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Showing 49–72 of 152 articles for “control”

Local Autonomy vs State Control: DENR's Authority Over Small-Scale Mining Permits

The Supreme Court upholds DENR's power to review and cancel small-scale mining permits issued by provincial governors, clarifying limits of local autonomy.

Defining Capital: Filipino Control of Public Utilities Under the Constitution

The Supreme Court clarifies that mean in the Constitution's requirement that public utilities be at least 60% Filipino-owned? The answer—that "capital" refers to voting stock, not all outstanding shar

Regular Employment vs Consultancy: Defining the Line in Illegal Dismissal Cases

A consultant labeled regular employee: how control and supervision define employment status in illegal dismissal cases under Philippine law.

Presidential Control vs Agency Autonomy: Disallowed Incentive Awards Without Approval

When can the President override an agency's incentive program? The Supreme Court explains the limits of agency autonomy under presidential control.

Defining Manager Expands Sandiganbayan Jurisdiction Over Graft Cases Involving Government Owned Corporations

Supreme Court clarifies that narrowly, citing a dictionary definition that referred to one who has charge of a corporation and control of its businesses or branch establishments. The Supreme Court, ho

Defining the Power of Control in Labor Disputes: The Legend Hotel Case

When is a hotel pianist an employee, not an independent talent? The Supreme Court clarifies the control test in illegal dismissal cases.

Control Test Decides Employer-Employee Relationship in Philippine Labor Law

Philippine Supreme Court ruling on Charlie Jao v. BCC Products Sales Inc. explains the control test and four elements determining employer-employee relationship.

Supreme Court Clarifies Control Test in Proving Employer-Employee Relationship

The Supreme Court affirms that control over an employee's conduct is the decisive test in determining employer-employee relationships in labor disputes.

Prosecutors Discretion Prevails Understanding The Limits OF Bureau OF Customs Authority IN Smuggling Cases

The Supreme Court clarifies that the Bureau of Customs cannot control criminal prosecutions—that power belongs to public prosecutors.

Employee vs Independent Contractor: Key Factors in Philippine Labor Law

The Supreme Court clarifies the control test distinguishing employees from independent contractors, using an insurance agent case as guide.

Local Government Officials and Legal Representation: Defining Government Instrumentalities

Supreme Court clarifies that government-owned or controlled corporations like NPC are "instrumentalities" under the Local Government Code, disqualifying sanggunian members from appearing as counsel ag

Judicial Seniority in the Court of Appeals: Date of Appointment Controls

The Supreme Court settles how CA justices' seniority is determined—by appointment date, not transmittal or barcode.

Retail Trade Liberalization: Balancing Economic Growth and Filipino Control

The Supreme Court upheld the Retail Trade Liberalization Act of 2000, ruling that the Constitution does not mandate a Filipino monopoly over the economy.

Water Districts as GOCCs: Reaffirming Government Control and Audit Authority

The Supreme Court reaffirms that water districts are government-owned or controlled corporations with special charters, settling tax and audit questions.

Decoding Independent Contractors When Control Determines Employment Status in the Philippines

Philippine Supreme Court clarifies employer-employee relationship tests and the mandatory certificate of non-forum shopping in NLRC appeals.

Independent Contractor or Employee? Control in Insurance Agency Agreements

Philippine Supreme Court clarifies when an insurance agent becomes an employee, applying the four-fold test and control standard.

Mining Rights and State Control: The Limits of Exploration Permits in the Philippines

Philippine Supreme Court ruling on exploration permits, vested rights, and state control over mineral reservations under the Mining Act.

Employer Control Determines Employment Status: The PLDT Security Guard Case

When a security agency's contract ends but guards remain at their posts under the principal's direction, an employer-employee relationship may arise.

Procedural Due Process and Employee Dismissal: When a Security Agency Contract Ends

When a security agency contract ends but guards remain on post, who is the employer? The Supreme Court clarifies control, due process, and liability.

Duress vs Free Will: When Fear Does Not Excuse Criminal Liability

Philippine Supreme Court explains when uncontrollable fear excuses a crime and when it does not, in a murder case.

Constitutional Limits on Land Ownership: Aliens Cannot Indirectly Control Philippine Land Through Filipino Spo

Philippine Supreme Court ruling that alien spouses cannot claim rights over land titled to Filipino wives, citing constitutional prohibitions.

Independent Contractor vs Employee: Control Test in Consultancy Agreements

The Supreme Court clarifies when a consultant is an independent contractor, not an employee, using the four-fold test and control test.

Upholding Prosecutorial Powers of the Ombudsman: Lessons from Lazatin v. Desierto

The Supreme Court affirms the Ombudsman's prosecutorial powers and control over the Office of the Special Prosecutor in Lazatin v. Desierto.

Real Property Tax: What Counts as Pollution Control Equipment for Exemption

The Supreme Court clarifies when pollution control structures qualify for real property tax exemption under the Local Government Code.