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Showing 289–312 of 595 articles for “tro”

Family Feuds and Corporate Control: Navigating Share Ownership Disputes in Philippine Corporations

The Supreme Court clarifies how Philippine courts resolve family disputes over corporate shares, trusts, and injunctions.

Writ of Possession as Ministerial Duty: Rayo v. Metrobank on Due Process Limits

The Supreme Court affirms that a writ of possession after extrajudicial foreclosure is a ministerial duty, even if issued ex parte. Learn the limits of due process claims.

Retroactivity of Remedial Laws: Fresh 60-Day Period in Certiorari Petitions

Philippine Supreme Court explains why curative procedural rules apply retroactively, giving litigants a fresh 60-day period to file certiorari petitions.

FAX Transmissions Are Not Electronic Evidence: MCC Industrial Sales v. Ssangyong

The Supreme Court clarifies that ordinary fax transmissions are not electronic evidence under R.A. 8792, but photocopies may still be admitted under the Rules of Court.

Business Closure Due to Fire: Employer Prerogative vs. Employee Rights

When fire destroys a business, can employees claim illegal dismissal? The Supreme Court explains the rules on closure and separation pay.

Elections Held Despite a TRO Are Not Automatically Void: Supreme Court Clarifies

The Supreme Court explains when an election held in defiance of a temporary restraining order may be annulled, and when it may stand.

Positive Identification and Witness Credibility in Murder Cases: Why Trial Court Assessment Matters

In People v. Bustamante, the Supreme Court affirmed a murder conviction, ruling that delayed witness identification and minor inconsistencies do not destroy credibility.

Independent Contractor vs Employee: The Control Test in Philippine Labor Disputes

Philippine Supreme Court clarifies the control test distinguishing independent contractors from employees in labor disputes, using a restroom concessionaire case.

Distinguishing Employees From Independent Contractors: The Control Test in Philippine Labor Law

Philippine Supreme Court explains the control test for distinguishing employees from independent contractors in labor law disputes.

Indefeasibility of Title: Why Land Ownership Can't Be Attacked Decades After Registration

A Torrens title becomes incontrovertible after one year. Learn why a collateral attack on a 1973 title failed in Ingusan v. Heirs of Reyes.

Election Protests and the Five-Day Rule: Why Timely Appeals Matter in Barangay Election Cases

A Supreme Court ruling shows why a late motion for reconsideration in a barangay election protest can be fatal, even when the merits seem strong.

Navigating Traffic: MMDA Authority and the Limits of Executive Action on Metro Manila Bus Terminals

The Supreme Court ruled on the limits of MMDA authority and executive power in ordering the closure of provincial bus terminals along EDSA.

Mandatory Tender Offers and Indirect Acquisitions: Protecting Minority Shareholders

The Supreme Court ruled that indirect acquisitions triggering control of a public company are subject to the mandatory tender offer rule.

Mandatory Tender Offers Protecting Minority Shareholders In Indirect Acquisitions

Philippine Supreme Court ruling that indirect acquisitions triggering control of a public company require a mandatory tender offer.

Reconstitution of Lost Titles: Supreme Court Clarifies Standards in Faustino Co Shu Kiam v. Republic

Supreme Court clarifies rules on reconstitution of lost certificates of title, balancing strict compliance with practical realities of destroyed land records.

Presidential Authority and Government Reorganization Scope and Limitations

The Supreme Court affirms the President's broad power to reorganize executive departments, citing constitutional control, statutory grants, and good faith requirements.

Fortuitous Events and Loan Obligations: DBP vs. Spouses Calina

A typhoon destroyed a financed fishing boat, but the borrowers still had to repay their loan. The Supreme Court explains why.

Retroactivity of Laws in Eminent Domain: When New Legislation Meets Pending Expropriation

Explains when new laws apply retroactively in eminent domain cases, citing the Supreme Court ruling in Spouses Lintag v. NPC.

Deposition Deadlines in Intra-Corporate Cases: Philippine Computer Solutions v. Hernandez

The Supreme Court clarifies the 15-day discovery period under the Interim Rules on Intra-Corporate Controversies and the rule on interlocutory orders.

Possession Beyond Ownership: Constructive Possession in Drug Cases

The Supreme Court explains constructive possession in drug cases—control and dominion matter more than ownership. Learn the rules from Quelnan v. People.

When a Judge Oversteps: Jurisdiction, Due Process, and the Case of Judge Rojas

A judge who issued a TRO against a co-equal agency's final ruling and ignored indispensable parties was suspended for gross ignorance of the law.

Equitable Mortgage vs Pacto de Retro: Protecting Borrowers From Unfair Land Seizure

When is a "sale with right to repurchase" really a loan? The Supreme Court explains equitable mortgage protections for Filipino landowners.

The Limits of Judicial Discretion: Safeguarding Due Process in Administrative Proceedings

When can a court issue a TRO in administrative cases? The Supreme Court clarifies the strict rules on temporary restraining orders and judicial discretion.

Manifest Error or Falsification: The Scope of Pre-Proclamation Controversies in Philippine Elections

The Supreme Court clarifies the limits of pre-proclamation controversies, distinguishing correctible manifest errors from election protests requiring evidence aliunde.