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Showing 97–120 of 581 articles for “tro”

Local Autonomy vs Centralized Power: Who Decides on Water Governance

Supreme Court ruling on who appoints water district boards when cities fail the 75% threshold, balancing local autonomy against centralized control.

The Limits of Appellate Courts Introducing New Evidence on Appeal in Philippine Law

Philippine appellate courts generally cannot receive new evidence on appeal; review is limited to the trial record. This article explains the rule.

Work-Related Stroke: Supreme Court Upholds Employees' Compensation Claims

Learn how the Supreme Court ruled that a worker's stroke can be compensable under Philippine law, using substantial evidence and probability.

Stroke Compensation Claims: When Work Stress Meets Employee Welfare

Supreme Court clarifies when stroke and hypertension are compensable under PD 626, emphasizing probability over certainty in employee claims.

When a "Retainership" Is Really Employment: The Control Test and Security of Tenure

Philippine Supreme Court clarifies when a retainership agreement masks an employer-employee relationship, applying the control test to protect security of tenure.

Local Autonomy vs Central Control: Presidential Power in Hospital Devolution

The Supreme Court upholds Executive Order No. 567 devolving Taguig-Pateros District Hospital to the City of Taguig, clarifying presidential power.

Candor in the Courtroom: Suspension for Lack of Transparency in Legal Proceedings

A lawyer's failure to disclose a pending motion before another forum led to suspension. Learn the ethical duty of candor.

Navigating Search Warrants Upholding Rights IN Drug Cases

The Supreme Court clarifies when errors in issuing TROs are judicial matters, not administrative offenses, and warns against harassment suits against judges.

Independent Contractor vs Employee: The Right of Control Test in Philippine Labor Law

Philippine Supreme Court clarifies the right of control test distinguishing independent contractors from employees in Valeroso v. Skycable.

Attorney Accountability for Defamatory Imputations Against Courts

Supreme Court suspends two lawyers for a checkbook entry implying the Sandiganbayan took a P2M bribe for a TRO.

Breach of Trust Dismissal for Theft of Court Exhibit Undermines Judicial Integrity

Court personnel who steal exhibits betray the judiciary's trust. The Supreme Court's ruling in Castro shows why dismissal is the only fitting penalty.

Corporate Control and Stock Ownership: Resolving Disputes in Philippine Corporations

A Supreme Court ruling clarifies how stock ownership disputes affect corporate elections and why prior rulings cannot be overstretched.

Perfecting Appeals Strict Compliance AND Jurisdictional Requirements IN Philippine LAW

Reconstitution of a Torrens title requires clear proof the certificate was genuine and in force when lost or destroyed.

Land Registration: Proving Possession Since June 12, 1945 for Title Applications

Philippine Supreme Court ruling on pacto de retro sales, indispensable parties, and evidentiary weight of notarized documents in land title disputes.

Excise Tax Exemption for International Carriers: A Landmark Ruling on Refunds

The Supreme Court affirms excise tax refunds for petroleum products sold to international carriers, upholding international commitments under the Chicago Convention.

Pacto de Retro Sales: Indispensable Parties and Overcoming Presumptions

Supreme Court clarifies who are indispensable parties in pacto de retro consolidation cases and when notarized documents prevail.

Labor-Only Contracting: When a Principal Becomes the True Employer

Supreme Court clarifies labor-only contracting and employer-employee relationship, holding principals liable for benefits when contractors lack capital or control.

Balancing Public Order and Private Rights: Limits on Summary Abatement of Nuisances

When can barangay officials destroy property as a public nuisance? The Supreme Court clarifies the limits of summary abatement.

Labor-Only Contracting and Illegal Dismissal: Solidary Liability of Principal and Contractor

Philippine Supreme Court ruling on labor-only contracting, control test, and solidary liability for illegal dismissal under the Labor Code.

Dispositive Portion Prevails When DOJ Resolution Body Conflicts With Fallo

When a DOJ resolution's body conflicts with its dispositive portion, the fallo controls. Learn the rule from Santiago v. Bello IV.

Excise Tax Refunds on Petroleum Products Sold to Tax-Exempt Entities in the Philippines

The Supreme Court clarifies when oil companies can claim excise tax refunds for fuel sold to tax-exempt entities like Clark Development Corporation.

Navigating Land Title Disputes When A Torrens Title Fails TO Guarantee Ownership IN THE Philippines

A Torrens title is strong evidence of ownership but not absolute. This case shows how courts look beyond titles to determine true ownership.

When Doubts Linger: Examining Witness Identification and the Unfolding of Justice in Kidnapping Cases

The Supreme Court affirms kidnapping convictions, clarifying the defense of uncontrollable fear and the weight of positive witness identification.

Bail and Treachery: Reassessing Provisional Liberty in Murder Cases

The Supreme Court clarifies when bail may be granted in murder cases and how treachery must be proven by strong evidence.