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Showing 49–72 of 128 articles for “relief”

Tax Treaty Relief vs. BIR Rules: When Administrative Deadlines Cannot Defeat Treaty Benefits

Supreme Court rules that failure to file a prior tax treaty relief application with the BIR does not automatically forfeit a taxpayer's right to preferential rates under an international tax treaty.

Voluntary Submission to Jurisdiction: When Active Participation Trumps Defective Summons

Defective summons doesn't defeat jurisdiction if a defendant voluntarily appears and seeks affirmative relief, as Optima Realty v. Hertz shows.

Dismissal of Appeal: Fugitive Status Bars Access to Judicial Relief

A Supreme Court ruling explains why an accused who jumps bail loses the right to appeal and seek relief from the courts.

Untangling Time: When Does the Clock Start Ticking for Relief from Judgment?

Explaining the 60-day and 6-month periods for filing a petition for relief from judgment under Rule 38, as clarified by the Supreme Court in Commissioner of Internal Revenue v. Court of Tax Appeals an

Counsel's Negligence Binds the Client in Philippine Legal Proceedings

Learn when a lawyer's negligence binds the client in Philippine courts, and when courts may grant relief from counsel's mistakes.

When Amparo Fails Balancing Rights AND Evidence IN Disappearance Cases

The writ of amparo protects life, liberty, and security. But what happens when the evidence is weak or the case is moot? This article explains the limits of amparo relief in Philippine courts.

Judicial Overreach: Defining the Boundaries of Contempt Power

The Supreme Court clarifies that dismissal for forum shopping requires identity of parties, causes, and reliefs—not mere procedural missteps.

Premature Legal Action: Understanding Ripeness in Declaratory Relief Cases

Philippine Supreme Court clarifies when a declaratory relief case is premature and how the doctrine of primary jurisdiction applies.

Exhaustion of Administrative Remedies: Why Courts Defer to Agency Expertise

Philippine Supreme Court ruling explains why parties must exhaust administrative remedies and file motions for reconsideration before seeking court relief.

Voluntary Submission to Jurisdiction: Filing a Motion Without Reservation Waives Objections to Improper Servic

Filing any motion seeking affirmative relief without expressly reserving a special appearance waives objections to improper service of summons.

Re-Computation of Monetary Awards in Illegal Dismissal Cases: Ensuring Complete Relief

The Supreme Court clarifies that monetary awards in illegal dismissal cases may be recomputed up to finality of judgment, ensuring full relief.

Clean Hands Doctrine Bars Relief in Alleged Illegal Land Ownership Case

Philippine Supreme Court applies clean hands doctrine to deny claims based on alleged illegal foreign land ownership arrangements.

VAT Liability of Pawnshops: Clarifying Tax Obligations and Documentary Stamp Tax Implications

The Supreme Court clarifies when pawnshops are VAT-liable and confirms documentary stamp tax on pawn tickets, with relief from surcharges in good faith.

Judicial Independence Prevails: Courts Must Independently Assess Criminal Cases Despite DOJ Resolutions

Courts must independently assess criminal cases despite DOJ resolutions. The Barbieto case clarifies judicial discretion in injunctive relief.

Liberty vs Military Authority: Balancing Rights in the Philippine Armed Forces

Supreme Court ruling on a general's preventive suspension and arrest, clarifying due process and injunctive relief in military discipline cases.

Respecting Final Judgments: The Imperative of Closure in Legal Proceedings

Explore the Supreme Court's ruling in Ibasco v. PDCP on finality of judgments, timely appeals, and the limits of injunctive relief in foreclosure cases.

Final Judgments Bar Refiled Claims: Navarro v. Metropolitan Bank & Trust Company

A Supreme Court ruling on how a final dismissal based on laches bars a refiled case, even when the new suit seeks different relief.

Urgent Relief vs Prudence: Balancing Injunctive Action and Electorate Rights in Public Office Suspension Cases

When may a court defer action on a TRO against a preventive suspension order? The Supreme Court weighs urgency against prudence.

Land Registration Court Authority Overlapping Property Claims

When a court executes a final judgment, it cannot add reliefs—like possession—that the appellate court never awarded.

Rehabilitation Proceedings Suspending Actions FOR Corporate Rescue

Explaining when corporations may seek rehabilitation, the automatic suspension of claims, and the temporary nature of the relief.

Retroactivity of Supreme Court Decisions on Tax Exemptions: CJH Development v. BIR

The Supreme Court clarifies when tax exemption rulings apply retroactively and why declaratory relief is not the proper remedy for contesting tax assessments.

Forum Shopping Prohibition Filing Separate Actions FOR THE Same Relief Results IN Dismissal

Filing both an appeal and a certiorari petition over the same RTC orders is forum shopping. The Supreme Court explains why both cases were dismissed.

Relief From Judgment Negligence Bars Second Chances in Agrarian Disputes

Filing both an appeal and certiorari to question the same order is forum shopping. Learn the rule.

Relief From Judgment Not Available in the Supreme Court: Purcon v. MRM Philippines

The Supreme Court explains why a petition for relief from judgment under Rule 38 cannot be filed in the High Court.