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Showing 265–288 of 581 articles for “tro”

Reconstitution of Lost Torrens Titles: Strict Evidentiary Requirements Under RA 26

The Supreme Court in Republic v. Lagramada reminds courts and litigants that reconstitution of lost or destroyed Torrens titles demands strict, official proof of ownership.

Jurisdictional Boundaries Resolving Labor Disputes Involving Government Chartered Corporations

A Supreme Court ruling clarifies that labor disputes in government-owned or controlled corporations with original charters fall under the Civil Service Commission, not the NLRC.

Reconstitution of Lost Land Titles: When Proof of Loss Is Enough Under Philippine Law

The Supreme Court clarifies when lost or destroyed land titles can be reconstituted, balancing strict legal requirements with practical realities of fire and calamity.

Local Taxing Powers vs National Policy: Navotas Cannot Tax Petroleum Sales

Supreme Court rules local governments cannot impose business taxes on petroleum products under (h) of the Local Government Code.

Simple vs Destructive Arson: Intent, Information Adequacy, and Penalty

Philippine Supreme Court clarifies simple vs destructive arson, emphasizing the information's allegations control the crime charged and penalty.

Upholding Due Process: The Limits of Retroactive Application in Behest Loan Cases

Supreme Court affirms Ombudsman's dismissal of behest loan charges, clarifying that administrative orders defining behest loans are not penal laws and cannot retroactively criminalize past transaction

Pre-Proclamation Controversies in Senatorial Races: Pimentel v. COMELEC Explained

The Supreme Court in Pimentel v. COMELEC limits pre-proclamation challenges in senatorial races, directing disputes to election protests instead.

Retroactive Application of Penal Laws Favoring the Accused in Illegal Firearm Possession

When a new penal law favors an accused, it applies retroactively. The Supreme Court explains this rule in an illegal firearm possession case.

Reconstitution of Title: Strict Proof Required for Lost or Destroyed Land Titles in the Philippines

Philippine Supreme Court clarifies strict requirements for reconstitution of lost or destroyed land titles under RA 26, emphasizing proof of original title issuance.

Protecting Children Credibility IN Rape AND Lasciviousness Cases Involving Minors

The Supreme Court affirms that minor inconsistencies do not destroy a child rape victim's credibility, explaining why delay in reporting is justified.

Abandonment in Election Protests: Legarda v. De Castro and the Effect of Subsequent Candidacy

PET dismisses Legarda's VP protest against De Castro on abandonment and evidentiary grounds, clarifying election protest rules.

Writ of Possession as Ministerial Duty: Rayo v. Metrobank on Due Process Limits

The Supreme Court affirms that a writ of possession after extrajudicial foreclosure is a ministerial duty, even if issued ex parte. Learn the limits of due process claims.

Family Feuds and Corporate Control: Navigating Share Ownership Disputes in Philippine Corporations

The Supreme Court clarifies how Philippine courts resolve family disputes over corporate shares, trusts, and injunctions.

Retroactivity of Remedial Laws: Fresh 60-Day Period in Certiorari Petitions

Philippine Supreme Court explains why curative procedural rules apply retroactively, giving litigants a fresh 60-day period to file certiorari petitions.

FAX Transmissions Are Not Electronic Evidence: MCC Industrial Sales v. Ssangyong

The Supreme Court clarifies that ordinary fax transmissions are not electronic evidence under R.A. 8792, but photocopies may still be admitted under the Rules of Court.

Business Closure Due to Fire: Employer Prerogative vs. Employee Rights

When fire destroys a business, can employees claim illegal dismissal? The Supreme Court explains the rules on closure and separation pay.

Elections Held Despite a TRO Are Not Automatically Void: Supreme Court Clarifies

The Supreme Court explains when an election held in defiance of a temporary restraining order may be annulled, and when it may stand.

Positive Identification and Witness Credibility in Murder Cases: Why Trial Court Assessment Matters

In People v. Bustamante, the Supreme Court affirmed a murder conviction, ruling that delayed witness identification and minor inconsistencies do not destroy credibility.

Distinguishing Employees From Independent Contractors: The Control Test in Philippine Labor Law

Philippine Supreme Court explains the control test for distinguishing employees from independent contractors in labor law disputes.

Independent Contractor vs Employee: The Control Test in Philippine Labor Disputes

Philippine Supreme Court clarifies the control test distinguishing independent contractors from employees in labor disputes, using a restroom concessionaire case.

Indefeasibility of Title: Why Land Ownership Can't Be Attacked Decades After Registration

A Torrens title becomes incontrovertible after one year. Learn why a collateral attack on a 1973 title failed in Ingusan v. Heirs of Reyes.

Election Protests and the Five-Day Rule: Why Timely Appeals Matter in Barangay Election Cases

A Supreme Court ruling shows why a late motion for reconsideration in a barangay election protest can be fatal, even when the merits seem strong.

Navigating Traffic: MMDA Authority and the Limits of Executive Action on Metro Manila Bus Terminals

The Supreme Court ruled on the limits of MMDA authority and executive power in ordering the closure of provincial bus terminals along EDSA.

Mandatory Tender Offers Protecting Minority Shareholders In Indirect Acquisitions

Philippine Supreme Court ruling that indirect acquisitions triggering control of a public company require a mandatory tender offer.