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Breach of director’s fiduciary duty

By: Atty. Cara Angela N. Flores on April 20,2023 THE board of directors exercises the powers, conducts all business and controls all properties of a corporation (Section 22, Revised Corporation Code). Being the vessel of corporate powers, the directors have fiduciary duty toward the corporation....

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On post-importation payments and charges

By Atty. Mark Anthony P. Tamayo on March 30,2023 UNDER the present transaction value (TV) system, the duty base in valuing imported goods for customs appraisement purposes is the total payment made (or to be made by) the buyer to (or for the benefit of) the seller. The system is essentially transaction-based...

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Doctrine of Hierarchy of Courts

 By Xela Leona Laqui on March 23,2023 THE Doctrine of Hierarchy of Courts (or the Principle of Judicial Hierarchy) provides that when here, courts have concurrent or shared jurisdiction over the subject matter of a case, a litigant is not free to file a complaint or petition in any court...

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Income realization principle

By  Gladys Jane Dela Cruz on March 9,2023 FOR income taxes to be due, there must be a realized income. Thus, it is critical to determine what is income and when it is realized for tax purposes. Income is the inflow of wealth. As early as 1922, the Supreme Court defined income as the gain...

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ATA Carnet system in the Philippines

By Aziza Hannah Bacay February 23, 2023 As a general rule, importations in the Philippines are subject to duties and taxes. There are instances, however, where the law permits relief from the payment of duties and taxes subject to certain conditions. One of the exceptions involves the “temporary...

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RE company tax issues

By Atty. Euney Marie Mata-Perez on February 16, 2023 POWER costs in the Philippines are very high, affecting foreign direct investments into the country. During an economic briefing for members of the Management Association of the Philippines last Feb. 8, 2023, Albay Rep. Jose Maria Clemente “Joey”...

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A call to simplify the reckoning of withholding

By Euney Marie Mata-Perez on February 9,2023 REPRESENTING the Management Association of the Philippines as the incoming chairman of its tax committee, I attended a meeting of the Senate Committee on Ways and Means technical working group on the proposed “Ease of Paying Taxes Act” last...

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