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Showing 289–312 of 581 articles for “tro”

Mandatory Tender Offers and Indirect Acquisitions: Protecting Minority Shareholders

The Supreme Court ruled that indirect acquisitions triggering control of a public company are subject to the mandatory tender offer rule.

Reconstitution of Lost Titles: Supreme Court Clarifies Standards in Faustino Co Shu Kiam v. Republic

Supreme Court clarifies rules on reconstitution of lost certificates of title, balancing strict compliance with practical realities of destroyed land records.

Presidential Authority and Government Reorganization Scope and Limitations

The Supreme Court affirms the President's broad power to reorganize executive departments, citing constitutional control, statutory grants, and good faith requirements.

Fortuitous Events and Loan Obligations: DBP vs. Spouses Calina

A typhoon destroyed a financed fishing boat, but the borrowers still had to repay their loan. The Supreme Court explains why.

Retroactivity of Laws in Eminent Domain: When New Legislation Meets Pending Expropriation

Explains when new laws apply retroactively in eminent domain cases, citing the Supreme Court ruling in Spouses Lintag v. NPC.

Deposition Deadlines in Intra-Corporate Cases: Philippine Computer Solutions v. Hernandez

The Supreme Court clarifies the 15-day discovery period under the Interim Rules on Intra-Corporate Controversies and the rule on interlocutory orders.

Possession Beyond Ownership: Constructive Possession in Drug Cases

The Supreme Court explains constructive possession in drug cases—control and dominion matter more than ownership. Learn the rules from Quelnan v. People.

When a Judge Oversteps: Jurisdiction, Due Process, and the Case of Judge Rojas

A judge who issued a TRO against a co-equal agency's final ruling and ignored indispensable parties was suspended for gross ignorance of the law.

Equitable Mortgage vs Pacto de Retro: Protecting Borrowers From Unfair Land Seizure

When is a "sale with right to repurchase" really a loan? The Supreme Court explains equitable mortgage protections for Filipino landowners.

The Limits of Judicial Discretion: Safeguarding Due Process in Administrative Proceedings

When can a court issue a TRO in administrative cases? The Supreme Court clarifies the strict rules on temporary restraining orders and judicial discretion.

Manifest Error or Falsification: The Scope of Pre-Proclamation Controversies in Philippine Elections

The Supreme Court clarifies the limits of pre-proclamation controversies, distinguishing correctible manifest errors from election protests requiring evidence aliunde.

Credibility in Buy-Bust Operations: Minor Inconsistencies Do Not Destroy a Conviction

Minor inconsistencies in police testimony do not weaken a buy-bust conviction when the essential facts are consistent and credible.

Best Evidence Rule: Photocopies vs Electronic Documents in Philippine Courts

Philippine Supreme Court clarifies when photocopies qualify as electronic evidence and why the best evidence rule still applies.

Challenging Election Results: Pre-Proclamation Controversies and Void Proclamations

Learn when a pre-proclamation controversy can be filed after proclamation, and why a void proclamation is no proclamation at all.

Petrochemical Plant Location in the Philippines: Site Exclusivity and Investment Law

The Supreme Court rules on whether Bataan is the exclusive site for petrochemical plants under P.D. Nos. 949 and 1803.

Right of Way and Fair Compensation: When Attorney's Fees and Exemplary Damages Are Not Warranted

The Supreme Court clarifies when attorney's fees and exemplary damages may be awarded, reversing an award against Petron Corporation in a property dispute.

Preliminary Investigation Rights and the Definition of Rape: Key Lessons from De Castro

Learn when the right to preliminary investigation is waived and why finger insertion constitutes rape through sexual assault under Philippine law.

Urban vs Agricultural Pesticides: Understanding FPA Jurisdiction in the Philippines

The Supreme Court clarifies that the Fertilizer and Pesticide Authority regulates only agricultural pesticides, not urban pest control products.

Indirect Contempt in the Philippines: Why Proper Procedure Matters in Wage Orders

A look at how the Supreme Court ruled on procedural lapses and the validity of Wage Order No. R02-03 in Metrobank v. NWPC.

Control Test and Regular Employment: When a Retainer Is Not an Employer-Employee Relationship

The Supreme Court explains when a company doctor under a retainer agreement is not a regular employee under the control test.

Fresh Period Rule for Appeals: The First Aqua Sugar Traders Case

The Supreme Court clarifies that a motion for reconsideration grants litigants a fresh 15-day period to appeal, applying the Neypes doctrine retroactively.

Declaratory Relief in the Philippines: When Can You Ask Courts to Clarify Your Rights

Learn when Philippine courts allow declaratory relief actions, including the requirements of justiciable controversy and ripeness, based on a 2007 Supreme Court ruling.

Moonlighting and Misconduct: When a Second Job Leads to Legal Trouble in the Philippines

Philippine Supreme Court ruling on loss of trust and confidence as just cause for dismissing managerial employees who engage in misconduct.

Walking the Tightrope: How Unjustified Absences Can Lead to Legal Dismissal in the Philippines

Understand when prolonged absences become abandonment of work and justify legal dismissal under Philippine labor law.