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Showing 25–48 of 595 articles for “tro”

Child Trafficking and Sexual Abuse: Philippine Law and Victim Protection

A Supreme Court ruling clarifies qualified trafficking in persons and rape, and the strong legal protections for minor victims in the Philippines.

Independent Contractor vs. Employee: The Control Test in Philippine Labor Law

The Supreme Court clarifies when a "freelancer" is really a regular employee under Philippine labor law, using the control test.

Easements and Eminent Domain in the Philippines: MMDA’s Limits After Diamond Motor

The Supreme Court limits MMDA’s power to impose easements, balancing flood control with private property rights and just compensation.

Protection Orders and Jurisdiction: When Court Errors Are Judicial, Not Administrative

A Supreme Court ruling clarifies when a judge's TRO errors are judicial matters, not grounds for administrative discipline.

Retroactive Application of Psychological Incapacity: Balancing Marital Sanctity and Individual Rights

The Supreme Court clarifies that Article 36 of the Family Code applies retroactively to marriages before 1988, but proof of psychological incapacity remains stringent.

Cyber Libel Retroactivity: When Online Posts Before RA 10175 Are Not Punishable

The Supreme Court clarifies that Facebook posts made before the Cybercrime Prevention Act of 2012 cannot be prosecuted as cyber libel.

Cyber Libel and Retroactivity: When Facebook Posts Escape Criminal Liability

Explaining the Supreme Court ruling that pre-2012 Facebook posts cannot be prosecuted as cyber libel under the Revised Penal Code.

Retroactivity of Tax Rulings Clarifying Documentary Stamp Tax on Intercompany Advances

Supreme Court clarifies when tax rulings apply retroactively, affecting documentary stamp tax on intercompany advances and refund claims.

Default Orders and Affidavit of Merit: Lessons from Far East Fuel v. Airtropolis

A default order can be lifted only with an affidavit of merit and proof of excusable negligence. Learn the rules from a recent Supreme Court ruling.

Unconstitutional Bargain: State Control Over Natural Resources in Philippine Seas

The Supreme Court struck down the JMSU as unconstitutional, reaffirming that exploration of the country's natural resources must remain under full State control.

Reconstitution of Lost Land Titles: Strict Compliance with RA 26 Required

The Supreme Court clarifies that substantial compliance is not enough when petitioning for reconstitution of lost or destroyed land titles under RA 26.

When Court Errors Are Not Misconduct: Judicial Discretion vs. Administrative Liability

The Supreme Court clarifies when a judge's errors in issuing TROs are judicial matters, not grounds for administrative discipline.

Lascivious Conduct Under RA 7610: The Trocio Case on Child Abuse

The Supreme Court clarifies what constitutes lascivious conduct under RA 7610, holding a doctor liable for abusing a minor patient.

Equitable Mortgage vs Pacto de Retro: Protecting Borrowers From Unfair Loan Agreements

When is a "sale with right to repurchase" really a loan? The Supreme Court explains equitable mortgage and pactum commissorium.

Tenant Rights vs Landowner Control: Clarifying Agrarian Dispute Jurisdiction in the Philippines

The Supreme Court clarifies when courts must refer ejectment cases to the DAR and what the DAR certification must contain.

Constructive Possession Knowledge AND Control IN Drug Offenses

The Supreme Court explains when a passenger in a car carrying drugs can be convicted of constructive possession under RA 9165.

Grave Misconduct in Government Procurement: SC Reverses Acquittal of Bataan Officials

Supreme Court reinstates dismissal of Bataan officials for grave misconduct in anomalous patrol boat procurement, stressing public trust breach.

Upholding Academic Freedom: Supreme Court Limits State Control Over Law School Admissions

The Supreme Court strikes down the PhiLSAT requirement as an unconstitutional intrusion on law schools' academic freedom to admit students.

Understanding Judicial Reconstitution of Torrens Titles in the Philippines: Key Insights From a Landmark Case

Learn how Philippine courts handle judicial reconstitution of lost or destroyed Torrens titles, with insights from a landmark Supreme Court ruling.

Unlocking Filipino Citizenship: How a Philippine Passport Can Prove Your Nationality

A Philippine passport is strong proof of citizenship. The Supreme Court explains its weight in correcting civil registry entries.

Understanding Retroactive Application of Regulatory Resolutions Impact on Electric Cooperatives in the Philipp

This article explains the Supreme Court's ruling on the 120-day period for VAT refund claims and how BIR Ruling No. DA-489-03 affects electric cooperatives and taxpayers.

Res Judicata and Prescription in Banking Disputes: Key Lessons from Metrobank v. Spouses Uy

The Supreme Court clarifies when a prior judgment bars a later case and how prescription runs in collection suits involving dishonored checks.

Crossed Checks as Proof of Debt: A Landmark Philippine Supreme Court Ruling

The Supreme Court ruled that crossed checks issued to a named payee are strong evidence of debt, reversing the Court of Appeals.

Capital Reduction Rules in the Philippines: What Shareholders Should Know After Metroplex v. Sinophil

The Supreme Court clarifies the requirements for reducing corporate capital stock under Section 38 of the Corporation Code, and limits SEC review.