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 143 articles for due process

Indispensable Parties in Labor Cases: Lessons from TESDA v. Abragar

Learn why impleading all indispensable parties is critical in labor disputes, based on the Supreme Court's ruling in TESDA v. Abragar.

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.

Valid Dismissal and Separation Pay: Key Lessons from a 2020 Supreme Court Ruling

A 2020 Supreme Court ruling clarifies when dismissal for willful disobedience is valid and when separation pay may—or may not—be granted.

Late Judicial Affidavits in Philippine Courts: When Late Submission Is Allowed

Learn when Philippine courts may allow late judicial affidavit submission under the Judicial Affidavit Rule, citing Say v. Dizon.

Reinstatement in Illegal Dismissal: The Strained Relations Doctrine Explained

Illegal dismissal entitles workers to reinstatement and backwages. The strained relations doctrine is a narrow exception—learn how courts apply it.

Treachery in Philippine Criminal Law: When a Sudden Attack Is Not Murder

The Supreme Court clarifies that treachery cannot be presumed from suddenness alone, reducing a murder conviction to homicide in People v. Bulutano.

Reasonable Doubt in Administrative Cases: Daquioag v. Ombudsman

In Daquioag v. Ombudsman, the Supreme Court reversed a grave misconduct finding, underscoring that substantial evidence—not mere suspicion—is required in administrative cases.

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.

Executing a Labor Judgment Does Not Bar Certiorari: Due Process in Labor Disputes

Forced compliance with a writ of execution does not waive an employer's right to challenge a labor ruling via certiorari, the Supreme Court held.

When Military and Civilian Tribunals Collide: Jurisdiction in AFP Misconduct Cases

The Supreme Court clarifies how concurrent jurisdiction works between the Ombudsman and military courts in administrative cases against AFP personnel.

PNP Dismissal Orders: When Are They Immediately Executory?

The Supreme Court clarifies when PNP dismissal orders are immediately executory and how appeals to the National Appellate Board affect enforcement.

AWOL and Dropping from the Rolls: Employee Rights Under Philippine Law

Learn the rules on AWOL in the Philippine civil service, including the 30-day rule, non-disciplinary separation, and employee rights.

Overlapping Land Titles: Prior Certificate Prevails in Philippine Law

When two land titles cover the same property, the earlier certificate generally prevails. Learn the rule and its limits.

Private Roads and Public Use: When a Local Ordinance Cannot Convert Private Property

A local ordinance cannot convert a private road into public property without donation, purchase, or expropriation. The Supreme Court explains.

Administrative Due Process and Bank Secrecy: The Sibayan v. Alda Ruling

The Supreme Court clarifies how administrative due process and bank secrecy limits discovery in BSP proceedings, as shown in Sibayan v. Alda.

Valid Service of Summons in Foreign Judgment Recognition: Key Lessons from Express Padala v. Ocampo

Philippine Supreme Court ruling on invalid substituted service of summons in foreign judgment recognition, and its due process implications.

Unauthorized Absences and Dismissal: The Medical Certificate Requirement in Philippine Labor Law

The Supreme Court upheld a dismissal for unauthorized absences, ruling that a vague medical certificate cannot excuse habitual absenteeism.

Finality of DAR Orders: Due Process in Agrarian Reform Cases

Learn how the Supreme Court upholds the finality of DAR orders, the rules on land reclassification, and due process in agrarian reform.

Production Assessment Fees: Water Districts Must Prove Harm Before Charging Deep Well Users

Water districts can't impose production fees on deep well users without a board finding of financial harm. Here's what the Supreme Court ruled.

Due Process in Club Membership Suspensions: The Ching v. QCSC Ruling

When can a club suspend a member without a hearing? The Supreme Court clarifies due process rules in Ching v. Quezon City Sports Club.

Illegal Slowdowns and Union Officer Dismissal: The Polyson Case

The Supreme Court clarifies when a work slowdown becomes an illegal strike and justifies dismissal of union officers under Philippine labor law.

Mining Rights vs. Indigenous Peoples: Exhaustion of Remedies and Grave Abuse of Discretion

The Supreme Court in Alecha v. Atienza underscores the exhaustion doctrine and limits of grave abuse of discretion in mining disputes.

Demolition Orders and Due Process: Key Lessons from the Alangdeo Case

The Supreme Court invalidated a demolition order in Alangdeo v. City Mayor of Baguio, reinforcing due process and legal safeguards for property owners.

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.