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 1369–1392 篇,共 24,625 篇文章

排序:最新最早
Feb 15, 2022tax lawbureau of internal revenuetax assessmentprescriptionwaivercourt of tax appeals

Tax Assessment Validity: Waivers and Due Dates Under Scrutiny

The Supreme Court nullified BIR deficiency assessments for First Gas Power due to defective waivers and missing due dates, clarifying prescriptive period rules.

Feb 15, 2022vawc lawpsychological violencefinancial supportra 9262criminal lawsupreme court

Financial Support and Psychological Violence: Understanding the Limits of the VAWC Law

The Supreme Court clarifies that mere failure to provide financial support is not enough for conviction under the VAWC Law's psychological violence provision.

Feb 15, 2022administrative-lawcertiorariprocedural-rulesdue-processlabor-lawsupreme-court

Balancing Efficiency and Due Process: The 60-Day Certiorari Rule in Court Operations

Examining Puregold v. Court of Appeals, which underscores the strict 60-day period for certiorari and the binding effect of counsel's receipt of orders.

Feb 15, 2022judicial clemencysupreme courtadministrative lawjudgesretirement benefits

Judicial Clemency in the Philippines: When Can a Dismissed Judge Be Forgiven

The Supreme Court explains the rules and requirements for judicial clemency, including the five-year minimum period before a dismissed judge can seek forgiveness.

Feb 15, 2022criminal lawrapeappealsrules of courtreclusion perpetuasupreme court

Navigating the Nuances of Rape Convictions and Appeals in Philippine Law

The Supreme Court clarifies appeal rules for rape convictions with reclusion perpetua, and the limits of automatic review.

Feb 15, 2022certiorariprescriptionmedical malpracticecivil coderule 45supreme court

Certiorari Deadlines Strict Enforcement IN Philippine Courts

Philippine Supreme Court clarifies medical malpractice prescription and strict procedural deadlines for certiorari petitions under Rule 45.

Feb 15, 2022medical negligenceprescriptionquasi-delictcivil codesupreme courtpatient rights

Time Limits in Medical Negligence Claims: Understanding Prescription in Philippine Law

When does a medical negligence claim expire in the Philippines? The Supreme Court clarifies the four-year prescription period for tort-based actions.

Feb 15, 2022judicial clemencysupreme courtadministrative lawjudgesreformation

Judicial Clemency After Dismissal: The Supreme Court’s Refined Standards

The Supreme Court refines the rules on judicial clemency for dismissed judges, requiring proof of remorse, reformation, and a five-year minimum period.

Feb 15, 2022family lawpsychological incapacitydeclaration of nullityfamily codesupreme court

Psychological Incapacity in Philippine Marriages: The Claur Case Explained

The Supreme Court clarifies psychological incapacity as a legal concept in nullifying marriages, applying the Tan-Andal guidelines.

Feb 15, 2022speedy dispositionpreliminary investigationombudsmansandiganbayancriminal procedureconstitutional rights

Speedy Disposition of Cases: When Inordinate Delay Leads to Dismissal

The Supreme Court clarifies when delay in preliminary investigation violates the constitutional right to speedy disposition of cases, leading to dismissal.

Feb 15, 2022election-lawspeedy-dispositionsandiganbayanombudsmanpreliminary-investigationconstitutional-rights

Inordinate Delay in Election Offense Cases: Protecting Your Right to Speedy Disposition

Learn how the Supreme Court protects the right to speedy disposition of cases, using the Figueroa v. Sandiganbayan ruling as a guide.

Feb 15, 2022legal ethicsconflict of interestattorney sanctionscode of professional responsibilitysupreme courtadministrative case

Balancing Justice and Compassion: When Can Attorney Sanctions Be Reduced

A lawyer’s sincere remorse and restitution can reduce a suspension, but not erase the wrong done to the profession.

Feb 15, 2022extinctive prescriptionland ownershipprescriptioncivil lawland registrationtorrens system

Extinctive Prescription and Land Ownership When Delay Bars Recovery

When does delay bar recovery of land? The Supreme Court clarifies extinctive prescription and the rules on land ownership and registration.

Feb 15, 2022seafarer disabilitypoea-secwork-related presumptionthird-doctor referralmaritime lawnlrc

Overcoming the Presumption in Seafarer Disability Claims and Employer Responsibilities in the Philippines

Philippine Supreme Court clarifies the disputable presumption of work-relatedness in seafarer disability claims, and the mandatory third-doctor referral rule.

Feb 15, 2022labor-lawgovernment-employee-compensationnon-diminution-of-benefitspcsocommission-on-auditsalary-standardization-law

Diminution of Benefits: Government Employee Compensation and PCSO Board Authority

SC ruling on PCSO allowances disallowed by COA: board authority limits, non-diminution of benefits, and officer liability explained.

Feb 15, 2022foreign judgmentscivil procedureconflict of lawscomityservice of summons

Enforcing Foreign Judgments Philippine Courts Balance Comity AND Domestic Policy

Philippine Supreme Court clarifies rules on enforcing foreign judgments, service of summons, and limits on interest awards.

Feb 15, 2022quantum meruitgovernment contractscommission on auditprocurement lawmoney claims

Quantum Meruit: Fair Compensation for Government Contracts Despite Procedural Flaws

When can a contractor recover payment for services rendered to the government despite an invalid contract? The Supreme Court explains quantum meruit.

Feb 15, 2022civil liabilitypublic officialsnegligencesandiganbayanlocal governmentanti-graft

Accountability Prevails Public Officials Held Civilly Liable Despite Acquittal In Illegal Funds Transfer Case

Acquittal in a criminal case does not erase civil liability. The Supreme Court explains why public officials must still answer for negligent handling of public funds.

Feb 14, 2022administrative lawombudsmansimple neglectpublic officerscondonation doctrine

Simple Negligence vs Dishonesty: Upholding Public Trust in Government Service

A look at how the Supreme Court treats simple neglect of duty versus dishonesty, and why Ombudsman decisions in administrative cases must be executed promptly.

Feb 14, 2022constructive dismissallabor lawseafarerresignationpoea standard contract

Constructive Dismissal: Defining Unbearable Working Conditions in Philippine Labor Law

When does a difficult work environment become constructive dismissal? The Supreme Court clarifies the test in a seafarer's resignation case.

Feb 14, 2022collective bargaining agreementlabor lawmanagement prerogativenon-diminution of benefitsservice awardvoluntary arbitration

CBA-Protected Benefits: When Management Prerogative Cannot Override the Collective Bargaining Agreement

Philippine Bank of Communications v. PBCOMEA: benefits written into a CBA cannot be unilaterally changed by management without union participation.

Feb 14, 2022administrative lawdue processlicense revocationdishonestysimple negligencecivil service

Revocation of Teacher’s License, Exhaustion of Administrative Remedies, and Due Process

The Supreme Court clarifies due process in administrative cases and the distinction between dishonesty and simple negligence in license revocation proceedings.

Feb 14, 2022maritime lawseafarer rightsdisability benefitspoea-seclabor law

Upholding Seafarer Rights: Employers Must Issue Clear Disability Assessment

Supreme Court rules a company doctor's vague medical report cannot defeat a seafarer's claim for total and permanent disability benefits.

Feb 14, 2022eminent domainjust compensationexpropriationproperty lawra 8974zonal valuation

Just Compensation in Expropriation: Lessons from the Jaro Floodway Case

The Supreme Court clarifies how just compensation is determined in expropriation cases, including the role of zonal values and interest rates.