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Showing 409–432 of 581 articles for “tro”

Upholding Ethical Standards in Court Liability for Discourtesy, Negligence, and Premature Judgments

A Supreme Court ruling on judicial misconduct in issuing TROs over customs seizure cases, reinforcing ethical standards for judges.

Civil Law Leases and Tenant Rights: Clarifying Landowner Control in Agrarian Reform

Supreme Court ruling on when civil law lessees may install tenants, and the limits of landowner control under agrarian reform laws.

Retroactivity vs Prospectivity: Protecting Vested Rights in Agrarian Reform Appeals

The Supreme Court clarifies when its ruling on the proper mode of appeal in agrarian cases applies, protecting vested rights.

Retroactivity of Remedial Laws: Clarifying the Period for Filing Certiorari Petitions

The Supreme Court clarifies when the 60-day period for filing certiorari petitions is counted, applying amended procedural rules retroactively.

Employer-Employee Relationship and Illegal Dismissal: The Control Test in Philippine Labor Law

Philippine Supreme Court clarifies the control test for employer-employee relationship and rules on illegal dismissal due to disease in Sy v. Court of Appeals.

False Promises, Broken Dreams: Illegal Recruitment and the Pursuit of Overseas Work

Illegal recruitment in large scale is a crime of economic sabotage. A Supreme Court ruling shows how false promises of jobs abroad destroy dreams.

Limits on Pre-Proclamation Controversies: Challenging Ballot Box Security in the Philippines

The Supreme Court held that missing padlocks on ballot boxes are not a valid pre-proclamation issue, limiting challenges to the face of the election returns.

Failure OF Election VS PRE Proclamation Controversy Safeguarding Electoral Integrity IN THE Armm

Retroactive Regular Employment: When Prior Service Counts Toward Benefits

Philippine Supreme Court ruling on when prior contractual service counts toward regular employment and CBA benefits under labor law.

Supreme Court Upholds Murder Conviction Despite Fugitive Status

The High Court affirms a murder conviction even as the accused remains at large, ruling on treachery, alibi, and the retroactive application of procedural rules.

Checks and Balances When Regional Prosecutors Overstep Local Authority in Preliminary Investigations

When can a regional prosecutor take over a city prosecutor's case? The Supreme Court clarifies the limits of supervision and control.

The Weight of a Minor's Testimony in Rape Cases: Credibility vs Presumption of Innocence

How Philippine courts weigh a minor rape victim's testimony against the presumption of innocence, and when delay in reporting does not destroy credibility.

When a Trial Judge Defies a Higher Court: Annulling a Decision Issued Despite a TRO

The Supreme Court annuls a trial court decision rendered in defiance of a Court of Appeals TRO, reaffirming judicial hierarchy and due process.

Silence Isn't Always Acquiescence: Examining Delays in Witness Testimony in Murder Cases

The Supreme Court explains why a witness's delayed report of a murder doesn't automatically destroy credibility, especially when fear of reprisal is involved.

Employee vs Independent Contractor: How the Control Test Decides Labor Disputes

Philippine Supreme Court clarifies the control test in distinguishing employees from independent contractors, using a movie theater painter's illegal dismissal case.

Rape Conviction Upheld: The Unreliability of Recantations in Rape Cases

Philippine Supreme Court affirms death penalty for incestuous rape, explaining why delayed reporting and retractions do not destroy a victim's credible testimony.

Judicial Ethics Under Scrutiny: Dismissal for Immorality and Misconduct

Supreme Court dismisses judge for illicit affair and courtroom drinking, reinforcing strict judicial ethics standards in the Philippines.

Credibility of Rape Victims: Affidavit of Desistance and Delay in Reporting

Philippine Supreme Court ruling on why delayed reporting and affidavits of desistance do not automatically destroy a rape victim's credibility.

Limits on Foreign Troops in Domestic Conflicts: The Balikatan 02-1 Ruling

The Supreme Court ruled that foreign troops may train and assist but cannot engage in offensive combat on Philippine soil without constitutional authority.

Mining Rights vs State Control: Balancing Private Investment and Public Interest in Diwalwal

The Supreme Court affirms that mining permits are privileges, not vested rights, and the State may study direct utilization of mineral resources.

Voting Rights of Assigned Shares: Ensuring Corporate Control in the Philippines

Philippine Supreme Court clarifies voting rights of assigned shares and how corporations can protect control through share restrictions and legal safeguards.

Public vs Private Sector: Defining Government Control in Anti-Graft Cases

When is a government employee a public officer? The Macalino case clarifies jurisdiction in anti-graft prosecutions.

Equitable Mortgage vs Pacto de Retro: Protecting Borrowers in Land Transactions

When is a deed of sale with right of repurchase actually an equitable mortgage? The Supreme Court explains in Blancia v. Calauor.

Who Pays When Rebellion Sparks Insurance Claims: Burden of Proof on Insurers

When fire destroys insured property, who must prove the cause? The Supreme Court clarifies insurers' burden in rebellion-related claims.