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 4972 of 211 articles for dismissal

Habitual Tardiness in Philippine Government Service: When Is It a Light Offense?

The Supreme Court clarifies when habitual tardiness is a light offense, not a grave one, in a 2021 ruling.

Hierarchy of Courts in Certiorari Petitions: Lessons from Nacionales v. Solde-Annogui

The Supreme Court reaffirms the hierarchy of courts doctrine, requiring certiorari petitions to start at the RTC, not the High Court.

Failure to State vs. Lack of Cause of Action: Key Distinctions in Philippine Property Cases

Learn the crucial difference between failure to state a cause of action and lack of cause of action, as clarified by the Supreme Court in Roa v. Sy.

Illegal Dismissal and Substantial Evidence: The Padsing v. Lepanto Case

The Supreme Court’s ruling in Padsing v. Lepanto underscores that employers must prove just cause for dismissal with substantial evidence.

Bid Withdrawal vs. Not Bidding: The Jaspe Case on RA 9184 and Grave Misconduct

The Supreme Court clarifies the difference between bid withdrawal and simply not bidding under RA 9184, and when BAC members may be liable for grave misconduct.

Fruit of the Poisonous Tree Doctrine: When Illegal Searches Taint Evidence in Administrative Cases

The Supreme Court ruled that evidence from an illegal search cannot be used in administrative proceedings, reinforcing the exclusionary rule's reach.

Res Judicata in the Philippines: When a Dismissed Case Cannot Be Refiled

Learn when a dismissed case can be refiled in the Philippines and how res judicata bars re-litigation, based on a Supreme Court ruling on failure to prosecute.

Foreign Spouses Can File for Marriage Nullity in the Philippines: The Ambrose Ruling

Foreign spouses married in the Philippines have legal standing to file for nullity of marriage, as clarified by the Supreme Court in Ambrose v. Suque-Ambrose.

Amending Defective Criminal Charges: The Lazaro Doctrine on Procedural Flexibility

Learn how Philippine courts amend defective criminal charges to prevent dismissal on technicalities, based on Lazaro v. People.

Regular vs. Fixed-Term Employment: Key Lessons from Site for Eyes v. Daming

The Supreme Court ruled that repeated fixed-term contracts cannot defeat regular employment status. Learn the key lessons from this landmark case.

What Happens to an Administrative Case When the Respondent Dies? (Philippines)

Philippine Supreme Court rules on whether death of a respondent ends a pending administrative case, citing due process and heirs' protection.

Voluntary Submission to Jurisdiction: Key Insights from the Jorgenetics Replevin Case

How a defendant's post-dismissal motions can cure defective service of summons and revive a replevin case, per the Supreme Court.

The Four-Fold Test in Philippine Labor Law: A Guide to Employment Status

Learn how the four-fold test determines employee status in the Philippines, with insights from a landmark Supreme Court ruling.

Forcible Entry vs. Unlawful Detainer: A Philippine Property Owner’s Guide

Learn the difference between forcible entry and unlawful detainer in Philippine ejectment cases, and how the Supreme Court clarified the rules in a recent ruling.

Condonation Doctrine in Philippine Administrative Law: What Re-Election Means for Elected Officials

Explaining the condonation doctrine, its prospective abandonment by the Supreme Court, and how re-election can absolve prior administrative misconduct.

Substantial Evidence in Administrative Cases: The Mahinay Case Explained

Learn how the Supreme Court's ruling in the Mahinay case clarifies the substantial evidence standard in administrative cases against public servants.

Withdrawing a Resignation: When Retraction Before Acceptance Is Valid

Can an employee retract a resignation before the employer accepts it? The Supreme Court explains the rules in Vergara v. ANZ Global Services.

One-Year Prescription Period for Insurance Claims: The Alpha Plus Ruling

Learn how the Supreme Court's Alpha Plus ruling clarifies the one-year prescription period for insurance claims and why timing matters.

Reassignment Orders and Insubordination: What Public Employees Must Know

Public employees must comply with reassignment orders even while appeals are pending. The Supreme Court clarifies the limits of insubordination.

Proving Tolerance in Unlawful Detainer: A Landmark Lesson from the Supreme Court

The Supreme Court clarifies the burden of proving tolerance in unlawful detainer cases. Learn the key evidence rules for ejectment disputes.

SALN Violations and Perjury: Prescriptive Periods Explained

Learn the prescriptive periods for SALN violations and perjury in the Philippines, based on the Supreme Court's ruling in the Germar case.

Dishonesty in Public Service: Falsifying the PDS and CSC Jurisdiction Over Exam Anomalies

The Supreme Court affirms dismissal for dishonesty when a police applicant cheats on exams and lies in the Personal Data Sheet.

Teacher Misconduct and Child Abuse: When Dismissal Is Justified in the Philippines

When does teacher misconduct justify dismissal? The Supreme Court clarifies the limits of compassionate justice in child abuse cases.

Proving Illegal Dismissal: The Burden of Substantial Evidence in Philippine Labor Cases

Learn how the Supreme Court defines the employee's burden of proof in illegal dismissal cases, based on the Jarabelo ruling.