This case has been cited 5 times or more.
2011-07-20 |
BRION, J. |
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As a ground for the dismissal of a civil action, litis pendentia refers to a situation where two actions are pending between the same parties for the same cause of action, so that one of them becomes unnecessary and vexatious. [19] | |||||
2011-03-16 |
LEONARDO-DE CASTRO, J. |
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Along with police power and eminent domain, taxation is one of the three basic and necessary attributes of sovereignty.[54] Taxes are the lifeblood of the government and their prompt and certain availability is an imperious need. It is through taxes that government agencies are able to operate and with which the State executes its functions for the welfare of its constituents.[55] It is for this reason that we cannot let the petitioner's oversight bar the government's rightful claim. | |||||
2011-03-09 |
PEREZ, J. |
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Jurisdiction is defined as the authority to hear and determine a cause or the right to act in a case.[37] In addition to being conferred by the Constitution and the law,[38] the rule is settled that a court's jurisdiction over the subject matter is determined by the relevant allegations in the complaint,[39] the law in effect when the action is filed,[40] and the character of the relief sought irrespective of whether the plaintiff is entitled to all or some of the claims asserted.[41] Consistent with Section 1, Rule 141 of the Revised Rules of Court which provides that the prescribed fees shall be paid in full "upon the filing of the pleading or other application which initiates an action or proceeding", the well-entrenched rule is to the effect that a court acquires jurisdiction over a case only upon the payment of the prescribed filing and docket fees.[42] | |||||
2009-10-26 |
BRION, J. |
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Litis pendentia is a Latin term, which literally means "a pending suit" and is variously referred to in some decisions as lis pendens and auter action pendant.[6] As a ground for the dismissal of a civil action, it refers to the situation where two actions are pending between the same parties for the same cause of action, so that one of them becomes unnecessary and vexatious.[7] It is based on the policy against multiplicity of suits.[8] | |||||
2007-07-17 |
NACHURA, J. |
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The power to tax is an incident of sovereignty and is unlimited in its range, acknowledging in its very nature no limits, so that security against its abuse is to be found only in the responsibility of the legislature which imposes the tax on the constituency that is to pay it.[30] It is based on the principle that taxes are the lifeblood of the government, and their prompt and certain availability is an imperious need.[31] Thus, the theory behind the exercise of the power to tax emanates from necessity; without taxes, government cannot fulfill its mandate of promoting the general welfare and well-being of the people.[32] |