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 5713–5736 篇,共 24,682 篇文章

排序:最新最早
Dec 7, 2016res ipsa loquiturbus accidentnegligencequasi-delictemployer liabilitycivil code

Res Ipsa Loquitur in Bus Accidents: When Negligence Is Implied Under Philippine Law

The Supreme Court applies res ipsa loquitur in a bus-motorcycle collision, explaining when negligence is presumed and employers are liable.

Dec 7, 2016criminal procedureappealcounsel negligencedue processrules of court

When Counsel's Negligence Costs the Appeal: Lessons from Dimaandal v. Ilagan

A client is bound by counsel's mistakes unless gross negligence deprives them of due process. The Supreme Court explains the rule.

Dec 7, 2016maritime-lawseafarersdeath-benefitspoea-secwork-related-illnesscompensation

Seafarers' Death Claims: Proving Work-Related Illness and Causation

SC clarifies what heirs must prove to claim death benefits for seafarers who die of illness after repatriation.

Dec 7, 2016international lawhuman rightsmandamusiccprtreaty obligationsconstitutional law

Treaty Obligations vs Domestic Law: Enforceability of UN Human Rights Committee Views in Philippine Courts

The Supreme Court rules that UN Human Rights Committee views are recommendatory, not enforceable through mandamus in Philippine courts.

Dec 7, 2016tax evasionprescriptionstatute of limitationsbirtax assessmentnirc

Tax Evasion and Prescription: The Statute of Limitations in Philippine Tax Law

The Supreme Court clarifies when the three-year prescriptive period for tax assessment applies, and why fraud must be proven to trigger the ten-year rule.

Dec 7, 2016eminent domainjust compensationexpropriationproperty lawnational power corporation

Just Compensation When Government Takes Property Before Filing Expropriation

When government takes property years before filing expropriation, just compensation is valued at the time of taking, not at filing.

Dec 7, 2016suretyliabilityphilippine lawobligationscivil code

Surety’s Liability: The Extent and Limits Under Philippine Law

Understand the scope of a surety’s obligations in the Philippines, including liability limits, defenses, and key legal principles.

Dec 7, 2016construction lawequipment leasequantum meruitunjust enrichmentciac arbitrationcontract law

Construction Contracts Default Rules and Unjust Enrichment in Equipment Leases

Philippine Supreme Court clarifies default rules on minimum contract amounts, quantum meruit, and unjust enrichment in construction equipment lease disputes.

Dec 7, 2016chain of custodydangerous drugsra 9165buy-bust operationevidencecriminal law

Chain of Custody in Drug Cases: Integrity Over Strict Procedure

The Supreme Court clarifies that minor lapses in drug evidence procedure do not automatically acquit an accused if the evidence's integrity remains intact.

Dec 6, 2016plunderprobable causehearsay evidencepdaf scamombudsmansandiganbayan

PDAF Scam: Hearsay Evidence and Probable Cause in Plunder Cases

The Supreme Court upholds the Ombudsman's probable cause findings in the PDAF scam cases, clarifying that hearsay evidence can establish probable cause.

Dec 6, 2016administrative lawclerk of courtdishonestygross neglect of dutygrave misconductjudiciary funds

Breach of Trust Dismissal for Court Clerk's Dishonesty and Neglect of Duty

The Supreme Court dismissed a Shari'a District Court clerk of court for dishonesty, gross neglect of duty, and grave misconduct over unremitted judiciary funds.

Dec 6, 2016local autonomyconstitutional lawwater districtpresidential decreelocal government codecebu

Local Autonomy vs Centralized Control: Who Appoints Metro Cebu Water District Directors

Supreme Court ruling on whether the Cebu City Mayor or the Provincial Governor appoints MCWD board members under P.D. 198.

Dec 6, 2016criminal-law

Breach OF Trust Dismissal FOR Mismanagement OF Court Funds

Dec 6, 2016local-autonomywater-districtsconstitutional-lawlocal-governmentpresidential-decree-198supreme-court

Local Autonomy vs Centralized Power: Who Decides on Water Governance

Supreme Court ruling on who appoints water district boards when cities fail the 75% threshold, balancing local autonomy against centralized control.

Dec 5, 2016execution salelevycivil procedurerule 39sheriffphilippine law

Invalid Execution Sales: The Imperative of Proper Levy on Properties in the Philippines

A lawful levy is a prerequisite to a valid execution sale. Learn the rules from a 2016 Supreme Court ruling.

Dec 5, 2016public biddinggovernment discretionadministrative lawmactan cebu airportprocurement law

Upholding Government Discretion in Public Bidding: The Mactan Cebu Airport Case

The Supreme Court affirms that courts cannot override the government's discretion in public bidding, absent grave abuse of discretion.

Dec 5, 2016kidnappingransomhomicidecriminal lawrevised penal codesupreme court

Accountability Under the Law: Determining Guilt in Kidnapping for Ransom With Homicide

How Philippine courts convict accused persons of kidnapping for ransom with homicide, explained through a 2016 Supreme Court ruling.

Dec 5, 2016illegal dismissallabor lawabandonmentcorporate liabilitysecurity of tenurejurisprudence

Illegal Dismissal and Corporate Liability: The People's Security, Inc. Case

Supreme Court clarifies illegal dismissal rules, abandonment defense, and when corporate officers may be held personally liable.

Dec 5, 2016appellate procedureevidencecriminal procedurephilippine lawsupreme courtrules of court

The Limits of Appellate Courts Introducing New Evidence on Appeal in Philippine Law

Philippine appellate courts generally cannot receive new evidence on appeal; review is limited to the trial record. This article explains the rule.

Dec 5, 2016conspiracykidnappinghomicidecriminal lawrevised penal codesupreme court

Accountability Under Conspiracy When Kidnapping Results in Death: All Involved Face the Homicide Charge

When kidnappers act together and the victim dies, conspiracy makes every participant equally liable for the special complex crime.

Dec 5, 2016chain of custodydangerous drugsra 9165section 21buy-bust operationcriminal law

Chain of Custody in Drug Cases: When Substantial Compliance Is Enough for Conviction

The Supreme Court explains when substantial compliance with Section 21, RA 9165 chain of custody rules still supports a drug conviction.

Dec 5, 2016contract disputesexecution salesummary judgmentcivil procedureconstruction arbitrationproperty rights

Summary Judgment vs Trial: Protecting Rights in Contract Disputes

How the Supreme Court protects judgment debtors from irregular execution sales in contract disputes, and what it means for your rights.

Dec 5, 2016property-lawbaguio-townsitepresidential-decree-1271land-titlestorrens-systemvalidation

Baguio Land Titles Validation Denied for Expanded Areas Despite Prior Resurvey Approval

Supreme Court rules resurvey approval doesn't validate expanded Baguio land titles under PD 1271, requiring strict compliance.

Dec 5, 2016robbery with homicidecriminal lawidentificationalibiaggravating circumstances

Masked Intent Identifying Perpetrators In Robbery With Homicide Cases

How Philippine courts convict masked robbers through familiarity with build, voice, and mannerism, not just facial identification.