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 9241–9264 篇,共 24,714 篇文章

排序:最新最早
Sep 5, 2012criminal-lawbuy-bustchain-of-custodydangerous-drugsra-9165evidence

Buy-Bust Operations and Chain of Custody: Ensuring Integrity in Drug Sale Convictions

The Supreme Court clarifies the rules on buy-bust operations, chain of custody, and what it takes to convict under Section 5 of RA 9165.

Sep 4, 2012ombudsmanpresidential poweradministrative lawchecks and balancesremoval from officecivil service

Checks and Balances Upholding Presidential Authority to Remove Deputies Despite Ombudsman Independence

The Supreme Court upholds the President's power to discipline Deputy Ombudsmen and Special Prosecutors, balancing independence with accountability.

Sep 4, 2012value-added taxtransitional input tax credittax refundbirnational internal revenue codefort bonifacio

Unlocking VAT Refunds: The Transitional Input Tax Credit Principle in Philippine Law

Philippine Supreme Court clarifies that prior tax payment is not required to claim the 8% transitional input tax credit under the NIRC.

Aug 29, 2012common carrierextraordinary diligenceschool buscontract of carriagedamagescivil law

School Bus Operators Are Common Carriers: Extraordinary Diligence and Liability for Student Safety

A school bus operator is a common carrier bound by extraordinary diligence. The Supreme Court explains liability for student deaths.

Aug 29, 2012administrative lawjudicial ethicscode of conductcourt personnelimmoralitycivil service

Judicial Employee Conduct: Why Private Morals Matter for Court Personnel

The Supreme Court ruled that a court stenographer's extramarital affair is disgraceful and immoral conduct, warranting suspension without pay.

Aug 29, 2012criminal-law

Defining Manager Expands Sandiganbayan Jurisdiction Over Graft Cases Involving Government Owned Corporations

Supreme Court clarifies that narrowly, citing a dictionary definition that referred to one who has charge of a corporation and control of its businesses or branch establishments. The Supreme Court, ho

Aug 29, 2012criminal-lawchain-of-custodydrug-possessionevidencereasonable-doubtdangerous-drugs

Chain of Custody Safeguarding Rights in Drug Possession Cases

Learn how the Supreme Court's chain of custody rule protects accused persons in drug possession cases and why broken evidence links lead to acquittal.

Aug 29, 2012prescriptionrevival of judgmentcivil procedurestatute of limitationsrule 39

Revival of Judgment: When Does the Clock Start Ticking on Prescription in Civil Actions?

Learn when the 10-year prescriptive period for reviving a judgment starts and how interruptions affect the deadline, explained in plain language.

Aug 29, 2012civil-lawland-ownershipprescriptionrevival-of-judgmenthierarchy-of-courtscertiorari

Upholding the Sanctity of Titles: Resolving Disputes Over Land Ownership and Authenticity of Deeds

The Supreme Court clarifies the rules on reviving judgments, prescription periods, and the hierarchy of courts in land disputes.

Aug 29, 2012maritime-law

When IS A Seafarer Entitled TO Permanent Disability Benefits AN Analysis OF Fair Shipping Corp VS Medel

Aug 29, 2012constitutional-law

Agrarian Reform Upholding THE Rights OF Actual Land Tillers Over Absentee Landowners

Aug 29, 2012statutory rapeincestuous rapeparental authoritymoral ascendancycriminal lawqualified rape

Parental Authority and Statutory Rape: A Father's Moral Influence as Force

The Supreme Court affirms a father's rape conviction, holding that parental moral ascendancy substitutes for force in incestuous rape cases.

Aug 29, 2012hotel liabilityquasi-delictduty of carenegligenceguest safetycivil law

Hotels' Duty of Care: Guest Safety and Foreseeable Harm Under Philippine Law

When is a hotel liable for a guest's murder? The Supreme Court clarifies the duty of care hotels owe their guests under Philippine law.

Aug 29, 2012vat refundzero-rated salesinvoicing requirementstax creditbir regulationscta

Zero-Rated Sales: Strict Invoicing Requirements for VAT Refund Claims in the Philippines

Philippine Supreme Court ruling: failure to comply with invoicing requirements is fatal to VAT refund claims. Learn the strict rules.

Aug 29, 2012maritime-lawseafarer-rightsdisability-benefitspoea-contractlabor-lawphilippines

Seafarers Disability Benefits: When 120-Day Rule and POEA Reporting Requirements Apply

Supreme Court ruling on seafarer disability benefits, the 120/240-day rule, and POEA contract reporting requirements explained in plain language.

Aug 29, 2012oral partitionland ownershippossessionprescriptioncivil law

Oral Partition of Land: When Possession Establishes Ownership Rights in the Philippines

Philippine Supreme Court ruling on oral partition, possession, and ownership rights over inherited land. Learn the legal rules.

Aug 29, 2012criminal lawrobbery with homicidecircumstantial evidenceproof beyond reasonable doubtphilippine jurisprudence

Circumstantial Evidence in Robbery With Homicide: Establishing Guilt Beyond Reasonable Doubt

A Philippine Supreme Court ruling shows how circumstantial evidence can establish guilt beyond reasonable doubt in robbery with homicide, and what the prosecution must prove.

Aug 23, 2012garnishmentgovernment fundscommission on auditstate immunityuniversity of the philippines

Government Funds and the Limits of Garnishment: Protecting Public Resources

The Supreme Court rules that government funds, including UP's, cannot be garnished to satisfy money judgments without proper appropriation and COA approval.

Aug 23, 2012civil procedurecross-claimscompromise agreementquasi-delictsolidary liabilityrules of court

Cross-Claims Survive Dismissal of Main Complaint Through Compromise Settlements

When a main complaint is dismissed via compromise, cross-claims among co-defendants may still proceed. The Supreme Court explains why.

Aug 23, 2012ombudsmanadministrative liabilitydishonestygrave misconductpublic accountability

Ombudsman's Power to Dismiss for Dishonesty and Grave Misconduct

The Supreme Court affirms the Ombudsman's power to dismiss erring public employees, not merely recommend their removal, in a case involving unremitted customs collections.

Aug 23, 2012poeanlrcseafarerdisciplinary actionjurisdictionmigrant workers

POEA Jurisdiction Over Seafarer Disciplinary Cases: NLRC Has No Appellate Review

Supreme Court clarifies that appeals from POEA disciplinary action cases against seafarers go to the Labor Secretary, not the NLRC.

Aug 23, 2012labor-lawcollective-bargainingunfair-labor-practiceintra-union-disputesupreme-courtemployer-obligations

Duty to Bargain During Intra-Union Disputes: Employer Obligations Under Philippine Labor Law

Philippine Supreme Court clarifies that intra-union leadership disputes do not excuse an employer from the duty to bargain collectively.

Aug 23, 2012corporate rehabilitationstay ordercollection suitcreditorscorporate law

Rehabilitation Proceedings and Claims: When a Stay Order Bars Separate Collection Suits

A Supreme Court ruling explains how corporate rehabilitation stay orders bar separate collection suits and bind creditors to approved rehabilitation plans.

Aug 23, 2012labor-lawofwpoeanlrcjurisdictiondisciplinary-action

Jurisdiction Over OFW Disciplinary Cases: POEA vs NLRC Explained

The Supreme Court clarifies that the NLRC has no appellate jurisdiction over POEA disciplinary action cases against OFWs; appeals go to the Labor Secretary.