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 72 articles for right to security

When "No Work, No Pay" Doesn't Apply: Employee Rights During Internal Investigations

Philippine Supreme Court ruling clarifies when an employee under investigation may still be entitled to wages, even if not reporting for work.

Proving Loss of Trust and Confidence in Illegal Dismissal Cases in the Philippines

Philippine Supreme Court ruling on when loss of trust and confidence justifies employee dismissal, and what employers must prove.

Jurisdiction vs Exercise of Jurisdiction: Upholding Court Authority Despite Procedural Errors

The Supreme Court clarifies that jurisdiction over labor cases persists despite procedural lapses, and rules on retirement age, CBA benefits, and tax refund claims.

Security of Tenure vs Political Patronage: Protecting Civil Service Employees From Unlawful Dismissal

When a mayor forced a municipal engineer to resign or transfer, the Supreme Court reaffirmed that civil service security of tenure cannot be sacrificed to political patronage.

Illegal Dismissal and Retirement Age: When Expiring Contracts Mask Unlawful Termination

Supreme Court clarifies when a "contract expiration" is really illegal dismissal, and why early retirement requires an employee's explicit consent.

Independent Contractor vs Employee: Defining the Lines in Media Talent Engagements

The Supreme Court clarifies when a TV or radio host is an independent contractor, not an employee, using the control test.

When Retirement Is Not Voluntary: Illegal Dismissal and Security of Tenure in the Philippines

Philippine Supreme Court clarifies when an employee's "retirement" is actually illegal dismissal, protecting security of tenure.

Executive Power vs Legislative Domain: Defining Reorganization Authority in Philippine Sports Governance

A 2003 Supreme Court ruling on EO 81 clarifies the President's power to reorganize the Executive Branch and transfer agency functions.

Optional Retirement and Illegal Dismissal: The Ondevilla Case on Security of Tenure

The Supreme Court clarifies when an employee's early retirement is voluntary, and the rights of illegally dismissed employees who reach compulsory retirement age.

Security of Tenure Prevails: Illegal Demotion and Due Process in Philippine Ports Authority Case

Explaining the Supreme Court ruling that a government employee cannot be demoted without cause and due process, even amid reorganization.

Security of Tenure vs Abandonment: Reinstatement Rights in the Philippine National Police

The Supreme Court clarifies when accepting another government post during a case does not waive a dismissed officer's right to reinstatement.

Tenant Rights Prevail: Security of Tenure in Agrarian Reform Disputes

The Supreme Court affirms that agricultural lessees retain security of tenure under CARL, even when landowners claim conversion or termination of lease.

Unions Cannot Waive Individual Workers' Rights Without Their Consent

Philippine Supreme Court ruling on whether unions can compromise individual workers' claims without their consent, and the limits of collective bargaining authority.

Due Process in Employee Dismissal: Why Fair Procedure Matters in Philippine Labor Law

Learn from Gonzales v. NLRC why both procedural and substantial due process are essential for a valid employee dismissal in the Philippines.

Philippine Security of Tenure: Why Fixed-Term Employment Can't Sidestep Regularization

The Supreme Court strikes down a fixed-term contract scheme that blocked an employee's regularization, reaffirming constitutional security of tenure for Philippine workers.

Due Process in Employee Dismissal: When Can New Evidence Be Introduced on Appeal?

When can an employer introduce new evidence on appeal in a dismissal case? The Supreme Court explains the limits of due process.

Employer-Employee Relationship and the Control Test: Lessons from Villa v. NLRC

The Supreme Court's ruling in Villa v. NLRC clarifies the control test in employer-employee relationships and the rules on evidence in illegal dismissal cases.

Misconduct vs Initiative: Navigating Employee Discipline and Illegal Dismissal in the Philippines

Philippine Supreme Court ruling on when a supervisor's irregular acts constitute grave misconduct or mere initiative, and the limits of dismissal as a penalty.

Regular Employment After One Year of Service Prevails Over Fixed-Term Contracts

Philippine Supreme Court ruling on when repeated fixed-term contracts cannot defeat an employee's right to regular employment and security of tenure.

Regular Employee Status, Security of Tenure, and CBA Benefits in the Philippines

Philippine Supreme Court ruling on when seasonal workers become regular employees entitled to CBA benefits and security of tenure.

When Can an Employer Refuse a Work Order? Employee Rights in the Philippines

Philippine law protects employees from unjust dismissal. Learn when a work order can be refused and what employers must prove to terminate a worker.

Employee Transfers: Management Prerogative vs. Unfair Labor Practice in the Philippines

When can employers transfer workers without committing unfair labor practice? The Supreme Court explains the limits of management prerogative.

Illegal Dismissal of OFWs: Employer Responsibilities and Employee Rights

A Philippine Supreme Court ruling clarifies when overseas Filipino workers are illegally dismissed and what employers must prove.

Habitual Absences vs Security of Tenure: Balancing Employee Rights and Employer Prerogatives in Dismissal Case

Philippine Supreme Court ruling on when habitual absences justify dismissal, balancing employee security of tenure against employer prerogatives in shipping.