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Showing 73–96 of 595 articles for “tro”

Government Control vs Corporate Structure: Defining Audit Jurisdiction in the Philippines

The Supreme Court rules that government control, not corporate form, determines COA audit jurisdiction over corporations in the Philippines.

Employment Status and Control Test in Illegal Dismissal Cases: A Guide

Explaining how Philippine courts determine employment status and jurisdiction in illegal dismissal cases, using the Loreche-Amit v. CDMC ruling.

The Importance of Evidence: How a Case Falters Without Proper Presentation

A case on land possession shows why evidence must be properly presented—bare allegations and uncertified documents can derail even a strong claim.

When Land Boundaries Prevail Over Stated Area in Lump-Sum Sales

Philippine Supreme Court clarifies that in lump-sum land sales, boundaries control over stated area, preventing relitigation of ownership disputes.

Lump Sum Sales Boundaries Prevail Over Area In Real Estate Contracts

Philippine Supreme Court clarifies that in lump sum real estate sales, boundaries control over stated area under Article 1542.

Reasonable Doubt in Drug Cases: When Police Lapses Lead to Acquittal

How failure to follow Section 21 of RA 9165 can destroy the prosecution's case and uphold the accused's presumption of innocence.

Unlawful Detainer The Jurisdictional Tightrope of Ejectment Cases in the Philippines

Understand the jurisdictional rules in unlawful detainer cases and why getting the wrong court can cost you your case.

Reconstitution of Lost Title: Supreme Court Clarifies Rules on Proof and Sources

The Supreme Court clarifies when courts may order reconstitution of a lost or destroyed land title under Republic Act No. 26.

Bail in Capital Offenses: Evidence of Guilt Must Match the Crime Charged

A murder charge does not automatically mean no bail; the prosecution must show strong evidence of murder, not just any wrongdoing.

PHAPi v. Medialdea: Standing and Justiciability in the Anti-Hospital Deposit Law Challenge

The Supreme Court dismissed PHAPi's constitutional challenge to R.A. 10932 for lack of legal standing and absence of an actual case or controversy.

Judicial Accountability: Dismissal of Charges Absent Bad Faith or Corruption

The Supreme Court clarifies when judges may be held administratively liable, dismissing charges against a judge who issued a TRO without bad faith.

Supreme Court Fines Judge for Indefinite TRO and Delay in Resolving Case

SC penalizes judge for issuing an indefinite TRO and for undue delay, clarifying rules on multiple administrative offenses.

Ombudsman Decisions in Administrative Cases Are Immediately Executory

The Supreme Court confirms that Ombudsman decisions in administrative cases are immediately executory, even pending appeal, unless a court issues a TRO or preliminary injunction.

Tax Declarations as Evidence of Ownership: Protecting Possessory Rights

The Supreme Court clarifies that tax declarations, while not conclusive, are strong evidence of possession in the concept of owner when coupled with continuous possession.

Retroactive Penalty Adjustment Under RA 10951: The Elbanbuena Guidelines

The Supreme Court explains how convicts can seek reduced sentences and possible release under RA 10951, even after final judgment.

Judicial Accountability: When a Judge’s TRO Error Is Not Gross Ignorance of the Law

Explaining when a judge’s erroneous TRO is excusable oversight versus gross ignorance of law, citing the Supreme Court’s ruling in OCA v. Alaras.

Reconstitution of Lost Titles: Supreme Court Clarifies Rules on Lost Owner's Duplicates

The Supreme Court clarifies when courts may reconstitute lost land titles, easing strict documentary requirements after disasters destroyed registry records.

Upholding Conviction in Drug Sale: Minor Inconsistencies Do Not Taint Evidence Integrity

Minor witness inconsistencies do not destroy a drug sale conviction when the corpus delicti's chain of custody remains intact.

Judicial Discretion vs Legal Mandates: Balancing Urgency and Procedure in TRO Extensions

A Supreme Court ruling on a judge's administrative liability clarifies the strict limits of 72-hour TRO extensions and the proper handling of weekend bail applications.

Notarial Standards and Valid ID: The 2004 Rules Apply Prospectively, Not Retroactively

A lawyer cannot be disciplined for notarizing a deed using CTCs when the old notarial law, not the 2004 Rules, applied at the time.

Corporate Rehabilitation Stay Orders and Creditor Set-Offs: The Allied Banking v. SCP Ruling

When does a rehabilitation stay order bind creditors? The Supreme Court explains retroactivity, set-offs, and due process in Allied Banking v. SCP.

Contractor Relationships and the Test for Employer Liability in the Philippines

Philippine Supreme Court clarifies the control test for employer liability in contractor relationships, and the duties of lawyers and notaries.

When Courts Can Pierce the Corporate Veil to Reach a Natural Person's Assets

Explaining the Supreme Court's ruling on reverse piercing of the corporate veil, allowing creditors to reach corporate assets to satisfy a judgment against a controlling individual.

RA 10951 Retroactive Application: Modifying Malversation Penalties After Final Judgment

Explains Hernan v. Sandiganbayan, where the Supreme Court allowed RA 10951's favorable penalty reduction to apply even after final judgment in malversation cases.