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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Procedural Rigidity vs Substantive Justice: Dismissal for Non-Compliance in Philippine Courts
Philippine courts may dismiss petitions for certiorari for procedural lapses like defective forum shopping certificates. Learn the rules.
Breach of Public Trust: Dishonesty in Government Service and Its Consequences
Explaining how the Supreme Court upheld dismissal for dishonesty when a government official misused fuel for personal vehicles, and why length of service cannot excuse grave offenses.
Loss of Trust and Confidence as Just Cause: Balancing Employer Rights and Due Process in Termination Cases
The Supreme Court clarifies when loss of trust and confidence justifies dismissal, and when employers still owe employees procedural due process.
Ombudsman Dismissal for Dishonesty Affirmed: Gasoline Withdrawals for Unserviceable Vehicles
Supreme Court affirms dismissal of city official found guilty of dishonesty for withdrawing government gasoline for unserviceable and personal vehicles.
Illegal Dismissal vs. Abandonment: When Turning Over Files Means Termination
The Supreme Court clarifies when an employee's turnover of files signals dismissal rather than abandonment, protecting workers' security of tenure.
Finality of Judgment vs Supervening Events: Computing Backwages and Separation Pay in Illegal Dismissal Cases
Learn how Philippine courts compute backwages and separation pay when reinstatement becomes impossible due to supervening events after judgment finality.
Upholding Attorney Integrity: Dismissal of Disbarment Complaint Requires Substantial Evidence of Malice
Disbarment requires substantial evidence of malice, not mere speculation. The Supreme Court clarifies the standard in Santiago v. Santiago.
Retirement Benefits Determine Employee Status in Constructive Dismissal Cases
A bus driver who stopped reporting for work was not constructively dismissed but still entitled to retirement pay.
Breach of Trust, Competing Business Interests, and Employee Dismissal: Key Lessons from Malcaba v. ProHealth P
When can an employer validly dismiss for loss of trust? When is dismissal illegal? The Supreme Court clarifies in Malcaba v. ProHealth Pharma.
Plagiarism in Academia: Supreme Court Upholds Dismissal of UE Professors for Misrepresentation
Supreme Court upholds dismissal of professors for plagiarism, misrepresentation, and breach of trust, clarifying stare decisis and waiver rules.
Voluntary Resignation vs Illegal Dismissal: Proving the Fact of Termination
Philippine Supreme Court clarifies that employees must first prove the fact of termination before employers bear the burden of showing just cause.
Voluntary Resignation vs Illegal Dismissal: Who Bears the Burden of Proof?
In illegal dismissal cases, the employee must first prove termination by the employer before the burden shifts to the employer.
Ombudsman's Discretion in Evaluating Criminal Complaints: Key Lessons from Espaldon v. Buban
The Supreme Court clarifies that the Ombudsman's discretionary dismissal under Section 20 of R.A. 6770 applies only to administrative, not criminal, complaints.
Master's Degree Requirement for College Faculty: Educational Standards Prevail Over CBA Tenure Provisions
Supreme Court rules CHED faculty qualification requirements prevail over CBA tenure-by-default provisions, upholding dismissal of professors without master's degrees.
Upholding Employer Prerogative: Dismissal for Breach of Trust and Company Policy Violations
Supreme Court affirms dismissal of supervisor who used company equipment for private repairs, upholding management prerogative and loss of trust.
Habitual Absenteeism in the Judiciary: Dismissal for Court Employee Who Abandoned Post
Supreme Court dismisses court interpreter for habitual absenteeism, forfeiting benefits and barring re-employment in government service.
Habitual Absenteeism in the Judiciary: When Resignation Cannot Shield a Court Employee from Dismissal
The Supreme Court held that a court interpreter who incurred 133.5 unauthorized absences was guilty of habitual absenteeism and dismissed from service despite resigning.
Dismissal for Conduct Unbecoming a Court Employee: The Vasquez Case
Sheriff dismissed for slapping a complainant and threatening her while drunk. The Court explains why private misconduct can end a judicial career.
The Delicate Balance: Upholding Employee Rights in Loss of Trust Cases
The Supreme Court clarifies that loss of trust and confidence cannot justify dismissal without proof of the employee's actual accountability.
Constructive Dismissal Employers Burden TO Prove Fair Treatment AND Contractual Obligations
Learn the requisites for preliminary injunction in the Philippines and why disputed rights and compensable damages defeat the remedy.
Unexcused Absence: Supreme Court Upholds Dismissal for Employees Absent Without Leave
The Supreme Court drops a court employee from the rolls for AWOL, explaining the rules on absences without approved leave in government service.
Grave Misconduct in Government Service: When Dismissal Is the Only Penalty
Supreme Court reinstates dismissal of immigration officer for extortion and grave misconduct, ruling first offense cannot mitigate penalty.
Breach of Trust in the Workplace: When an Employer's Dismissal of a Chief Accountant is Unjustified
Philippine Supreme Court ruling on when an employer's dismissal of a chief accountant for breach of trust is unjustified.
Corporate Officer Status and Jurisdiction in Illegal Dismissal Cases: North Star v. Balagtas
When is a dismissed executive a corporate officer whose case belongs to regular courts, not the Labor Arbiter? The Supreme Court clarifies.