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Showing 1–24 of 102 articles for “prescriptive period”

Defective Tax Waivers: Supreme Court Voids BIR Assessment Against Telstar

Supreme Court voids BIR deficiency assessment against Telstar due to defective waivers and lack of demand for payment, reinforcing strict rules on prescriptive periods.

Revival of Judgment in the Philippines: Who Are Indispensable Parties and When to File

Learn the rules on reviving a final judgment in the Philippines, including indispensable parties and the 10-year prescriptive period.

Timely Filing of Just Compensation Claims Under Philippine Agrarian Law

Learn the 10-year prescriptive period for filing just compensation claims with the Special Agrarian Courts under Philippine agrarian reform law.

Conjugal Property Transfers After the Family Code: When a Spouse's Consent Is Required

The Supreme Court clarifies when a spouse's sale of conjugal property without consent is void or voidable, and the prescriptive period for challenging it.

Tax Assessment Validity: Waivers and Due Dates Under Scrutiny

The Supreme Court nullified BIR deficiency assessments for First Gas Power due to defective waivers and missing due dates, clarifying prescriptive period rules.

Reconveyance of Property Under Implied Trust and the 10-Year Prescription Period

The Supreme Court clarifies when the prescriptive period runs for reconveyance based on implied trust and the effect of default orders.

Reviving Dormant Judgments: Understanding the 10-Year Window for Enforcement in the Philippines

Learn how long you have to enforce a final judgment in the Philippines, what happens when the 10-year prescriptive period lapses, and how to revive a dormant judgment.

Navigating Tax Refund Claims: The Two-Year Rule and Its Implications for Businesses in the Philippines

Philippine Supreme Court clarifies the two-year prescriptive period for tax refund claims, allowing judicial claims even without the BIR's prior ruling.

Navigating Excise Tax Refunds: The Two-Year Prescriptive Period in the Philippines

Understand the two-year prescriptive period for excise tax refunds in the Philippines and how the Supreme Court applies procedural rules in customs assessments.

SALN Violations and Perjury: Prescriptive Periods Explained

Learn the prescriptive periods for SALN violations and perjury in the Philippines, based on the Supreme Court's ruling in the Germar case.

Filing a Complaint Interrupts Prescription Period for Seafarer Disability Claims

SC clarifies that filing a labor complaint interrupts the prescriptive period for seafarer disability claims under special laws, protecting workers' rights.

Prescription and Speedy Disposition in Philippine Criminal Cases: Key Insights

A Philippine Supreme Court ruling clarifies when the prescriptive period for graft cases begins and what constitutes inordinate delay.

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.

Laches in Philippine Law: How Delay Can Bar Your Legal Claims

Learn how the doctrine of laches can bar legal claims in the Philippines, even before the prescriptive period expires, through the Supreme Court's ruling in Ang v. Abaldonado.

Onerous Donations: When Failure to Fulfill Conditions Leads to Revocation

Philippine Supreme Court clarifies when failure to fulfill onerous donation conditions justifies revocation, and the prescriptive period for such actions.

Tax Refund Claims: Filing on Time Beats Waiting for BIR Action

Supreme Court clarifies taxpayers may file judicial tax refund claims before the BIR acts, provided the two-year prescriptive period is respected.

Tax Refund Claims: Timely Filing and the Commissioner's Inaction

The Supreme Court clarifies when taxpayers may seek judicial tax refund claims despite the Commissioner's inaction, and the two-year prescriptive period.

Revival of Judgment: Prescription Periods and Banking Reorganization Duties

Explaining the Supreme Court's ruling on the 10-year prescriptive period for reviving judgments and its application to banking reorganization obligations.

Assurance Fund Claims: When the Prescriptive Period Starts for Defrauded Landowners

The Supreme Court clarifies when the six-year period to claim the Assurance Fund begins for landowners defrauded under the Torrens system.

Prescription of SALN Violations Under RA 6713: When the Eight-Year Period Runs

The Supreme Court clarifies when the prescriptive period for failing to file SALNs under RA 6713 begins—from commission, not discovery.

Cyber Libel Prescribes in One Year: Supreme Court Clarifies RA 10175 and RA 9480

The Supreme Court rules cyber libel prescribes in one year, not 15, and clarifies when the prescriptive period starts running.

Mortgage Foreclosure: When Does the Right to Foreclose Prescribe?

Philippine Supreme Court clarifies when the prescriptive period for mortgage foreclosure begins, emphasizing the need to allege maturity dates and demand.

Enforcing Final Judgments: When Equity Allows Revival Beyond the Prescriptive Period

The Supreme Court clarifies when courts may allow revival of a final judgment beyond the 10-year prescriptive period, applying equity over strict rules.

Prescriptive Periods in Cargo Claims: COGSA vs. Bill of Lading Stipulations

When a bill of lading sets a shorter prescriptive period than COGSA, which governs cargo damage claims? The Supreme Court clarifies.