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Showing 265–288 of 595 articles for “tro”

Independent Contractor or Employee: The Four-Fold Test in Philippine Labor Law

When is an insurance agent an employee, not an independent contractor? The Supreme Court explains the four-fold test and the crucial "control test" in Tongko v. Manulife.

Seafarer Disability Claims: When the Company Doctor's Fit-to-Work Assessment Prevails

Philippine Supreme Court ruling on seafarer disability claims: the company-designated physician's fit-to-work certification controls absent a third-doctor review.

Incestuous Rape Consummation and the Retroactive Effect of the Death Penalty Ban

Explaining when rape is consummated and how R.A. 9346 retroactively reduced death sentences to reclusion perpetua without parole.

Judicial Ethics and the Price of Impropriety: Lessons from the Court of Appeals Controversy

The Supreme Court's ruling on the CA justices' conduct in the Meralco-GSIS case underscores the strict standards of judicial ethics and propriety.

Reconstitution of Title: Tax Declarations and Survey Plans Are Not Enough

Supreme Court rules tax declarations, survey plans, and technical descriptions are insufficient bases for reconstituting a lost or destroyed certificate of title.

Exterior vs Interior Contract Interpretation and Obligations in Philippine Law

Supreme Court rules on contract interpretation: plain meaning controls unless ambiguity exists, and obscurity cannot favor the drafting party.

When a Lawyer's Private Dealings Destroy Public Trust: Manaois v. Deciembre

A lawyer's private misconduct can lead to indefinite suspension. Learn the lessons from Manaois v. Deciembre on professional responsibility.

Reconstitution of Lost Titles: Proving Loss of Owner's Duplicate and ROD Records

Supreme Court clarifies what evidence suffices to reconstitute a lost or destroyed certificate of title under Republic Act No. 26.

When Is a Newspaper Columnist an Employee? The Orozco Ruling

The Supreme Court clarifies when a newspaper columnist is an independent contractor, not an employee, under the control test.

Freelance or Employee? The Test for Newspaper Columnists in the Philippines

The Supreme Court explains when a newspaper columnist is an independent contractor, not an employee, under the control test.

Fresh Period Rule and Appeal Deadlines After a Motion for Reconsideration

Explaining the fresh period rule for appeals, its retroactive effect, and why the wrong remedy still fails in Makati Insurance v. Reyes.

Fresh Period Rule Applies Retroactively to Pending Appeals

The Supreme Court clarifies that the Neypes fresh period rule applies retroactively to pending cases, allowing late appeals to proceed.

Reconstitution of Lost Titles: Protecting Property Rights Despite Missing Records

Philippine Supreme Court explains how lost or destroyed land titles can be reconstituted under R.A. 26, protecting property owners' rights.

Reconstitution of Lost Torrens Titles: Strict Evidentiary Requirements Under RA 26

The Supreme Court in Republic v. Lagramada reminds courts and litigants that reconstitution of lost or destroyed Torrens titles demands strict, official proof of ownership.

Jurisdictional Boundaries Resolving Labor Disputes Involving Government Chartered Corporations

A Supreme Court ruling clarifies that labor disputes in government-owned or controlled corporations with original charters fall under the Civil Service Commission, not the NLRC.

Reconstitution of Lost Land Titles: When Proof of Loss Is Enough Under Philippine Law

The Supreme Court clarifies when lost or destroyed land titles can be reconstituted, balancing strict legal requirements with practical realities of fire and calamity.

Local Taxing Powers vs National Policy: Navotas Cannot Tax Petroleum Sales

Supreme Court rules local governments cannot impose business taxes on petroleum products under (h) of the Local Government Code.

Simple vs Destructive Arson: Intent, Information Adequacy, and Penalty

Philippine Supreme Court clarifies simple vs destructive arson, emphasizing the information's allegations control the crime charged and penalty.

Upholding Due Process: The Limits of Retroactive Application in Behest Loan Cases

Supreme Court affirms Ombudsman's dismissal of behest loan charges, clarifying that administrative orders defining behest loans are not penal laws and cannot retroactively criminalize past transaction

Pre-Proclamation Controversies in Senatorial Races: Pimentel v. COMELEC Explained

The Supreme Court in Pimentel v. COMELEC limits pre-proclamation challenges in senatorial races, directing disputes to election protests instead.

Retroactive Application of Penal Laws Favoring the Accused in Illegal Firearm Possession

When a new penal law favors an accused, it applies retroactively. The Supreme Court explains this rule in an illegal firearm possession case.

Reconstitution of Title: Strict Proof Required for Lost or Destroyed Land Titles in the Philippines

Philippine Supreme Court clarifies strict requirements for reconstitution of lost or destroyed land titles under RA 26, emphasizing proof of original title issuance.

Protecting Children Credibility IN Rape AND Lasciviousness Cases Involving Minors

The Supreme Court affirms that minor inconsistencies do not destroy a child rape victim's credibility, explaining why delay in reporting is justified.

Abandonment in Election Protests: Legarda v. De Castro and the Effect of Subsequent Candidacy

PET dismisses Legarda's VP protest against De Castro on abandonment and evidentiary grounds, clarifying election protest rules.