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Showing 1–24 of 84 articles for “exceptions”

Bank Secrecy Law Philippines: What Foreign Investors Must Know

Understand how the bank secrecy law in the Philippines affects foreign investors, including deposit coverage, exceptions, and foreign currency accounts.

Minimum Capital Requirement for Corporations in the Philippines: What the Law Says

No minimum capital stock is required for most Philippine stock corporations under the Revised Corporation Code. Learn the rules and exceptions.

Barangay Conciliation in the Philippines: When It's Required Before Filing a Case

Learn when barangay conciliation is required in the Philippines before filing a case in court, plus the exceptions and process under the law.

Upholding Agrarian Reform When Can a Final Judgment Be Overturned

The Supreme Court explains when a final judgment can be overturned, applying exceptions to immutability in an agrarian reform case.

Double Jeopardy in the Philippines: When an Acquittal Becomes Final

Philippine law protects acquitted persons from retrial through double jeopardy. Learn the rule, its narrow exceptions, and key case law.

Final and Executory Judgments: The Doctrine of Immutability in Philippine Courts

Once a judgment becomes final and executory, courts cannot revisit it. Learn the doctrine of immutability, its exceptions, and key lessons from a recent Supreme Court ruling.

Trademark Ownership in the Philippines: When Bad Faith Defeats First-to-File

Prior use can defeat a first-to-file trademark application if the applicant acted in bad faith. Learn the rule and its exceptions.

VAT Refund Claims: The Mandatory 120+30 Day Rule in the Philippines

Philippine Supreme Court affirms that the 120+30 day rule for VAT refund claims is mandatory and jurisdictional. Learn the deadlines and exceptions.

Dying Declarations vs Res Gestae: Hearsay Exceptions in Philippine Murder Cases

The Supreme Court clarifies when a victim's dying words are admissible—as a dying declaration or as res gestae—in a murder conviction.

Death of Accused Before Final Judgment Extinguishes Criminal Liability

When an accused dies before final judgment, criminal liability and civil liability ex delicto are extinguished. Learn the rule and exceptions.

Death Abates Criminal Liability: Supreme Court Clarifies Extinguishment of Penalties and Civil Obligations

When an accused dies before final conviction, criminal liability and civil liability ex delicto are extinguished. The Supreme Court explains the rule and its exceptions.

Immutability of Judgments When Finality Prevails Over Claims of Minority in Criminal Cases

When does a final judgment yield to supervening events? The Supreme Court clarifies the exceptions to immutability of judgment.

Writs of Possession in Extrajudicial Foreclosures: What Borrowers Should Know

Learn when courts must issue writs of possession after extrajudicial foreclosure, the limited exceptions, and the proper remedies for borrowers.

Seafarer Disability Claims: The 3-Day Reporting Rule and Its Exceptions

The Supreme Court clarifies when a seafarer's failure to report within 3 days of repatriation does not bar disability benefits.

Navigating VAT Refund Claims: Understanding the Critical Timelines and Exceptions

Learn the strict 120+30 day rules for VAT refund claims in the Philippines, plus the key exception that saved this taxpayer's case.

Understanding Psychological Violence Under RA 9262: Insights From a Landmark Supreme Court Ruling

The Supreme Court clarifies what constitutes psychological violence under RA 9262, including marital infidelity, hearsay exceptions, and penalties.

When Courts Allow New Evidence Not Pre-Marked During Pre-Trial in Philippine Litigation

Philippine courts may admit evidence not pre-marked during pre-trial if good cause is shown. Learn the rule and its exceptions.

Understanding the Time Limits for Executing Court Judgments in the Philippines

Learn the prescriptive periods for enforcing court judgments in the Philippines, including the rules on execution, revival, and important exceptions.

The Doctrine of Mootness: Resolving Association Election Disputes Beyond Expired Terms

Philippine Supreme Court clarifies when election contests become moot after officers' terms expire, and the exceptions to the mootness doctrine.

Res Judicata and Land Rights Prior Judgments and Exceptions in Philippine Law

Understand prior judgments, res judicata, and exceptions in Philippine land rights cases. Learn how courts treat final decisions.

Death of Accused Pending Appeal Extinguishes Criminal and Civil Liability Ex Delicto

When an accused dies before final judgment, criminal liability and civil liability ex delicto are extinguished. Learn the rule and its exceptions.

Immutability of Judgments: When Final Decisions Can Be Altered

Philippine Supreme Court explains the doctrine of immutability of judgments and its narrow exceptions, using a damages case as illustration.

Certiorari as Exception to Appeal: Grave Abuse of Discretion in Court Dismissals

When can certiorari replace appeal? The Supreme Court explains the exceptions in Martinez v. Buen, including grave abuse of discretion.

Forum Shopping Requisites and Exceptions in Tax Litigation: Commissioner of Customs v. Pilipinas Shell

The Supreme Court clarifies the three elements of forum shopping and when filing separate cases in different courts is allowed.