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Showing 409–432 of 595 articles for “tro”

Retroactive Application of Procedural Rules Ensuring Timely Appeals in Philippine Courts

Philippine Supreme Court explains when procedural rules apply retroactively, allowing a late certiorari petition to proceed.

Jurisdiction Over PNP Officers: Salary Grade Thresholds and Retroactive Application in Criminal Cases

Explaining Escobal v. Garchitorena on Sandiganbayan jurisdiction, salary grade thresholds, and retroactive application of R.A. 7975.

Weaponizing Fear: Rape Conviction Upheld Despite Victim's Delay in Reporting

The Supreme Court has ruled that a victim's delay in reporting a rape does not destroy her credibility, especially when the delay is explained by threats and fear.

Mining Rights vs National Patrimony: The La Bugal Case on Foreign Control of Philippine Resources

Explaining the Supreme Court's La Bugal ruling on the Philippine Mining Act and foreign ownership limits over the country's mineral resources.

Can Courts Retroactively Change BP 22 Penalties After Final Judgment? SC Says No

SC rules that Admin Circular 12-2000 on BP 22 penalties is not a penal law, so it cannot be applied retroactively to final judgments.

When Tax Regulations Apply: Retroactivity vs Prospectivity in Philippine Law

Understanding when tax regulations apply retroactively or prospectively under Philippine law, with key principles and practical guidance.

TRO Limits: Administrative Circular No. 20-95 and Judicial Misconduct

A judge's TRO without summary hearing violated Administrative Circular No. 20-95, resulting in a fine for grave abuse of authority.

When Is a Land Sale "Conveyed" for Repurchase? Notarial Deed Prevails

A notarized deed's date controls the five-year repurchase period under the Public Land Act, the Supreme Court rules.

Dwelling AS AN Aggravating Circumstance Retroactive Application AND THE Right TO BE Informed

Release of Seized Evidence Before Trial: Upholding Prosecutorial Authority and Due Process

A judge's order releasing seized evidence before trial drew administrative sanctions. Learn the rules on custody of evidence and prosecutorial control.

Defying Court Orders Corporate Officers Held Liable For Contempt AND Restitution

Corporate officers who defy court orders to return property can be held in contempt and ordered to pay restitution personally, even if a fire later destroys the property.

Rape Conviction Upheld Despite Inconsistencies in Victim's Testimony

Philippine Supreme Court affirms rape conviction, explaining why minor inconsistencies in testimony don't destroy credibility and what constitutes carnal knowledge.

Control Is Key: Determining Employer-Employee Relationships in Outsourcing Arrangements

The Supreme Court clarifies when a principal employer becomes liable for outsourced workers, emphasizing control over contractual labels.

Rape Conviction Affirmed Minor Inconsistencies DO NOT Negate A Victims Testimony

Supreme Court affirms rape conviction, ruling minor inconsistencies in a victim's testimony do not destroy credibility. Learn the key rules.

Upholding Ethical Standards in Court Liability for Discourtesy, Negligence, and Premature Judgments

A Supreme Court ruling on judicial misconduct in issuing TROs over customs seizure cases, reinforcing ethical standards for judges.

Civil Law Leases and Tenant Rights: Clarifying Landowner Control in Agrarian Reform

Supreme Court ruling on when civil law lessees may install tenants, and the limits of landowner control under agrarian reform laws.

Retroactivity vs Prospectivity: Protecting Vested Rights in Agrarian Reform Appeals

The Supreme Court clarifies when its ruling on the proper mode of appeal in agrarian cases applies, protecting vested rights.

Retroactivity of Remedial Laws: Clarifying the Period for Filing Certiorari Petitions

The Supreme Court clarifies when the 60-day period for filing certiorari petitions is counted, applying amended procedural rules retroactively.

Employer-Employee Relationship and Illegal Dismissal: The Control Test in Philippine Labor Law

Philippine Supreme Court clarifies the control test for employer-employee relationship and rules on illegal dismissal due to disease in Sy v. Court of Appeals.

False Promises, Broken Dreams: Illegal Recruitment and the Pursuit of Overseas Work

Illegal recruitment in large scale is a crime of economic sabotage. A Supreme Court ruling shows how false promises of jobs abroad destroy dreams.

Limits on Pre-Proclamation Controversies: Challenging Ballot Box Security in the Philippines

The Supreme Court held that missing padlocks on ballot boxes are not a valid pre-proclamation issue, limiting challenges to the face of the election returns.

Failure OF Election VS PRE Proclamation Controversy Safeguarding Electoral Integrity IN THE Armm

Retroactive Regular Employment: When Prior Service Counts Toward Benefits

Philippine Supreme Court ruling on when prior contractual service counts toward regular employment and CBA benefits under labor law.

Supreme Court Upholds Murder Conviction Despite Fugitive Status

The High Court affirms a murder conviction even as the accused remains at large, ruling on treachery, alibi, and the retroactive application of procedural rules.