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显示第 6337–6360 篇,共 24,692 篇文章

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Apr 13, 2016qualified rapemoral ascendancyvictim testimonyrecantationcriminal lawrevised penal code

Moral Ascendancy and Qualified Rape: Why a Victim's Sole Testimony Can Convict

Father convicted of qualified rape on daughter's testimony alone, despite recantation. Learn the rules on moral ascendancy and credibility.

Apr 13, 2016maritime lawseafarer death benefitspoea-secwork-related illnesscompensation

Death Benefits for Seafarers: Proving Work Relatedness Under the POEA-SEC

Philippine Supreme Court ruling on seafarer death benefits, work-relatedness, and the POEA-SEC compensability requirements.

Apr 12, 2016rapejuvenile justicecriminal lawdiscernmentsupreme courtgang rape

Rape Conviction Upheld Minors ACT OF Discernment Overrides Youthful Mitigation

Supreme Court affirms gang rape convictions of minors, ruling discernment negates the mitigating effect of minority under juvenile justice law.

Apr 12, 2016legal ethicsbp 22bouncing checkmoral turpitudelawyer disciplinesupreme court

Ethical Standards Upheld: Lawyer Suspended for Issuing a Bouncing Check

A lawyer's two-year suspension for issuing a bouncing check under BP 22, and the ethical duties it reinforces for the legal profession.

Apr 12, 2016environmental-lawwrit-of-kalikasanminingsupreme-courtphilippine-mining-actrules-of-procedure-for-environmental-cases

Balancing Development and Ecology: The Limits of Environmental Protection Orders in Mining Disputes

The Supreme Court clarifies when a Writ of Kalikasan may issue in mining disputes, requiring proof of environmental damage of magnitude affecting two or more provinces.

Apr 12, 2016legal ethicsdisbarmentcode of professional responsibilityadministrative caselawyer misconduct

Lawyer Disbarred for Falsified Mission Order and Hijacking Role

Supreme Court disbars lawyer for falsifying PASG documents and masterminding a cargo hijacking, stressing lawyers' high moral standards.

Apr 12, 2016administrative lawjudicial auditgross inefficiencyjudgescase delayoca

Justice Delayed: Holding Judges Accountable for Delayed Case Resolutions in the Philippines

The Supreme Court fined a Cebu judge P75,000 for gross inefficiency after failing to decide 99 cases and resolve 91 incidents within the mandatory 90-day period.

Apr 12, 2016property-lawdemolitionurban-development-and-housing-actbases-conversiondue-processra-7279

Demolition and Due Process: Balancing Property Rights and Public Projects in the Philippines

The Supreme Court clarifies when demolitions may proceed without a court order under RA 7279, using the BCDA JUSMAG case.

Apr 11, 2016gsissurvivorship benefitssecondary beneficiariesrepublic act 8291ultra vireslaroco v gsis

GSIS Survivorship Benefits: Secondary Beneficiaries Win in Laroco v. GSIS

Supreme Court strikes down GSIS rule barring secondary beneficiaries from survivorship benefits when a member dies with less than 15 years of service.

Apr 11, 2016judicial accountabilityadministrative lawundue delayjudge disciplinecode of judicial conduct

Judicial Accountability When Delay Undermines Justice in the Philippines

The Supreme Court holds judges accountable for undue delay, clarifying the line between judicial discretion and administrative liability.

Apr 11, 2016legal-ethicsjudicial-conductadministrative-caseundue-delaycode-of-judicial-conduct

Judge Reprimanded for Undue Delay in Resolving Motions: A Lesson in Judicial Duty

The Supreme Court reminds judges that the 90-day period to resolve motions is mandatory, not optional, and that delay erodes public faith in the judiciary.

Apr 11, 2016administrative lawjudicial ethicsgross ignorance of lawjudicial delaycode of judicial conduct

Breach of Professional Ethics: Lawyers Cannot Exploit Legal Loopholes for Personal or Client Gain

Philippine Supreme Court ruling on when judges face administrative liability for delay, bias, and abuse of judicial discretion.

