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.
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Retrenchment Rules in the Philippines: When Cost-Cutting Becomes Illegal Dismissal
Philippine Supreme Court explains when retrenchment is illegal: employer must prove losses, use fair criteria, and follow notice rules.
Abandonment vs Constructive Dismissal: Employer Duties and Employee Rights in Termination Disputes
Philippine Supreme Court clarifies the distinction between abandonment and constructive dismissal, and the burden of proof in illegal dismissal cases.
Forced Resignation Is Illegal Dismissal: Casa Cebuana v. Leuterio
Forcing an employee to resign without due process is illegal dismissal. Learn the two-notice rule from Casa Cebuana v. Leuterio.
Illegal Dismissal Termination Requires Proof of Voluntary Resignation
Employers claiming voluntary resignation must prove it; otherwise, dismissal is illegal and separation pay is due.
Illegal Dismissal vs AWOL: When a Security Guard's Absence Is Not Abandonment
Supreme Court ruling clarifies when a worker's absence is illegal dismissal, not AWOL or abandonment, and the rules on off-detail status.
Clarifying Back Wages IN Illegal Dismissal Coca Cola VS Agito
When Attorney Negligence Impacts Client Rights: The M+W Zander Illegal Dismissal Case
The Supreme Court clarifies when an employer may validly dismiss for loss of trust and confidence, and when dismissal becomes illegal.
Illegal Dismissal: Proving Valid Cause and the Right to Reinstatement and Backwages
Learn the rules on illegal dismissal, valid cause, and the employee's right to reinstatement and backwages from this Philippine Supreme Court case.
Illegal Dismissal: Employer Bears Burden of Proving Just Cause and Due Process
Philippine Supreme Court ruling on employer's burden to prove just cause and due process in illegal dismissal cases.
Corporate Officer Status Determines Jurisdiction Illegal Dismissal Claims Must BE Filed IN Regular Courts
When a dismissed employee is a corporate officer, jurisdiction over illegal dismissal claims lies with regular courts, not the NLRC.
Safeguarding OFW Rights Supreme Court Strikes Down Unfair Compensation Limits IN Illegal Dismissal Cases
The Supreme Court struck down the three-month cap on illegal dismissal compensation for overseas Filipino workers, affirming full protection of their contractual rights.
Constructive Dismissal and Abandonment: When a Work Reduction Scheme Becomes Illegal Dismissal
The Supreme Court clarifies the distinction between constructive dismissal and abandonment in labor cases, ruling on a hotel's work reduction scheme.
Illegal Dismissal and Employee Misconduct: Balancing Rights and Responsibilities in Employment Law
Learn how the Supreme Court balanced illegal dismissal claims against employee misconduct in Palteng v. United Coconut Planters Bank.
Improper Appeal Why Hanjins Certiorari Petition Failed TO Overturn Illegal Dismissal Ruling
Why a certiorari petition failed to overturn an illegal dismissal ruling, and what it means for litigants.
Burden of Proof in Illegal Dismissal: Why Employers Must Justify Termination
Philippine law places the burden of proof on employers in illegal dismissal cases. Learn the rules and practical takeaways.
Burden OF Proof IN Illegal Dismissal Cases Employers Responsibility TO Substantiate Just Cause
Regular Employee Status, Security of Tenure, and Retirement Rights Under Philippine Labor Law
SC ruling on regular employment, illegal dismissal, and retirement rights under Article 302 of the Labor Code.
Victory Liner v. Race: Good Faith Can Limit Backwages in Illegal Dismissal Cases
When an employer acts in good faith, an illegally dismissed employee may receive limited backwages instead of full backwages.
Reinstatement vs Retirement: Resolving Conflicting Employment Rights After Illegal Dismissal
When an illegally dismissed employee reaches retirement age, the right to reinstatement yields to the employer's valid retirement plan, the Supreme Court rules.
Resignation vs Termination: When a Resignation Letter Is Not Enough in Philippine Labor Law
Philippine Supreme Court clarifies when a resignation is not voluntary and how employers must prove it to defeat illegal dismissal claims.
Breach of Contract vs Illegal Dismissal: When Labor Arbiters Have Jurisdiction
The Supreme Court clarifies when a breach of contract claim falls under labor arbiter jurisdiction in U-Bix v. Hollero.
Abandonment of Post: Employers’ Rights and Seafarers’ Responsibilities Under Philippine Law
A seafarer who fails to rejoin his vessel after approved leave may be liable for abandonment, not illegal dismissal.
Employer Rights vs Employee Due Process: Illegal Dismissal and Nominal Damages
Philippine Supreme Court clarifies that even valid dismissals require procedural due process, with nominal damages for violations.