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Category: Remedial Law

SPID Corp. vs. Ballesteros –...

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...

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...

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...

SPID Corp. vs....

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...

On Original Document...

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...

Boundary Dispute and...

It would be unfair to hold Sta. Lucia liable again for real property taxes it already paid simply because Pasig cannot wait for its boundary dispute with Cainta to be decided...

Tax on Real...

The local government unit entitled to collect real property taxes from Sta. Lucia must undoubtedly show that the subject properties are situated within its territorial jurisdiction...

An Heir may...

Although an heir's right in the estate of the decedent which has not been fully settled and partitioned is merely inchoate, Article 493 of the Civil Code gives the heir the right to exercise acts of ownership...

On Doing Business...

The appointment of a distributor in the Philippines is not sufficient to constitute "doing business" unless it is under the full control of the foreign corporation...

Cram-Down Power of...

The "cram-down" clause is necessary to curb the majority creditors’ natural tendency to dictate their own terms and conditions to the rehabilitation...

On Liability of...

The surviving or consolidated corporation shall be responsible and liable for all the liabilities and obligations of each of the constituent corporations ...

Basis for Allegations...

To avail of the extraordinary period of assessment, theCIR should show that the facts upon which the fraud is based is communicated to the taxpayer...