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Showing 169–192 of 581 articles for “tro”

When Election Irregularities Meet Mootness: Annulment of Proclamation and the Imperative of an Actual Controve

Explore Quiño v. COMELEC, where the Supreme Court dismissed an election case as moot after a re-canvass, explaining why actual controversies matter.

Bigamy Despite Annulment: Understanding Retroactive Effects and Marital Status

A sheriff's affair leads to suspension, clarifying how annulment petitions do not erase marital obligations or authorize new relationships.

Rape Conviction Stands: How Courts Weigh Inconsistencies in Victim Testimony

Supreme Court affirms rape conviction, explaining why minor inconsistencies in a victim's testimony do not destroy credibility.

Defining Capital: Filipino Control of Public Utilities Under the Constitution

The Supreme Court clarifies that mean in the Constitution's requirement that public utilities be at least 60% Filipino-owned? The answer—that "capital" refers to voting stock, not all outstanding shar

Regular Employment vs Consultancy: Defining the Line in Illegal Dismissal Cases

A consultant labeled regular employee: how control and supervision define employment status in illegal dismissal cases under Philippine law.

Presidential Control vs Agency Autonomy: Disallowed Incentive Awards Without Approval

When can the President override an agency's incentive program? The Supreme Court explains the limits of agency autonomy under presidential control.

Defining Manager Expands Sandiganbayan Jurisdiction Over Graft Cases Involving Government Owned Corporations

Supreme Court clarifies that narrowly, citing a dictionary definition that referred to one who has charge of a corporation and control of its businesses or branch establishments. The Supreme Court, ho

Defining the Power of Control in Labor Disputes: The Legend Hotel Case

When is a hotel pianist an employee, not an independent talent? The Supreme Court clarifies the control test in illegal dismissal cases.

Mortgage Validity Upholding Security Interests Amid Corporate Disputes in Metrobank vs Centro Development Corp

Supreme Court clarifies when a mortgage over corporate assets is valid, and when foreclosure exceeds the secured amount.

Court Employees and Financial Obligations: Ethics Beyond the Courtroom

A Supreme Court ruling reminds court employees that personal debts and conduct reflect on the judiciary's integrity and honor.

Excise Tax on Petroleum: Who Bears the Burden When International Carriers Are Involved

The Supreme Court rules oil companies cannot claim refunds for excise taxes on petroleum sold to international carriers—the exemption belongs to the buyers, not sellers.

Control Test Decides Employer-Employee Relationship in Philippine Labor Law

Philippine Supreme Court ruling on Charlie Jao v. BCC Products Sales Inc. explains the control test and four elements determining employer-employee relationship.

Supreme Court Clarifies Control Test in Proving Employer-Employee Relationship

The Supreme Court affirms that control over an employee's conduct is the decisive test in determining employer-employee relationships in labor disputes.

Surety's Liability Under Performance Bonds: Philippine Charter Insurance v. Petroleum Distributors

When a performance bond covers a building contract, a surety's liability includes liquidated damages. This case explains the rules.

Nogales v. People: When Obscene Files in Computers Are Forfeited Even Without Conviction

Supreme Court rules hard disks containing obscene materials are forfeited and destroyed under P.D. 969 even if criminal case is dismissed.

Reconstitution of Lost Title: Supreme Court Clarifies Rules on Destroyed Land Records

Supreme Court clarifies rules on reconstituting lost land titles when registry records were destroyed by fire, easing documentary requirements.

Verbal Dismissal in the Philippines: Why Oral Termination Is Illegal Without Due Process

Verbal dismissal alone cannot lawfully end employment in the Philippines. Learn the due process rules from Uy v. Centro Ceramica.

Prosecutors Discretion Prevails Understanding The Limits OF Bureau OF Customs Authority IN Smuggling Cases

The Supreme Court clarifies that the Bureau of Customs cannot control criminal prosecutions—that power belongs to public prosecutors.

Credibility in Rape Cases: Minor Inconsistencies Do Not Undermine Conviction

Philippine Supreme Court explains why minor inconsistencies in a rape victim's testimony do not destroy credibility or overturn a conviction.

When Illegal Dismissal Claims of Probationary Employees Fall Outside DARAB Jurisdiction: Del Monte Philippines

The Supreme Court clarifies DARAB jurisdiction over agrarian disputes, distinguishing recovery of possession cases from tenurial controversies under RA 6657.

Employee vs Independent Contractor: Key Factors in Philippine Labor Law

The Supreme Court clarifies the control test distinguishing employees from independent contractors, using an insurance agent case as guide.

Excise Tax Refunds: Who Can Claim for Petroleum Products Sold to International Carriers

Learn who may claim excise tax refunds on petroleum products sold to international carriers under Philippine law, based on a Supreme Court ruling.

TRO Rules Explained: Lessons from the Lago v. Abul Administrative Case

A judge's suspension-worthy errors in issuing TROs and injunctions, and the procedural rules every litigant should know.

Writ of Preliminary Mandatory Injunction in Property Disputes: Protecting Possession Rights

When can a court issue a writ of preliminary mandatory injunction to restore possession in property disputes? The Supreme Court explains in Castro v. Se.