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Showing 25–48 of 147 articles for “venue”

Tax Exemption Challenges and the CTA's Exclusive Jurisdiction Over BIR Issuances

Learn why the Court of Tax Appeals, not regional trial courts, has exclusive jurisdiction over tax exemption cases and BIR revenue issuances.

Understanding Tax Implications of Initial Public Offerings: Separate vs Joint Computation

The Supreme Court clarifies how IPO taxes on primary and secondary offerings are computed under the National Internal Revenue Code.

Venue Rules for Graft Cases Against Officials: Insights from Non v. Ombudsman

The Supreme Court clarifies venue rules for graft cases against public officials under R.A. 10660, requiring trial outside the official's home region.

Forest Charges and Tax Refunds: Jurisdiction and Prescription in Philippine Tax Law

A 2019 Supreme Court ruling clarifies that forest charges are internal revenue taxes, so refund claims must go to the CIR within two years.

UP Tax Exemption: Balancing Public Benefit and Local Revenue

Supreme Court rules UP exempt from real property tax on land leased to Ayala Land under RA 9500, balancing public benefit and local revenue.

Redefining Local Autonomy: LGUs' Just Share in National Taxes

The Supreme Court ruled that LGUs' just share must come from all national taxes, not just internal revenue taxes.

Venue Stipulations and the Right Remedy: Pillars Property v. Century Communities

The Supreme Court clarifies when a venue stipulation binds parties and why dismissal for improper venue calls for certiorari, not appeal.

Contractual Intent Signatures Fine Print AND Dispute Resolution IN Commercial Agreements

Court rules on venue and arbitration clauses in commercial contracts, emphasizing the importance of clear contractual intent and valid signatures.

Venue in Estafa Cases: Where Does a Bouncing Check Crime Occur?

The Supreme Court clarifies that in estafa cases involving bouncing checks, venue lies where the check was issued and dishonored, not where negotiations occurred.

Challenging Final Judgments: The Proper Legal Avenue for Annulment

Learn when a final judgment can be challenged through annulment under Rule 47, and why collateral attacks fail.

Jurisdiction vs Venue: Why Courts Can't Dismiss Cases on Their Own for Wrong Venue

The Supreme Court clarifies the difference between jurisdiction and venue, and why courts cannot motu proprio dismiss cases for improper venue.

Local Autonomy vs Congressional Power: Defining the Just Share in National Taxes

The Mandanas ruling redefined the LGU just share in national taxes, expanding the base beyond internal revenue taxes.

Venue Is Jurisdictional in Criminal Cases: The Casanas Carnapping Ruling

The Supreme Court explains why venue is jurisdictional in criminal cases and why a conviction outside the proper territory is void.

Territorial Jurisdiction in Criminal Cases: Where the Crime Occurs Determines the Court

The Supreme Court rules that venue in criminal cases is jurisdictional—a court cannot try an offense committed outside its territory.

Venue Stipulations in Contracts: When "Exclusive" Means Exclusive in Philippine Courts

Philippine Supreme Court clarifies when contractual venue stipulations are binding and enforceable, and when courts must dismiss cases filed elsewhere.

Exclusive Venue Stipulations in Real Estate Mortgages: When They Bind the Parties

The Supreme Court clarifies when exclusive venue clauses in real estate mortgages are binding, even if borrowers challenge loan terms.

Exclusive Venue Stipulations in Mortgage Contracts: When a Motion to Dismiss Must Be Granted

The Supreme Court clarifies when an exclusive venue stipulation in a mortgage contract binds parties and requires dismissal of a case filed elsewhere.

Contractual Venue Stipulations: Enforceability and Waiver in Philippine Courts

Philippine Supreme Court clarifies when exclusive venue clauses in contracts bind parties and when they are waived.

Jurisdiction in Illegal Recruitment and Estafa Cases: Protecting Migrant Workers

The Supreme Court clarifies venue rules for illegal recruitment and estafa cases, protecting migrant workers' access to justice.

Corporate Residence for Insolvency Cases: Actual Office Location Prevails

The Supreme Court clarifies that for insolvency venue, a corporation's actual principal office, not its Articles of Incorporation, determines residence.

Taxation and Freeport Zones: The Limits of Executive Power in Revenue Regulation

The Supreme Court strikes down a revenue regulation imposing VAT and excise tax on freeport zone importations, affirming that tax exemptions cannot be revoked by executive issuance.

Disbarment Case Dismissed: Falsification Must Be Proven in Proper Proceedings

Supreme Court clarifies that disbarment is not the proper venue to prove falsification or forgery charges against lawyers.

When Defective Informations Can Be Amended: Lessons from a Libel Case on Venue and Publication

The Supreme Court clarifies when defective informations in libel cases may be amended before arraignment, and when dismissal is proper.

Tax Amnesty Administrative Rules Cannot Override Statutory Law

Supreme Court ruling on ING Bank v. CIR: BIR revenue circulars cannot override the Tax Amnesty Act of 2007.