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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Optional Retirement Requires Employee's Explicit Consent: A Guide to Article 302 of the Labor Code
The Supreme Court clarifies that optional retirement before age 65 requires the employee's explicit, voluntary consent; otherwise, it is illegal dismissal.
Illegal Dismissal and Abandonment: What Employers Must Prove and How Separation Pay Is Computed
Learn the requisites of abandonment as a defense to illegal dismissal, and how the Supreme Court computes separation pay in lieu of reinstatement.
Double Jeopardy and Provisional Dismissal: When Cases Can Be Reopened With Accused Consent
The Supreme Court explains when a provisionally dismissed criminal case can be revived without violating double jeopardy, and why accused consent matters.
Provisional Dismissal in Drug Cases: When Can the State Revive a Case?
The Supreme Court explains when a provisionally dismissed drug case may be revived without violating double jeopardy, and who may file the revival motion.
Accountability in Public Works: Grave Misconduct in Infrastructure Projects
Supreme Court reinstates dismissal of DPWH officials for grave misconduct over irregular change orders in road project.
Dismissal of Clerk of Court for Gross Neglect, Grave Misconduct, and Serious Dishonesty in Handling Judiciary
Supreme Court dismisses a clerk of court who failed to remit judiciary collections and submit financial reports, ruling that restitution does not erase administrative liability.
Breach of Duty and Dishonesty: Dismissal of a Court Clerk for Misappropriating Judiciary Funds
The Supreme Court dismissed a Clerk of Court for gross neglect of duty, grave misconduct, and serious dishonesty over unremitted judiciary funds.
Upholding Court Authority Disregarding Orders Constitutes Contempt
The Supreme Court affirms that a party disregarding court orders and delaying proceedings may face dismissal of its case and liability for damages.
Theft or Mistake: Gauging Intent in Employee Dismissal Cases
Philippine Supreme Court ruling on when an employee's taking of company property constitutes theft justifying dismissal, and when it is merely a mistake.
Prescription in Illegal Dismissal Cases: The Impact of Complaint Withdrawal
Filing then withdrawing an illegal dismissal complaint does not stop the prescriptive period. Learn the rule from this Supreme Court case.
Indispensable Parties in Partition Suits: Ensuring Complete Justice
Philippine Supreme Court clarifies who must be joined in partition actions and why dismissal is the wrong remedy for non-joinder.
Upholding Employee Rights Minor Infractions Dont Justify Dismissal
Philippine Supreme Court rules minor infractions like eating on duty or occasional tardiness do not justify employee dismissal.
Upholding Employers Right TO Discipline Dishonesty AS Just Cause FOR Termination
Supreme Court rules that a nurse’s theft of hospital supplies is just cause for dismissal, reaffirming management prerogative to discipline dishonest employees.
Upholding Ministerial Duty Dismissal OF Disbarment Complaint FOR Good Faith Registration Actions
Supreme Court dismisses disbarment complaints against lawyers and registrars over good faith registration actions, clarifying ministerial duties.
Constructive Dismissal: When a Security Guard's Prolonged Floating Status Becomes Illegal Dismissal
The Supreme Court clarifies when a security guard's floating status beyond six months amounts to constructive dismissal, entitling the guard to separation pay and back wages.
Breach of Trust Dismissal for Clerk of Court's Mismanagement of Funds
Supreme Court dismisses a clerk of court for gross neglect of duty, dishonesty, and grave misconduct over unremitted judiciary funds and unauthorized withdrawals.
Upholding Military Honor, Due Process, and Academic Freedom in PMA Dismissals
The Supreme Court affirms PMA's dismissal of a cadet for honor code violation, balancing military discipline with due process rights.
Insubordination on the High Seas: Protecting Seafarers' Rights Against Unjust Dismissal
Philippine Supreme Court ruling on seafarer dismissal clarifies the burden of proof in insubordination cases and procedural due process under the POEA-SEC.
Dismissal FOR Dishonesty Falsifying Civil Service Eligibility 2
Habitual Absenteeism in the Judiciary: When Repeated Unauthorized Absences Lead to Dismissal
Court employees must devote full time to public service. Habitual absenteeism is a grave offense that can result in dismissal, even for first-time offenders.
Speedy Trial Dismissal Is an Acquittal: Double Jeopardy and Finality in Criminal Cases
A dismissal for violation of the right to speedy trial is an acquittal that bars re-prosecution. Learn the rules and practical lessons from this case.
Speedy Trial vs Provisional Dismissal: Balancing Rights in Criminal Proceedings
A Supreme Court ruling clarifies when a case dismissal for denial of speedy trial becomes final, and how provisional dismissal works.
Dismissal of Actions: Balancing Diligence and the Courts Duty in Philippine Legal Proceedings
Philippine courts balance procedural diligence with the duty to decide cases on their merits. This article explains dismissal rules, grounds, and practical guidance.
Finality of Judgment in Illegal Dismissal: What "Other Benefits" Really Covers
Learn how the Supreme Court ruled on retirement pay and allowances in illegal dismissal cases, and why final judgments are immutable.