Apr 11, 2016criminal proceduresolicitor generalstanding to suelibeljurisdictionsupreme court

Standing to Sue: The Solicitor General's Exclusive Authority in Criminal Appeals

Who may appeal a dismissed criminal case? The Supreme Court clarifies the Solicitor General's exclusive authority and the limits on private prosecutors.

Apr 11, 2016criminal-lawlibelprobable-causevenuejurisdictionoffice-of-solicitor-general

Probable Cause and Bribery When Doubts Justify A Trial

Supreme Court ruling on who may appeal criminal case dismissals and venue rules for online libel.

Apr 6, 2016legal ethicsattorney disciplinecode of professional responsibilitywithdrawal of counselattorney's fees

Lawyer Suspended for Abandoning Client and Failing to Return Attorney's Fees

The Supreme Court suspended a lawyer for one year and ordered him to return P61,500 in fees after he withdrew from his client's cases without notice.

Apr 6, 2016criminal-laweyewitness-identificationreasonable-doubtmurderacquittal

Eyewitness Inconsistency and Reasonable Doubt: Scrutinizing Witness Testimony in Murder Cases

In People v. Vargas, the Supreme Court acquitted two murder accused after the lone eyewitness gave conflicting accounts of who killed the victim.

Apr 6, 2016due-processadministrative-lawpoearecruitmentlabor-lawfair-notice

Due Process in Administrative Actions: Fair Notice in Recruitment Cases

The Supreme Court rules that administrative due process requires furnishing the accused with the evidence against them, not just a hearing.

Apr 6, 2016legal ethicslawyer withdrawalcode of professional responsibilityattorney's feessupreme court

When Lawyers Can Withdraw From a Case: The Rule on Client Consent and Court Approval

A lawyer cannot simply abandon a client's case. The Supreme Court explains the rules on withdrawal and the penalties for violation.

Apr 6, 2016maritime lawseafarersdisability benefitspoea-secrepatriationcompany-designated physician

The Three-Day Rule: Forfeiture of Seafarers' Disability Benefits for Non-Compliance

A seafarer's failure to see a company-designated physician within three days of repatriation can forfeit disability claims, as Ricasata v. Cargo Safeway shows.

Apr 6, 2016civil-lawevidencepre-trialforgeryhandwritingnotarization

Pre-Trial Stipulations and Signature Authentication: Heirs of Salud v. Rural Bank of Salinas

A 2016 Supreme Court ruling clarifies when pre-trial stipulations bind parties and how courts weigh handwriting expert findings against direct testimony.

Apr 6, 2016legal ethicscode of professional responsibilityattorney suspensionwithdrawal of counseladministrative case

Lawyer Suspended for Neglecting Client’s Cases and Unjustified Withdrawal

A lawyer who withdrew from a case without client consent or court approval was suspended for one year and ordered to return fees.

Apr 6, 2016legal ethicscode of professional responsibilityclient fundsadministrative caseattorney suspension

Breach of Trust Attorney Suspended for Misusing Client Funds and Violating the Code of Professional Responsibi

A lawyer's failure to return client funds after a bail petition was denied led to a one-year suspension for violating the Code of Professional Responsibility.

Apr 6, 2016mutuality of contractsinterest ratesbanking lawcivil lawforeclosuresupreme court

Mutuality of Contracts: Banks Cannot Unilaterally Raise Interest Rates Without Borrower Consent

Philippine Supreme Court ruling on why banks cannot unilaterally increase loan interest rates without borrower consent, citing mutuality of contracts principle.

Apr 6, 2016maritime-lawseafarer-disabilitypoea-secthird-doctor-ruleburden-of-proofdisability-benefits

The Burden of Proof in Seafarer Disability Claims: Clarifying the Third Doctor Rule

A seafarer who disputes a company doctor's fit-to-work finding must follow the POEA-SEC third doctor rule and present solid medical evidence, the Supreme Court reminds.