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Showing 241–264 of 595 articles for “tro”

Navigating Property Disputes When CAN Metropolitan Trial Courts Decide Ownership

Constitutional Limits on Land Ownership: Aliens Cannot Indirectly Control Philippine Land Through Filipino Spo

Philippine Supreme Court ruling that alien spouses cannot claim rights over land titled to Filipino wives, citing constitutional prohibitions.

Independent Contractor vs Employee: Control Test in Consultancy Agreements

The Supreme Court clarifies when a consultant is an independent contractor, not an employee, using the four-fold test and control test.

Boundary Disputes and Local Autonomy: Clarifying Jurisdiction in the Philippines

The Supreme Court clarifies which body settles boundary disputes between LGUs in Metro Manila, and when courts may intervene.

Surety Bond Liability and Contract Changes in Construction Disputes: Stronghold v. Tokyu

When a construction contract changes, does a surety bond still hold? The Supreme Court explains in Stronghold v. Tokyu.

Upholding Prosecutorial Powers of the Ombudsman: Lessons from Lazatin v. Desierto

The Supreme Court affirms the Ombudsman's prosecutorial powers and control over the Office of the Special Prosecutor in Lazatin v. Desierto.

Protecting the Vulnerable: The Credibility of Child Witnesses in Rape Cases

Philippine Supreme Court affirms rape conviction based on a six-year-old's testimony, explaining why minor inconsistencies do not destroy a child witness's credibility.

Real Property Tax: What Counts as Pollution Control Equipment for Exemption

The Supreme Court clarifies when pollution control structures qualify for real property tax exemption under the Local Government Code.

Urgent Relief vs Prudence: Balancing Injunctive Action and Electorate Rights in Public Office Suspension Cases

When may a court defer action on a TRO against a preventive suspension order? The Supreme Court weighs urgency against prudence.

When Silence Isn't Golden: Delayed Witness Testimony and the Pursuit of Justice in Murder Cases

A delayed eyewitness affidavit doesn't automatically destroy credibility, the Supreme Court rules in People v. Cawaling, affirming a murder conviction.

Breach of Contract Claims Need Specific Facts: Luistro v. First Gas Power

Learn how the Supreme Court dismissed a breach of contract suit for lack of cause of action and vague fraud allegations.

Probable Cause vs Prosecutorial Discretion: The Metrobank v. Gonzales Ruling on Trust Receipt Estafa

The Supreme Court clarifies the limits of the Secretary of Justice's power to reverse probable cause findings in trust receipt estafa cases.

When Silence Speaks: Examining Eyewitness Delay in Homicide Cases

Supreme Court clarifies that delayed eyewitness reporting doesn't automatically destroy credibility when fear explains the silence.

Judicial Temperance: Upholding Courtroom Decorum and Judicial Conduct

Cañeda v. Menchavez explains why a judge who loses his temper and displays a firearm in court faces administrative discipline for unbecoming conduct.

Defining the Employer: Coca-Cola's Control Over Contracted Salesmen

When is a contractor a labor-only contractor? The Supreme Court clarifies employer liability and control over contracted salesmen.

Upholding Comelec Discretion in Pre-Proclamation Controversies

The Supreme Court affirms Comelec's broad discretion in dismissing pre-proclamation disputes, emphasizing limited scope of review and proper remedies.

Retroactive Application OF Jurisprudence Clarifying THE Ombudsmans Authority

Retroactivity of Supreme Court Decisions on Tax Exemptions: CJH Development v. BIR

The Supreme Court clarifies when tax exemption rulings apply retroactively and why declaratory relief is not the proper remedy for contesting tax assessments.

Breach of Trust Dismissal Upheld for Financial Controller's Mismanagement

Supreme Court rules financial controller validly dismissed for gross neglect, serious misconduct, and loss of trust and confidence.

Surety Still Liable: Insolvency of Principal Debtor Does Not Extinguish Surety's Obligations

Philippine Supreme Court rules that a surety remains liable even if the principal debtor is declared insolvent. Learn the key principles from Gateway Electronics v. Asianbank.

Title Reconstitution Requires Strict Adherence to Procedure: Republic v. Castro

The Supreme Court nullifies a title reconstitution for failure to comply with the mandatory requirements of Republic Act No. 26.

NPC Liable for Electrocution Death: Duty to Maintain Safe Transmission Lines

Supreme Court rules power company negligent for sagging transmission lines that electrocuted a miner, rejecting contributory negligence defense.

Control Is Key: Hospital Supervision Determines Employer-Employee Relationship With Resident Doctors

Supreme Court rules hospital control over resident doctors creates employer-employee relationship, entitling them to labor law protections.

Constructive Possession of Illegal Drugs: Proximity Alone Is Not Enough

Philippine Supreme Court clarifies that mere presence near illegal drugs does not prove constructive possession; dominion and control are required.