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Showing 481–504 of 581 articles for “tro”

Pre-Proclamation Controversies: Examining Election Returns on Their Face

A pre-proclamation controversy is limited to examining election returns on their face. Learn from Sebastian v. COMELEC.

Pacto de Retro Sales in the Philippines: When a Land Sale Is Not an Equitable Mortgage

Philippine Supreme Court ruling clarifies when a pacto de retro sale stands as a true sale, not an equitable mortgage.

Meralco v. Quisumbing: CBA Retroactivity and Balancing Labor Rights with Management Prerogatives

The Supreme Court clarifies when arbitral CBA awards retroact and how wage increases balance labor rights with management prerogatives.

Rape Conviction Affirmed Despite Minor Testimonial Inconsistencies: People v. Arafiles

The Supreme Court affirms rape convictions despite minor inconsistencies in the victim's testimony, explaining why minor contradictions do not destroy credibility.

Philippine Red Cross Ruling: Ombudsman Jurisdiction Over Government Controlled Corporations

Supreme Court clarifies that the Philippine Red Cross is a government-owned corporation, placing its employees under Ombudsman jurisdiction.

Res Judicata and Supplemental Pleadings: When Prior Court Rulings Prevent Relitigation of Land Disputes

Philippine Supreme Court clarifies when supplemental complaints introducing new causes of action violate rules on joinder and venue.

When Excessive Force Destroys a Self-Defense Claim in Philippine Homicide Cases

The Supreme Court explains why 16 stab wounds negate self-defense and how excessive force turns a killing into homicide, not murder.

Electrocution and Liability: Negligence and Damages in Philippine Law

A Supreme Court ruling on electric cooperative liability for electrocution, negligence, and damages under Philippine law.

Control Is Key: When a Bank Becomes the Real Employer of an Outsourced Janitor

The Supreme Court rules that control over work, not contracts, determines employer-employee relationships in outsourcing arrangements.

Philippine Oil Deregulation Upheld: Supreme Court Defers to Market Freedom and Congress

The Supreme Court upheld oil deregulation under RA 8479, ruling that price controls are policy choices for Congress, not constitutional requirements.

Retroactive Application of Penal Laws in the Philippines: When Can a Sentence Be Reduced

Philippine Supreme Court explains when favorable penal laws apply retroactively, reducing sentences even after conviction and while serving time.

When Can Election Returns Be Rejected: Pre-Proclamation Controversies in Philippine Elections

Learn when election returns may be excluded from canvassing and why Philippine law limits pre-proclamation controversies to summary proceedings.

When a Judge’s Error Outside the Courtroom Still Breaches Judicial Ethics

A judge’s mistaken hold departure order leads to a reprimand, clarifying limits on court authority and judicial competence.

Lawyer's Courtroom Bullying and Defiance of IBP Orders Draw PHP 155,000 Fine

Supreme Court fines disbarred lawyer PHP 155,000 for shouting at court personnel and defying IBP directives, reaffirming lawyer conduct standards.

Safeguarding Due Process: TRO Issuance and Judicial Misconduct in the Philippines

A look at the Supreme Court's ruling on a judge's improper TRO issuance and failure to resolve incidents, highlighting due process duties.

Equitable Mortgage vs. Pacto de Retro Sale: When a "Sale" Is Really a Loan

Philippine courts look beyond contract labels. Learn how Articles 1602 and 1603 protect borrowers from disguised loans and unfair foreclosure.

Credibility of Victim Testimony in Rape Cases: Key Philippine Supreme Court Ruling

Philippine Supreme Court explains when a rape victim's testimony stands, why minor inconsistencies don't destroy credibility, and resistance rules.

Unreasonable Trial Delays: A Judge's Duty to Control Court Proceedings

When a judge tolerates repeated postponements, the Supreme Court steps in. Learn the rules on trial delays and judicial accountability.

Equitable Mortgage vs Pacto de Retro Sale: Protecting Property Rights in the Philippines

Philippine Supreme Court ruling on when a sale with right to repurchase is actually an equitable mortgage, protecting property owners from unfair transactions.

Election Disqualification: Why Strong Evidence Is Crucial to Unseat a Winner

A dismissed disqualification case shows why clear, credible evidence is vital when challenging an election winner under Philippine law.

Mortgage Foreclosure: What Happens When a Bank Consolidates Title Before Your Case Ends

Philippine Supreme Court ruling on bank consolidation of foreclosed property title, TRO effects, and borrower rights during pending litigation.

Reasonable Doubt in Rape Cases: Why Strong Prosecution Evidence Is Crucial in Philippine Courts

Philippine Supreme Court acquits rape accused on reasonable doubt, explaining why prosecution evidence must stand on its own merit.

Credibility of Eyewitness Testimony in Robbery Homicide Cases: Supreme Court Upholds Conviction Despite Affida

Court rules sworn affidavit inconsistencies do not automatically destroy an eyewitness's credibility when open-court testimony is clear and positive.

Credibility of Child Witnesses in Rape Cases: Key Insights from the Philippine Supreme Court

Philippine Supreme Court ruling on People v. Yabut explains how courts assess a child rape victim's credibility and why minor inconsistencies do not destroy it.