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 5377–5400 篇,共 24,680 篇文章

排序:最新最早
Jun 6, 2017dishonestypersonal data sheetprobationgovernment employmentjudicial ethicsadministrative case

The Duty to Disclose Probation and Honesty in Government Employment

A Supreme Court ruling on a court employee's failure to disclose a past conviction in his Personal Data Sheet, and the judge who recommended him.

Jun 6, 2017grave misconductadministrative lawresignationcourt personnelpublic accountability

Resignation Not a Shield: Grave Misconduct and Accountability in Public Service

Supreme Court rules resignation does not erase administrative liability for grave misconduct, imposing perpetual disqualification and forfeiture of benefits.

Jun 6, 2017ombudsmangraftcriminal-lawdiscretionindependencesupreme-court

Ombudsman's Discretion Upholding Independence in Graft Case Investigations

SC rules on Ombudsman's discretion in graft investigations, affirming independence and expertise in dismissing cases without grave abuse.

Jun 5, 2017tax lawtax assumptiontax exemptioninternational agreementsbranch profit remittance taxmitsubishi

Tax Assumption vs. Tax Exemption: Who Pays When International Agreements Are Involved

The Supreme Court clarifies the difference between tax assumption and tax exemption in Mitsubishi Corporation v. CIR, and who bears the tax burden.

Jun 5, 2017ombudsmanprobable causeanti-graftsection 3elocal ordinancemayor's permit

Mayor's Permit vs. Local Ordinance: Court Upholds Ombudsman's Power in Anti-Graft Cases

Supreme Court affirms Ombudsman's finding of probable cause against a mayor who issued a firecracker permit despite a local ordinance banning it.

Jun 5, 2017criminal lawrapeforce and intimidationrevised penal codesupreme courtdamages

Rape Conviction Affirmed: Force and Intimidation Defined in Philippine Law

The Supreme Court clarifies force and intimidation in rape cases, affirming a conviction and increasing damages awarded to the victim.

Jun 5, 2017government contractspublic biddinglowest bidderdpwhadministrative lawdue process

Government Contracts and Due Process: The Limits of Lowest Bidder Rights

A lowest bidder has no automatic right to a government contract. Learn the limits of bidder rights in public procurement.

Jun 5, 2017labor-lawretirement-benefitslabor-codejurisprudenceemployee-compensation

Retirement Benefits: Company Plans Prevail Over Labor Code Minimums

Supreme Court rules company retirement plans prevail over Labor Code when they provide superior benefits, citing PAL pilot case.

Jun 5, 2017ombudsmanprobable causeanti-graftsection 3era 3019public officers

When Can Courts Interfere With Ombudsman Probable Cause Findings

The Supreme Court explains the limits of judicial review over Ombudsman probable cause findings in anti-graft cases against public officers.

Jun 5, 2017criminal-lawrapemoral-ascendancyforce-and-intimidationsupreme-courtrevised-penal-code

Rape Conviction Affirmed: Force, Intimidation, and Moral Ascendancy in Sexual Abuse Cases

Philippine Supreme Court affirms rape conviction, explaining how force, intimidation, and moral ascendancy establish guilt in sexual abuse cases.

Jun 5, 2017redemption periodextrajudicial foreclosureact no. 3135annulment of foreclosureproperty law

Filing an Annulment Case Does Not Stop the Redemption Period in Foreclosure Sales

Philippine Supreme Court clarifies that filing an annulment case does not toll the one-year redemption period in extrajudicial foreclosure sales.

Jun 5, 2017alien land ownershipconstitutional lawproperty lawland reversionphilippine supreme court

Constitutional Limits on Alien Land Ownership: Reversion of Property Acquired in Violation of the Constitution

Philippine Supreme Court ruling on reversion of land acquired by aliens in violation of the constitutional ban on foreign land ownership.

Jun 5, 2017civil-procedureconstruction-lawwaiver-of-defensesrules-of-courtmotion-to-dismisssupreme-court

Waiver of Defenses: How Untimely Pleadings Shape Construction Disputes

A contractor's unpaid claim was revived by the Supreme Court, which ruled that defenses not raised in the answer are deemed waived under Rule 9.

Jun 5, 2017reconveyanceland ownershiparticle 434civil codeproperty lawsupreme court

Reconveyance Cases: Proving Land Identity and Title Under Article 434

Philippine Supreme Court clarifies that in reconveyance actions, plaintiffs must prove both the identity of the land and their title, relying on the strength of their own evidence.

Jun 5, 2017criminal procedurerevised penal codedeath of accusedcivil liabilitystatutory rape

Death of Accused Before Final Conviction Extinguishes Criminal Liability

Philippine Supreme Court explains how an accused's death before final judgment extinguishes criminal and civil liability ex delicto under Article 89 of the RPC.

Jun 5, 2017administrative-lawsalndishonestyombudsmanpublic-officeasset-declaration

SALN Dishonesty and Concealed Assets: De Castro v. Field Investigation Office

Supreme Court ruling on SALN dishonesty, concealed assets in children's names, and why omission amounts to grave administrative offense.

Jun 5, 2017statutory rapeacts of lasciviousnesscriminal lawchildrenrevised penal code

Statutory Rape and Acts of Lasciviousness: Protecting Children Under Philippine Law

Explaining statutory rape vs. acts of lasciviousness, and why an accused's death extinguishes criminal liability under Article 89 of the RPC.

Jun 5, 2017civil-law

Protecting Good Faith Purchasers When A Faulty Land Title Prevails Over Prior Ownership

Jun 5, 2017sheriffswrit of executionministerial dutyadministrative casecivil procedurecourt orders

Sheriffs Must Enforce Court Orders: Ministerial Duty and Accountability in the Philippines

When a sheriff refuses to enforce a writ, the judgment becomes a hollow victory. This case clarifies the sheriff's ministerial duty and the consequences of failing to perform it.

Jun 5, 2017illegal recruitmentestafajurisdictionmigrant workersra 8042venue

Jurisdiction in Illegal Recruitment and Estafa Cases: Protecting Migrant Workers

The Supreme Court clarifies venue rules for illegal recruitment and estafa cases, protecting migrant workers' access to justice.

Jun 5, 2017criminal-lawrapemoral-ascendancyforce-and-intimidationrevised-penal-codesupreme-court

Rape Conviction Affirmed: Force, Intimidation, and Moral Ascendancy in Sexual Assault Cases

The Supreme Court affirms a stepfather's rape conviction, explaining how force, intimidation, and moral ascendancy satisfy the elements of rape under Philippine law.

Jun 5, 2017salndishonestygrave misconductunexplained wealthombudsmancivil service

Unexplained Wealth and SALN Dishonesty: When Assets in Children's Names Count

Explains when hidden assets in children's names count as SALN dishonesty and why grave misconduct requires a direct link to official duties.

Jun 5, 2017criminal lawstatutory rapeextinguishment of criminal liabilitydeath of accusedcivil liability

Extinguishment of Criminal Liability: Death Before Final Judgment in Statutory Rape Cases

Explaining how an accused's death before final judgment extinguishes criminal liability, including in statutory rape cases, and its effect on civil liability.

Jun 5, 2017government procurementpublic biddingpost-qualificationdpwhadministrative lawgovernment contracts

Bidding and Government Contracts: No Automatic Right to Award Without Post-Qualification

The Supreme Court clarifies that being the lowest bidder in a government project does not automatically entitle a contractor to the award—post-qualification is mandatory.