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Showing 193–216 of 595 articles for “tro”

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.

Surety's Liability Under Performance Bonds: Philippine Charter Insurance v. Petroleum Distributors

When a performance bond covers a building contract, a surety's liability includes liquidated damages. This case explains the rules.

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.

Nogales v. People: When Obscene Files in Computers Are Forfeited Even Without Conviction

Supreme Court rules hard disks containing obscene materials are forfeited and destroyed under P.D. 969 even if criminal case is dismissed.

Reconstitution of Lost Title: Supreme Court Clarifies Rules on Destroyed Land Records

Supreme Court clarifies rules on reconstituting lost land titles when registry records were destroyed by fire, easing documentary requirements.

Verbal Dismissal in the Philippines: Why Oral Termination Is Illegal Without Due Process

Verbal dismissal alone cannot lawfully end employment in the Philippines. Learn the due process rules from Uy v. Centro Ceramica.

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.

Credibility in Rape Cases: Minor Inconsistencies Do Not Undermine Conviction

Philippine Supreme Court explains why minor inconsistencies in a rape victim's testimony do not destroy credibility or overturn a conviction.

When Illegal Dismissal Claims of Probationary Employees Fall Outside DARAB Jurisdiction: Del Monte Philippines

The Supreme Court clarifies DARAB jurisdiction over agrarian disputes, distinguishing recovery of possession cases from tenurial controversies under RA 6657.

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.

Excise Tax Refunds: Who Can Claim for Petroleum Products Sold to International Carriers

Learn who may claim excise tax refunds on petroleum products sold to international carriers under Philippine law, based on a Supreme Court ruling.

TRO Rules Explained: Lessons from the Lago v. Abul Administrative Case

A judge's suspension-worthy errors in issuing TROs and injunctions, and the procedural rules every litigant should know.

Writ of Preliminary Mandatory Injunction in Property Disputes: Protecting Possession Rights

When can a court issue a writ of preliminary mandatory injunction to restore possession in property disputes? The Supreme Court explains in Castro v. Se.

Corporate Liability in Illegal Petroleum Trading: Defining the Scope of Responsibility

Supreme Court clarifies who may be held criminally liable for illegal LPG refilling and underfilling under BP 33, as amended.

Protecting the Vulnerable: Statutory Rape and Mental Capacity to Consent in the Philippines

In People v. Castro, the Supreme Court affirmed that sex with a mental retardate whose mental age is below 12 is statutory rape—consent is legally impossible.

Conjugal Property Rights in the Philippines: Protecting Assets From Spousal Debt

Learn how Philippine courts treat conjugal property when one spouse incurs personal debt, and what the Imani v. Metrobank ruling means for creditors and families.

Reclusion Perpetua VS Reclusion Temporal Determining Criminal Liability AND Retroactive Application OF Juvenile Justice ACT

Preventive Suspension: Strong Evidence of Dishonesty Justifies Temporary Removal in Public Service

Supreme Court rules on when preventive suspension of public officials is justified, clarifying the "strong evidence" standard under the Ombudsman Act.

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

Maintaining Decorum: Court Employees and the Duty of Ethical Conduct

The Supreme Court fined and reprimanded two court employees for shouting at each other inside a courtroom, stressing that decorum is required of all judicial personnel.

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.