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 8497–8520 篇,共 24,712 篇文章

排序:最新最早
Aug 28, 2013labor-lawillegal-dismissalproportionate-penaltymanagement-prerogativewillful-disobediencecompany-rules

Balancing Company Rules and Employee Rights: The Doctrine of Proportionate Penalty in Illegal Dismissal Cases

When does a company rule violation justify dismissal? The Supreme Court clarifies the doctrine of proportionate penalty in illegal dismissal cases.

Aug 28, 2013banking lawnegligencecivil codedamageshome loanuhlp

Bank's Duty of Diligence in Home Loans: Comsavings Bank v. Capistrano

When a bank makes a borrower pre-sign a house completion certificate, it breaches its duty of highest diligence and may be liable for damages.

Aug 28, 2013value-added taxvat refundinvoicing requirementsbirtax lawzero-rated sales

VAT Refund Claims: Strict Compliance with Invoicing Requirements Required

Philippine Supreme Court rules strict compliance with VAT invoicing requirements is mandatory for input VAT refund claims on zero-rated sales.

Aug 28, 2013certiorariprocedural ruleslabor lawcourt of appealssupreme court

Flexibility in Certiorari Petitions: Courts May Still Grant Extensions Despite Procedural Rules

Philippine Supreme Court clarifies that courts retain discretion to extend the 60-day period for certiorari petitions despite A.M. No. 07-7-12-SC.

Aug 28, 2013civil procedurejurisdictioncollection casesregional trial courtsupreme court

Jurisdictional Thresholds in Collection Cases: Learning from Cabrera v. Francisco

How courts determine jurisdiction in collection cases, using the Supreme Court's ruling in Cabrera v. Francisco as a guide.

Aug 28, 2013maritime-lawseafarer-benefitspoea-contractdeath-compensationwork-related-illnesssupreme-court

When Post-Employment Death Isn't Necessarily Non-Compensable: Establishing Causation in Seafarer Benefit Claim

A seafarer's death after repatriation may be compensable, but only with substantial evidence of work-related causation, not mere presumption.

Aug 28, 2013agrarian reformjust compensationland valuationdarland bankproperty law

Just Compensation and Voluntary Land Sales: Valuing Property Under Agrarian Reform

A landowner who accepts payment and transfers title under agrarian reform cannot later seek higher just compensation. The Supreme Court explains.

Aug 26, 2013rapemoral ascendancycriminal lawrevised penal codesupreme courtvictim-survivor

Moral Ascendancy in Rape Cases: Supreme Court Affirms Stepfather's Conviction

The Supreme Court affirms a stepfather's rape conviction, explaining moral ascendancy, victim-survivor credibility, and increased damages in G.R. No. 271812.

Aug 26, 2013reconstitution of titleland titlerepublic act no. 26property lawejectmentland registration

Reconstitution of Lost Title: When Courts Can Restore Destroyed Land Records

Explaining the Supreme Court's ruling on judicial reconstitution of lost or destroyed land titles under Republic Act No. 26.

Aug 19, 2013res judicataquieting of titleland ownershipforum shoppingproperty law

Res Judicata Bars Repeated Litigation Over Same Land Ownership

Philippine Supreme Court ruling explains how res judicata prevents endless litigation over the same property and title.

Aug 19, 2013labor lawloss of confidenceillegal dismissalretirement benefitsphilippine jurisprudence

Dismissal for Loss of Confidence: When a Validly Dismissed Employee Cannot Claim Retirement Pay

The Supreme Court ruled that an employee lawfully dismissed for serious misconduct and loss of confidence cannot be awarded retirement benefits as a measure of social justice.

Aug 19, 2013tax treatybranch profits remittance taxbirrefundinternational taxationadministrative rules

Tax Treaty Relief vs. BIR Rules: When Administrative Deadlines Cannot Defeat Treaty Benefits

Supreme Court rules that failure to file a prior tax treaty relief application with the BIR does not automatically forfeit a taxpayer's right to preferential rates under an international tax treaty.

