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Showing 1–24 of 105 articles for “collection”

Collection of Sum of Money Philippines: Legal Options Explained

Learn the legal options for collection of sum of money in the Philippines, including demand letters, court actions, and enforcement under the Civil Code.

When a Lawyer’s Personal Debt Isn’t Professional Misconduct: Palaganas v. Panganiban

The Supreme Court clarifies that administrative cases against lawyers are for professional misconduct, not debt collection, in Palaganas v. Panganiban.

Alias Writs of Execution: When Can a Second Debt Collection Attempt Be Stopped?

Learn the rules on alias writs of execution in the Philippines, the limited grounds to oppose them, and key lessons from a recent Supreme Court ruling.

Due Process in Tax Assessments: When BIR Service of Notices Fails

Supreme Court voids BIR deficiency assessments served on unauthorized persons, stressing strict due process rules in tax collection.

Supreme Court Upholds Dismissal of Court Clerk for Theft of Court Funds

Court personnel who steal from court collections face dismissal, forfeiture of benefits, and disqualification from public office.

Tax Collection Prescription: CIR's Collection Efforts Barred by Three-Year Period

Supreme Court affirms CTA ruling that the CIR's right to collect deficiency taxes prescribed after three years from assessment notice.

When Filing Two Property Lawsuits Is Not Forum Shopping: The Hocorma Ruling

The Supreme Court clarifies when filing both an ejectment case and a collection suit over the same property does not constitute forum shopping.

Res Judicata and Prescription in Banking Disputes: Key Lessons from Metrobank v. Spouses Uy

The Supreme Court clarifies when a prior judgment bars a later case and how prescription runs in collection suits involving dishonored checks.

Navigating Tax Assessments: Understanding the Limits of Declaratory Relief in Philippine Tax Law

The Supreme Court clarifies when declaratory relief cannot be used to challenge tax assessments, reinforcing the rule against enjoining tax collection.

Understanding the Prohibition Against Splitting a Cause of Action in Loan and Mortgage Cases

A Supreme Court ruling clarifies when a bank cannot file both foreclosure and collection suits for the same loan obligation.

Understanding Sheriffs Fees and Improper Solicitation in Extrajudicial Foreclosures

A sheriff's dismissal for demanding P5,000 per title in foreclosure fees—what the Supreme Court said about unauthorized collections.

Understanding the Limits of Garnishment in Tax Collection: Insights From the Philippine Supreme Court

The Supreme Court clarifies that impeachment only removes an official from office, not forfeits retirement benefits without judicial conviction.

Understanding the Impact of Stay Orders on Corporate Rehabilitation in the Philippines

The Supreme Court clarifies when a stay order suspends collection cases against a corporation under rehabilitation, and when creditors may proceed.

Debtors' Burden of Proof in Loan Repayment Disputes: Insights from the Supreme Court

A debtor who claims payment must prove it. The Supreme Court clarifies the burden of proof in loan collection cases.

Understanding Tax Assessment and Collection Prescription: The BPI Case

The Supreme Court's BPI ruling explains when the BIR loses the right to assess and collect deficiency taxes—key lessons for taxpayers.

Unproven Claims Authenticating Private Documents IN Construction Disputes

A construction company's collection suit failed because it did not authenticate its private documents. Learn the authentication rules.

Judicial Demand as Cure for Default and Foreclosure Rights in Loan Agreements

How filing a complaint can cure lack of extrajudicial demand, and why collection and foreclosure are mutually exclusive remedies.

When Silence Speaks Volumes: Illegal Exaction and Abuse of Discretion in Garbage Collection Fees

Explore how the Supreme Court ruled that a prosecutor's dismissal of an illegal exaction case against a barangay captain constituted grave abuse of discretion.

Res Judicata and Preliminary Attachment: Protecting Judicial Stability in Debt Recovery

Learn how the Supreme Court applied res judicata and litis pendentia to bar a second certiorari petition challenging a writ of preliminary attachment in debt collection.

Splitting Causes of Action: When a Landowner Can File Separate Suits for Unpaid Rent and Ejectment

The Supreme Court clarifies that a landowner may file a separate collection suit for unpaid rent that accrued before the tenant’s possession became unlawful, without violating the rule against splitti

Tax Injunctions and Declaratory Relief: Limits on Court Authority

The Supreme Court clarifies that courts cannot enjoin tax collection and that declaratory relief is not a proper remedy to contest tax assessments.

Clerk of Court Dismissed for Misappropriation of Court Funds

A clerk of court who failed to remit collections and submit reports was dismissed for gross dishonesty, grave misconduct, and gross neglect of duty.

Tax Credit Transfers: Protecting Transferees in Good Faith and Upholding Due Process

The Supreme Court shields innocent transferees of tax credit certificates from reassessment, affirming due process in tax collection.

The Constitutional Right to a Reasoned Decision: Due Process in Loan Collection Cases

A Supreme Court ruling reminds judges that decisions must state facts and law clearly, or risk being void for violating due process.