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Lexoterica: A Philippine Blawg
"Features developments in Philippine law and jurisprudence. Its primary focus will be decisions of the Philippine Supreme Court and laws enacted by Congress of the Philippines."
Author: Hector M. DeLeon Jr. is a partner at Sycip Salazar Hernandez & Gatmaitan, which has four offices in the Phillippines: Cebu, Davao, Manila, and Subic.
Blawg Related Categories: Law Firms • Partners • International • Asia
Recent Posts from Lexoterica: A Philippine Blawg
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October 2009 Philippine Supreme Court Decisions on Labor Law
Here are selected October 2009 Supreme Court decisions on labor law: Dismissal; abandonment. To constitute abandonment, there must be a clear and deliberate intent to discontinue one’s employment without any intention of returning. Two elements…
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Grandparents’ legal obligation to support their grandchildren
Cheryl married Edward Lim sometime 1979 and they have three children. Cheryl, Edward and their children lived at the house of Edward’s parents, Prudencio and Filomena, in Forbes Park, Makati City, together with Edward’s ailing…
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October 2009 Philippine Supreme Court Decisions on Commercial Law
Here are selected October 2009 Philippine Supreme Court decisions on commercial law: Board of trustees; qualification of Chairman. The Court of Appeals correctly held that petitioner Villafuerte’s nomination must of necessity be understood as being…
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Legalese 2009 (Week 44)
Legalese improperly accumulated earnings tax – tax imposed on corporations for improper or unreasonable accumulation of profits or surplus. It is not lieu of, but in addition to, the regular corporate income tax (Law on…
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October 2009 Philippine Supreme Court Decisions on Tax Law
Here are selected October 2009 Philippine Supreme Court decisions on tax law: Income tax; mortgage. Under Revenue Memorandum Circular 58-2008, if the property is an ordinary asset of the mortgagor, the creditable expanded withholding tax…
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Deed of Sale vs. Equitable Mortgage
Under the Civil Code, an agreement that, on its face, looks like a sale may be considered an equitable mortgage. Article 1602 of the Civil Code provides: Art. 1602. The contract shall be presumed to…
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October 2009 Philippine Supreme Court Decisions on Political Law
Here are selected October 2009 Philippine Supreme Court decisions on political law: Constitutional Law Bail. Section 13, Article III of the Constitution provides that “All persons, except those charged with offenses punishable by reclusion perpetua…
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Legalese 2009 (Week 43)
Lexicon accretion – in succession, the implied institution of a co-heir, co-devisee, or co-legatee to a portion of the inheritance left vacant by another co-heir, co-devisee, or co-legatee by reason of predecease, incapacity or repudiation…
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September 2009 Philippine Supreme Court Decisions on Remedial Law
Here are selected September 2009 Philippine Supreme Court decisions on remedial law: Action; forcible entry. There is forcible entry or desahucio when one is deprived of physical possession of land or building by means of…
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Remedies for non-payment of loan secured by mortgage and checks
According to the Supreme Court, a creditor has three (3) alternative remedies if the debtor fails (or unjustly refuses) to pay his debt when it falls due and the debt is secured by a mortgage…


