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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When Is Employee Dismissal for Abandonment Justified Under Philippine Law
Philippine Supreme Court clarifies the two elements of abandonment of employment and when dismissal is legally justified.
Abandonment vs. Constructive Dismissal: Proving Intent in Philippine Labor Cases
Philippine Supreme Court clarifies the elements of abandonment of employment and why employers must prove clear intent to sever the employer-employee relationship.
Abandonment vs Constructive Dismissal: When an Employee Is Forced to Quit
Philippine Supreme Court explains the difference between abandonment and constructive dismissal, and when an employer's actions force an employee out.
Ombudsman Decisions Stay Executory Pending Appeal: A Guide for Public Officers
Learn why Ombudsman dismissal orders remain immediately executory pending appeal, and how the Supreme Court protects the Ombudsman's enforcement powers.
Management Prerogative vs Constructive Dismissal: Limits of Employee Transfers
When is a job transfer a valid management prerogative and when does it become constructive dismissal? The Supreme Court clarifies in Peckson v. Robinsons Supermarket.
Mistake vs Misconduct in Employee Dismissal: Due Process in Philippine Labor Law
When is an employee's honest mistake a valid ground for dismissal? The Supreme Court clarifies the line between error and misconduct.
Illegal Dismissal and Abandonment: Proving Employee Intent in Philippine Labor Law
When does failure to report for work become abandonment? The Supreme Court clarifies the employer's burden of proof in illegal dismissal cases.
Abandonment vs. Illegal Dismissal: Burden of Proof in Philippine Labor Cases
Learn how the Supreme Court distinguishes abandonment from illegal dismissal and who bears the burden of proof in termination disputes.
Abandonment vs Illegal Dismissal: When Absence Is Not Enough to Fire an Employee
Philippine Supreme Court ruling on when employee absence is not abandonment, and what employers must prove to justify dismissal.
Gross Neglect vs Illegal Dismissal: Employee Duties and Employer Rights
When can an employer dismiss a rank-and-file employee for gross neglect? The Supreme Court clarifies the rules on just causes and loss of confidence.
Probationary Employment: Employers Must Communicate Standards for Regularization
Philippine Supreme Court ruling on probationary employment: employers must inform workers of regularization standards at hiring or risk illegal dismissal liability.
Upholding Dismissal for Dishonesty When Casino Employees Betray Public Trust
Supreme Court reinstates dismissal of PAGCOR dealers who declared void craps throws as good dice, defrauding the house.
Dismissal for Dishonesty Upheld: PAGCOR Dealers' Craps Fraud Case
Supreme Court reinstates dismissal of PAGCOR dealers for serious dishonesty in rigged craps game, clarifying administrative due process rules.
Just Cause vs. Due Process: Supreme Court on Employee Dismissal and Company Procedure
When is a dismissal valid despite procedural lapses? The Supreme Court clarifies just cause, due process, and nominal damages in labor cases.
Forum Shopping Dismissal of Labor Case Reversed for Lack of Basis
Supreme Court clarifies that filing separate labor standard and illegal dismissal cases in different fora does not constitute forum shopping.
Breach of Company Policy in Employee Termination: Due Process Lessons from SURNECO v. Gonzaga
A Philippine Supreme Court ruling shows that violating your own company procedure during dismissal can cost an employer P30,000 in nominal damages even if the dismissal is valid.
Teacher Discipline and Due Process: Grave Misconduct in Philippine Schools
A teacher's physical punishment of a student constitutes grave misconduct, but mitigating factors can temper the penalty of dismissal.
Erosion of Public Trust: Dismissal for Graft and Corruption in the Judiciary
A process server's dismissal for soliciting money from litigants underscores the strict accountability of court personnel in the Philippines.
Separation Pay and Due Process in Valid Dismissals: Lessons from Unilever v. Rivera
The Supreme Court clarifies when separation pay is due to validly dismissed employees and the procedural due process required in termination cases.
Separation Pay After Valid Dismissal: When Social Justice Does Not Apply
The Supreme Court clarifies when a validly dismissed employee may still receive separation pay, and when social justice arguments fail.
Demanding Money for Reassignment: Extortion as Grave Misconduct in Public Service
When a fire marshal demanded P5,000 from subordinates to keep their posts, the Supreme Court upheld his dismissal for grave misconduct.
Security OF Tenure Illegal Dismissal AND THE Rights OF Security Guards
Balancing Technical Rules and Justice When the Court of Appeals Must Review Cases on Merit
The Supreme Court clarifies that failure to attach all pleadings to a Rule 42 petition should not automatically result in outright dismissal.
Litis Pendentia When Two Courts Collide Over Amusement Taxes
When two courts hear the same dispute over amusement tax rewards, litis pendentia allows dismissal of the later suit.