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 111 articles for termination

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.

Probable Cause in Estafa Cases: Insights from Favis-Velasco v. Gonzales

Learn how the Supreme Court defined probable cause in estafa cases and why solid evidence matters in fraud complaints.

When Procedural Lapses Yield to Substantial Justice: The Latogan Doctrine

The Supreme Court in Latogan v. People relaxed procedural rules to prevent a grave injustice, protecting a defendant's right to appeal a murder conviction.

Unlawful Detainer: Proving Prior Tolerance to Win an Ejectment Case

Learn the four requisites of unlawful detainer and why proving prior tolerance is key to winning an ejectment case in the Philippines.

Torrens Title vs. Possession: When a Registered Owner Prevails in Land Disputes

The Supreme Court clarifies when a Torrens title prevails over possession claims in accion publiciana cases, reaffirming the indefeasibility of registered land titles.

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.

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.

Free Patent Land and Road Projects: When the Government Must Pay Just Compensation

The Supreme Court clarifies when the government must pay just compensation for right-of-way easements over free patent lands under the Public Land Act.

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.

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.

Trademark Infringement and Probable Cause: When the Secretary of Justice Abuses Discretion

The Supreme Court clarifies when courts may override the Secretary of Justice's dismissal of trademark infringement complaints for grave abuse of discretion.

Third-Party Claims in Property Execution: PSALM v. Maunlad Homes Explained

Learn how Philippine law protects third-party property owners from wrongful levy during judgment execution, based on PSALM v. Maunlad Homes.

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.

Res Judicata in Estate Proceedings: Teng v. Ting on Re-Litigating Ownership

The Supreme Court in Teng v. Ting bars re-litigating ownership in estate cases once a prior final judgment has settled the issue.

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.

Finality vs. Recomputation: Computing Monetary Awards in Illegal Dismissal Cases

A final illegal dismissal ruling does not bar recomputation of back wages and separation pay. Learn the rules and key dates.

Perfecting Appeals in Special Proceedings: Why the Record on Appeal Matters

In special proceedings like estate settlement, failing to file a record on appeal is fatal. Learn the rules and avoid losing your appeal.

Co-Ownership and Land Sales: When Selling a Definite Portion Is Invalid

A co-owner cannot sell a definite portion of undivided land without all co-owners' consent. Learn the rules from Cabrera v. Ysaac.

Annulment of Judgment vs. Affidavit of Reappearance: Fraudulent Presumptive Death Declarations

When a presumptive death declaration is obtained by fraud, the Supreme Court clarifies why annulment of judgment—not an affidavit of reappearance—is the proper remedy.

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.

Quieting Title Over Public Land: Why Ownership Rights Are Required

The Supreme Court clarifies that an action to quiet title fails without legal or equitable ownership, especially over public land.

Why Torrens Titles Are Indefeasible: Collateral Attacks and Good Faith Buyers

Philippine law protects Torrens titles from collateral attack. Learn the rules on direct challenges, indispensable parties, and good faith buyers.

Loss of Trust and Confidence: When Can Philippine Employers Dismiss Managerial Employees?

The Supreme Court in Manese v. Jollibee clarifies the less stringent standard for dismissing managerial employees for loss of trust and confidence.