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显示第 1129–1152 篇,共 24,621 篇文章

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Jul 11, 2022criminal-lawwarrantless-arrestillegal-possession-of-firearmexclusionary-ruleconstitutional-rightssearch-and-seizure

Unlawful Arrests and Inadmissible Evidence: Protecting Constitutional Rights in Firearm Cases

Warrantless arrest based on a hearsay tip, without immediacy, makes seized firearms inadmissible and warrants acquittal.

Jul 6, 2022labor-lawillegal-dismissalserious-misconducttheftcompany-propertydisciplinary-action

Theft of Company Property: Balancing Employee Rights and Employers' Disciplinary Prerogative

Supreme Court clarifies when theft of company property justifies dismissal, balancing employer discipline with proportional penalties for erring employees.

Jul 6, 2022trafficking in personsanti-trafficking lawprostitutionqualified traffickingcybercrimerape

Trafficking in Persons for Prostitution Is a Crime Even If Intercepted Before Exploitation

Supreme Court clarifies that recruitment for prostitution constitutes trafficking in persons even if the intended exploitation is intercepted.

Jul 6, 2022sequestrationdue processpresidential commission on good governmentsandiganbayancivil procedureill-gotten wealth

Finality of Dismissal and Due Process in Sequestration Cases

When a sequestration case is dismissed with finality, the writ dissolves and property must be returned, upholding due process.

Jul 6, 2022labor-lawregular-employmentillegal-dismissalprobationary-employmentsecurity-of-tenurelabor-code

Regular Employment Status and Illegal Dismissal: Employee Rights After Probation

Philippine Supreme Court clarifies when probationary employees become regular and the rights they gain against illegal dismissal.

Jul 6, 2022corporate lawcustoms fraudpiercing corporate veilofficer liabilitycorporate governance

Corporate Officers Held Liable for Customs Fraud Piercing the Corporate Veil

Learn how Philippine courts pierce the corporate veil to hold officers liable for customs fraud, and what this means for corporate governance.

Jul 6, 2022foreign divorcefamily codearticle 26recognition of foreign judgmentjapanese divorceevidence

Foreign Divorce Recognition: Proving Japanese Law in Philippine Courts

Philippine Supreme Court clarifies proof requirements for recognizing foreign divorces, remanding a Filipina's case for further evidence on Japanese law.

Jul 6, 2022maritime-lawseafarer-disabilitycba-benefitspoea-secvoluntary-arbitrationemployer-obligations

Seafarers Disability Accident CBA Benefits and Employer Obligations in Maritime Employment

When a CBA governs seafarer disability, its better benefits prevail over the POEA-SEC, and employers must timely issue final medical assessments.

Jul 6, 2022anti-graftmining lawlocal governmentusurpation of powerscriminal law

Balancing Local Authority and National Mining Rights: The Luisito Marty Case

A mayor's refusal to issue mining permits tested the line between local autonomy and national mining law. The Supreme Court's ruling explained.

Jul 6, 2022agrarian reformcarpretention rightsra 6657land distributionproperty law

Heirs of Landowners Under CARP: No Separate Retention Rights After 1988

Supreme Court rules heirs of landowners who died after 1988 cannot claim separate retention rights under CARP; only the decedent's five-hectare limit applies.

Jul 6, 2022maritime lawseafarer disabilitypoea-sectotal permanent disabilitycba benefitssupreme court

Abandonment of Medical Treatment Impact on Seafarer Disability Claims

How a company doctor's failure to issue a timely disability assessment affects a seafarer's claim for total and permanent disability benefits.

Jul 6, 2022labor-lawillegal-dismissalburden-of-proofsubstantial-evidencedue-processhearsay

Weighing Hearsay: The Burden of Proof in Employee Dismissal Cases

An employer must prove just cause for dismissal with substantial evidence, not mere hearsay or uncorroborated affidavits.

