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Showing 97–120 of 144 articles for “control”

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.

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.

State Control vs Foreign Assistance: The Scope of Mining Agreements Under the Constitution

The Supreme Court clarifies that foreign-assisted mining agreements under Article XII must preserve state control, not bar foreign participation.

Judges Must Control Court Proceedings and Resolve Cases Promptly: A Lesson from A.M. No. 03-10-250-MCTC

A Supreme Court ruling reminds judges they cannot delegate control of court proceedings to clerks or litigants, and must resolve cases promptly.

Bouncing Checks Law: When Fear and Necessity Do Not Excuse Issuing Bad Checks

The Supreme Court clarifies when uncontrollable fear and state of necessity cannot excuse liability under the Bouncing Checks Law.

Supervision vs. Control: Safeguarding Local Autonomy in the Liga ng mga Barangay

The Supreme Court clarifies the line between supervision and control over the Liga ng mga Barangay, protecting local autonomy.

Contract Termination in Construction: When Express Terms and Damages Control

A Philippine Supreme Court ruling upholds a contractor's right to terminate a sub-contract for delay and poor workmanship, and explains when damages may be awarded.

Retirement Benefits and Special Allowances: When the Law's Date of Implementation Controls

Explaining when special allowances for judges count toward retirement benefits, based on a 2004 Supreme Court ruling on R.A. 9227.

Control Test vs Independent Contractor: Manila Water Ruling on Labor-Only Contracting

Supreme Court explains when a contractor is labor-only, not independent, and when workers become regular employees under Philippine labor law.

Independent Contractor vs Employee: Defining the Lines in Media Talent Engagements

The Supreme Court clarifies when a TV or radio host is an independent contractor, not an employee, using the control test.

Defining Independent Contractors: The Control Test in Philippine Labor Law

The Supreme Court clarifies the control test for distinguishing independent contractors from employees, protecting workers' rights under Philippine labor law.

Duress or Deception: When Fear Fails as a Defense in Kidnapping for Ransom

The Supreme Court explains when uncontrollable fear is not a valid defense in kidnapping for ransom cases.

Mining Rights vs National Patrimony: The La Bugal Case on Foreign Control of Philippine Resources

Explaining the Supreme Court's La Bugal ruling on the Philippine Mining Act and foreign ownership limits over the country's mineral resources.

When Is a Land Sale "Conveyed" for Repurchase? Notarial Deed Prevails

A notarized deed's date controls the five-year repurchase period under the Public Land Act, the Supreme Court rules.

Release of Seized Evidence Before Trial: Upholding Prosecutorial Authority and Due Process

A judge's order releasing seized evidence before trial drew administrative sanctions. Learn the rules on custody of evidence and prosecutorial control.

Control Is Key: Determining Employer-Employee Relationships in Outsourcing Arrangements

The Supreme Court clarifies when a principal employer becomes liable for outsourced workers, emphasizing control over contractual labels.

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.

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.

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.

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.

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.