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Showing 97–120 of 595 articles for “tro”

Retirement Benefits and Retroactivity: PITC v. COA on Judicial Interpretation

When a Supreme Court ruling interprets a law, it applies retroactively. PITC learned this in a dispute over retirement benefits.

MWSS Benefits Disallowance: Retroactive Effect of Judicial Rulings on Government Compensation

Supreme Court rules judicial interpretations of law apply retroactively, not prospectively, in government benefits disallowance cases.

Reconstitution of Lost Titles: Proving Clear and Convincing Evidence in the Philippines

The Supreme Court clarifies the strict evidentiary standard for reconstituting lost or destroyed land titles under Republic Act No. 26.

Lawyer Suspended for Deceit in Business Dealings: A Lesson in Legal Ethics

A lawyer's one-year suspension for deceitful business conduct reminds Philippine attorneys that ethical standards apply beyond the courtroom.

Bail and Plunder: Examining the Strength of Evidence for Provisional Liberty

The Supreme Court upholds denial of bail in plunder case, explaining the standard of "strong evidence" and the limits of certiorari review.

Corporate Inspection Rights: When Stockholder Disputes Become Intra-Corporate

Supreme Court clarifies when stockholder inspection disputes are intra-corporate controversies and how corporations may validly deny access to records.

Regular Employment vs Independent Contractor: The Control Test in Philippine Labor Disputes

The Supreme Court clarifies when construction workers are regular employees, not independent contractors, using the four-fold test and control test.

Balancing Property Rights When Homeowner Access Clashes With Association Control

Inconsistencies in a Rape Victim's Testimony Do Not Destroy Credibility

The Supreme Court ruled that minor inconsistencies in a child rape victim's testimony, including uncertainty over dates, do not destroy her credibility.

SALN Dishonesty and Concealed Assets: De Castro v. Field Investigation Office

Supreme Court ruling on SALN dishonesty, concealed assets in children's names, and why omission amounts to grave administrative offense.

Derivative Suits and Intra-Corporate Controversies Jurisdiction Clarified

The Supreme Court clarifies the distinction between derivative suits and intra-corporate controversies, and which court has jurisdiction over each.

Digging for Trouble: When Unauthorized Excavation Leads to Dismissal

Supreme Court rules on grave misconduct for court employees who dug for hidden treasure inside the SC compound in Baguio.

Local Autonomy vs Centralized Control: Who Appoints Metro Cebu Water District Directors

Supreme Court ruling on whether the Cebu City Mayor or the Provincial Governor appoints MCWD board members under P.D. 198.

Local Autonomy vs Centralized Power: Who Decides on Water Governance

Supreme Court ruling on who appoints water district boards when cities fail the 75% threshold, balancing local autonomy against centralized control.

The Limits of Appellate Courts Introducing New Evidence on Appeal in Philippine Law

Philippine appellate courts generally cannot receive new evidence on appeal; review is limited to the trial record. This article explains the rule.

Work-Related Stroke: Supreme Court Upholds Employees' Compensation Claims

Learn how the Supreme Court ruled that a worker's stroke can be compensable under Philippine law, using substantial evidence and probability.

Stroke Compensation Claims: When Work Stress Meets Employee Welfare

Supreme Court clarifies when stroke and hypertension are compensable under PD 626, emphasizing probability over certainty in employee claims.

When a "Retainership" Is Really Employment: The Control Test and Security of Tenure

Philippine Supreme Court clarifies when a retainership agreement masks an employer-employee relationship, applying the control test to protect security of tenure.

Local Autonomy vs Central Control: Presidential Power in Hospital Devolution

The Supreme Court upholds Executive Order No. 567 devolving Taguig-Pateros District Hospital to the City of Taguig, clarifying presidential power.

Candor in the Courtroom: Suspension for Lack of Transparency in Legal Proceedings

A lawyer's failure to disclose a pending motion before another forum led to suspension. Learn the ethical duty of candor.

Navigating Search Warrants Upholding Rights IN Drug Cases

The Supreme Court clarifies when errors in issuing TROs are judicial matters, not administrative offenses, and warns against harassment suits against judges.

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

Philippine Supreme Court clarifies the right of control test distinguishing independent contractors from employees in Valeroso v. Skycable.

Attorney Accountability for Defamatory Imputations Against Courts

Supreme Court suspends two lawyers for a checkbook entry implying the Sandiganbayan took a P2M bribe for a TRO.

Breach of Trust Dismissal for Theft of Court Exhibit Undermines Judicial Integrity

Court personnel who steal exhibits betray the judiciary's trust. The Supreme Court's ruling in Castro shows why dismissal is the only fitting penalty.