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 5881–5904 篇,共 24,684 篇文章

排序:最新最早
Oct 10, 2016tax waiversjoint venture agreementsubdivision buyershlurbsupreme courtproperty law

Tax Waivers and Faulty Agreements: When Buyers and Sellers Are Bound by Law

A Supreme Court ruling clarifies when a developer's unauthorized sale still binds a property owner, and why final judgments are immutable.

Oct 9, 2016administrative lawenergy regulationmeralcoercperformance-based regulationrate-setting

MERALCO Rate Case: Supreme Court Upholds ERC’s Shift to Performance-Based Regulation

Supreme Court affirms ERC’s shift to PBR for setting MERALCO rates, barring collateral attacks on administrative regulations.

Oct 5, 2016speedy dispositionconstitutional rightsombudsmansandiganbayancriminal proceduredue process

Speedy Disposition of Cases: Inordinate Delay Violates Constitutional Rights

When the Ombudsman takes too long to investigate, the accused's constitutional right to speedy disposition of cases is violated.

Oct 5, 2016labor-lawillegal-dismissalpiercing-corporate-veillabor-only-contractingcorporate-fictionsupreme-court

Piercing the Corporate Veil When Labor Rights Trump Corporate Fiction in Illegal Dismissal Cases

When a contractor is a labor-only scheme, the principal becomes the true employer. The Supreme Court pierces the corporate veil to protect workers' rights.

Oct 5, 2016specific performancerescissioncontractual remediescivil codereal estatesupreme court

Specific Performance vs Rescission: Contractual Remedies Under Philippine Law

The Supreme Court clarifies when specific performance or rescission applies in reciprocal obligations, using a Tagaytay property dispute as guide.

Oct 5, 2016labor-lawillegal-dismissalburden-of-proofterminationnlrc

Burden of Proof in Illegal Dismissal: Proving the Fact of Dismissal First

In illegal dismissal cases, the employee must first prove the fact of dismissal before the employer bears the burden of justifying it.

Oct 5, 2016labor-lawillegal dismissalpakyaw workerssecurity of tenurebackwagessupreme court

Protecting Workers: Illegal Dismissal and the Rights of Pakyaw Employees in the Philippines

Philippine Supreme Court clarifies that pakyaw workers are regular employees entitled to security of tenure, holiday pay, and service incentive leave pay.

Oct 5, 2016labor-lawcollective-bargainingunfair-labor-practicesupreme-courtworkers-rightsphilippines

Refusal to Bargain: Protecting Workers' Right to Collective Bargaining in the Philippines

The Supreme Court rules that an employer's refusal to bargain and waiver schemes constitute unfair labor practice under Philippine law.

Oct 5, 2016family codeconjugal propertymortgageforeclosuresupreme court

When a Spouse's Consent Is Missing: Void Mortgages and Conjugal Liability

A mortgage on conjugal property without the other spouse's consent is void, but the loan itself may still bind the family.

Oct 5, 2016labor-lawsecurity-of-tenurefixed-term-employmentillegal-dismissalregular-employmentprobationary-employment

Fixed-Term Employment vs Regular Employment: Security of Tenure Under the Labor Code

Explaining Oyster Plaza Hotel v. Melivo on when fixed-term and probationary workers become regular employees entitled to security of tenure.

Oct 5, 2016illegal dismissallabor lawemployer-employee relationshipbackwagessecurity of tenurefamily driver

When Family Driver Claims Mask Illegal Dismissal: Protecting Employee Rights in the Philippines

Supreme Court rules that labeling a company driver as a "family driver" cannot defeat illegal dismissal claims and full backwages.

Oct 5, 2016notarial practicelegal ethicslawyer disciplineadministrative casesupreme court

Upholding Notarial Duties Negligence AND Misrepresentation IN Legal Practice

A lawyer's failure to secure notarial paraphernalia and unauthorized court appearances lead to suspension and notarial disqualification.

Oct 5, 2016criminal-law

Dismissal OF Falsification Complaints Probable Cause VS Complainants Presence

Oct 5, 2016lis pendensill-gotten wealthpcggsandiganbayanproperty lawcivil procedure

Lis Pendens and Ill-Gotten Wealth: Protecting Public Interest Through Property Notices

The Supreme Court reinstates a notice of lis pendens on Marcos property, clarifying how procedural rules serve, not defeat, the recovery of ill-gotten wealth.

Oct 5, 2016corporation lawstockholders' rightsright to inspectioninjunctioncorporate recordssection 74 corporation code

Stockholders' Right to Inspect Corporate Records vs. Corporate Injunction: Key Insights from PASAR v. Lim

Explore the Supreme Court's ruling in PASAR v. Lim on why corporations cannot use injunction to block stockholders' inspection rights under Section 74.

Oct 5, 2016corporation lawstockholder rightsright to inspectioninjunctioncorporate recordsmandamus

Stockholder Inspection Rights Corporations Cannot Enjoin Access Preemptively

Philippine Supreme Court ruling: corporations cannot use injunction to preemptively block stockholders' statutory right to inspect corporate books and records.

Oct 5, 2016contract-lawseverabilitypublic-biddingcivil-codeconditional-obligationsright-to-top

When a Right to Top Fails: Severability and Conditional Obligations in Share Sales

A Supreme Court ruling clarifies how severability clauses and conditional obligations determine bidder rights when a preferential right is voided.

Oct 5, 2016civil procedurefinality of judgmentmotion to reinstatereconveyanceprescriptionsupreme court

When a Case Withdrawal Backfires: The Co It Case on Finality and Justice

The Supreme Court reinstated a withdrawn petition after a promised family reconciliation failed, showing when final judgments may yield to substantial justice.

Oct 5, 2016legal ethicsattorney's feescode of professional responsibilitylawyer suspensioncandor and fairness

Upholding Candor and Fairness: Attorney Suspended for Unconscionable Fees and Deceitful Conduct

A lawyer who deceived elderly clients into signing an unfair fee agreement was suspended for five years. Learn the ethical rules on attorney's fees.

Oct 5, 2016legal ethicsattorney's feescode of professional responsibilitylawyer-client relationshipadministrative case

Attorney’s Fees and Ethical Conduct: Candor and Fairness in Lawyer-Client Relationships

The Supreme Court suspended a lawyer for five years for deceitful fee agreements and unfair dealings with elderly clients, reaffirming ethical duties.

Oct 3, 2016labor-lawillegal dismissalreinstatementbackwageslabor codesupreme court

Reinstatement Rights Employers Duty to Reinstate Despite Appeal

Labor Arbiter reinstatement orders are immediately executory. Employers must reinstate or pay wages even while appealing.

Oct 3, 2016contemptfreedom of the pressconfidentialityattorney disciplinerule 139-bpublic interest

Balancing Free Press and Confidentiality When Attorney Discipline Becomes a Public Matter

The Supreme Court clarifies when media reports on confidential lawyer disciplinary cases are protected by press freedom.

Oct 3, 2016conspiracyrobbery with homicidecriminal lawrevised penal codesupreme court

Conspiracy in Robbery With Homicide: How Planning and Presence Establish Guilt

The Supreme Court affirms a conviction for robbery with homicide based on conspiracy, explaining how planning, presence, and post-crime acts prove guilt beyond reasonable doubt.

Oct 3, 2016labor-lawreinstatementillegal-dismissallabor-codephilippine-supreme-court

Reinstatement Orders Are Immediately Executory: What Employers Must Know

A dismissed employee must be reinstated even while appeal is pending; failure to do so means paying accrued wages.