Documenti di Didattica
Documenti di Professioni
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- versus -
April 4, 2011
We rule that PL Management International Phils., Inc. may still use the creditable withholding
tax of P1,200,000.00 as tax credit in succeeding taxable years until fully exhausted.
Demetrio R. Alcantara Vs. Republic of the Philippines, et al.; G.R. No. 192536; March 15, 2017
In any case, no such suit or proceeding shall be begun after the expiration of two years from the
date of payment of the tax or penalty regardless of any supervening cause that may arise after
payment: Provided, however, That the Commissioner may, even without a written claim
therefor, refund or credit any tax, where on the face of the return upon which payment was
made, such payment appears clearly to have been erroneously paid.
The Government is required under the Torrens system of registration to issue an official
certificate of title to attest to the fact that the person named in the certificate is the owner of
the property therein described, subject to such liens and encumbrances as thereon noted or
what the law warrants or reserves objective is to obviate possible conflicts of title by giving
the public the right to rely upon the face of the Torrens certificate and to dispense, as a rule,
with the necessity of inquiring further. The Torrens system gives the registered owner complete
peace of mind, in order that he will be secured in his ownership as long as he has not
voluntarily disposed of any right over the covered land. 12
CARPIOMORALES, Chairperson,
BRION,
-versus - BERSAMIN,
VILLARAMA, and
SERENO, JJ.
The CA might have been correct had the appeal been a first appeal from the RTC to the CA or
another proper superior court, in which instance Section 8 of Rule 51, which applies to appeals
from the RTC to the CA,imposesthe express limitation of the review to only those specified in
the assignment of errorsor closely related to or dependent on an assigned error and properly
argued in the appellants brief
- versus -
Indeed, the doctrine of piercing the corporate veil has no application here because the
Commissioner of Customs did not establish that Oilink had been set up to avoid the payment of
taxes or duties, or for purposes that would defeat public convenience, justify wrong, protect
fraud, defend crime, confuse legitimate legal or judicial issues, perpetrate deception or
otherwise circumvent the law.