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 10561–10584 篇,共 24,749 篇文章

排序:最新最早
Jul 29, 2010tax lawcorporate lawincome taxtax refundcarry-overbir

Irrevocability of Tax Credit Option: Understanding the Asiaworld Properties Case

The Supreme Court clarifies that choosing to carry over excess income tax credits bars refund claims for those amounts in later years.

Jul 29, 2010appealrules of courtproperty disputeaccion publicianaproceduresupreme court

When Late Appeal Briefs Get Dismissed: Lessons from a Property Dispute

The Supreme Court explains when late filing of an appeal brief justifies dismissal, using a property dispute as a cautionary example.

Jul 29, 2010security of tenureillegal dismissalgovernment servicereorganizationbad faithpersonal liability

Security of Tenure in Government Service: When Reorganization Is a Ruse for Illegal Dismissal

The Supreme Court affirms that sham reorganizations violate security of tenure and that mayors acting in bad faith face personal liability for damages.

Jul 29, 2010certiorarirule 65judicial reviewcivil proceduresupreme courtphilippines

Certiorari as a Remedy: Navigating the Boundaries of Judicial Review in the Philippines

The Supreme Court clarifies when certiorari under Rule 65 is proper and why it cannot substitute a lost appeal in Sonic Steel v. CA.

Jul 29, 2010certiorarirule 43grave abuse of discretionprocedural rulescivil servicegovernment employees

Certiorari as Substitute for Appeal: Procedural Lapses and Grave Abuse of Discretion in Philippine Courts

When can courts overlook procedural lapses? The Supreme Court clarifies certiorari, Rule 43, and grave abuse of discretion in Go v. Court of Appeals.

Jul 29, 2010transcript of recordsstudent recordsched jurisdictiondamagescivil lawschool obligations

Unjustified Refusal of Transcript Release: When Can a School Withhold Records

The Supreme Court clarifies when schools may withhold transcripts and why CHED cannot award damages in disputes over student records.

Jul 29, 2010civil procedureappealcourt of appealsrules of courtdismissal of appealprocedural rules

Balancing Justice AND Procedure When Failure TO File AN Appeal Leads TO Dismissal

When failure to file an appeal brief leads to dismissal, the Supreme Court explains why procedural rules matter and when they may be relaxed.

Jul 28, 2010criminal-lawstatutory-raperaperevised-penal-codevictim-testimonysupreme-court

Protecting the Vulnerable: Statutory Rape and the Primacy of the Victim's Testimony

The Supreme Court affirms a statutory rape conviction, explaining why a credible victim's testimony outweighs minor inconsistencies and medical report details.

Jul 28, 2010civil lawfraudproperty salereal estatebadges of fraudvoid contracts

Badges of Fraud in Property Sales: When Courts Void Real Estate Deals

Philippine Supreme Court explains how "badges of fraud" can invalidate property sales, even absolute deeds, when fraud taints the transaction.

Jul 28, 2010direct assaultrevised penal codepersons in authorityteacherscriminal law

Upholding Authority When A Teachers Defense Leads TO Direct Assault Conviction

Teacher's conviction for direct assault upheld by Supreme Court; defending a child does not justify attacking a fellow teacher in authority.

Jul 28, 2010tax lawtax credit certificatesexcise taxgood faith transfereebirsupreme court

Tax Credit Certificates: Good Faith Transferees Protected Despite Fraudulent Origins

Philippine Supreme Court rules that a good faith transferee of tax credit certificates cannot be reassessed when the original grantee committed fraud.

Jul 28, 2010documentary stamp taxtax refundstock subscriptionbirnational internal revenue codestamp tax

Documentary Stamp Tax on Stock Subscriptions: Lessons from JAKA Investments

The Supreme Court clarifies when documentary stamp tax attaches to stock subscriptions and why refund claims fail without clear proof.

Jul 28, 2010real-estate-law

Foreclosure Validity Loan Default AND Extrajudicial Process Under ACT 3135

Jul 28, 2010criminal lawstatutory rapeacts of lasciviousnessminorsrevised penal code

Protecting Minors: Conviction for Statutory Rape and Acts of Lasciviousness Affirmed

The Supreme Court affirms a conviction for statutory rape and acts of lasciviousness against minors, clarifying key legal principles on carnal knowledge and penalties.

Jul 27, 2010judicial ethicsadministrative lawsimple misconductcode of judicial conductjudges

Upholding Ethical Standards Disciplining Court Personnel For Gross Discourtesy And Unprofessional Conduct

The Supreme Court disciplines a judge for simple misconduct, emphasizing that judges must avoid impropriety and the appearance of impropriety in all activities.

Jul 27, 2010judicial conductadministrative lawcode of judicial conductimpartialitymisconduct

Judicial Conduct: Impartiality and the Appearance of Impropriety

A judge who dismissed a case without independent review and solemnized the accused's son's wedding faces administrative liability.

Jul 27, 2010freedom of expressionadministrative lawcivil servicemass actionpublic sector employeesgsis

Freedom of Expression vs Disruptive Mass Actions: Protecting Employee Rights in the Public Sector

The Supreme Court clarifies when public-sector employee gatherings are protected speech versus prohibited mass actions, and what evidence is needed.

Jul 27, 2010voluntary inhibitionjudicial discretionrule 137civil proceduredefault judgmentimpartiality

Voluntary Inhibition of Judges: When School Ties Alone Do Not Compel Disqualification

The Supreme Court clarifies that voluntary inhibition requires clear and convincing evidence of bias, not mere school affiliations or procedural disagreements.

Jul 26, 2010freight-forwardercommon-carriercogsapackage-limitationshipping-lawbill-of-lading

Freight Forwarder Liability and the $500 Package Limitation Rule in Shipping Disputes

Philippine Supreme Court ruling on when a freight forwarder becomes a common carrier and the COGSA package limitation rule.

Jul 26, 2010labor-lawfederation-electionunion-governancelabor-codeintra-union-dispute

Federation Employee Eligibility Navigating Union Governance AND Election Rules

Supreme Court ruling on federation employees running for union office, election jurisdiction, and the binding force of constitutions.

Jul 26, 2010labor-lawprocedural-due-processillegal-dismissalterminationtwin-notice-rulenominal-damages

Procedural Due Process in Termination: When Post-Complaint Actions Uphold Dismissal Legality

Philippine Supreme Court clarifies that notices sent after an illegal dismissal complaint may still satisfy procedural due process if not a mere afterthought.

Jul 26, 2010citizenshipimmigration1935 constitutionsupreme courtcommonwealth act 625natural-born

Citizenship Rights Protecting Filipino Identity Despite Procedural Lapses

A Supreme Court ruling on how procedural lapses in electing Philippine citizenship should not erase a person's Filipino identity and rights.

Jul 26, 2010civil-law

Compromise After Judgment Navigating Redemption Rights IN Agrarian Disputes

Jul 26, 2010labor lawpreventive suspensiondue processillegal dismissalnlrcmanagement prerogative

Preventive Suspension and Due Process: When Filing a Complaint Preempts Company Investigation

A look at Artificio v. NLRC on preventive suspension, due process, and the consequences of filing a dismissal complaint before a scheduled hearing.