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 2548 of 84 articles for notice and hearing

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.

Bail and Treachery: Reassessing Provisional Liberty in Murder Cases

The Supreme Court clarifies when bail may be granted in murder cases and how treachery must be proven by strong evidence.

No-Build Zones and National Permits: What Aquino v. Malay Means for Developers

The Supreme Court ruled that a DENR permit does not override local no-build zone ordinances. Here's what developers must know.

OFW Illegal Dismissal: Full Salary for Unexpired Contract, Not Just 3 Months

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

Business Closure vs Illegal Dismissal: Navigating Employee Rights in the Philippines

When is a resignation forced? Learn how Philippine labor law distinguishes voluntary resignation from illegal dismissal, based on a Supreme Court ruling.

Fixed-Term Employment vs Regular Employment: Security of Tenure and Illegal Dismissal

When a fixed-term contract expires but the employee keeps working, regular employment and security of tenure may arise. Illegal dismissal rules apply.

Monetary Board's Bank Receivership Power Upheld for Public Protection

Supreme Court affirms Monetary Board's power to place banks under receivership without prior hearing, citing the "close now, hear later" doctrine.

Due Process in Employee Dismissal: The Two-Notice Rule and Employer Obligations

Learn the two-notice rule in Philippine labor law and how the Supreme Court applied it to probationary employees in Carvajal v. Luzon Development Bank.

Refusal to Obey and Dismissal: Lessons from Realda v. New Age Graphics

When can an employer fire a worker for refusing overtime? The Realda case explains just cause, due process, and nominal damages.

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.

Party-List Registration and Religious Affiliation: COMELEC's Jurisdiction Explained

When can COMELEC cancel a party-list's registration for being a religious front, and when does the HRET take over? The Supreme Court clarifies.

Party Expulsions and Due Process: When Can a Political Party Remove Members

The Supreme Court clarifies that political party expulsions are internal matters, not subject to constitutional due process requirements.

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.

When Can a Club Seize a Member's Share? The Valley Golf Case on By-Laws and Property Rights

A club cannot seize a fully paid membership share for unpaid dues without proper notice and hearing, says the Supreme Court.

Horse Racing Regulation: Philracom's Power to Ensure Fair and Safe Races

The Supreme Court upholds Philracom's authority to issue rules and directives for the horse racing industry, including measures to eradicate Equine Infectious Anemia.

Upholding Judicial Efficiency Consequences FOR Undue Delay IN Case Resolution

The Supreme Court annuls a COMELEC ruling that nullified execution pending appeal in an election protest, clarifying the standards for the remedy.

Execution Pending Appeal in Election Protests: Court Personnel Cannot Exercise Judicial Discretion

Supreme Court clarifies that court personnel cannot exercise judicial discretion in granting execution pending appeal in election contests.

The Perils of Untimely Appeals: Adherence to Procedural Rules in Philippine Courts

Explore how strict procedural rules shape Philippine labor cases, from appeal deadlines to due process in dismissals.

Dismissal Based on Theft: Upholding Employee Termination for Unauthorized Disposal of Company Property

Supreme Court rules on valid dismissal for theft of company property and the due process requirements in employee termination cases.

Dismissal vs Compassion: Balancing Employee Misconduct and Employment Security

The Supreme Court ruled that dismissal was too harsh for an employee's lapses during family crises, affirming that compassion tempers discipline.

Due Process in Dismissal: Written Notice and Hearing Requirements Explained

A look at the Supreme Court's ruling on procedural due process in employee dismissal and the limits of personal liability for corporate officers.

Reopening Criminal Cases in the Philippines: The Hearing Requirement Under Rule 119

When can a Philippine court reopen a criminal case before judgment? The rules require a hearing—and the Supreme Court has enforced that requirement.

Petition for Relief in the Court of Appeals: When Can You Revive a Dismissed Appeal

Philippine Supreme Court explains why the RTC cannot annul a DARAB decision and when the CA can take jurisdiction over a dismissed appeal.

Moonlighting and Misconduct: When a Second Job Leads to Legal Trouble in the Philippines

Philippine Supreme Court ruling on loss of trust and confidence as just cause for dismissing managerial employees who engage in misconduct.