Jul 6, 2022speedy dispositionconstitutional rightscriminal procedureombudsmansandiganbayaninordinate delay

Justice Delayed Is Justice Denied: The Right to Speedy Disposition of Cases in the Philippines

The Supreme Court explains when inordinate delay violates the constitutional right to speedy disposition of cases, with practical guidance.

Jul 6, 2022speedy dispositioninordinate delaysandiganbayanfertilizer fund scamombudsmancriminal procedure

Speedy Disposition Right Prevails Over Six-Year Delay in Fertilizer Fund Scam Case

The Supreme Court ruled that a six-year delay in preliminary investigation violates the constitutional right to speedy disposition of cases, warranting dismissal.

Jul 6, 2022speedy-dispositionpreliminary-investigationtrust-receiptsestafacriminal-proceduredue-process

Speedy Disposition vs Protracted Process When Delay Deprives Justice in Anti-Graft Cases

The Supreme Court clarifies when delay in preliminary investigation violates the right to speedy disposition, distinguishing mere mathematical reckoning from actual prejudice.

Jul 6, 2022human traffickinganti-trafficking actra 9208ra 10364qualified traffickingcybercrime

Human Trafficking Consent and the Anti-Trafficking in Persons Act

The Supreme Court clarifies that a victim's consent is irrelevant in human trafficking cases under RA 9208, as amended by RA 10364.

Jul 6, 2022customs fraudcorporate criminal liabilitytariff and customs codetax evasionsupreme court

Corporate Officers Criminally Liable for Customs Fraud: Fernandez v. People

Corporate officers cannot hide behind a corporation to escape criminal liability for customs fraud, the Supreme Court ruled in Fernandez v. People.

Jul 6, 2022trust receiptsestafapd 115criminal lawbankingsupreme court

Trust Receipts and Criminal Liability: When a Loan Becomes Estafa Under PD 115

The Supreme Court clarifies when a trust receipt transaction creates criminal liability for estafa, not just civil liability, under PD 115.

Jul 6, 2022criminal-lawhearsay-exceptionsdying-declarationres-gestaemurderevidence

Dying Declarations vs Res Gestae: Hearsay Exceptions in Philippine Murder Cases

The Supreme Court clarifies when a victim's dying words are admissible—as a dying declaration or as res gestae—in a murder conviction.

Jul 6, 2022trust receiptsestafapresidential decree 115criminal lawrevised penal codebanking law

Trust Receipts and Estafa: Upholding Criminal Liability for Breach of Trust

Supreme Court clarifies that failure to turn over goods or proceeds under trust receipts is estafa under PD 115, not mere civil liability.

Jul 6, 2022family lawdivorcearticle 26family codeforeign judgmentrecognition

Divorce Abroad and Filipino Spouses: Recognizing Foreign Judgments Under Article 26 of the Family Code

The Supreme Court clarifies when Philippine courts recognize foreign divorces obtained by Filipino spouses and their alien partners under Article 26.

Jul 6, 2022co-ownershipforcible entryejectmentproperty lawcivil lawarticle 487

Co-Ownership and Ejectment: When a Co-Owner Can Be Evicted for Forcible Entry

A co-owner who forcibly takes exclusive possession of common property can be ejected. Learn the rules on co-ownership and forcible entry from a 2022 Supreme Court ruling.

Jul 6, 2022customs fraudcorporate liabilitytariff and customs codetax evasioncriminal law

Corporate Officers Cannot Hide Behind Corporate Veil in Customs Fraud Cases

Supreme Court ruling on corporate officer liability for customs fraud through misdeclaration and undervaluation of imported goods.

Jul 6, 2022contract-lawassignmentrelativity-of-contractscivil-codephilippine-supreme-court

Assignment Deeds and Third-Party Liability: When a Conforme Signature Does Not Bind

A developer's conforme signature on a deed of assignment does not make it liable for the assignor's loan obligations.