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 11425–11448 篇,共 24,769 篇文章

排序:最新最早
Oct 5, 2009judiciaryadministrative casehabitual absenteeismcivil servicesupreme court

Habitual Absenteeism in the Philippine Judiciary: What the Supreme Court Says

Explore how the Supreme Court treats habitual absenteeism among judges and court personnel, and the disciplinary consequences under Philippine law.

Oct 5, 2009rapecriminal lawmentally retarded victiminsanity defensewitness credibilitystatutory rape

Protecting the Vulnerable: Rape Conviction Upheld for Abuse of a Mentally Retarded Woman

Supreme Court affirms rape conviction of a man who sexually abused a mentally retarded woman, clarifying rules on witness credibility and insanity defenses.

Oct 3, 2009election-lawpre-proclamation-controversyelection-returnscomeleccanvass

Minor Defects in Election Returns Do Not Justify Exclusion from Canvass

The Supreme Court rules that minor defects in election returns are not grounds for exclusion in a pre-proclamation controversy.

Oct 2, 2009criminal-lawrapereasonable-doubtcircumstantial-evidenceacquittalsupreme-court

Reasonable Doubt Prevails: Acquittal in Rape Case Built on Circumstantial Evidence

Supreme Court acquits rape accused where prosecution evidence failed to overcome reasonable doubt, emphasizing rigorous scrutiny of complainant's testimony.

Oct 2, 2009administrative-law

Government Employee Benefits THE Limits OF Mandamus AND Garnishment Against Public Funds

Oct 2, 2009documentary stamp taxspecial savings depositcertificates of depositbirtax lawchina banking corporation

Documentary Stamp Tax: When Special Savings Deposits Are Certificates of Deposit Drawing Interest

The Supreme Court rules that special savings deposits with fixed-term features are "certificates of deposit drawing interest" subject to documentary stamp tax.

Oct 2, 2009attorney-client privilegeconflict of interestlegal ethicscode of professional responsibilitycorporation codedisbarment

Attorney-Client Privilege: When Confidentiality and Conflicts of Interest Are Not Violated

The Supreme Court clarifies when a lawyer's use of client information and representation of a former client's adversary does not breach professional ethics.

Oct 2, 2009real-estate-lawbreach-of-contractsubdivision-developerhlurbassignees-rightsdamages

Breach of Contract Assignees Rights and Developer Liability for Erroneous Construction

Philippine Supreme Court ruling on developer liability for erroneous construction and the rights of lot buyers as assignees.

Oct 2, 2009criminal-lawrapeforce-and-intimidationconsentphilippine-jurisprudence

When Silence Does Not Mean Consent: Self-Defense and Resistance in Philippine Rape Law

In People v. Madeo, the Supreme Court explains why a rape victim's failure to shout or resist does not prove consent, and how force and intimidation are assessed.

Oct 2, 2009civil-lawfinal-judgmentimmutability-of-judgmentproperty-disputeattorney's-feesphilippine-law

Final Judgments Are Immutable: Withdrawal of Complaint and Property Dispute Rights

Learn how the Supreme Court protected a final judgment from modification in a property dispute, and what this means for your rights.

Oct 2, 2009criminal-lawdrug-caseschain-of-custodyra-9165buy-bustacquittal

Compromised Evidence Acquittal in Drug Cases Due to Procedural Lapses in Chain of Custody

The Supreme Court acquits a drug suspect after police failed to follow the chain of custody rule under RA 9165.

Oct 2, 2009illegal dismissalabandonment of worklabor lawdue processterminationemployee rights

When Illness Leads to Dismissal: Proving Abandonment in Philippine Labor Law

Philippine Supreme Court ruling on illegal dismissal, abandonment of work, and employer's burden of proof in termination cases.

Oct 2, 2009labor-lawillegal-dismissalemployer-employee-relationshipprocedural-due-processsecurity-guardslabor-code

Procedural Due Process and Employee Dismissal: When a Security Agency Contract Ends

When a security agency contract ends but guards remain on post, who is the employer? The Supreme Court clarifies control, due process, and liability.

Oct 2, 2009criminal lawrapereasonable doubtevidencecredibilityphilippine supreme court

Reasonable Doubt and Rape Allegations: Lessons from People v. Bacus on Circumstantial Evidence

When can physical impossibility and medical findings overcome a rape accusation? The Supreme Court's acquittal in People v. Bacus explains.

Oct 2, 2009eminent domainagrarian reformjust compensationland valuationra 6657dar

Government Contracts and Eminent Domain: Scrutinizing Good Faith in Land Acquisition

Philippine Supreme Court clarifies that just compensation in agrarian reform must follow RA 6657 and DAR formulas, not market data alone.

Oct 2, 2009labor-lawgender-equalityretirement-agecollective-bargaining-agreementjurisdictiondiscrimination

Gender Equality in Retirement: Challenging Discriminatory Collective Bargaining Agreements

When can a flight attendant challenge a discriminatory retirement age in court? The Supreme Court clarifies jurisdiction over CBA provisions.

Oct 2, 2009election offensesprobable causecomelecomnibus election codedisqualificationvote-buying

Election Offenses and Probable Cause: The COMELEC's Role in Safeguarding Electoral Integrity

The Supreme Court clarifies the COMELEC's authority to find probable cause for election offenses and its limits on disqualification cases after proclamation.

Oct 2, 2009criminal-law

Rape Overcoming Fear AND Intimidation Through Testimony

Oct 2, 2009speedy trialdemurrer to evidencecriminal procedureright to present evidencemotion to dismissphilippine supreme court

Speedy Trial vs Demurrer to Evidence: Protecting the Accused's Rights in the Philippines

Philippine Supreme Court clarifies the distinction between a motion to dismiss for speedy trial violation and a demurrer to evidence, protecting accused rights.

Oct 2, 2009labor-lawillegal-dismissalabandonmentterminationdue-process

Illegal Dismissal: Employer Must Prove Abandonment With Clear Intent to Sever Employment

Philippine Supreme Court clarifies that employers must prove both absence and clear intent to sever employment to establish abandonment.

Oct 2, 2009criminal-lawdangerous-drugsbuy-bustillegal-saleillegal-possessionchain-of-custody

Possession vs. Sale: Proving the Distinction in Drug Cases

The Supreme Court clarifies why illegal sale and illegal possession of drugs are separate crimes requiring distinct proof, acquitting on one charge.

Oct 2, 2009naturalizationgrave abuse of discretioncertioraricitizenshipcivil lawsupreme court

Naturalization Denied: Understanding Grave Abuse of Discretion in Citizenship Petitions

A Supreme Court ruling clarifies when certiorari is proper in naturalization cases and why appeal, not certiorari, is the correct remedy.

Oct 2, 2009labor lawemployer-employee relationshipcontrol testillegal dismissalsecurity guards

Employer Control Determines Employment Status: The PLDT Security Guard Case

When a security agency's contract ends but guards remain at their posts under the principal's direction, an employer-employee relationship may arise.

Oct 2, 2009criminal-lawstatutory-rapewitness-testimonyevidencepolice-blottersupreme-court-ruling

Positive Identification Prevails: Police Blotter Discrepancies Do Not Nullify Witness Testimony

Philippine Supreme Court ruling clarifies that minor inconsistencies in police blotter entries do not automatically destroy a victim's credible, positive identification of the accused.