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 8377–8400 篇,共 24,710 篇文章

排序:最新最早
Oct 23, 2013criminal-lawself-defenseparricideunlawful-aggressionrevised-penal-codesupreme-court

Cessation of Aggression Imperative for Valid Self-Defense Claims in Parricide Cases

Philippine Supreme Court ruling clarifies that self-defense fails once unlawful aggression ceases, as in this parricide conviction.

Oct 23, 2013property-law

Perfecting Land Titles Strict Requirements FOR Registration Under Philippine LAW

Oct 23, 2013self-defenseparriciderevised penal codeunlawful aggressioncriminal lawsupreme court

When Self-Defense Becomes Retaliation: Lessons from a Parricide Conviction

A son killed his father after disarming him. The Supreme Court explains why self-defense failed and became retaliation.

Oct 22, 2013checksevidence of indebtednessnegotiable instruments lawloan obligationscivil lawsupreme court ruling

When Checks Prove a Loan: The Supreme Court Ruling on Evidence of Indebtedness

The Supreme Court clarifies when checks alone establish a loan obligation and shift the burden of proof to the debtor under Philippine law.

Oct 22, 2013legal ethicssexual harassmentlawyer disciplinecode of professional responsibilitypublic attorney

Sexual Harassment by a Lawyer: When Misconduct Erodes Client Trust

A lawyer who sexually harasses a client faces suspension. The Supreme Court explains why such conduct betrays the profession's core values.

Oct 22, 2013legal ethicsprofessional responsibilitysexual harassmentlawyer disciplinecode of professional responsibility

Accountability Endures: Fiscal Responsibility in the Philippine Judiciary Even Post Mortem

A lawyer who sexually harasses a client faces suspension. The Court clarifies accountability and professional conduct standards.

Oct 22, 2013election lawhretcomelecjurisdictionproclamationelection contest

Electoral Tribunal Jurisdiction: Proclamation Is the Decisive Factor in Election Contests

The Supreme Court clarifies that once a congressional candidate is proclaimed, the HRET, not the COMELEC, has sole jurisdiction over election contests.

Oct 22, 2013judicial accountabilitygross ignorance of lawland title reconstitutionadministrative casejudgesrule 58

Judge Dismissed for Gross Ignorance of Law in Land Title Reconstitution Case

Supreme Court dismisses Judge Omelio for gross ignorance of law in reconstituting previously cancelled land titles, reversing inhibition and citing contempt without hearing.

Oct 22, 2013election-lawhretcomelecjurisdictionelection-contestnuisance-candidate

Election Contests and Jurisdiction: When the HRET Takes Over from COMELEC

The Supreme Court explains why election contests involving proclaimed congressional winners belong exclusively to the HRET, not the courts.

Oct 22, 2013election lawhret jurisdictioncertificate of candidacynuisance candidatecomelecphilippine constitution

Party List Registration Misrepresentation and the Right to Representation

A Supreme Court ruling clarifies when the House of Representatives Electoral Tribunal, not the COMELEC, has jurisdiction over congressional election disputes.

Oct 21, 2013judicial ethicscourt personneladministrative casestenographerrule 141code of conduct

Court Personnel Must Not Accept Judicial Fees: A Lesson on Ethical Duty

A stenographer's suspension for accepting TSN payments shows why court personnel must never collect judicial fees directly from litigants.

Oct 21, 2013court personneladministrative casestenographerrule 141judicial ethicsphilippine courts

Court Stenographer Suspended for Collecting TSN Fees Directly From Litigants

SC ruling clarifies court personnel cannot collect TSN payments directly; payments must go to the Clerk of Court under Rule 141.

Oct 17, 2013administrative-law

Navigating VAT Refund Deadlines Equitable Estoppel AND THE 12030 DAY Rule

Oct 17, 2013judicial ethicsadministrative lawcode of judicial conductgross misconductsupreme court

Judicial Ethics: Avoiding Impropriety and Its Appearance in Judges' Conduct

A judge's off-bench conduct matters. The Supreme Court fined a judge for drinking with a litigant, showing why appearance of impropriety is a serious offense.

Oct 17, 2013tax lawvat refundcourt of tax appealsbirprescriptive period

VAT Refund Claims: The 120-Day Rule and Timely Appeals to the CTA

Learn the mandatory 120+30 day periods for VAT refund claims and how the Supreme Court applies them in CIR v. GST Philippines.

Oct 16, 2013civil-lawfamily-codemarriageconsentannulmentsupreme-court

Marriage Validity: Intent vs Motive in Philippine Law

The Supreme Court clarifies that a marriage entered for immigration purposes is valid if consent is freely given; motive alone does not void it.

Oct 16, 2013corporate rehabilitationinsurance claimsjurisdictionrule 65fria

Rehabilitation Courts Have Limited Jurisdiction Over Insurance Claims of Corporate Debtors

Supreme Court clarifies that rehabilitation courts cannot adjudicate insurance claims filed by the distressed company against its insurers.

Oct 16, 2013criminal-lawdangerous-drugsairport-friskingchain-of-custodysearch-and-seizurera-9165

Airport Frisking and Drug Transportation: Upholding Convictions on Reasonable Searches and Chain of Custody

The Supreme Court affirms a drug transport conviction, ruling airport frisking is a valid search and the chain of custody of seized shabu was unbroken.

Oct 16, 2013labor-lawillegal-dismissalmanagement-prerogativemedical-certificatesecurity-guarddue-process

Medical Certificate Requirements and Illegal Dismissal: Balancing Employer Prerogative and Employee Rights

When can an employer require a medical certificate without risking illegal dismissal? The Supreme Court clarifies the limits of management prerogative.

Oct 16, 2013equitable mortgagereconveyanceexecution of judgmentcivil lawproperty lawpactum commissorium

Equitable Mortgage: Execution and Reconveyance of Property Explained

A Supreme Court ruling clarifies how courts must execute judgments involving equitable mortgages, emphasizing reconveyance over payment of fair market value.

Oct 16, 2013labor-lawconstructive-dismissalvoluntary-resignationillegal-dismissalsupreme-courtemployee-rights

Voluntary Resignation vs Constructive Dismissal: What Employees Must Prove

The Supreme Court clarifies when a resignation is voluntary and not constructive dismissal, and what evidence employees must present.

Oct 16, 2013family codemarriage validityconsentvoid marriageimmigration marriagephilippine law

Love OR LAW Intentions Behind Marriages AND Legal Validity

Philippine Supreme Court rules that marriage for citizenship or money is valid if consent is real, distinguishing motive from lack of consent.

Oct 16, 2013equitable mortgagemortgagor rightsreconveyanceexecution of judgmentproperty lawcivil law

Equitable Mortgage Ruling Reasserts Mortgagor Rights in Property Disputes

Supreme Court clarifies that in equitable mortgages, reconveyance to the mortgagor is the principal remedy—not payment of fair market value.

Oct 16, 2013tax lawtax refundwithholding taxbircourt of tax appealssubstantiation

Substantiate Tax Refund Claims with Withholding Tax Certificates: Key Lessons from CIR v. TeaM Philippines

Philippine Supreme Court ruling on the substantiation requirements for tax refund claims, focusing on the evidentiary value of creditable withholding tax certificates.