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 8881–8904 篇,共 24,714 篇文章

排序:最新最早
Mar 4, 2013annulment of judgmentextrinsic frauddue processproperty disputetax delinquency salerules of court

Annulment of Judgment: Extrinsic Fraud and Due Process in Property Disputes

When a property owner loses title without notice, annulment of judgment may lie. The Supreme Court clarifies extrinsic fraud and due process rules.

Mar 4, 2013annulment of judgmentdue processextrinsic fraudproperty lawreal propertytax delinquency

Annulment of Judgment Protects Due Process in Property Disputes

Supreme Court clarifies that failure to state "extrinsic fraud" verbatim does not doom a petition for annulment of judgment.

Mar 4, 2013certiorariappealrule 65rule 41civil procedurephilippine law

Certiorari vs. Appeal: Choosing the Right Legal Remedy in the Philippines

The Supreme Court clarifies when to use certiorari versus appeal, and why pursuing both remedies simultaneously can be fatal to a case.

Feb 27, 2013accommodation mortgagereal estate mortgagefraudcivil lawsupreme courtburden of proof

Accommodation Mortgages: Validity Upheld Despite Claims of Fraud

When is a real estate mortgage valid despite claims of fraud? The Supreme Court explains accommodation mortgages and the burden of proof.

Feb 27, 2013property-lawindigenous-peoples-rightsstare-decisisncipancestral-landsbaguio

Stare Decisis in Indigenous Land Claims: Upholding Prior Rulings on the Busol Watershed

The Supreme Court applies stare decisis to reverse an injunction favoring indigenous land claims in the Busol Watershed, following an earlier ruling.

Feb 27, 2013labor-lawillegal-dismissalabandonmentburden-of-proofterminationawol

Abandonment vs. Illegal Dismissal: Employer's Burden of Proof in Philippine Labor Law

When does absence become abandonment? The Supreme Court clarifies the employer's burden of proof in illegal dismissal cases.

Feb 27, 2013real-estate-lawrescissionpd-957contract-to-sellsubdivision-buyershlurb

Rescission Rights When Developers Fail to Deliver on Property Sales

Buyers who fully paid for a lot can rescind the contract and recover the property's market value when the developer fails to deliver title.

Feb 27, 2013agrarian reformjust compensationland bankproperty lawinteresteminent domain

Just Compensation and Timely Payment: Landowners' Right to Interest for Delayed Agrarian Reform Payments

Philippine Supreme Court clarifies when landowners may claim 12% interest on delayed just compensation in agrarian reform cases.

Feb 27, 2013labor-law

Breach OF Trust AN Employees Dismissal FOR Dishonesty AND THE Limits OF Employer Discretion

Feb 27, 2013administrative lawjudgesjudicial ethicsanonymous complaintsdue processrule 140

Anonymous Complaints Against Judges: Evidence Rules and Due Process in Administrative Cases

The Supreme Court clarifies when anonymous complaints against judges may prosper and how due process protects judges in administrative proceedings.

Feb 27, 2013cargo shortagearrastre operatorburden of proofbill of ladingcommon carriercommercial law

Burden of Proof in Cargo Shortage Claims: When Arrastre Operators Escape Liability

Explaining the Supreme Court ruling on cargo shortage claims, the burden of proof, and when arrastre operators may avoid liability.

Feb 27, 2013philippine-law

Judicial Ethics Maintaining Impartiality AND Avoiding Impropriety IN A Judges Private Life

Feb 27, 2013civil lawreal estate mortgageaccommodation mortgagorfraudevidenceproperty law

Protecting Land Ownership: The Limits of Good Faith in Real Estate Transactions

The Supreme Court clarifies when a property owner's claim of fraud in a real estate mortgage fails for lack of evidence.

Feb 27, 2013legal ethicscode of professional responsibilitylawyer disciplinedemand letterszealous advocacy

Balancing Zealous Advocacy AND Honest Conduct Limits TO Protecting Client Interests

A lawyer’s duty to protect a client has limits: the Supreme Court reprimands counsel for using false statements in demand letters.

Feb 27, 2013civil-lawexecution-pending-appealvoid-writaccion-publicianaproperty-rightsdue-process

Void Writ of Execution: Supreme Court Nullifies Property Seizure and Auction

A void writ of execution invalidates all actions taken under it, including property levies and auction sales. Learn the rules.

Feb 27, 2013conspiracymurdercriminal lawshared intentreclusion perpetuaphilippine jurisprudence

Accountability in Conspiracy: Shared Criminal Intent Under Philippine Law

How Philippine courts infer conspiracy from concerted acts, making each participant equally liable for murder even without direct evidence of a prior agreement.

Feb 27, 2013administrative lawgrave neglect of dutyombudsmanpublic officerscivil service

Grave Neglect of Duty in Public Office: The Samson De Leon Case

When does a public official's inaction become grave neglect of duty? The Supreme Court clarifies the standard in this administrative law case.

Feb 26, 2013election lawresidency requirementcertificate of candidacycomeleclocal electionsdisqualification

Challenging Residency Claims: The Supreme Court on Election Eligibility

A candidate's one-year residency requirement for local office demands clear proof of domicile, not just property ownership or voter registration.

Feb 26, 2013maritime-lawseafarer-rightsdisability-claimspoea-seclabor-law

Protecting Seafarers: Upholding Disability Claims Despite Company Doctor's Assessment

Supreme Court rules seafarers can dispute company-designated physician's fitness assessment with independent medical evidence, protecting their disability claims.

Feb 25, 2013criminal-lawprobable-causeconspiracyextrajudicial-confessionrules-of-courtpreliminary-investigation

Confessions and Conspiracy: Probable Cause in the Batasan Bombing Case

The Supreme Court explains why a co-accused's confession alone cannot establish probable cause for conspiracy in the Batasan bombing case.

Feb 25, 2013real-estate-lawmortgagebanksdue-diligencetorrens-titleland-bank

Banks Must Exercise Higher Diligence: Land Bank v. Poblete on Mortgage in Bad Faith

When a bank accepts a mortgage over property it failed to verify, it risks losing protection as a mortgagee in good faith.

Feb 25, 2013administrative lawcertiorarisep clearancepcsdpalawanmining

SEP Clearance and the Limits of Certiorari: When Administrative Action Is Not Quasi-Judicial

The Supreme Court clarifies when an SEP Clearance from the Palawan Council is an administrative act, not a quasi-judicial one, and why certiorari is the wrong remedy.

Feb 25, 2013land titlesgood faithmortgagetorrens systemcivil lawsupreme court

Good Faith and Land Titles: Protecting Innocent Purchasers in Real Estate Disputes

When is a bank a mortgagee in good faith? The Supreme Court clarifies the rules on forged deeds and land titles.

Feb 20, 2013estafasyndicated estafapresidential decree 1689revised penal codedeceitbanking fraud

Deceit and Syndicated Estafa: Distinguishing Simple Estafa From Large-Scale Swindling

Philippine Supreme Court clarifies when fraud against a bank is simple estafa, not syndicated estafa under PD 1689.