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 8617–8640 篇,共 24,713 篇文章

排序:最新最早
Jul 9, 2013sheriffsadministrative lawgrave misconductgross neglect of dutypublic trustjudiciary

Sheriffs' Misconduct Over Levied Vehicle: Grave Abuse of Public Trust

When sheriffs used a levied vehicle for personal errands and lost it, the Supreme Court imposed the ultimate administrative penalty.

Jul 8, 2013labor lawconstructive dismissalabandonmentillegal dismissallabor codeemployee rights

Abandonment vs Constructive Dismissal: When an Employee Is Forced to Quit

Philippine Supreme Court explains the difference between abandonment and constructive dismissal, and when an employer's actions force an employee out.

Jul 8, 2013simulated contractdeed of absolute salecontract lawannulment of salephilippine supreme court

Simulated Sales: When Intent to Transfer Ownership Is Absent

Philippine Supreme Court explains when a deed of sale is absolutely simulated and void, using Formaran v. Ong as a guide.

Jul 8, 2013civil-law

Establishing Paternity Overcoming Denials AND Securing Child Support

Jul 8, 2013labor-lawillegal dismissalabandonmentconstructive dismissalnlrctermination

When Is Employee Dismissal for Abandonment Justified Under Philippine Law

Philippine Supreme Court clarifies the two elements of abandonment of employment and when dismissal is legally justified.

Jul 8, 2013labor-lawconstructive-dismissalabandonmentillegal-dismissalterminationdue-process

Abandonment vs. Constructive Dismissal: Proving Intent in Philippine Labor Cases

Philippine Supreme Court clarifies the elements of abandonment of employment and why employers must prove clear intent to sever the employer-employee relationship.

Jul 8, 2013legal ethicsprofessional responsibilityattorney negligencecode of professional responsibilityadministrative casesupreme court

Upholding Attorney Accountability: Negligence and Breach of Professional Duty

A lawyer's failure to attend hearings, file pleadings, and inform clients breaches the Code of Professional Responsibility and warrants suspension.

Jul 8, 2013heirshipspecial proceedingscivil procedurereconveyanceinheritancephilippine law

Heirship Disputes Must Be Resolved in Special Proceedings, Not Ordinary Civil Actions

Philippine Supreme Court clarifies that determining legal heirs requires a special proceeding, not an ordinary action for reconveyance.

Jul 4, 2013criminal lawdrug offensesbuy-bust operationchain of custodyreasonable doubtra 9165

Reasonable Doubt: When Inconsistent Police Testimony Overturns a Drug Sale Conviction

The Supreme Court acquits a drug suspect after police witnesses gave conflicting accounts of a buy-bust operation, breaking the chain of custody.

Jul 3, 2013seafarersdisability benefitspoea-seccollective bargaining agreementmaritime lawofw compensation

Seafarers Disability Claims: POEA-SEC Governs Absent Proof of CBA Benefits

Supreme Court clarifies when POEA-SEC, not a CBA, governs seafarer disability pay; proof requirements for claiming superior CBA benefits.

Jul 3, 2013bigamycriminal lawfamily codemarriage nullityrevised penal code

Bigamy and Nullity of Marriage: When a Void Second Marriage Still Leads to Criminal Liability

The Supreme Court clarifies that a subsequent declaration of nullity of a second marriage does not erase criminal liability for bigamy.

Jul 3, 2013ombudsmanadministrative-lawsupreme-courtappealsdue-processgovernment-officials

Upholding the Ombudsman's Authority: Enforceability of Decisions Pending Appeal in the Philippines

Philippine Supreme Court clarifies when Ombudsman decisions remain enforceable despite pending appeals, balancing administrative discipline with due process.

Jul 3, 2013expert witnessevidencecivil procedurerules of courthandwriting examination

Expert Testimony Admissibility and the Courts' Discretion in Evidence

When can courts disqualify an expert witness? The Supreme Court clarifies that only specific grounds under the Rules of Court justify exclusion.

Jul 3, 2013murderconspiracydefense-of-relativesrevised-penal-codesupreme-courtcriminal-law

When Kin Turn Killers: Conspiracy and Defense of Relatives in Philippine Murder Law

The Supreme Court affirms murder convictions of three relatives, clarifying conspiracy and the defense of relatives under Article 11 of the Revised Penal Code.

Jul 3, 2013insurance-lawsubrogationprescriptioncivil-codemarine-insurancesupreme-court

Subrogation Rights Prescription Period For Insurers Seeking Reimbursement

Philippine Supreme Court clarifies that an insurer's subrogation claim prescribes in 10 years, not 4, under Article 1144 of the Civil Code.

Jul 3, 2013labor-lawconstructive-dismissalmanagement-prerogativeemployee-transferdemotionsupreme-court

Management Prerogative vs Constructive Dismissal: Limits of Employee Transfers

When is a job transfer a valid management prerogative and when does it become constructive dismissal? The Supreme Court clarifies in Peckson v. Robinsons Supermarket.

Jul 3, 2013dangerous drugs actchain of custodysection 21buy-bust operationcriminal procedureacquittal

Safeguarding Rights: The Importance of Proper Procedure in Drug Cases

In People v. Oniza, the Supreme Court acquitted two accused of drug charges because police ignored the mandatory procedures under Section 21 of R.A. 9165.

Jul 3, 2013ombudsmanadministrative lawpublic officersdismissalpreliminary injunctioncivil service

Ombudsman Decisions Stay Executory Pending Appeal: A Guide for Public Officers

Learn why Ombudsman dismissal orders remain immediately executory pending appeal, and how the Supreme Court protects the Ombudsman's enforcement powers.

Jul 3, 2013intra-corporate disputejurisdictionsandiganbayanpcggsequestrationcorporate law

Corporate Control vs Government Sequestration: Defining Jurisdiction in Intra-Corporate Disputes

When a sequestered corporation faces an intra-corporate dispute, which court has jurisdiction? The Supreme Court clarifies the rules.

Jul 3, 2013estafacriminal proceduredue processrevised penal codeinformation

When the Charge and Conviction Differ: Estafa, Due Process, and the Information

The Supreme Court explains when a conviction for estafa under a different paragraph than charged is valid, and why the facts in the Information matter most.

Jul 3, 2013preliminary attachmentcivil procedurerule 57compromise agreementcreditor rights

Preliminary Attachment Lien Survives Compromise Agreement Until Debt Paid

Supreme Court rules attachment liens continue until debt is fully paid, even after a compromise agreement ends the main case.

Jul 3, 2013corporate lawtax lawdouble taxationlocal government codesupreme court decision

Corporate Authority and Double Taxation: Lessons from Swedish Match Philippines

Supreme Court clarifies rules on corporate authority in tax refund cases and double taxation under local business tax ordinances.

Jul 2, 2013judicial-efficiencyconsolidation-of-casesconflicting-rulingsphilippine-supreme-courtcivil-procedurecase-management

Consolidation of Cases Ensuring Judicial Efficiency and Preventing Conflicting Rulings

Explore how consolidating related cases promotes judicial efficiency and prevents conflicting rulings, with insights from Philippine Supreme Court practice.

Jul 2, 2013dual citizenshipelection lawrenunciationlocal government codera 9225passport

Dual Citizenship and Electoral Candidacy: The Renunciation Requirement in the Philippines

The Supreme Court clarifies that renouncing foreign citizenship to run for local office must be complete and unequivocal—using a foreign passport after renunciation can disqualify a candidate.