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 6745–6768 篇,共 24,698 篇文章

排序:最新最早
Oct 14, 2015civil-proceduresummonsjurisdictioncorporationsrule-14philippine-law

Service of Summons on Corporations: Strict Compliance Required in the Philippines

Philippine Supreme Court clarifies that service of summons on corporations requires strict compliance with Rule 14, Section 11, listing only specific officers.

Oct 14, 2015common carrierspassenger safetyculpa contractualextraordinary diligencefortuitous eventcivil law

Common Carriers and Passenger Safety: Defining the Scope of Liability

The Supreme Court clarifies when a bus company is liable for a passenger's death caused by a co-passenger, distinguishing extraordinary diligence from ordinary care.

Oct 14, 2015civil-procedurejudicial-non-interferenceombudsmandeclaratory-reliefjurisdictionadministrative-law

When Can One Court Interfere With Another's Decisions? The Rule on Judicial Non-Interference

The Supreme Court explains why a Regional Trial Court cannot restrain the execution of an Ombudsman's decision in disciplinary cases.

Oct 14, 2015civil procedureservice of summonsjurisdictioncorporationsrules of court

Service of Summons on Corporations: Why Strict Compliance Matters in Philippine Law

Philippine Supreme Court clarifies that service of summons on corporations must strictly follow Rule 14, Section 11; substantial compliance no longer applies.

Oct 13, 2015labor lawreinstatementvoluntary arbitrationlabor codesecurity of tenuresupreme court

Reinstatement Orders of Voluntary Arbitrators Are Immediately Executory—Even Pending Appeal

The Supreme Court confirms that reinstatement orders by Voluntary Arbitrators are immediately executory, even pending appeal, protecting workers' security of tenure.

Oct 12, 2015negligencequasi-delictvicarious liabilitycivil codevehicular accidentinsurance subrogation

Negligence in Vehicular Accidents: Proving Fault and Vicarious Liability Under Philippine Law

A look at how courts determine negligence in vehicular accidents, and the vicarious liability of vehicle owners and employers.

Oct 7, 2015maritime lawseafarer rightsdisability benefitspoea-secpost-employment medical examinationlabor law

Seafarer's Right to Disability Benefits When Employer Delays Post-Employment Medical Exam

Philippine Supreme Court clarifies employer duties and seafarer rights in post-employment medical examinations under the POEA-SEC.

Oct 7, 2015labor-and-employment-law

Challenging Fixed Term Contracts Security OF Tenure VS Freedom TO Contract

Oct 7, 2015labor lawindependent contractorlabor-only contractingemployer liabilityillegal dismissalphilippine supreme court

Independent Contractor vs Labor-Only Contracting: When the Principal Is Not the Employer

Philippine Supreme Court clarifies when a contractor is truly independent, shielding the principal from employer liability.

Oct 5, 2015b.p. 22civil liabilitycriminal lawsupreme courtbounced checksestate

Upholding Civil Liability: Death Does Not Erase Debt in B.P. 22 Cases

Philippine Supreme Court clarifies that criminal liability for B.P. 22 does not extinguish civil liability, which survives the offender's death.

Oct 5, 2015contract of carriagemoral damagesbad faithfortuitous eventcivil lawcommon carrier

Breach of Contract of Carriage: When Bad Faith Is Needed for Moral Damages

Supreme Court explains when moral damages are recoverable in breach of contract of carriage cases, requiring bad faith or fraud by the carrier.

Oct 5, 2015contract-lawcommon-carrierflight-delayfortuitous-eventbad-faithdamages

Flight Delay Liability: Fortuitous Events and Bad Faith in Breach of Contract

Philippine Supreme Court clarifies when airlines are liable for flight delays—fortuitous events and bad faith explained.

Oct 5, 2015criminal-lawdispositive-portiondoj-resolutionprobable-causerules-of-courtcertiorari

Dispositive Portion Prevails When DOJ Resolution Body Conflicts With Fallo

When a DOJ resolution's body conflicts with its dispositive portion, the fallo controls. Learn the rule from Santiago v. Bello IV.

Oct 5, 2015contract-of-carriagemoral-damagesfortuitous-eventbad-faithairline-liabilitycivil-code

When Airlines Can Escape Liability: Bad Faith and Fortuitous Events in Carriage Contracts

The Supreme Court explains when a typhoon-caused flight delay absolves an airline from moral damages claims under Philippine law.

Oct 5, 2015bp22estate liabilitybouncing checksdebtor obligationsphilippine lawsupreme court

B P 22 and Estate Liability Ensuring Debtors Obligations Extend Beyond Death

Philippine Supreme Court ruling on B.P. 22 and estate liability, clarifying that a debtor's obligation survives death and may be enforced against the estate.

Oct 5, 2015forcible entryheir substitutionjudgment immutabilitycivil procedureproperty disputesrule 70

Forcible Entry, Heir Substitution, and Judgment Immutability in Property Disputes

When can heirs substitute a deceased party in a forcible entry case? The Supreme Court explains the limits of judgment immutability.

Oct 5, 2015breach of contractcommon carriermoral damagesfortuitous eventcivil lawcontract of carriage

When a Carrier's Delay Is a Fortuitous Event: Moral Damages in Breach of Carriage Contracts

The Supreme Court explains when moral damages are recoverable for breach of contract of carriage and why a typhoon-caused delay absolved Northwest Airlines.

Sep 30, 2015real property taxlocal governmentadministrative remedieshierarchy of courtsdue processtax ordinance

Injunctions Protecting Rights Upholding Due Process and Ensuring Fair Legal Proceedings

The Supreme Court dismisses a direct challenge to Iloilo City's real property tax ordinance, reaffirming the need to exhaust administrative remedies and observe the hierarchy of courts.

Sep 28, 2015civil proceduremotion for reconsiderationnlrccertiorarirule 65

Motion for Reconsideration: When Strict Compliance Is Not Required in Philippine Courts

Philippine Supreme Court clarifies when a motion for reconsideration before the NLRC may be excused before filing certiorari.

Sep 28, 2015right to toppublic biddingpsalmepiragovernment contractsright of first refusal

Right to Top in Government Asset Sales: The Osmeña v. PSALM Ruling

Supreme Court clarifies when "right to top" provisions in government lease contracts violate public policy on competitive bidding.

Sep 28, 2015murdertreacheryeyewitness-identificationalibicriminal-lawevidence

Treachery and Eyewitness Testimony: Conviction for Murder Beyond Reasonable Doubt

How the Supreme Court upheld a murder conviction based on eyewitness identification and treachery, rejecting alibi defenses.

Sep 27, 2015competitive biddinggovernment contractsright to toppsalmpublic interestprocurement law

Supreme Court Voids 'Right to Top' Clause in Government Asset Sale: Osmeña v. PSALM

The Supreme Court invalidated a 'right to top' provision in a government land lease, reaffirming that competitive public bidding protects public interest.

Sep 23, 2015maritime lawseafarer disabilitypermanent total disabilitypoea-seclabor codeofw rights

Beyond 120 Days: Seafarer’s Right to Permanent Total Disability Benefits

The Supreme Court clarifies when a seafarer is deemed permanently and totally disabled under the 120-day rule and POEA-SEC.

Sep 23, 2015lease agreementunjust enrichmentrentcivil codesupreme court

Unjust Enrichment in Lease Agreements When a Burnt Building Doesnt Excuse Rent

Philippine Supreme Court ruling on lessee liability for rent after a building on leased land burns down, explained in plain language.