来自法律图书馆

法律洞察

以通俗语言编写的菲律宾法律指南与案例摘要——研究自本所拥有超过184,000部法规、最高法院判决及机构发布的法律图书馆,并以非法律专业人士能够理解并据此行动的方式撰写。

您有自己的问题?立即咨询ASG Legal AI。

从184,000多部法规与判决中获得附有引用的通俗语言解答——免费,无需注册。

提问

显示第 4321–4344 篇,共 24,665 篇文章

排序:最新最早
Jul 23, 2018administrative lawombudsmanproceduresubstantial justicegovernment employeescourt of appeals

Ombudsman Appeals and Procedural Rules: When Technicalities Yield to Substantial Justice

The Supreme Court reminds appellate courts that procedural lapses should not defeat the merits of an administrative appeal, especially when a government employee's dismissal is at stake.

Jul 23, 2018criminal-lawchain-of-custodyillegal-drugsra-9165section-21buy-bust

Broken Chain of Custody Leads to Acquittal in Illegal Drug Sale Case

A broken chain of custody and lapses under Section 21 of RA 9165 led the Supreme Court to acquit an accused in an illegal drug sale case.

Jul 23, 2018criminal lawmurdereyewitness testimonyalibi defensecredibilityphilippine supreme court

Eyewitness Testimony and Alibi Defense: Credibility in Murder Cases

How Philippine courts weigh eyewitness identification against alibi and denial in murder prosecutions, explained through a 2018 Supreme Court ruling.

Jul 23, 2018administrative lawgrave misconductsimple neglect of dutyombudsmancivil service

Breach of Procurement Rules: Gross Neglect of Duty, Not Grave Misconduct, in Government Contracts

The Court clarifies when a public officer's carelessness over lost documents amounts to simple neglect, not grave misconduct.

Jul 23, 2018investment housemoney marketsecurities regulationinvestor protectioncollection suitcivil liability

Investment House Liable to Investor for Money Market Placement Default

Supreme Court holds investment house liable to investor for defaulted money market placement, clarifying lender-borrower relationship and damages.

Jul 23, 2018value-added taxzero-rated vatinternational air transportinvoicing requirementstax compliancecir

Zero-Rated VAT on International Air Transport Services: Invoicing Rules Clarified

Philippine Supreme Court clarifies zero-rated VAT for international air transport services and invoicing requirements in CIR v. Euro-Philippines Airline Services.

Jul 23, 2018criminal lawdangerous drugschain of custodyra 9165drug casesevidence

Chain of Custody in Drug Cases: Why Lapses Lead to Acquittal

The Supreme Court acquits a drug suspect when police fail to explain lapses in Section 21 chain of custody rules, preserving evidence integrity.

Jul 23, 2018maritime-law

Concealment OR Condition Seafarers Rights TO Disability Benefits Under Poea SEC

Jul 23, 2018maritime-law

Abandonment OF Treatment AND Forfeiture OF Disability Benefits FOR Seafarers AN Analysis

Jul 23, 2018criminal lawchain of custodyreasonable doubtdangerous drugsbuy-bust operationpresumption of innocence

Reasonable Doubt in Drug and Firearm Cases: When Broken Chain of Custody Means Acquittal

The Supreme Court acquits a drug suspect when police break the chain of custody, safeguarding the constitutional right to be presumed innocent.

Jul 23, 2018divorcefamily codearticle 26foreign judgmentrecognitionfamily law

Divorce Abroad and Filipino Spouses: Article 26 of the Family Code Explained

The Supreme Court clarifies when a divorce obtained abroad by a Filipino spouse against a foreigner is recognized under Article 26 of the Family Code.

Jul 23, 2018criminal-law

Chain OF Custody Safeguarding Drug Evidence Integrity IN Philippine LAW 16

Jul 23, 2018land registrationproperty lawpd 1529original registrationpossessioncivil law

Establishing Land Ownership: The Imperative of Continuous Possession Since June 12, 1945

Original registration of land requires open, continuous, exclusive, and notorious possession since June 12, 1945 or earlier. The Supreme Court clarifies the strict requirements.

Jul 23, 2018maritime lawseafarer rightsdisability benefitspoea contractlabor law

The 240-Day Rule: When a Seafarer's Disability Claim Is Premature

The Supreme Court clarifies the 120/240-day rule on seafarer disability claims, explaining when filing for total permanent disability is premature.

Jul 23, 2018investment housemoney marketfinancial intermediarysecurities regulationliabilityphilippine law

Investment House Liability When Financial Intermediaries Fail

When a Philippine investment house places client funds with a borrower that fails, who bears the loss? The Supreme Court clarifies liability in Abacus v. Tabujara.

Jul 23, 2018administrative lawgross ignorance of the lawtemporary restraining orderjudgesrules of courtoca v. alaras

Judicial Accountability: When a Judge’s TRO Error Is Not Gross Ignorance of the Law

Explaining when a judge’s erroneous TRO is excusable oversight versus gross ignorance of law, citing the Supreme Court’s ruling in OCA v. Alaras.

Jul 23, 2018condominium-actforeclosurereal-estate-lawassessmentscondominiumlien

Condominium Foreclosure: When Does a Corporation Have Authority to Foreclose?

Supreme Court clarifies when a condominium corporation may extra-judicially foreclose a unit for unpaid assessments under the Condominium Act.

Jul 23, 2018res judicataland rightsprior judgmentsexceptionsphilippine lawcivil law

Res Judicata and Land Rights Prior Judgments and Exceptions in Philippine Law

Understand prior judgments, res judicata, and exceptions in Philippine land rights cases. Learn how courts treat final decisions.

Jul 23, 2018criminal lawchain of custodydangerous drugsra 9165section 21drug evidence

Chain of Custody in Drug Cases: When Missing Witnesses Mean Acquittal

Philippine Supreme Court acquits drug suspect over missing inventory witnesses, explaining the chain of custody rule under Section 21 of RA 9165.

Jul 23, 2018maritime-lawseafarer-rightsdisability-benefitspoea-secthird-doctor-rulepermanent-disability

Seafarer's Right to Disability Benefits: The Indefinite Assessment and the Third Doctor Rule

A seafarer who abandons treatment cannot claim permanent disability benefits. The Supreme Court explains the 120/240-day rule and the third doctor rule.

Jul 23, 2018murdertreacheryself-defensecriminal lawrevised penal codesupreme court

When Sudden Attacks Don't Always Mean Treachery: Reassessing Criminal Liability in Homicide Cases

The Supreme Court clarifies when a sudden attack constitutes treachery in murder cases, and why self-defense claims fail without proof of unlawful aggression.

Jul 23, 2018real-estate-lawinput-vatconstruction-costsownership-sharesjoint-venturesupreme-court

Input VAT in Construction Costs and Ownership Shares in Realty Disputes

Philippine Supreme Court ruling on input VAT in construction costs and proportional ownership shares in a realty joint venture dispute.

Jul 23, 2018labor-lawcompulsory-retirementillegal-dismissalretirement-agesecurity-of-tenuremanagement-prerogative

Compulsory Retirement Requires Employee Consent: Manila Hotel v. De Leon

A hotel's compulsory retirement of a 57-year-old manager without her consent was illegal dismissal. Learn the rules on early retirement.

Jul 23, 2018criminal lawdangerous drugschain of custodyreasonable doubtra 9165section 21

Reasonable Doubt and the Chain of Custody Rule in Drug Possession Cases

The Supreme Court acquits a drug possession accused due to unjustified gaps in the chain of custody, reaffirming the presumption of innocence.