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Showing 217–240 of 595 articles for “tro”

Independent Contractor or Employee? Control in Insurance Agency Agreements

Philippine Supreme Court clarifies when an insurance agent becomes an employee, applying the four-fold test and control standard.

Lawyer's Courtroom Conduct: When Advocacy Crosses Into Gross Misconduct

Supreme Court fines disbarred lawyer P155,000 for disrespecting court personnel and disobeying IBP orders, clarifying ethical limits of advocacy.

Midnight Appointments and the Judiciary: The De Castro Ruling on the Constitutional Ban

The Supreme Court explains why the ban on midnight appointments does not apply to judicial posts, including the Chief Justice.

When Government Corporations Are Not Employers: The LRTA Case on Labor Jurisdiction

The Supreme Court clarifies when government-owned corporations with original charters fall outside labor arbiter jurisdiction, using the LRTA-METRO case.

Judicial Appointments and the Election Ban: De Castro v. Judicial and Bar Council

The Supreme Court rules on whether the President may appoint the Chief Justice during the election ban on midnight appointments.

Docket Fees and Estoppel in Lease Termination: Metrobank v. Perez

Supreme Court clarifies when late payment of docket fees is allowed and when a party is barred from raising jurisdiction.

Challenging Election Results: Strict Rules for Pre-Proclamation Controversies in the Philippines

Learn the strict rules for pre-proclamation controversies in Philippine election law, based on the Supreme Court's ruling in Saño v. COMELEC.

Retroactivity of Laws and Vested Rights in Bank Liquidation: PDIC v. Stockholders of Intercity Bank

When can a new law apply to an ongoing bank liquidation? The Supreme Court explains the rule on retroactivity and vested rights.

Proving Open Continuous Possession in Land Registration: The Wee Case

Land registration requires well-nigh incontrovertible evidence of open, continuous possession since 1945. The Wee case explains why tax declarations and bare claims fail.

Electric Cooperative Liable for Injuries from Uninsulated High-Voltage Wires

Philippine Supreme Court holds electric cooperative negligent for uninsulated high-voltage lines over a home, affirming damages for electrocution injuries.

Res Ipsa Loquitur and Proximate Cause in Philippine Electric Accident Cases

How the Supreme Court applied res ipsa loquitur and proximate cause principles to hold an electric cooperative liable for electrocution injuries.

Electric Cooperative's Negligence in Power Line Installation: Proximate Cause Ruling

Supreme Court affirms liability of electric cooperative for electrocution injuries, applying proximate cause and foreseeability tests in negligence cases.

Mining Rights and State Control: The Limits of Exploration Permits in the Philippines

Philippine Supreme Court ruling on exploration permits, vested rights, and state control over mineral reservations under the Mining Act.

Republication of Foreclosure Sale Notices: Protecting Third-Party Rights

When a foreclosure sale is postponed, the notice must be republished and reposted. The Supreme Court explains why in Metrobank v. Nikko Sources.

Minor Defects in Election Returns Do Not Justify Exclusion from Canvass

The Supreme Court rules that minor defects in election returns are not grounds for exclusion in a pre-proclamation controversy.

Positive Identification Prevails: Police Blotter Discrepancies Do Not Nullify Witness Testimony

Philippine Supreme Court ruling clarifies that minor inconsistencies in police blotter entries do not automatically destroy a victim's credible, positive identification of the accused.

Procedural Due Process and Employee Dismissal: When a Security Agency Contract Ends

When a security agency contract ends but guards remain on post, who is the employer? The Supreme Court clarifies control, due process, and liability.

Employer Control Determines Employment Status: The PLDT Security Guard Case

When a security agency's contract ends but guards remain at their posts under the principal's direction, an employer-employee relationship may arise.

Credibility of Witnesses in Drug Cases: Inconsistencies and the Presumption of Regularity

The Supreme Court explains when minor inconsistencies in police testimony do not destroy credibility in buy-bust drug cases.

Wage Orders vs CBAs: When Salary Hikes Affect ECOLA Entitlement

Philippine Supreme Court clarifies how retroactive CBA wage increases affect ECOLA entitlement under Wage Order NCR-09 and double indemnity penalties.

Duress vs Free Will: When Fear Does Not Excuse Criminal Liability

Philippine Supreme Court explains when uncontrollable fear excuses a crime and when it does not, in a murder case.

Protecting the Vulnerable: Statutory Rape and the Credibility of Child Witnesses in Philippine Law

A Supreme Court ruling on statutory rape shows how Philippine courts weigh a child victim's testimony and why minor inconsistencies do not destroy credibility.

Labia Majora and Consummated Rape: When Entry, Not Full Penetration, Establishes Carnal Knowledge

Philippine Supreme Court clarifies that mere introduction of the penis into the labia majora consummates rape; hymenal rupture not required.

Final Judgments Bar Refiled Claims: Navarro v. Metropolitan Bank & Trust Company

A Supreme Court ruling on how a final dismissal based on laches bars a refiled case, even when the new suit seeks different relief.