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Showing 313–336 of 595 articles for “tro”

Credibility in Buy-Bust Operations: Minor Inconsistencies Do Not Destroy a Conviction

Minor inconsistencies in police testimony do not weaken a buy-bust conviction when the essential facts are consistent and credible.

Best Evidence Rule: Photocopies vs Electronic Documents in Philippine Courts

Philippine Supreme Court clarifies when photocopies qualify as electronic evidence and why the best evidence rule still applies.

Challenging Election Results: Pre-Proclamation Controversies and Void Proclamations

Learn when a pre-proclamation controversy can be filed after proclamation, and why a void proclamation is no proclamation at all.

Petrochemical Plant Location in the Philippines: Site Exclusivity and Investment Law

The Supreme Court rules on whether Bataan is the exclusive site for petrochemical plants under P.D. Nos. 949 and 1803.

Right of Way and Fair Compensation: When Attorney's Fees and Exemplary Damages Are Not Warranted

The Supreme Court clarifies when attorney's fees and exemplary damages may be awarded, reversing an award against Petron Corporation in a property dispute.

Preliminary Investigation Rights and the Definition of Rape: Key Lessons from De Castro

Learn when the right to preliminary investigation is waived and why finger insertion constitutes rape through sexual assault under Philippine law.

Urban vs Agricultural Pesticides: Understanding FPA Jurisdiction in the Philippines

The Supreme Court clarifies that the Fertilizer and Pesticide Authority regulates only agricultural pesticides, not urban pest control products.

Indirect Contempt in the Philippines: Why Proper Procedure Matters in Wage Orders

A look at how the Supreme Court ruled on procedural lapses and the validity of Wage Order No. R02-03 in Metrobank v. NWPC.

Fresh Period Rule for Appeals: The First Aqua Sugar Traders Case

The Supreme Court clarifies that a motion for reconsideration grants litigants a fresh 15-day period to appeal, applying the Neypes doctrine retroactively.

Control Test and Regular Employment: When a Retainer Is Not an Employer-Employee Relationship

The Supreme Court explains when a company doctor under a retainer agreement is not a regular employee under the control test.

Declaratory Relief in the Philippines: When Can You Ask Courts to Clarify Your Rights

Learn when Philippine courts allow declaratory relief actions, including the requirements of justiciable controversy and ripeness, based on a 2007 Supreme Court ruling.

Moonlighting and Misconduct: When a Second Job Leads to Legal Trouble in the Philippines

Philippine Supreme Court ruling on loss of trust and confidence as just cause for dismissing managerial employees who engage in misconduct.

Walking the Tightrope: How Unjustified Absences Can Lead to Legal Dismissal in the Philippines

Understand when prolonged absences become abandonment of work and justify legal dismissal under Philippine labor law.

Reconstitution of Lost Titles: Supreme Court Clarifies Evidence Rules Under RA 26

Supreme Court clarifies when courts may reconstitute lost land titles, balancing strict rules with practical realities of destroyed records.

Drawee Bank Liability for Altered Checks: Material Alteration Under Philippine Law

When a drawee bank pays a materially altered check, it bears the loss. The Supreme Court explains why in Metrobank v. Cabilzo.

Rescission Rights in Pacto de Retro Sales: When Can a Seller Reclaim Property

Philippine Supreme Court clarifies when a seller can rescind a pacto de retro sale and reclaim property from a defaulting buyer.

Setting the Critical Date for Electric Rate Refunds in the Philippines

A Philippine Supreme Court ruling clarifies when a refund claim over utility charges is barred by prescription, and why the date of payment, not discovery, controls.

Judge Fined P21,000 for Gross Ignorance in Issuing Injunction Without Hearing

Supreme Court fines judge P21,000 for granting TRO extension and preliminary injunction without the mandatory summary hearing under Rule 58.

Spanish Titles and Stare Decisis: Santiago v. Subic Bay Metropolitan Authority

The Supreme Court reaffirmed that Spanish titles can no longer prove land ownership, and that final judgments bind even those who did not appeal.

Mining Contract Transfers: When New Laws Don't Apply Retroactively

Supreme Court ruling on FTAA transfers, presidential approval requirements, and the non-retroactive application of the Philippine Mining Act of 1995.

When Court Errors Are Judicial, Not Administrative: The Tallado Administrative Case

The Supreme Court clarifies that judges' alleged errors in issuing TROs are judicial matters, not grounds for administrative discipline absent bad faith.

Permanent Injunctions Allowed Protecting Bcda Projects Without Hampering Judicial Power

Supreme Court rules RA 7227 bars only TROs and preliminary injunctions against BCDA projects, not permanent injunctions after full trial.

Mootness and Quashed Search Warrants: When a Case Dismissal Ends the Controversy

A dismissed criminal case can render a quashed search warrant issue moot. Learn the practical legal effect rule from this Supreme Court ruling.

Counsel's Negligence and Due Process: When Does It Warrant a New Trial

The Supreme Court explains when a lawyer's negligence justifies a new trial and when it does not, in Elpidio S. Uy v. First Metro Integrated Steel Corp.