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 361384 of 1,369 articles for requirements

Due Process in Termination: Ensuring Fair Dismissal Under Philippine Labor Law

Learn the rules for valid dismissal in the Philippines—substantive and procedural due process, and what happens when employers fail to comply.

Due Process and Employee Dismissal: Balancing Rights and Employer Authority in the Philippines

The Supreme Court clarifies the twin-notice rule in dismissals and when a flawed procedure still yields a valid termination.

Retirement Benefits: Labor Code Prevails Over Inferior Company Plans

Philippine Supreme Court rules company retirement plans cannot provide benefits lower than the Labor Code's minimum under Article 287.

Retirement Pay Law Prevails Over Company Manual in Optional Retirement Case

Supreme Court rules company retirement plans cannot provide benefits lower than the Labor Code's minimum under Article 287.

Due Process and Employee Dismissal: Balancing Just Cause With Procedural Rights

The Supreme Court clarifies that dismissal without just cause is illegal even if procedural notice was given, entitling the employee to backwages and separation pay.

Illegal Dismissal: Probable Cause Alone Does Not Justify Termination

Supreme Court clarifies that probable cause for qualified theft does not automatically justify an employee's dismissal; substantial evidence is required.

Conditional Sales and Default: When Unpaid Balances Void Property Claims

A buyer who fails to pay the balance in a contract to sell loses rights to the property, as the Supreme Court affirmed in Mandin-Trotin v. Bongo.

Speed Limits and Local Governance: When Public Safety Measures Fail Legal Scrutiny

The Supreme Court voids a municipal speed limit ordinance for non-compliance with publication and RA 4136, underscoring the rule of law in local governance.

Broken Chains: Safeguarding Rights in Drug Cases Through Strict Chain of Custody

The Supreme Court acquits an inmate in a drug possession case, stressing the mandatory witness requirements in the chain of custody rule under RA 9165.

Proving Foreign Law in Philippine Courts: Divorce, Property Rights, and the Keppel Case

Philippine courts don't take judicial notice of foreign laws. Learn the proof requirements from the Supreme Court's Keppel ruling on divorce and property.

Verbal Agreements vs Written Contracts: When a Lease or Workplace Transfer Can Be Modified

Philippine Supreme Court ruling on when verbal notices and transfer orders are invalid, protecting employee security of tenure.

Land Registration: Proving Land Is Alienable and Disposable Under Philippine Law

Learn the strict proof required to register land in the Philippines, including DENR certifications, and why possession alone is not enough.

Ombudsman's Power to Reopen Cases and Due Process in Preliminary Investigations

Explaining the Supreme Court's ruling on the Ombudsman's authority to reverse a predecessor's findings and due process limits in preliminary investigations.

COA Must Follow Its Own Rules to Ensure Due Process in Reopening Audits

Court ruling on COA's obligation to observe its own rules when reopening audits, ensuring due process for audited agencies.

Piercing the Corporate Veil: When Are Corporate Officers Personally Liable in Labor Cases?

The Supreme Court clarifies when corporate officers can be held personally liable for labor claims, emphasizing the need for clear allegations and proof of bad faith.

Public Bidding and Travel Permits: When Mayors Fall Under Anti-Graft Law

The Supreme Court affirms the conviction of two mayors for violating Section 3(e) of the Anti-Graft Law over irregular medicine purchases and unauthorized travel reimbursements.

Illegal Dismissal of OFWs: Full Contract Pay Upheld by Supreme Court

The Supreme Court reaffirms that illegally dismissed OFWs are entitled to their full salaries for the unexpired portion of their contracts, striking down the three-month cap.

Disbarment for Misleading the Court: Candor as a Lawyer's Highest Duty

The Supreme Court disbarred a lawyer for misleading the court and breaching candor, reaffirming that honesty is the foundation of legal practice.

Forest Charges and Tax Refunds: Jurisdiction and Prescription in Philippine Tax Law

A 2019 Supreme Court ruling clarifies that forest charges are internal revenue taxes, so refund claims must go to the CIR within two years.

Strict Compliance Required for Expropriation of Private Lands for Socialized Housing

Local governments must strictly follow RA 7279 and the LGC before expropriating private land for socialized housing; failure voids the taking.

City of Manila v. Prieto: Strict Limits on Local Government Expropriation Powers

Supreme Court rules local governments must strictly comply with legal requirements before exercising delegated eminent domain powers.

Limits of Mandamus: DepEd Not Compelled to Collect Loan Payments for Private Lenders

Supreme Court rules DepEd cannot be compelled by mandamus to collect and remit teacher loan payments for private lenders.

The Limits of Mandamus: When Courts Can Compel Government Actions

Philippine Supreme Court clarifies when courts can compel government action, explaining the limits of mandamus in government contract negotiations.

Project vs Regular Employment: Security of Tenure and Employee Rights in the Philippines

Philippine Supreme Court clarifies the distinction between project and regular employment, and the security of tenure rights of employees.