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 5761–5784 篇,共 24,682 篇文章

排序:最新最早
Nov 28, 2016labor-lawillegal-dismissalbreach-of-trustbackwagesreinstatementtermination

Illegal Dismissal Claims: When Breach of Trust Justifies Termination Despite Weak Theft Evidence

Philippine Auto Components v. Jumadla clarifies when loss of trust and confidence can justify dismissal even if serious misconduct is not proven.

Nov 28, 2016legal ethicsattorney disciplineclient fundscode of professional responsibilityretainershipdocument return

Upholding Client Trust: Attorney's Duty to Account for Funds and Return Documents

A lawyer cannot withhold client funds or documents for unpaid fees; the Supreme Court suspends Atty. Jimenez for six months.

Nov 28, 2016property-lawpublic-landacquisitive-prescriptionjust-compensationpublic-land-actnational-housing-authority

Acquiring Public Land: Open Possession Since 1945 and the Right to Compensation

A Supreme Court ruling clarifies when long possession of public land can ripen into ownership and entitle a claimant to just compensation.

Nov 28, 2016criminal-lawright-to-counseldue-processestafaunauthorized-practice-of-law

Right to Counsel in Criminal Cases: Conviction Void When "Lawyer" Is Not a Bar Member

When a criminal defendant is represented by someone who is not a lawyer, the conviction violates due process and must be set aside.

Nov 28, 2016administrative lawjudicial interventionappealquestions of lawquestions of factrule 41

Cease and Desist Orders Secs Authority and the Limits of Judicial Intervention

The Supreme Court clarifies when an appeal from a trial court's dismissal order involves questions of fact, not just law.

Nov 28, 2016criminal-lawdue-processright-to-counselestafasupreme-court

When a "Lawyer" Is Not a Lawyer: Due Process and the Right to Counsel in Criminal Cases

The Supreme Court voids a conviction where the accused was represented by a fake lawyer, stressing the absolute right to counsel.

Nov 28, 2016labor-lawsolidary-liabilityindirect-employerseparation-paygovernment-owned-corporation

Parent Company Liability for Employee Benefits in Labor Disputes

When can a parent company be held solidarily liable for its subsidiary's unpaid employee benefits? The Supreme Court explains.

Nov 28, 2016right-to-counseldue-processcriminal-procedureestafaunauthorized-practice-of-law

When a Fake Lawyer Represented the Accused: Due Process and the Right to Counsel

The Supreme Court voids a conviction where the accused was represented by a non-lawyer, reaffirming the absolute right to counsel.

Nov 27, 2016civil procedurecounterclaimscompulsory counterclaimpermissive counterclaimforum shoppingdocket fees

Compulsory vs. Permissive Counterclaims: What Philippine Litigants Must Know

Learn the difference between compulsory and permissive counterclaims in Philippine courts, including docket fees, forum shopping, and the Alba v. Malapajo ruling.

Nov 23, 2016foreclosureredemption periodgeneral banking lawreal estate mortgageassignment of credit

Assignees of Bank Mortgagee Entitled to Shorter Redemption Period Under General Banking Law

Supreme Court rules assignees of a bank mortgagee benefit from the shorter three-month redemption period under the General Banking Law.

Nov 23, 2016estate lawcorporate lawpiercing the corporate veilprobate courttorrens title

Piercing the Corporate Veil Has Limits in Estate Proceedings: Mayor v. Tiu

The Supreme Court clarifies that probate courts cannot pierce the corporate veil to seize a corporation's assets as part of a decedent's estate.

Nov 23, 2016seafarersdisability benefitspoea-secmaritime lawthird-doctor referralcompany-designated physician

Seafarers Disability Claims: Strict Adherence to POEA Contract Procedures Required

SC ruling in Calimlim v. Wallem Maritime: seafarers must follow POEA-SEC procedures, including third-doctor referral, or company physician's assessment stands.

Nov 23, 2016labor-lawillegal-dismissalserious-misconductmanagement-prerogativecompany-rules

Company Time Is Not Playtime: Dismissal Upheld for Gambling on Duty

Supreme Court rules gambling during work hours is serious misconduct justifying dismissal, even without money stakes.

Nov 23, 2016labor-lawillegal-dismissalloss-of-trustterminationmanagement-prerogativecompany-rules

Social Media Speech and Employment: Defining the Boundaries of Loss of Trust in Termination Cases

Philippine Supreme Court clarifies when loss of trust justifies dismissal, distinguishing rank-and-file from managerial employees.

Nov 23, 2016qualified rapeincestsexual assaultcriminal lawrevised penal codesupreme court

When a Father's Duty Becomes a Crime: The Law on Incestuous Rape in the Philippines

The Supreme Court affirms the conviction of a father for raping his 12-year-old daughter, clarifying the rules on qualified rape, sexual assault, and damages.

Nov 23, 2016illegal recruitmentestafamigrant workerscriminal lawphilippines

Illegal Recruitment and Estafa: Liability for Promising Overseas Work

The Supreme Court affirmed convictions for illegal recruitment in large scale and estafa where accused spouses promised overseas jobs without a POEA license.

Nov 23, 2016criminal lawfalsification of public documentsreasonable doubtsandiganbayanpresumption of innocence

Falsification of Public Documents: When Reasonable Doubt Leads to Acquittal

A mayor was acquitted of falsifying marriage certificates when the prosecution failed to prove beyond reasonable doubt that he did not solemnize the weddings.

Nov 23, 2016labor-lawinsubordinationillegal-dismissalemployer-authorityemployee-dutiesmanagement-prerogative

Insubordination in the Workplace: Defining the Scope of Employee Duties and Employer Authority

The Supreme Court clarifies when an employee's refusal to follow orders is insubordination and when it is a justified defense against dismissal.

Nov 22, 2016constitutional-law

Foreign Ownership in Public Utilities: The High Court Defines "Capital"

The Supreme Court clarifies that Under the Constitution

Nov 22, 2016government employmentseparation benefitscommission on audittranscoepiracivil service

Government Employment and Separation Benefits: The TransCo Ruling on Contractual Employees

The Supreme Court clarifies when contractual government employees qualify for separation benefits and when good faith excuses refund of disallowed amounts.

Nov 21, 2016illegal recruitmentestafacriminal lawphilippine supreme courtprobable cause

Theft by Deceit, Overseas Job Scams, and Illegal Recruitment Law in the Philippines

A close look at how Philippine law treats illegal recruitment and large-scale estafa, and why the Supreme Court demands solid proof before property is seized.

Nov 21, 2016illegal dismissalburden of prooflabor lawsubstantial evidencesecurity of tenure

Dismissal Based on Weak Evidence: The Employer's Burden in Illegal Dismissal Cases

In Oasis Park Hotel v. Navaluna, the Supreme Court reminds employers that the burden of proving a valid dismissal rests on them — and weak evidence favors the worker.

Nov 21, 2016labor-lawcorporate-veilcertification-electioncollective-bargainingsupreme-court

Piercing the Corporate Veil to Protect Workers' Right to Collective Bargaining

The Supreme Court pierces the corporate veil when sister companies use separate personalities to defeat workers' right to collective bargaining.

Nov 21, 2016labor-lawemployees-compensationstrokehypertensionpd-626sss

Stroke Compensation Claims: When Work Stress Meets Employee Welfare

Supreme Court clarifies when stroke and hypertension are compensable under PD 626, emphasizing probability over certainty in employee claims.