Chamcham

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On Failure to Deliver Stock Certificate and Rescission Under Article 1191 | FEGDI v. Vertex

The failure of FEGDI to deliver the stock certificates within a reasonable time was a substantial breach of their contract that gave Vertex the right to rescind the sale under Article 1191 of the Civil Code...

CIR v. DLSU – Tax Exemption of Non-Stock, Non-Profit Educational Institutions

The tax exemption granted by the Constitution to non-stock, non-profit educational institutions is not subject to limitations imposed by law...

Tiangco v. ABS-CBN – On Employee and Independent Contractor

​​Possession of unique skills, expertise, or talent is a persuasive element of an independent contractor. It becomes conclusive if it is established that the worker performed the work according to his/her own manner and method and free from the principal 's control except to the result...

Filinvest Development Corporation v. Del Rosario – On Deposit under Section 267 of the LGC

The deposit is a jurisdictional requirement which must be satisfied before the court can entertain any action assailing the validity of the public auction sale...

MEDICARD v. CIR – On Gross Receipts of Health Maintenance Organizations for VAT Purposes

The amounts earmarked and eventually paid by MEDICARD to the medical service providers do not form part of its gross receipts.for VAT purposes...

MEDICARD v. CIR – On Letter of Authority and Letter Notice

Since the law specifically requires an LOA and RMO No. 32-2005 requires the conversion of the previously issued LN to an LOA, the absence thereof cannot be simply swept under the rug...

SPID Corp. vs. Ballesteros – On Just Causes and Illegal Dismissal

The burden of proving that the termination of  an employee was for a just or authorized cause lies with the employer. If the  employer fails to meet this burden, the dismissal is unjustified, thus, illegal...

Villongco v. Yabut – On Disputed Shares and Quorum

For stock corporations, the quorum is based on the number of outstanding voting stocks. The distinction of undisputed or disputed shares of stocks is not provided for in the law or the jurisprudence...

On Original Document Rule

Under the Original Document Rule (previously called the Best Evidence Rule), when the subject of inquiry is the contents of a document, writing, photograph or other record, no evidence is admissible other than the original document itself...

Collection of Local and Real Property Taxes Pending Boundary Dispute

For purposes of complying with local tax liabilities, the taxpayer is entitled to rely on the location stated in the certificate of title...

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