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显示第 12697–12720 篇,共 24,772 篇文章

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Sep 16, 2008franchise taxlocal government taxationtax exemptionsmart communicationslocal government codein lieu of all taxes

When 'In Lieu of All Taxes' Does Not Mean Local Tax Exemption: Smart Communications v. City of Davao

The Supreme Court ruled that a franchise's "in lieu of all taxes" clause covers only national taxes, not local franchise taxes.

Sep 16, 2008libelpress freedomfair commentrevised penal codetulfopublic officials

Press Freedom vs. Fair Comment: The Limits of Libel Law in Tulfo v. People

The Supreme Court in Tulfo v. People clarifies when press freedom ends and criminal libel begins, applying the actual malice standard to defamatory columns.

Sep 16, 2008compromise agreementscivil procedurephilippine litigationsettlementjudicial compromise

Compromise Agreements in Philippine Litigation: Ensuring Validity and Enforcement

Learn how Philippine courts treat compromise agreements, including validity requirements, enforcement mechanisms, and practical tips for ensuring compliance.

Sep 16, 2008property-lawforeclosureredemptioninterestdbpsupreme-court

Redemption Rights Interest Computation CUT OFF In Foreclosure Sales

Philippine Supreme Court ruling clarifies that in DBP foreclosure redemptions, interest stops accruing at the auction date.

Sep 16, 2008administrative lawdue processombudsmanadministrative proceedingsrule 65rule 43

Safeguarding Due Process in Administrative Proceedings: The Ruivivar Case

Explaining when Ombudsman decisions are final and unappealable, and how due process is preserved in administrative cases.

Sep 16, 2008tax-law

Navigating TAX Exemptions THE Fine Line Between National AND Local Levies

Sep 12, 2008property-law

Finality OF Awards THE Importance OF Following Appeal Procedures IN Land Disputes

Sep 12, 2008labor-lawillegal-dismissalvoluntary-resignationseparation-payreorganizationnlrc

Voluntary Resignation vs Illegal Dismissal: When a Separation Package Waives Claims

Philippine Supreme Court rules on when accepting a separation package during reorganization bars a later illegal dismissal claim.

Sep 12, 2008vat refundtax creditprescriptive periodzero-rated salesbureau of internal revenue

VAT Refund Claims Strict Deadlines Apply Even If Payment IS Belated

Philippine Supreme Court rules VAT refund claims must be filed within two years from the taxable quarter's close, not from payment date.

Sep 12, 2008notarial lawnotary publicdisbarmentlegal ethicsforgerysupreme court

Notarization Is Not a Rubber Stamp: Supreme Court Disbars Negligent Notary

A notary who notarized a forged deed without verifying signers' identities was suspended and disqualified. Learn the rules on notarization.

Sep 12, 2008jurisdictionproperty disputesassessed valuertcmtcaccion publiciana

Jurisdictional Thresholds in Property Disputes: Assessed Value vs. Estimated Value

Philippine courts clarify that assessed value, not estimated value, determines which court has jurisdiction over property disputes.

Sep 12, 2008property-laweminent-domainjust-compensationeasementright-of-waynapocor

Full Market Value, Not a 10% Cap, Is Just Compensation for Power-Line Easements

In NPC v. Purefoods, the Court held that a transmission-line easement that cripples normal use must be paid at full market value, not 10%.

Sep 12, 2008rapecriminal lawvictim credibilitydelay in reportingintimidationsupreme court

Rape Delay in Reporting Due to Fear and Intimidation Does Not Affect Victim's Credibility

Philippine Supreme Court rules that a rape victim's delay in reporting due to fear of the offender does not diminish her credibility or indicate a false accusation.

Sep 12, 2008legal ethicsadministrative caseattorney disciplineattachmentcustodia legis

Lawyer Suspended for Misusing Attached Properties in Custody of Court

Lawyer suspended one year for taking custody of attached vehicles without court authority and allowing their unauthorized use.

Sep 12, 2008criminal-lawrapechild-victimcredibilitymedical-evidencesupreme-court

Rape Conviction Upheld: Credible Testimony and Medical Evidence Validate Child Victim's Account

Supreme Court affirms rape conviction, explaining why a child victim's credible testimony and medical findings outweigh denial and alibi.

Sep 12, 2008criminal-law

Corporate Misrepresentation Piercing THE Veil OF Deceit IN Investment Fraud

Sep 12, 2008notarial lawnotary publicadministrative caselegal ethicslawyer disciplinenotarization

Upholding Trust in Notarization: Consequences for Negligence in Verifying Document Signatures

A lawyer who notarized a deed without the signatories appearing before him was suspended and disqualified. Learn the notarial rules.

Sep 12, 2008criminal-lawrapeintimidationforcerevised-penal-codesupreme-court

Rape and Intimidation: How Fear Can Establish Force Without Physical Injury

Philippine Supreme Court clarifies that in rape cases, intimidation can substitute for physical force—a knife threat suffices even without injuries.

Sep 12, 2008loan restructuringmortgage releasedacion en pagocollateralbanking lawcontract law

Loan Restructuring vs Mortgage Release: When Must a Bank Return Collateral?

When a borrower restructures a loan and assigns property as partial payment, is the bank obliged to release other collateral? The Supreme Court explains.

Sep 12, 2008suretyshipcontract-lawcivil-codesurety-bondlabor-appealsupreme-court

Suretyship Perfected Surety Liable Despite Appeal Rejection

A surety bond is perfected upon issuance, not upon the appeal's success. Learn the Supreme Court's ruling in Quiamco v. Capital Insurance.

Sep 11, 2008ombudsmanadministrative lawinterventionappealpublic accountability

When Can the Ombudsman Intervene in Appeals of Its Decisions

The Supreme Court clarifies the Ombudsman's right to intervene in appeals of its administrative decisions and the effect of appeals on execution.

Sep 11, 2008estafarevised-penal-codeinvestment-fraudcriminal-lawarticle-315bouncing-checks-law

Investment or Loan? The Estafa Trap in Misrepresented Business Ventures

When a business deal fails, is it a breach of contract or estafa? The Supreme Court clarifies when false pretenses turn a failed investment into a criminal offense.

Sep 11, 2008conditional salecontract to sellproperty lawcivil codeownership transfersupreme court

Conditional Sales vs Contracts to Sell: Clarifying Property Rights in the Philippines

Philippine Supreme Court clarifies when a "conditional sale" is actually a contract to sell, and why full payment matters for ownership transfer.

Sep 11, 2008notarial lawlegal ethicsadministrative casesupreme courtmalpracticenotary public

Notarizing Without a Commission: When a Lawyer’s Mistake Becomes Malpractice

The Supreme Court suspends a lawyer for notarizing documents after his commission expired, ruling that ignorance or reliance on staff is no excuse.