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 8113–8136 篇,共 24,708 篇文章

排序:最新最早
Feb 19, 2014value-added taxtax refundcourt of tax appealsnational internal revenue codesilicon philippines

VAT Refund Claims: The Mandatory 120+30 Day Rule and Why Timing Matters

Philippine Supreme Court clarifies that VAT refund claims must strictly follow the mandatory 120+30 day period under the NIRC.

Feb 19, 2014tax lawvat refundequitable estoppelbir rulingscourt of tax appeals

Equitable Estoppel and Premature VAT Refund Claims: When Taxpayers Can Rely on BIR Rulings

The Supreme Court ruled that taxpayers may rely on BIR Ruling No. DA-489-03 and file VAT refund claims early, invoking equitable estoppel against the government.

Feb 19, 2014excise taxpetroleuminternational carrierstax refundnirccir v. pilipinas shell

Excise Tax Refunds for Petroleum Sold to International Carriers: Shell Ruling Explained

The Supreme Court clarifies when domestic petroleum manufacturers can claim excise tax refunds for fuel sold to international carriers.

Feb 19, 2014criminal lawrapesexual assaultparental authoritysupreme courtrevised penal code

Parental Authority and Rape: When Rubbing the Penis Is Not Consummated Rape

A father's conviction for rape is modified by the Supreme Court, which distinguishes sexual assault from consummated rape and attempted rape.

Feb 19, 2014land registrationpublic domaindenr certificationproperty registration decreejudicial confirmation of title

Proving Alienable Land in Registration: The T.A.N. Properties Standard

Land registration requires more than a DENR certification. The Supreme Court clarifies the proof needed to establish alienable and disposable land.

Feb 19, 2014criminal-lawdrug-casesconstitutional-rightsevidencedue-processsandiganbayan

Upholding Convictions in Drug Cases: Balancing Evidence and Constitutional Rights

Learn how the Supreme Court balances evidence and constitutional rights in drug cases, and what this means for accused persons.

Feb 19, 2014real-estate-lawpd-957subdivision-buyersmortgagehomebuyers-protectionhlutb

Protecting Homebuyers: PD 957 Prevails Over Bank Mortgages in Subdivision Sales

Supreme Court rules banks must honor PD 957 protections for subdivision buyers, even when properties are mortgaged to secure developer loans.

Feb 19, 2014witness exclusionrules of courtcivil proceduregrave abuse of discretionevidence

Witness Exclusion Rule: When Courts Cannot Bar a Witness Who Heard Another's Testimony

SC ruling on when courts may exclude witnesses and why a witness who heard prior testimony cannot be barred without an exclusion order.

Feb 19, 2014tax lawvat refundprescriptive periodbircourt of tax appeals

Untimely VAT Refund Claims: Strict Prescriptive Periods and the San Roque Exception

Learn how the Supreme Court applied the San Roque doctrine on the 120-day waiting period for VAT refund claims in Procter & Gamble.

Feb 19, 2014property-lawland-registrationdenr-certificationalienable-disposable-landspd-1529supreme-court

Land Registration Proof: Beyond DENR Certification and the Burden of Incontrovertible Evidence

A DENR certification alone won't secure land title. The Supreme Court clarifies the strict proof required for judicial confirmation of title.

Feb 19, 2014criminal-lawrapesexual-assaultchild-abuseindeterminate-sentencecredibility

Rape Conviction Upheld: Credibility of Testimony and Indeterminate Sentence Law in Child Sexual Abuse Cases

Supreme Court affirms father's rape conviction, clarifies proper indeterminate penalty and damages in child sexual assault cases.

Feb 18, 2014corporate rehabilitationres judicatastay ordercreditor rightsinterim rulespryce corporation

Res Judicata in Corporate Rehabilitation: Balancing Creditor Rights and Economic Recovery

The Supreme Court clarifies res judicata and stay order rules in corporate rehabilitation, balancing creditor rights with economic recovery.

Feb 18, 2014family codeillegitimate childrensurnamera 9255parental authoritycivil law

Children's Surnames: Illegitimate Child's Right to Choose After Father's Recognition

Supreme Court rules an acknowledged illegitimate child may choose whether to use the father's surname; the father cannot compel it.

Feb 17, 2014forum shoppingattorney sanctionsres judicatacivil procedureproperty disputessupreme court

Forum Shopping and Attorney Sanctions for Relitigating Settled Property Disputes

Philippine Supreme Court sanctions lawyer for forum shopping in relitigating settled estate property claims, explaining the rules and consequences.

Feb 17, 2014civil-serviceadministrative-casedishonestypublic-officersevidencesupreme-court

Public Service Accountability and the Need to Substantiate Dishonesty Charges

The Supreme Court clarifies that while public officials may be disciplined for private acts of dishonesty, charges must be supported by substantial evidence.

Feb 17, 2014civil-servicedishonestyadministrative-caseevidencepublic-officers

Dishonesty in Public Service: Why Substantiated Claims Matter

The Supreme Court clarifies when private acts of dishonesty can be disciplined and why complaints must be supported by evidence.

Feb 17, 2014maritime-lawseafarersdisability-benefitswork-related-illnessburden-of-proofphilippine-supreme-court

Psoriasis Seafarers and the Burden of Proof in Work-Related Illness Claims

Philippine Supreme Court ruling on proving work-related illness for disability benefits, with lessons for seafarers.

Feb 12, 2014criminal lawsub judicecontempt of courtfreedom of speechsupreme courtrules of court

Circumstantial Evidence and Reasonable Doubt: Safeguarding Justice in Philippine Courts

Philippine Supreme Court clarifies the sub judice rule, freedom of speech, and the limits of contempt power in Marantan v. Diokno.

Feb 12, 2014criminal-lawchain-of-custodydangerous-drugsbuy-bust-operationevidencera-9165

Chain of Custody in Drug Cases: Marking Seized Items Immediately and in the Accused's Presence

Philippine Supreme Court acquits drug suspect where police failed to mark seized shabu immediately and in her presence, breaking the chain of custody.

Feb 12, 2014notarial practicenotary publiclegal ethicsadministrative casecivil law

Notarial Duty Verifying Identity in Document Acknowledgment

Supreme Court ruling on notaries' duty to verify identity in acknowledgments, revoking a notary's commission for lapses.

Feb 12, 2014criminal-lawcircumstantial-evidencereasonable-doubtacquittalfalsificationrobbery

Reasonable Doubt Prevails: Acquittal in Robbery and Falsification Case Due to Insufficient Circumstantial Evid

Supreme Court acquits CA employees in robbery and falsification case, ruling circumstantial evidence must form an unbroken chain to prove guilt beyond reasonable doubt.

Feb 12, 2014civil-lawwarranty-against-evictionbad-faithdamagesproperty-lawsale

Breach of Warranty Against Eviction: A Seller's Duty to Defend Property Title

When a seller's gross negligence in defending title causes the buyer's eviction, the seller acts in bad faith and must pay damages under Article 1555 of the Civil Code.

Feb 12, 2014suretyshipcivil codearticle 2079surety bondsguarantysupreme court

Surety Bonds Survive Debt Extension: Key Supreme Court Ruling on Article 2079

Extension of a principal's debt without a surety's consent does not automatically extinguish surety bonds, per the Supreme Court.

Feb 12, 2014criminal-lawrapereasonable-doubtcredibilityevidenceacquittal

The Peril of Uncorroborated Rape Allegations: Protecting the Accused's Rights

The Supreme Court acquits a rape accused, stressing that uncorroborated testimony and inconsistent conduct create reasonable doubt.