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Showing 337–360 of 581 articles for “tro”

Boundary-Hulog Agreements and Employer-Employee Relations: What Drivers Should Know

A boundary-hulog agreement does not automatically erase the employer-employee relationship. Control over the driver remains the key test.

When a Court Employee's Misconduct Outside the Courtroom Leads to Dismissal

The Supreme Court dismissed a court cashier for tampering with official receipts and misappropriating judiciary funds, reaffirming that integrity is required of all court personnel.

Indefeasibility of Torrens Titles in the Philippines: Fraud and the One-Year Rule Explained

Philippine Supreme Court ruling on Torrens title indefeasibility, the one-year fraud review period, and why titles from public land patents become incontrovertible.

Public vs Private Entities: Defining Government Control Over Philippine Corporations

The Supreme Court's ruling in Veterans Federation of the Philippines v. Reyes clarifies when a corporation is public and subject to government control.

Fiscal Autonomy of the Judiciary: Limits on DBM Control Over Court Positions

The Supreme Court affirms its fiscal autonomy and administrative supervision over court personnel, limiting DBM's power to alter judicial positions.

Independent Contractor OR Employee Philippine Supreme Court Clarifies Control Test IN Labor Disputes

Philippine Supreme Court clarifies the control test distinguishing independent contractors from employees in labor disputes, protecting worker rights.

Equitable Mortgage vs Pacto de Retro Sale: Philippine Real Estate Security Rules

Philippine Supreme Court clarifies when a deed of sale with right to repurchase is actually an equitable mortgage, protecting borrowers from losing property.

Why the Dispositive Portion of a Final Judgment Controls in Philippine Courts

A final judgment is immutable. The dispositive portion, not the body, controls. Learn the rule from Florentino v. Rivera.

Mootness in Philippine Courts: Understanding Case Dismissal and Justiciable Controversy

Learn how Philippine courts handle moot cases, the justiciable controversy requirement, and what Easycall v. King teaches about jurisdiction.

When Judges Are Sued for Issuing TROs: The Limits of Administrative Liability

The Supreme Court clarifies when judicial errors in issuing TROs are administrative offenses or mere judicial discretion.

Barangay Jurisdiction in Property Disputes: Residency of the Real Party in Interest Controls

The Supreme Court clarifies that the real party in interest's residency, not the attorney-in-fact's, determines barangay lupon jurisdiction over disputes.

Res Ipsa Loquitur in Property Damage: Employer Liability for Employee Negligence

When a car fire destroys property, res ipsa loquitur may shift the burden to defendants. Learn the rule from this Philippine Supreme Court case.

Budgetary Control vs Regional Autonomy: The Atitiw Ruling on Appropriations Law

The Supreme Court explains when a spending restriction in the GAA is a valid budgetary policy, not an unconstitutional rider.

How a Torrens Title Protects Your Right to Eject Unlawful Occupants in the Philippines

Learn how a Torrens title is the strongest proof of ownership in the Philippines and why it lets owners eject unlawful occupants from their property.

Certificate of Registration vs. Prior Title Claims: The Amante v. Serwelas Ruling on Vehicle Ownership

The Supreme Court in Amante v. Serwelas affirmed that a certificate of registration creates a strong presumption of ownership in property disputes.

Buying All Shares Does Not Transfer Corporate Property Ownership: Silverio v. Filipino Business Consultants

Philippine Supreme Court ruling: acquiring controlling shares of a corporation does not give a stockholder ownership or possession of corporate assets.

Municipality Liability for Excavation Accidents on National Roads

Philippine Supreme Court ruling on municipal liability for injuries from road excavations, even on national roads under municipal control.

Fiscal Autonomy vs Budgetary Control: Protecting Constitutional Commissions' Independence

The Supreme Court rules on the scope of fiscal autonomy for constitutional commissions, striking down the "no report, no release" policy.

Retroactive Application of Procedural Rules: The Fresh Period Rule for Certiorari Petitions

The Supreme Court clarifies that curative procedural rules apply retroactively, granting a fresh 60-day period for filing certiorari petitions after denial of reconsideration.

Judicial Impartiality When Family Ties Conflict With Legal Duty In The Courtroom

A judge who hears a case where his son-in-law appears as counsel violates mandatory disqualification rules, even if the outcome seems fair.

Jurisdiction in Unfair Competition Cases: RTC vs MTC Explained

Philippine Supreme Court clarifies that Regional Trial Courts, not Metropolitan Trial Courts, have jurisdiction over unfair competition cases under the Intellectual Property Code.

Retroactivity of Procedural Rules: Timely Justice in Estate Administration

The Supreme Court clarifies that procedural amendments apply retroactively, ensuring timely justice in estate administration cases.

Judicial Discretion vs Abuse: When Judges Overstep in Issuing Restraining Orders

Explore the Supreme Court ruling on when a judge's issuance of a TRO without bond or application constitutes grave abuse of discretion.

Governor vs Vice-Governor: Who Approves Sanggunian Purchases and Appointments?

Supreme Court clarifies the dividing line between a governor's executive control and a vice-governor's authority over Sangguniang Panlalawigan operations.