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Showing 73–96 of 147 articles for “venue”

Timeliness Matters: Appealing Election Protests and the Strict Application of Procedural Rules

The Supreme Court ruled that late appeals in election protests are fatal, even when the trial court erred on venue.

Navigating Libel in the Digital Age: Defining Jurisdiction in Online Defamation

The Supreme Court clarifies where online libel cases may be filed, ruling that mere internet access does not determine venue.

Mayor's Permit Modification vs. Freedom of Assembly: The IBP v. Atienza Ruling

When can a mayor change a rally venue? The Supreme Court explains the limits of permit-modifying discretion under the Public Assembly Act.

Supreme Court Ruling on Health Care Agreements and Documentary Stamp Tax: What It Means

The Supreme Court ruled that HMO health care agreements are not insurance contracts subject to documentary stamp tax under the National Internal Revenue Code.

Derivative Suits and Venue: Lessons from Hi-Yield Realty v. Court of Appeals

Explaining the Supreme Court's ruling on derivative suit venue, Rule 65 vs. Rule 45, and why certiorari cannot substitute for a lost appeal.

Shareholder Derivative Suits: Venue and Procedure Under Philippine Rules

Learn how Philippine courts determine venue for shareholder derivative suits and why procedural choices like certiorari vs. appeal matter.

Hierarchy of Courts and the Right Venue for Legal Recourse: Lessons on Resolving Moot Issues

A Supreme Court ruling on the hierarchy of courts, proper venue for legal recourse, and how courts resolve issues that have become moot.

Courts Must Ensure Proper Appeal Venue in Malversation Cases

Supreme Court rules trial courts must forward appeals to the correct forum, protecting accused persons' right to liberty in malversation cases.

Perjury and Venue: Where the False Statement Truly Matters

A look at how the Supreme Court ruled that venue in perjury cases depends on where the false statement is used, not where it is notarized.

Tax Assessment Validity: Balancing Revenue Collection and Taxpayer Rights in Evidence Disputes

The Supreme Court clarifies that illegally obtained documents do not automatically invalidate tax assessments, balancing BIR collection powers with taxpayer protections.

Venue Rules in Personal Actions: Why the Principal Plaintiff's Residence Matters

Supreme Court clarifies venue rules for personal actions, emphasizing the principal plaintiff's residence determines proper venue, not nominal co-plaintiffs.

Writ of Possession Is Ministerial Duty, Not a Venue for Fraud Claims

The Supreme Court clarifies that a writ of possession in extrajudicial foreclosure is a ministerial duty, not subject to fraud claims.

Substantial Compliance Prevails Upholding Justice Over Technicalities IN Appellate Procedure

SC rules substantial compliance with verification rules and corrects error on local business tax base—gross receipts, not gross revenue.

Gross Receipts vs. Gross Revenue: The Tax Base for Contractors in the Philippines

The Supreme Court clarifies that local business tax on contractors is based on gross receipts, not gross revenue.

Venue as a Cornerstone of Jurisdiction in Incriminating Innocent Persons Cases

Philippine Supreme Court clarifies venue rules and the scope of Article 363, Revised Penal Code, in incriminating innocent persons complaints.

Venue Stipulations in Contracts: Courts Cannot Dismiss Motu Proprio on Improper Venue

Philippine Supreme Court clarifies that trial courts cannot motu proprio dismiss cases for improper venue when parties validly agreed on exclusive venue.

Computing Prescriptive Periods: Calendar Months vs Fixed Days in Tax Refund Claims

The Supreme Court clarifies how to compute the two-year prescriptive period for tax refund claims under the National Internal Revenue Code.

How Philippine Courts Compute the Two-Year Tax Refund Period

The Supreme Court clarifies how to compute the two-year prescriptive period for tax refund claims under the National Internal Revenue Code.

Revival of Judgment and Venue: When Real Property Interests Determine the Proper Court

Philippine Supreme Court ruling on where to file an action to revive a judgment involving real property, and why venue depends on the nature of the underlying action.

Venue Stipulations When Contractual Agreements Don't Cover ALL Claims

When a contract names an exclusive venue, does it bind claims outside that contract? The Supreme Court explains when it doesn't.

Venue Stipulations in Philippine Contracts: When a Chosen Court Isn't Exclusive

A Supreme Court ruling clarifies when contract venue clauses are binding and exclusive, and when they merely add another option for filing suit.

Venue Is Key: Why Your Libel Case Might Be Dismissed Before It Even Starts in the Philippines

Learn how Philippine courts determine venue in estate cases, and why filing in the wrong place can get your case dismissed early.

Divorce and Remarriage in the Philippines: Validity and Legal Capacity Explained

A Philippine Supreme Court ruling explains when a Filipino divorced by a foreign spouse may remarry, and how courts determine legal capacity and estate venue.

Estate Settlement Venue and Remarriage After Foreign Divorce: Key Philippine Rules

Philippine Supreme Court clarifies estate settlement venue means actual residence, and a Filipino divorced by a foreign spouse may remarry.