Aug 19, 2013tax treatybranch profit remittance taxbirrefundsupreme courtinternational taxation

Tax Treaty Benefits vs. BIR Rules: The Deutsche Bank Ruling on Prior Application

The Supreme Court clarifies that failure to comply with the BIR's prior application rule does not automatically bar tax treaty relief.

Aug 14, 2013trust receiptsestafapresidential decree 115revised penal codecriminal lawphilippine supreme court

When a Trust Receipt Is Really a Loan: Acquittal in Estafa Cases

The Supreme Court acquits a corporate officer of estafa under the Trust Receipts Law, ruling that transactions the bank knew were not for resale are simple loans, not trust receipts.

Aug 14, 2013labor-lawretrenchmentterminationlabor-codeemployee-rights

When Business Downturns Lead to Employee Layoffs: Understanding Retrenchment Under Philippine Law

Learn the legal rules on retrenchment in the Philippines, including valid grounds, procedural requirements, and worker protections.

Aug 14, 2013trust receiptsestafapresidential decree 115criminal lawloanssupreme court

Trust Receipts vs Loans: When Intent Defines the Contract

Supreme Court clarifies when a trust receipt is really a loan, acquitting a corporate officer of estafa under PD 115.

Aug 14, 2013graft and corrupt practices actgross inexcusable negligencepublic officersra 3019local governmentinfrastructure projects

Grave Negligence and Public Office Accountability for Improper Land Use in Infrastructure Projects

When can a city engineer be criminally liable for a public works project built on private land? The Supreme Court explains gross inexcusable negligence under R.A. 3019.

Aug 14, 2013probable causepreliminary investigationkidnappinggrave abuse of discretioncriminal proceduredepartment of justice

Probable Cause in Kidnapping Cases: When Prosecutors Overstep Their Role

The Supreme Court clarifies the standard for probable cause in preliminary investigations and when a prosecutor's dismissal amounts to grave abuse of discretion.

Aug 13, 2013labor-lawillegal-dismissalbackwagesseparation-payjudgment-executionlegal-interest

Finality vs Fairness: How Illegal Dismissal Awards Are Computed Up to Final Judgment

The Supreme Court clarifies that backwages and separation pay in illegal dismissal cases are computed up to finality of judgment, not just the labor arbiter's decision date.

Aug 13, 2013election lawbarangay electionelection protestexecution pending appealcomelecsupreme court

Barangay Election Protests: Finality of Decisions and Execution Pending Appeal

The Supreme Court clarifies the rules on execution pending appeal in barangay election protests, emphasizing finality and proper procedure.

Aug 12, 2013civil lawinheritancefiliationbirth certificaterule 108family law

Affinity vs Consanguinity: Correcting Birth Records and Inheritance Rights in the Philippines

Learn how Philippine courts handle birth certificate corrections affecting filiation, legitimacy, and inheritance rights under Rule 108.

Aug 12, 2013labor lawunion disaffiliationcheck-off duesvoluntary arbitrationlabor federation

Local Union Disaffiliation Rights and Check-Off Dues Under Philippine Law

Philippine Supreme Court clarifies when a local union may disaffiliate from its mother federation and what happens to check-off dues.

Aug 12, 2013legal ethicslawyer disciplineprofessional responsibilityadministrative casecode of professional responsibility

Lawyer Admonished for Neglect of Client's Case: Upholding Competence and Diligence

A lawyer's failure to file a timely appeal leads to admonition, reinforcing the duty of competence and diligence under the Code of Professional Responsibility.

Aug 12, 2013labor lawunion disaffiliationcollective bargainingcheck-offlabor organizations

Union Disaffiliation and Employee Rights in Collective Bargaining: A Philippine Supreme Court Ruling

Philippine Supreme Court ruling on a local union's right to disaffiliate from its mother federation and the effect on collective bargaining and check-off.