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显示第 1417–1440 篇,共 24,626 篇文章

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Dec 7, 2021vat-refundtax-lawdue-processcourt-of-tax-appealsinput-vattax-credit

Navigating VAT Refund Claims: Due Process in Philippine Tax Courts

Learn how the Supreme Court protects taxpayers' due process rights in VAT refund claims, from the 120-day rule to document submission standards.

Dec 7, 2021corporate lawcorporation codefiduciary dutycorporate opportunitydirectors liability

Corporate Opportunity Doctrine: Directors Cannot Take Business Deals for Themselves

Supreme Court clarifies when corporate directors breach their duty of loyalty by taking business opportunities meant for the corporation.

Dec 7, 2021party-listelection lawcomelecproportional representationbanatone person one vote

Party List Proportionality: Supreme Court Upholds BANAT Formula in Seat Allocation

The Supreme Court upholds the BANAT formula for party-list seat allocation, rejecting claims that it violates the one person, one vote principle.

Dec 7, 2021criminal lawrapechild abusecredible testimonyqualified statutory rapesupreme court

Protecting the Vulnerable: Credible Testimony of Child Rape Victims as Basis for Conviction

The Supreme Court affirms that a child rape victim's credible testimony, even without medical findings, suffices for conviction and clarifies proof of minority.

Dec 7, 2021family codepsychological incapacitymarriage nullitysupreme courtcivil lawannulment

Navigating Psychological Incapacity in Philippine Marriages: Insights From a Landmark Ruling

The Supreme Court clarifies psychological incapacity under Article 36, Family Code, in a landmark ruling on marriage nullity.

Dec 7, 2021taxationpogoconstitutional lawbureau of internal revenuefranchise taxbayanihan 2

Offshore Gaming Taxation: The Supreme Court on Philippine Tax Authority Limits

The Supreme Court upheld the constitutionality of taxing Philippine Offshore Gaming Operators, clarifying the limits of Philippine tax authority over POGOs.

Dec 7, 2021qualified statutory rapeminorityqualifying circumstancesrevised penal codecriminal lawsupreme court

Qualifying Circumstances in Rape: Proving the Victim's Minority and Relationship

The Supreme Court clarifies how the prosecution may prove a rape victim's minority and relationship, and when a conviction may be upgraded to qualified statutory rape.

Dec 7, 2021real-party-in-interestcontract-nullificationlegal-standingphilippine-lawcivil-proceduresupreme-court

Real Party in Interest: Who Can Sue to Nullify a Contract in the Philippines

Learn who has legal standing to file a case to nullify a contract in the Philippines, based on Supreme Court rulings on real party in interest.

Dec 7, 2021administrative-lawgood-faithdisallowed-transactionscoapublic-officersaccountability

Good Faith as a Shield: Accountability in Governance for Disallowed Transactions

When can good faith protect public officers from liability for disallowed transactions? The Supreme Court clarifies the rules on accountability in governance.

Dec 6, 2021solidary liabilityinterest ratesbusiness partnershipscivil codesupreme court

Solidary Liability and Interest Rates in Philippine Partnerships: Key Lessons from a Supreme Court Ruling

A look at a Supreme Court ruling on solidary liability, novation, and unconscionable interest rates in business loans and partnerships.

Dec 6, 2021contract-lawgovernment-actionsbreach-of-contractlegal-remediesphilippine-law

Upholding Contractual Obligations When Government Actions Lead TO Breached Agreements

Explore how the Supreme Court protects contractual rights when government actions cause breaches, and the legal remedies available to affected parties.

Dec 6, 2021psychological incapacityfamily codeannulmentmarriagearticle 36supreme court

Beyond Infidelity: The High Bar for Psychological Incapacity in Philippine Marriages

Philippine Supreme Court clarifies that infidelity, immaturity, and lack of support do not automatically constitute psychological incapacity under Article 36 of the Family Code.

Dec 6, 2021rapecriminal lawvictim testimonyforce and intimidationalibirevised penal code

Rape Conviction Affirmed: Credibility of Victim Testimony and Force in Philippine Law

Supreme Court affirms rape conviction of a police officer, ruling on victim credibility, force and intimidation, and alibi defenses.

Dec 6, 2021intra-corporate disputejurisdictiontortious interferencecivil lawcorporation lawsupreme court

When a Corporate Dispute Is Not Intra-Corporate: Tortious Interference and Court Jurisdiction

The Supreme Court clarifies when a suit for tortious interference against third parties is an ordinary civil action, not an intra-corporate dispute.

Dec 6, 2021compromise agreementscontract lawestoppelmemorandum of understandingsupreme courtphilippine law

Understanding the Binding Nature of Compromise Agreements in Philippine Law

A look at City of Bacolod v. Sugarland Hotel, where the Supreme Court affirmed that a memorandum of understanding is a binding contract, and explored estoppel and jurisdictional challenges.

Dec 6, 2021property-lawliquidationforeign-ownershipexecution-levycorporation-codetorrens-system

Equitable Interest: How Liquidating Dividends Impact Foreign Land Ownership in the Philippines

SC ruling on whether a foreign stockholder's liquidating dividends in Philippine land may be levied to satisfy judgment debts.

Dec 6, 2021civil-lawimmutability-of-judgmentexecutionejectmentrules-of-court

Final Judgment Immutability: Why an Order of Execution Cannot Be Appealed

The Supreme Court clarifies that orders of execution are not appealable, upholding the immutability of final judgments in ejectment cases.

Dec 6, 2021mandamusjoint venturegovernment contractsadministrative lawsbmaneda

Mandamus and Government Contracts: Enforcing Legal Duties in Joint Venture Agreements

When can courts compel government agencies to honor joint venture commitments? The Supreme Court clarifies mandamus and ministerial duties.

Dec 6, 2021labor lawindependent contractoremployer-employee relationshipabs-cbnsupreme court

Independent Contractor vs Employee: How Unique Skills Determine Employment Status in the Philippines

The Supreme Court clarifies when unique skills and talent make a worker an independent contractor, not an employee, in Philippine labor law.

Dec 5, 2021criminal-law

Economic Abuse Under RA 9262: When means more than just basic salary. This decision strengthens the law's prot

## What the Law Says About Economic Abuse RA 9262 defines economic abuse as acts that make or attempt to make a woman financially dependent. These include withh

Dec 5, 2021tortious interferenceintra-corporate disputejurisdictioncorporation lawcivil code

Tortious Interference vs. Intra-Corporate Dispute: Jurisdiction in Corporate Conflicts

The Supreme Court clarifies when a corporate conflict is a civil tort case or an intra-corporate dispute, and which court has jurisdiction.

Dec 2, 2021criminal-lawattempted-murderserious-physical-injuriesintent-to-killrevised-penal-codesupreme-court

Understanding Intent to Kill: The Fine Line Between Attempted Murder and Serious Physical Injuries

The Supreme Court clarifies when a violent attack is attempted murder or only serious physical injuries, focusing on intent to kill and spontaneous desistance.

Dec 1, 2021naturalizationcitizenshiprefugee lawsupreme court rulingimmigration law

Naturalization in the Philippines: Strict Compliance Required, Even for Refugees

Philippine naturalization demands strict compliance with all legal requirements, as shown by a recent Supreme Court ruling denying a refugee's citizenship application.

Dec 1, 2021trademark lawdomain namesintellectual propertyip codekolin casebrand protection

Protecting Your Brand Online: Trademark Rights and Domain Names in the Philippines

Learn how the Supreme Court protects trademark rights in domain names, and what the Kolin case means for your brand's online presence.