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Showing 121–144 of 595 articles for “tro”

Corporate Control and Stock Ownership: Resolving Disputes in Philippine Corporations

A Supreme Court ruling clarifies how stock ownership disputes affect corporate elections and why prior rulings cannot be overstretched.

Perfecting Appeals Strict Compliance AND Jurisdictional Requirements IN Philippine LAW

Reconstitution of a Torrens title requires clear proof the certificate was genuine and in force when lost or destroyed.

Excise Tax Exemption for International Carriers: A Landmark Ruling on Refunds

The Supreme Court affirms excise tax refunds for petroleum products sold to international carriers, upholding international commitments under the Chicago Convention.

Land Registration: Proving Possession Since June 12, 1945 for Title Applications

Philippine Supreme Court ruling on pacto de retro sales, indispensable parties, and evidentiary weight of notarized documents in land title disputes.

Pacto de Retro Sales: Indispensable Parties and Overcoming Presumptions

Supreme Court clarifies who are indispensable parties in pacto de retro consolidation cases and when notarized documents prevail.

Labor-Only Contracting: When a Principal Becomes the True Employer

Supreme Court clarifies labor-only contracting and employer-employee relationship, holding principals liable for benefits when contractors lack capital or control.

Balancing Public Order and Private Rights: Limits on Summary Abatement of Nuisances

When can barangay officials destroy property as a public nuisance? The Supreme Court clarifies the limits of summary abatement.

Labor-Only Contracting and Illegal Dismissal: Solidary Liability of Principal and Contractor

Philippine Supreme Court ruling on labor-only contracting, control test, and solidary liability for illegal dismissal under the Labor Code.

Dispositive Portion Prevails When DOJ Resolution Body Conflicts With Fallo

When a DOJ resolution's body conflicts with its dispositive portion, the fallo controls. Learn the rule from Santiago v. Bello IV.

Excise Tax Refunds on Petroleum Products Sold to Tax-Exempt Entities in the Philippines

The Supreme Court clarifies when oil companies can claim excise tax refunds for fuel sold to tax-exempt entities like Clark Development Corporation.

Navigating Land Title Disputes When A Torrens Title Fails TO Guarantee Ownership IN THE Philippines

A Torrens title is strong evidence of ownership but not absolute. This case shows how courts look beyond titles to determine true ownership.

When Doubts Linger: Examining Witness Identification and the Unfolding of Justice in Kidnapping Cases

The Supreme Court affirms kidnapping convictions, clarifying the defense of uncontrollable fear and the weight of positive witness identification.

Bail and Treachery: Reassessing Provisional Liberty in Murder Cases

The Supreme Court clarifies when bail may be granted in murder cases and how treachery must be proven by strong evidence.

Corporate Control Belongs to the Board, Not External Agreements

Supreme Court rules the board of directors holds corporate control, voiding external agreements that bypass it.

Forged Signatures and Property Rights: How Laches and Prescription Can Defeat a Land Claim

A Supreme Court ruling shows why delay can destroy a landowner's claim, even when fraud is alleged, and how laches and prescription bar stale property suits.

Abuse of Superior Strength in Murder: Key Lessons from People v. De Castro

The Supreme Court explains when abuse of superior strength qualifies a killing as murder under Philippine law.

Foreclosure Deficiencies: The Bank's Burden of Proof in Loan Recovery

In Metrobank v. CPR Promotions, the Supreme Court ruled that a bank must prove the exact deficiency amount after foreclosure, or lose its claim.

Protecting Workers Employers Faulty Systems Cannot Justify Employee Penalties

Learn how the Supreme Court ruled that employers cannot penalize workers for systemic failures beyond their control.

Reconstitution of Lost Titles: Supreme Court Clarifies Rules in Favor of Property Owners

Supreme Court clarifies reconstitution of lost land titles under RA 26, allowing practical evidence when records are destroyed.

Dividing Inherited Lands: Ownership Disputes and Property Rights in the Philippines

Learn how Philippine courts resolve inherited land disputes, including pacto de retro sales, co-ownership, and the rights of buyers in good faith.

Retroactivity of Laws Protecting Vested Retirement Benefits of Military Personnel

Supreme Court rules PD 1638 cannot retroactively strip vested retirement benefits of military retirees under RA 340.

Regular Employment vs Talent Contract: Defining Employer-Employee Relationships in Media

How the Supreme Court distinguished regular employees from talents in ABS-CBN's TV Patrol Bicol case, applying the control test.

Trademark Registration: Similarity and Consumer Confusion in Electronic Goods

A Supreme Court ruling clarifies when identical trademarks can coexist on different electronic goods under Philippine IP law.

Possession Trumps Ownership: Upholding Conviction for Illegal Firearms Based on Control, Not Title

Philippine Supreme Court clarifies that illegal possession of firearms requires control, not ownership. Conviction upheld on constructive possession.