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 6913–6936 篇,共 24,699 篇文章

排序:最新最早
Jul 29, 2015criminal-lawkidnappingwitness-identificationuncontrollable-fearrevised-penal-codesupreme-court

When Doubts Linger: Examining Witness Identification and the Unfolding of Justice in Kidnapping Cases

The Supreme Court affirms kidnapping convictions, clarifying the defense of uncontrollable fear and the weight of positive witness identification.

Jul 29, 2015bailtreacherymurderprovisional libertycriminal lawrevised penal code

Bail and Treachery: Reassessing Provisional Liberty in Murder Cases

The Supreme Court clarifies when bail may be granted in murder cases and how treachery must be proven by strong evidence.

Jul 29, 2015family codepresumptive deatharticle 41well-founded belieffamily lawsupreme court

Declaring a Spouse Presumptively Dead: The High Bar of a "Well-Founded Belief"

The Supreme Court clarifies the stringent standard for declaring a spouse presumptively dead under Article 41 of the Family Code.

Jul 29, 2015criminal-law

Accountability Prevails Public Officials Liable FOR Malversation Despite Technicalities

Jul 28, 2015labor-lawpublic-health-workersmagna-cartahazard-paylongevity-paysupreme-court

Public Health Workers' Benefits: Balancing Magna Carta Rights and Budget Rules

Supreme Court rules on DBM-DOH and DBM-CSC circulars affecting hazard pay, subsistence allowance, and longevity pay for public health workers.

Jul 27, 2015illegal dismissallabor lawdue processloss of trust and confidencenlrcjust cause

When a Solemn Promise Isn't Proof: Illegal Dismissal and Due Process in Labor Cases

SC ruling explains why an employee's written promise to return money is not enough to justify dismissal for loss of trust and confidence.

Jul 27, 2015labor-lawillegal-dismissalloss-of-trustdue-processterminationlabor-code

Loss of Trust and Due Process: Philippine Standards for Employee Dismissal

Philippine Supreme Court clarifies the standards for loss of trust and due process in employee dismissal cases under the Labor Code.

Jul 27, 2015grave threatsdouble jeopardypreliminary investigationcriminal procedureombudsman

Grave Threats and Double Jeopardy: The Limits of Preliminary Investigations

A police officer convicted of grave threats argues double jeopardy after the Ombudsman dismissed his case. The Supreme Court explains why.

Jul 22, 2015civil-procedurejudicial-reconstitutiontorrens-titlerepublic-act-26land-registrationsupreme-court

Perfecting Appeals and the Strict Rules on Judicial Reconstitution of Torrens Titles

The Supreme Court reminds courts that petitions for judicial reconstitution of lost Torrens titles demand strict compliance with RA 26.

Jul 22, 2015forum shoppingcivil procedurelitis pendentiacertiorarijudicial ethicsrule 65

Double Jeopardy: The Perils of Forum Shopping in Philippine Courts

Filing multiple cases seeking the same relief in different courts is forum shopping. The Supreme Court explains the consequences in Villamor v. Manalastas.

Jul 22, 2015legal ethicslawyer disciplineclient fundscode of professional responsibilityadministrative case

Lawyer Suspended for Misappropriating Client Funds in Labor-Adjacent Case

A lawyer's failure to file documents and return client money leads to one-year suspension, highlighting ethical duties under the CPR.

Jul 22, 2015civil procedurepre-trialfailure to prosecuterule 17rule 18supreme court

Plaintiff’s Duty to Prosecute: Pre-Trial Setting Not Solely the Court’s Burden

The Supreme Court clarifies that the guidelines on pre-trial do not remove a plaintiff’s duty to move for pre-trial; failure without justifiable cause warrants dismissal.

Jul 22, 2015administrative-law

TAX Amnesty Availment Rights Despite Pending Court Rulings IN Favor OF THE BIR

Jul 22, 2015real party in interestcivil procedureagencyrules of courtcivil codejurisprudence

Real Party in Interest: When Can an Agent Sue on Behalf of a Principal?

Philippine Supreme Court clarifies when an agent may sue in its own name and the limits of an agent's authority to file suit.

Jul 22, 2015legal ethicscode of professional responsibilitylawyer disciplineclient fundsreligious freedom

Religious Freedom vs Legal Obligations: When Personal Beliefs Meet Professional Conduct

Philippine Supreme Court clarifies that lawyers cannot use personal beliefs to evade professional duties and client obligations.

Jul 22, 2015chain of custodydangerous drugsra 9165buy-bust operationcriminal procedureevidence

Acquittal in Drug Cases: The High Cost of Broken Chain of Custody

Understand why the Supreme Court acquitted a drug suspect when police failed to prove the chain of custody of seized shabu.

Jul 22, 2015civil-lawvenueforeclosuredeficiency-claimrules-of-court

Venue in Deficiency Claims: A Personal Action After Foreclosure

The Supreme Court clarifies that an action to recover a mortgage deficiency after extrajudicial foreclosure is a personal action, not a real action.

Jul 22, 2015litis pendentiaforeclosureres judicatamortgagecollection suitcivil procedure

Litis Pendentia: When Foreclosure Bars a Later Collection Suit

A mortgage creditor cannot file foreclosure and collection suits for the same debt. The Supreme Court explains litis pendentia and its limits.

Jul 22, 2015civil lawcontractssaleperfection of contractbanking

Perfected Contract of Sale When a Preliminary Agreement Becomes Binding

When does a preliminary agreement become a perfected contract of sale? The Supreme Court explains in this Philippine banking liquidation case.

Jul 22, 2015civil-lawtorrens-titlejudicial-reconstitutionrepublic-act-26land-registrationsupreme-court

Stringent Compliance is Key: Reconstitution of Torrens Title Requires Strict Adherence to Law

The Supreme Court reiterates that judicial reconstitution of lost Torrens titles demands strict compliance with RA 26, or the petition fails.

Jul 22, 2015contemptgrave abuse of authorityjudicial ethicsadministrative lawmclejudges

Judicial Overreach: When Contempt Powers Become Grave Abuse of Authority

A Supreme Court ruling on when a judge's contempt order crosses the line into grave abuse of authority, and the limits of judicial discretion.

Jul 20, 2015securities regulationsecdue processregistration revocationsecurities regulation code

SEC Revocation of Securities Registration: When Due Process Is Satisfied

Supreme Court clarifies when SEC revocation of securities registration complies with due process, and what issuers must do.

Jul 20, 2015criminal-law

Finality OF Judgments Understanding THE Prohibition Against Second Motions FOR Reconsideration

Jul 20, 2015securities regulationdue processsecadministrative lawsecurities registrationreportorial requirements

SEC Regulatory Powers: Revocation of Securities Registration and Due Process

Supreme Court clarifies SEC's regulatory power to revoke securities registration and what due process requires in administrative proceedings.