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 5905–5928 篇,共 24,684 篇文章

排序:最新最早
Oct 3, 2016land disputelawyer authoritybinding agreementssettlementphilippine lawcivil law

When a Lawyer’s Deal Defines Your Land Dispute: Binding Agreements Explained

Learn how the Supreme Court treats lawyer-negotiated settlements in land disputes, and what makes them binding on the parties.

Oct 3, 2016criminal-lawjuvenile-justicediscernmentra-9344minorsfrustrated-homicide

Discernment Requirement for Minors: Key Lessons from Dorado v. People

Supreme Court clarifies that discernment, not intent, determines criminal liability of minors aged 15-18 under RA 9344.

Sep 28, 2016rapecredibilitycircumstantial evidencecriminal lawtestimonysupreme court

Credibility in Rape Cases: Evaluating Testimony and Circumstantial Evidence

How Philippine courts weigh a rape victim's testimony and circumstantial evidence, based on People v. Rusco (G.R. No. 212157).

Sep 28, 2016tortsstudent safetynegligenceeducational institutionsliabilityoff-campus activities

School Liability for Student Safety in Off-Campus Activities: The St. Luke's Case

The Supreme Court holds schools liable for student safety in required off-campus activities, ruling on negligence and contractual obligations.

Sep 28, 2016maritime-lawseafarer-disabilitypoea-secwork-relatednessburden-of-prooflabor-law

Burden of Proof in Seafarer Disability Claims: Establishing Work-Relatedness

The Supreme Court clarifies that seafarers must prove work-relatedness of illness or injury by substantial evidence to receive disability benefits.

Sep 28, 2016labor-lawcorporate-mergersecurity-of-tenureseparation-paycorporation-codesupreme-court

Corporate Mergers and Employee Rights: Understanding Job Security in the Philippines

Philippine Supreme Court rules that corporate mergers do not terminate employees' jobs; absorbed workers continue employment with the surviving corporation.

Sep 28, 2016criminal-lawadministrative-lawgrave-misconductarrest-warrantgood-faithpolice-accountability

Good Faith in Arrests: When Police Mistaken Identity Is Not Grave Misconduct

The Supreme Court clarifies when a police officer's good-faith mistake in executing an arrest warrant shields them from administrative liability for grave misconduct.

Sep 27, 2016disbarmentadministrative lawlegal ethicsfalsificationsupreme courtphilippine law

Disbarment Case Dismissed: Falsification Must Be Proven in Proper Proceedings

Supreme Court clarifies that disbarment is not the proper venue to prove falsification or forgery charges against lawyers.

Sep 27, 2016legal ethicsdisbarmentcode of professional responsibilityadministrative lawlawyer misconduct

Lawyer Disbarred for Neglect, Dishonored Check, and Misconduct in Land Title Case

Supreme Court disbars a lawyer who took fees for a land title transfer, did nothing, and issued a bouncing check.

Sep 27, 2016legal-ethicsdisbarmentfalsificationnotarized-documentsbirth-certificatepublic-prosecutor

Disbarment Over Falsified Documents and Age Misrepresentation: Key Lessons

Supreme Court clarifies when falsification and age misrepresentation can ground disbarment, and who investigates public lawyers' qualifications.

Sep 27, 2016local autonomydevolutionexecutive powerlocal government codeadministrative lawdepartment of health

Local Autonomy vs Central Control: Presidential Power in Hospital Devolution

The Supreme Court upholds Executive Order No. 567 devolving Taguig-Pateros District Hospital to the City of Taguig, clarifying presidential power.

Sep 26, 2016disbarmentfinality of judgmentlegal ethicscontempt of courtlawyer disciplinecode of professional responsibility

Finality of Judgment in Disbarment Cases: Lessons from Bihag v. Era

A disbarred lawyer's attempt to revive his case fails; the Supreme Court enforces finality and cites indirect contempt.

Sep 26, 2016real property taxlocal government codeexhaustion of administrative remedieshierarchy of courtstax ordinanceiloilo city

Challenging Real Property Tax Ordinances: The Iloilo Case and the Rule on Exhaustion of Remedies

The Supreme Court dismissed a direct challenge to Iloilo City's real property tax ordinance, reaffirming that taxpayers must first exhaust administrative remedies before going to court.

Sep 26, 2016epiraenergy regulatory commissionmeralcoinjunctive reliefdeclaratory reliefsupreme court jurisdiction

ERC v. Meralco: Only the Supreme Court Can Enjoin EPIRA Implementation

The Supreme Court rules that only it can enjoin EPIRA implementation, clarifying limits on RTC injunctive power over energy regulations.

Sep 26, 2016epirainjunctiondeclaratory reliefenergy regulatory commissionmeralcojudicial authority

When Courts Can't Enjoin EPIRA: Limits of Judicial Authority on Injunctions

Supreme Court rules RTCs cannot enjoin EPIRA implementation—only the High Court may issue such injunctions, even in declaratory relief cases.

Sep 21, 2016administrative lawexhaustion of administrative remediesmarinaoffice of the presidentmaritime industryrule 43

Exhaustion of Administrative Remedies: Appealing MARINA Decisions to the Office of the President

When must MARINA decisions be appealed to the Office of the President before going to court? The Supreme Court clarifies the rule.

Sep 21, 2016administrative-lawgrave-misconductnegligencepublic-servicecivil-servicegsis

Negligence in Public Service: Duty, Accountability, and the Manalo Case

The Supreme Court clarifies when a public employee's failure to verify documents amounts to grave misconduct, not simple negligence.

Sep 21, 2016rapecriminal lawrevised penal codecarnal knowledgewitness credibilitysupreme court

Rape Conviction Affirmed: Contextual Testimony Enough to Prove Carnal Knowledge

The Supreme Court affirms a rape conviction, holding that a victim's contextual testimony can sufficiently establish carnal knowledge even without explicit anatomical detail.

Sep 21, 2016labor-law

Forum Shopping AND Dismissal Safeguarding Judicial Efficiency IN Employment Disputes

Sep 21, 2016labor-lawproject-employeessecurity-of-tenureregular-employmentillegal-dismissalphilippine-labor-code

Project vs Regular Employment: Understanding Security of Tenure in the Philippines

The Supreme Court explains when project employees become regular workers and how security of tenure applies in Philippine construction labor law.

Sep 21, 2016good faithbuilder in good faitharticle 448civil codeproperty lawconstruction

Good Faith in Construction: Builders' Rights and Landowners' Remedies Under Philippine Law

The Supreme Court clarifies when builders are in good faith and the rights of landowners over improvements built on their property.

Sep 21, 2016criminal lawrobbery with homicidecircumstantial evidencereasonable doubtpresumption of innocencesupreme court

Reasonable Doubt Prevails: Acquittal in Robbery With Homicide Despite Circumstantial Evidence

Supreme Court acquits accused in robbery with homicide case, ruling circumstantial evidence and mere possession of a phone cannot overcome reasonable doubt.

Sep 21, 2016labor-lawproject-employeesregular-employmentillegal-dismissallabor-codenlrc

Project Employees: When Length of Service Does Not Mean Regular Employment

Supreme Court clarifies that project employees may be validly terminated upon project completion, even after years of continuous service.

Sep 21, 2016labor-lawforum-shoppingadministrative-remediesmaritime-industrysupreme-courtlitigation-strategy

Dismissal and Forum Shopping: The Perils of Duplicative Litigation

Supreme Court clarifies exhaustion of administrative remedies and forum shopping in MARINA cases, with practical guidance for litigants.