Legal Insights

Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.

Showing 217240 of 994 articles for hearing

Appeal Dismissed Understanding Questions OF LAW VS Questions OF Fact IN Summary Judgments

The Supreme Court clarifies the distinction between questions of law and fact in appeals from summary judgments, and the proper remedy.

Union Security Clauses and Due Process: Yumang v. RPN 9

When can an employer terminate an employee expelled by a union? The Supreme Court clarifies the due process required under union security clauses.

Misconduct in the Workplace: Defining the Boundaries of Trust and Employment

Philippine Supreme Court ruling clarifies when serious misconduct justifies dismissal and the evidentiary standard employers must meet.

Breach of Trust: Upholding Termination for Unauthorized Disclosure and False Certifications in Banking

Philippine Savings Bank v. Barrera clarifies when banks may validly dismiss officers for breach of trust, unauthorized disclosures, and false certifications.

Judicial Impartiality: A Judge's Duty to Disqualify in Cases Involving Relatives

The Supreme Court clarifies when judges must disqualify themselves from cases involving relatives, even at the warrant stage.

Justice Delayed: Holding Judges Accountable for Delayed Case Resolutions in the Philippines

The Supreme Court fined a Cebu judge P75,000 for gross inefficiency after failing to decide 99 cases and resolve 91 incidents within the mandatory 90-day period.

Lawyer Suspended for Neglecting Client’s Cases and Unjustified Withdrawal

A lawyer who withdrew from a case without client consent or court approval was suspended for one year and ordered to return fees.

Due Process in Administrative Actions: Fair Notice in Recruitment Cases

The Supreme Court rules that administrative due process requires furnishing the accused with the evidence against them, not just a hearing.

Lawyers Must Return Fees for Incompetent Service: A.C. No. 10543

When a lawyer accepts a case beyond their competence, they must return the full fees paid. The Supreme Court explains the rule on quantum meruit.

Mining Rights: Exhaustion of Administrative Remedies and DENR Secretary Authority

Philippine Supreme Court clarifies that DENR Secretary's approval of mining agreements is administrative, not quasi-judicial, requiring exhaustion of administrative remedies.

Mining Rights: Exhaustion of Administrative Remedies and the DENR Secretary's Authority

The Supreme Court clarifies when courts can review mining disputes, the DENR Secretary's administrative powers, and the need to exhaust remedies.

Illegal Dismissal: PAL's Duty to Prove Valid Retrenchment Explained

Philippine Airlines failed to prove valid retrenchment, making employee dismissals illegal. Learn the burden of proof employers must meet.

Over Recovery Refunds Ensuring Fair Electricity Rates FOR Consumers

Explains NEECO I v. ERC on electric cooperative over-recovery refunds, system loss caps, and consumer rate protection.

Corporate Rehabilitation Venue and Joint Petitions Under Philippine Law

The Supreme Court clarifies venue rules for corporate rehabilitation and disallows joint petitions by separate corporations under the Interim Rules.

COMELEC Authority Over Election Officers and Execution Pending Appeal Rules

Supreme Court clarifies COMELEC's supervisory power over election officers and when courts lose jurisdiction to order execution pending appeal.

Union Officers' Failure to Act on Member's Appeal Is Unfair Labor Practice

Supreme Court rules union officers who ignore a member's appeal commit unfair labor practice violating the right to self-organization.

Union Members' Right to Due Process in Suspension and Expulsion Cases

Supreme Court rules union officers liable for unfair labor practices when they ignore members' appeals from suspension and expulsion.

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.

Abandonment vs Illegal Dismissal: Protecting Security Guards' Rights in the Philippines

Philippine Supreme Court clarifies abandonment vs illegal dismissal in labor-only contracting cases involving security guards and agency-hired workers.

Preventive Suspension for Separate Offenses: Smart Communications v. Solidum

Supreme Court clarifies that employers may impose fresh preventive suspensions for newly discovered offenses, and explains the limits of the rule.

NCIP Jurisdiction: Protecting Indigenous Rights vs. Rights of Non-Indigenous Parties

The Supreme Court clarifies when the NCIP has jurisdiction over disputes involving indigenous peoples and non-indigenous parties under IPRA.

Termination Disputes and Choice of Law: Protecting Philippine Labor Rights in Cross-Border Employment

Philippine labor tribunals can hear termination disputes involving foreign employers; Philippine law applies when the worker's duties are performed here.

Security of Tenure vs Management Prerogative: Balancing Rights in Security Agency Employment

Philippine Supreme Court ruling on the balance between security of tenure and management prerogative in security agency employment.

Failure to Prosecute and Counterclaims: Lessons from Roasters Philippines v. Gaviola

When can a case be dismissed for failure to prosecute, and what happens to counterclaims? The Supreme Court clarifies the rules.