CARRY-OVER OF EXCESS INCOME TAX PAYMENTS 5
No longer limited to the succeeding taxable year 5
FINAL ADJUSTMENT RETURN OF CORPORATE INCOME 6
If tax payments not equal to total tax due, taxpayer has two options 6
REFUNDABLE AMOUNT ON FINAL ADJUSTMENT RETURN 7
May be credited to estimated income tax liabilities for the next taxable quarters 7
BURDEN OF PROVING EXISTENCE OF A TRUST 10
Party asserting the existence of a trust has the onus probandi 10
COLLATERAL ATTACK ON TITLES TO PROPERTIES 11
A certificate of title is not subject to collateral attack 11
DIFFERENCE BETWEEN A CO-OWNERSHIP AND A PARTNERSHIP 12
Article 1769 of the Civil Code lays down the rules for determining difference 12
DIFFERENCE BETWEEN THE CA AND RTC FINDINGS 13
Necessitates a review of the facts differently appreciated 13
ESSENTIAL ELEMENTS IN A CONTRACT OF PARTNERSHIP 14
Agreement as to contribution and intent to divide the profits among themselves 14
FINDINGS OF FACT OF TRIAL COURTS 16
Final and conclusive if affirmed by CA; Exceptions 16
PETITIONS FOR REVIEW ON CERTIORARI 16
Limited to questions of law only 16
REGISTRATION IS NOT A MODE OF ACQUIRING OWNERSHIP 17
Certificate of title merely an evidence of ownership 17
TAX DECLARATIONS AND REALTY TAX RECEIPTS 18
Constitutes strong evidence of ownership 18
HIGH INTEREST RATE CANNOT JUST BE ANNULLED 20
Especially after years of benefiting from the loan proceeds 20
PRINCIPLE OF ESTOPPEL 21
Three essential elements of estoppel 21
THE 6% TO 7% INTEREST PER MONTH NOT EXCESSIVE 22
Wide latitude to stipulate interest rates under CB Circular No. 905, s. 1982 22
THREAT TO FILE CASE FOR VIOLATION OF BP 22 23
Not the kind of threat that will vitiate consent under Article 1335 of the Civil Code 23
ADMINISTRATIVE COMPLAINT MUST BE VERIFIED 28
Dismissible if unverified under Section 1, Rule 140 28
ADMISSION OF ANONYMOUS COMPLAINTS 29
If allegations are verfiable, they may be admitted as anonymous complaints 29
ANONYMOUS COMPLAINTS 29
Instances when they can be admitted even if unverified 29
BURDEN OF PROOF IN ADMINISTRATIVE COMPLAINTS 31
Rests with the complainant 31
CONFIDENTIAL EMPLOYEES NEED THE TRUST OF IMMEDIATE SUPERIOR 31
They work at the pleasure of the appointing authority 31
ISSUANCE OF A TEMPORARY RESTRAINING ORDER 32
Done in the discretion of the court upon certain conditions provided by law 32
