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Showing 433–456 of 581 articles for “tro”

Judicial Ethics: When a Courtroom Brawl Leads to Sanctions for Unbecoming Conduct

A Supreme Court ruling on two judges fighting over a table, and the ethical standards expected of every magistrate.

The Control Test in Illegal Dismissal Cases: De los Santos v. NLRC

How Philippine courts determine the real employer using the control test, and why a labor-only contractor cannot shield a company from liability.

Funding Education Balancing Local Control AND National Mandates IN Special Education Fund Usage

Supreme Court clarifies which teacher salaries and scholarship grants may be charged to a local government's Special Education Fund.

Usury Under Scrutiny: How the Supreme Court Uncovers Hidden Interest in Loan Agreements

In First Metro Investment Corp. v. Este del Sol, the Supreme Court exposed underwriting and consultancy fees as cloaks for usurious interest in a 1978 loan.

Delayed Reporting in Statutory Rape: When Delay Does Not Destroy Victim Credibility

Philippine Supreme Court ruling on why delayed reporting of statutory rape does not automatically undermine a minor victim's credibility.

Unlicensed Firearm Use in Murder: Retroactive Law and Double Jeopardy Explained

Philippine Supreme Court ruling on retroactive application of R.A. 8294 and its effect on separate charges for illegal firearm possession.

The Limits of Property Rights: Ensuring Due Process in Demolition Cases

A judge's 20-day ex parte TRO violated due process. Learn the rules on temporary restraining orders in property disputes.

Upholding Attorney Accountability: Judge Fined for Improper Ex Parte TRO Issuance

Supreme Court holds judge liable for issuing 20-day TRO without summary hearing, violating Administrative Circular No. 20-95.

Reasonable Doubt and Malversation: Rebutting the Presumption of Guilt

How a disbursing officer's stroke rebutted the presumption of malversation, showing proof beyond reasonable doubt still matters.

Wage Disputes and Managerial Prerogatives: Balancing Labor Rights and Business Realities

In LMG Chemicals v. Secretary of Labor, the Supreme Court upheld a wage increase and retroactive CBA, clarifying the limits of an employer's financial-loss defense.

Beyond the Ballot: The Limits of Pre-Proclamation Authority in Philippine Elections

Pre-proclamation controversies have strict limits under Philippine election law. This article explains when COMELEC can act and when courts take over.

Upholding Labor Tribunal Authority Regular Courts Barred From Enjoining Nlrc Decisions

Philippine Supreme Court affirms that regular courts cannot issue TROs against NLRC decisions, holding a judge liable for gross ignorance of the law.

Judicial Overreach: When Regular Courts Overstep Labor Disputes

Supreme Court ruling on when regional trial courts overstep jurisdiction by issuing TROs in labor cases, explained for lay readers.

Lawyer's Courtroom Conduct and Disciplinary Liability Under the CPRA

A Supreme Court ruling on lawyer discipline clarifies duties to courts, consequences of misconduct, and how penalties apply to disbarred attorneys.

Retroactivity of Procedural Rules: Clarifying the Timeline for Certiorari Petitions

The Supreme Court clarifies that amended procedural rules on the 60-day certiorari period apply retroactively to pending cases.

Certiorari 60-Day Period Counted From Denial of Reconsideration

The Supreme Court clarifies that the 60-day certiorari period runs from denial of reconsideration, applying procedural rules retroactively.

Judicial Ethics Under Scrutiny: Accountability for Misconduct Outside the Courtroom

A look at how the Supreme Court treats judicial misconduct committed outside court, and what it means for public trust in the judiciary.

Sequestered Shares and Ownership Disputes: Lessons from Republic v. Arambulo

A Sandiganbayan ruling on sequestered Piedras Petroleum shares reached the Supreme Court, clarifying how ownership is proven when the State sequesters stock.

Abuse of Rights When a TRO Nullifies Legitimate Actions

Philippine Supreme Court ruling on how ignoring a TRO turns a lawful act into an abuse of rights, creating liability for damages.

Retroactive Application of Procedural Rules: Timely Filing of Certiorari Petitions in Labor Disputes

Learn how the Supreme Court applied A.M. No. 00-2-03-SC retroactively, allowing a late certiorari petition in a labor case to proceed.

Timely Payment Matters Retroactivity Of Docket FEE Rules IN Philippine Courts

Philippine Supreme Court ruling on retroactive docket fee rules and the importance of timely payment in civil cases.

Respect in Court: The Limits of Zealous Advocacy and Attorney Contempt

A lawyer's zeal must yield to courtroom decorum. The Supreme Court affirms direct contempt for an attorney who challenged and insulted the judge.

Reasonable Doubt in Rape Cases: When Discrepancies Do Not Destroy Guilt Beyond Reasonable Doubt

Philippine Supreme Court clarifies that minor inconsistencies in rape testimony do not create reasonable doubt when material facts are credible and consistent.

Piercing the Corporate Veil: Fraud and Mismanagement as Grounds for Corporate Liability

The Supreme Court explains when courts may disregard corporate fiction and why mere control or mismanagement is not enough.