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 7969–7992 篇,共 24,708 篇文章

排序:最新最早
Apr 21, 2014criminal-law

Challenging Drug Convictions THE Importance OF Chain OF Custody IN Proving Guilt Beyond Reasonable Doubt

Apr 21, 2014probable causecriminal procedurerule 112preliminary investigationjudicial discretion

When Can a Judge Dismiss a Prosecutor's Case for Lack of Probable Cause?

The Supreme Court clarifies the boundary between a prosecutor's and a judge's power to determine probable cause in criminal cases.

Apr 21, 2014mandamuslocal government unitscommission on auditmoney claimsexecution of judgmentadministrative law

Enforcing Money Judgments Against Local Government Units: Mandamus and the COA Route

The Supreme Court clarifies that mandamus cannot compel an LGU to pay a final judgment; claims must first go through the Commission on Audit.

Apr 21, 2014real estatelevytorrens systemcreditorscivil lawproperty disputes

Priority of Registered Levy Over Unnoted Claims Protecting Creditors in Real Estate Disputes

Learn how registered levies protect creditors in Philippine real estate disputes and why unnoted claims lose priority under the Torrens system.

Apr 21, 2014criminal-law

Protecting Children Parental Abuse AND THE Boundaries OF Family Rights IN THE Philippines

Apr 21, 2014maritime lawseafarer disabilitypermanent total disabilitypoea contractlabor law

Seafarers Disability: Prolonged Incapacity Trumps Fit-to-Work Certification

A company doctor's fit-to-work certification does not defeat a seafarer's permanent total disability claim when incapacity exceeds 120 days.

Apr 21, 2014labor-lawillegal-dismissalredundancyretrenchmentsecurity-of-tenurejurisprudence

Redundancy vs Retrenchment: Protecting Employees From Illegal Dismissal

The Supreme Court clarifies the distinction between redundancy and retrenchment, and the rules employers must follow to avoid illegal dismissal.

Apr 14, 2014salary standardization lawgovernment employeescost of living allowanceland bankcompensation law

When Do Government Employees Lose Their Right to Allowances After Integration

Explaining when COLA and other allowances are deemed integrated into basic salary under the Salary Standardization Law, citing Land Bank v. Naval.

Apr 8, 2014indigenous peoples rightsipramandamusjurisdictioncustomary lawunlawful detainer

When Customary Law Meets Final Judgments: IPRA Jurisdiction and the Limits of Mandamus

The Supreme Court clarifies when customary laws apply under IPRA and why mandamus cannot overturn a final ejectment judgment.

Apr 7, 2014labor-lawredundancyillegal-dismissalmanagement-prerogativeterminationsupreme-court

Redundancy vs Replacement: Protecting Employees From Unjust Dismissal

When is a redundancy dismissal valid? The Supreme Court clarifies the rules on redundancy and protects employees from disguised termination.

Apr 7, 2014labor-lawcollective-bargainingunfair-labor-practicegood-faithsupreme-court

Bargaining in Good Faith: The Fine Line Between Firm Positions and Unfair Labor Practices

When does a company's hardline stance in CBA talks become bad faith bargaining? The Supreme Court clarifies the line.

Apr 7, 2014tax-refundtax-creditlocal-government-taxationwrit-of-executionrevenue-disputessupreme-court

Tax Refund vs Tax Credit: Execution Requirements in Local Tax Disputes

Philippine Supreme Court clarifies when a writ of execution is needed for tax refunds or tax credits in local tax disputes.

Apr 7, 2014civil-procedureseafarerdisability-compensationdouble-recoveryfinal-judgmentres-judicata

Loss of Earning Award Deleted: Final Decisions and Double Recovery in Philippine Seafarer Claims

Supreme Court clarifies that final judgments bind parties, but double recovery for loss of earning capacity is barred when disability compensation already paid.

Apr 7, 2014judicial accountabilitycase delayspeedy trialjustice systemcourt efficiency

Judicial Accountability: The Price of Delay in Case Resolution

A look at how courts are held accountable for delays in resolving cases, and what this means for litigants and the justice system.

Apr 7, 2014maritime lawdisability benefitsseafarersdouble recoverypoea contractloss of earning capacity

Double Compensation Prohibited: Disability Benefits vs. Loss of Future Earnings in Maritime Claims

Supreme Court rules a seafarer cannot recover both disability benefits and loss of future earnings, as disability compensation already covers lost earning capacity.

Apr 7, 2014criminal lawchain of custodydangerous drugsra 9165buy-bust operationevidence

The Vital Chain Ensuring Drug Evidence Integrity in Philippine Law

How Philippine courts treat lapses in the chain of custody of seized drugs, explained through People v. Yable.

Apr 7, 2014criminal lawdrug caseschain of custodyprocedural rulessubstantial justicera 9165

Balancing Procedural Rules and Substantial Justice When a Lawyer’s Error Affects Your Case

When police skip procedural steps in drug cases, courts weigh technical lapses against the integrity of evidence and the accused’s rights.

Apr 7, 2014criminal-lawchain-of-custodydangerous-drugsra-9165buy-bustevidence

Chain of Custody in Drug Cases: When Police Lapses Do Not Break the Evidence

The Supreme Court explains when minor lapses in Section 21 procedures do not break the chain of custody in drug cases.

Apr 7, 2014contract to sellconditional saleproperty rightsreconveyancecivil lawland registration

Conditional Sale vs Contract to Sell: Protecting Property Rights in the Philippines

The Supreme Court clarifies the crucial difference between a conditional sale and a contract to sell, and why buyers must pay the full price to own property.

Apr 7, 2014finality of judgmentsres judicatalabor lawcollective bargainingsupreme court

Finality of Judgments: The Binding Effect of Unchallenged Court Orders

A Supreme Court ruling on how an unchallenged labor decision becomes final, binding, and bars re-litigation of the same issues.

Apr 6, 2014illegal dismissalbackwagesreinstatementlabor lawnlrclabor code

Backwages and Reinstatement Rights for Illegally Dismissed Employees in the Philippines

Learn the reinstatement and backwages rights of illegally dismissed employees in the Philippines, including the Wenphil Corporation ruling.

Apr 2, 2014rapecriminal lawsweetheart defenseconsentrevised penal codesupreme court

Challenging the Sweetheart Defense: Consensual vs Forced Intimacy in Philippine Rape Cases

Philippine Supreme Court ruling on when the "sweetheart defense" fails in rape cases, and how courts weigh consent against force and intimidation.

Apr 2, 2014illegal dismissalburden of prooflabor lawemployer-employee relationshipreinstatementsupreme court

Burden of Proof in Illegal Dismissal: Employer's Duty vs Employee's Obligation

Who must prove what in illegal dismissal cases? A Supreme Court ruling clarifies the burden of proof for employers and employees.

Apr 2, 2014criminal-lawchain-of-custodyra-9165illegal-drugsevidencebuy-bust-operation

Chain of Custody in Drug Cases: Ensuring Evidence Integrity in the Philippines

The Supreme Court clarifies the chain of custody rule under RA 9165 and when minor deviations do not break the prosecution's case.