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 79 articles for restructuring

Loan Restructuring and Surety Obligations: Understanding Novation and Continuing Guarantees

Philippine Supreme Court clarifies when loan restructuring extinguishes a surety's obligation and the binding effect of continuing guarantees.

Franchise Tax After EPIRA: NPC's Liability and the Limits of Local Government Power

The Supreme Court clarifies when the local franchise tax applies after EPIRA, nullifying Bataan's levy on NPC properties.

Corporate Mergers and Employee Rights: Understanding Job Security in the Philippines

Philippine Supreme Court rules that corporate mergers do not terminate employees' jobs; absorbed workers continue employment with the surviving corporation.

Voluntary Resignation vs Illegal Dismissal: What Corporate Restructuring Means for Employee Rights

When is a resignation truly voluntary? The Supreme Court clarifies the distinction in Malixi v. Mexicali Philippines.

Redundancy Dismissals: Strict Compliance With Labor Code Imperative

Philippine Supreme Court clarifies strict requirements for valid redundancy termination, including mandatory DOLE notice and fair selection criteria.

Mergers and Documentary Stamp Tax: Clarifying Tax Obligations in Corporate Restructuring

The Supreme Court clarifies when documentary stamp tax applies to property transfers in corporate mergers under the National Internal Revenue Code.

Res Judicata in Corporate Rehabilitation: Final Judgments Bar Relitigation

Explore how the Supreme Court applied res judicata to bar relitigation of an approved corporate rehabilitation plan, ensuring finality.

Real Party in Interest: Who Can Sue in Philippine Courts

The Supreme Court clarifies the real party in interest rule in G.R. No. 205179, explaining who may properly bring suit.

Upholding Employee Rights NPC Employees Entitled TO Separation PAY Despite Corporate Restructuring

Supreme Court rules NPC illegally dismissed employees entitled to separation pay, backwages despite corporate restructuring under EPIRA.

Surety Bonds Survive Debt Extension: Key Supreme Court Ruling on Article 2079

Extension of a principal's debt without a surety's consent does not automatically extinguish surety bonds, per the Supreme Court.

When Business Downturns Lead to Employee Layoffs: Understanding Retrenchment Under Philippine Law

Learn the legal rules on retrenchment in the Philippines, including valid grounds, procedural requirements, and worker protections.

Motion for Reconsideration Cannot Raise New Issues, High Court Rules

Supreme Court reiterates that new arguments raised for the first time in a motion for reconsideration are deemed waived, affirming finality of judgments.

Corporate Reorganization, Presidential Alter Ego Doctrine, and Security of Tenure Limits

Supreme Court clarifies when government corporate boards may reorganize, reassign officers, and drop employees for poor performance without violating tenure.

Redundancy Programs Balancing Business Needs AND Employee Rights IN THE Philippines

Understand Philippine redundancy rules through Morales v. Metrobank: valid termination requires good faith, fair criteria, proper notice, and separation pay.

Preliminary Injunction and Foreclosure: When Mortgagors Can Stop a Sale

The Supreme Court clarifies when a mortgagor may obtain a preliminary injunction to stop an extrajudicial foreclosure sale.

Loan Restructuring vs Foreclosure: Borrower Rights in the Philippines

When does a pending loan restructuring stop a bank from foreclosing? The Supreme Court explains borrower rights and limits.

When NO Means GO Understanding Lawful Employee Transfers AND Insubordination IN THE Philippines

Learn Philippine labor law on employee transfers and insubordination—when a "no" to a lawful order can cost a job.

Equal Protection and Executive Power: The Philippine Truth Commission Case

The Supreme Court struck down Executive Order No. 1 creating the 2010 Truth Commission for violating equal protection. Learn why.

Novation in Philippine Law: Understanding the Requirements for Extinguishing Obligations

Learn how novation extinguishes obligations under Philippine law, its requirements, and how the Supreme Court applies these rules in corporate rehabilitation cases.

Continuing Suretyship Scope and Enforceability in Loan Renewals

Philippine Supreme Court ruling on whether a continuing suretyship covers renewed credit facilities and subsequent loan availments.

Double Dipping Denied: Separation Pay vs Retirement Benefits in Government Restructuring

Supreme Court rules NPC employees who received separation pay under EPIRA cannot also claim retirement benefits under CA 186, as amended.

Unlawful Termination of NPC Employees: Reinstatement Rights and Corporate Liability

The Supreme Court clarifies reinstatement rights for illegally dismissed NPC employees and limits PSALM's liability in execution.

Balancing Efficiency and Discretion: Revisiting PHILJA Staffing Patterns

The Supreme Court clarifies when coterminous status is proper for confidential staff in the Philippine Judicial Academy's executive offices.

Default and Foreclosure: When Accepting Late Payments Waives the Right to Foreclose

A lender who accepts late and partial payments after a borrower's default may waive the right to foreclose. Learn the rule from this Philippine case.