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 5185–5208 篇,共 24,678 篇文章

排序:最新最早
Aug 2, 2017illegal dismissalburden of proofvoluntary resignationconstructive dismissalsecurity guardlabor law

Burden of Proof in Illegal Dismissal: Employer's Duty vs. Security Guard's Claim

Who bears the burden of proof in illegal dismissal cases? The Supreme Court clarifies the rules on voluntary resignation vs. constructive dismissal.

Aug 2, 2017malicious prosecutionadministrative complaintsbad faithcivil codedamagesabuse of rights

Malicious Prosecution: Proving Malice and Bad Faith in Filing Administrative Complaints

Filing an administrative complaint is not automatically malicious prosecution. Learn what Philippine courts require to prove malice and bad faith.

Aug 2, 2017seafarer disability240-day rulemedical assessmentmaritime lawphilippine supreme court

Seafarer Disability Claims and the 240-Day Rule: What the Supreme Court Says

Learn how the 240-day rule and medical assessments shape seafarer disability claims under Philippine law.

Aug 2, 2017land registrationpublic landproperty lawtorrens systemdenrjudicial confirmation of title

Proving Land Ownership: Registration, Possession, and Government Approval

The Supreme Court clarifies what it takes to register public land: proof of possession since 1945 and DENR Secretary-approved classification.

Aug 2, 2017criminal-lawchain-of-custodydangerous-drugsra-9165buy-bustevidence

Chain of Custody Imperative: Safeguarding Drug Evidence in Philippine Law

The Supreme Court acquits a drug suspect, underscoring that strict compliance with Section 21, RA 9165 is vital to preserve evidence integrity.

Aug 2, 2017vicarious liabilityquasi-delictemployer negligencelabor lawcivil codesecurity guards

Vicarious Liability: When Employers Are Liable for Employee Torts

Philippine Supreme Court clarifies when employers are vicariously liable for employee torts under Article 2180, and how due diligence in selection and supervision can defeat liability.

Aug 2, 2017labor-lawserious-misconductillegal-dismissalterminationemployee-disciplinemanagement-prerogative

Dismissal for Misconduct: When Employee Disrespect Justifies Termination

Explaining when an employee's disrespectful conduct toward a superior constitutes serious misconduct justifying dismissal under Philippine labor law.

Aug 2, 2017breach of contractcommon carriermoral damagescivil lawcontract of carriagedamages

Breach of Contract of Carriage: When Moral Damages Require Fraud or Bad Faith

Philippine Supreme Court clarifies when injured bus passengers may recover moral damages for breach of contract of carriage—only upon proof of fraud or bad faith.

Aug 2, 2017homeowners associationelection disputefinal judgmentclarificatory resolutionhlurbcivil law

Homeowners Association Elections: Clarifying Final Judgments and Upholding Order

Supreme Court explains when a final judgment may be clarified in homeowners association election disputes, upholding the Office of the President's clarificatory resolution.

Aug 1, 2017eminent domainjust compensationexpropriationproperty lawtransmission lines

Eminent Domain and Just Compensation: Valuing Property at the Time of Taking

Explaining the Supreme Court ruling that just compensation for expropriated property is valued at the time of taking, not when the complaint is filed.

Aug 1, 2017legal ethicsadministrative casecourt employeesdishonestygrave misconductjudiciary funds

Court Employees' Misappropriation of Funds: Administrative Liability and Penalties

Explore the Supreme Court's ruling on court employees found guilty of dishonesty and grave misconduct for misappropriating judiciary funds.

Aug 1, 2017administrative lawjudicial accountabilitydishonestygross neglect of dutycourt fundsoca

Judicial Accountability: When Compassion Cannot Override Duty in Court Fund Shortages

Supreme Court dismisses clerk of court for fund shortages and falsification, balancing compassion with the judiciary's strict accountability standards.

Aug 1, 2017dishonestygrave misconductgross neglect of dutypublic serviceadministrative casejudiciary

Breach of Trust: Dismissal for Dishonesty and Misconduct in Public Service

Court employees who misappropriate judiciary funds face dismissal for dishonesty, grave misconduct, and gross neglect of duty.

Aug 1, 2017property-lawright-of-wayjust-compensationpublic-dominiontorrens-titlecommission-on-audit

Public Use Prevails Over Private Claims in Road Right-of-Way Dispute

Supreme Court rules that road rights-of-way are public dominion property, and private claimants cannot demand just compensation for land never validly acquired.

Aug 1, 2017writ of amparoenforced disappearancehuman rightsphilippine national policesupreme court

The Lingering Shadow of Disappearance: Navigating the Amparo Writ and the Limits of Investigation

The Supreme Court explains when an amparo case may be archived and the PNP relieved from investigation duties.

Aug 1, 2017notarial practicelegal ethicsadministrative casenotary publicsupreme court

Notarial Duties: False Acknowledgment and Record-Keeping Violations Cost a Lawyer His Commission

A notary who acknowledged a deed without the signer's presence and failed to record it faced suspension and perpetual disqualification.

Jul 31, 2017seafarer rightsillegal dismissaldue processmaritime lawpoea contract

Seafarer Rights Illegal Dismissal and the Importance of Due Process

A seafarer's dismissal requires just cause and due process. The Supreme Court explains both in this landmark ruling.

Jul 31, 2017civil-law

Priority OF Title Resolving Land Ownership Disputes Based ON Registration Date

Jul 31, 2017torrens systemland titlereconstitutionpriority of titleproperty lawsupreme court

Priority of Title in Conflicting Land Claims Under the Torrens System

When two Torrens titles cover the same land, the earlier registered title prevails. This case explains the rule and its limits.

Jul 31, 2017labor-lawseafarer-dismissaldue-processillegal-dismissalpoea-secnlrc

Dismissal Based on Uncorroborated Report Violates Due Process in Seafarer Cases

Supreme Court rules a seafarer's dismissal based on an uncorroborated captain's report violates due process and just cause requirements.

Jul 31, 2017labor-lawunion-security-clauseillegal-dismissalunfair-labor-practicecollective-bargaining-agreement

Union Expulsion vs Dismissal: When a Union Security Clause Cannot Justify Termination

Supreme Court rules union officers cannot be expelled and dismissed based on grounds for impeachment under the union constitution.

Jul 31, 2017criminal-lawillegal-possessionwarrantless-arrestbantay-bayanexclusionary-rulera-9165

Unlawful Search by Bantay Bayan Operatives Leads to Acquittal in Drug Case

Supreme Court rules Bantay Bayan operatives are state agents for Bill of Rights purposes; warrantless search without lawful arrest invalidates drug evidence.

Jul 31, 2017legal ethicscode of professional responsibilityattorney suspensionclient fundsadministrative case

Upholding Client Trust Attorney Suspended For Neglect And Mismanagement Of Funds

A lawyer’s failure to update a client and mishandling of client funds leads to suspension, affirming strict duties under the Code of Professional Responsibility.

Jul 26, 2017eminent domainjust compensationexpropriationproperty lawra 8974

Just Compensation in Expropriation: Timing and Evidence Under Philippine Law

Philippine Supreme Court clarifies when just compensation is reckoned and what evidence trial courts must consider in expropriation cases.