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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Burden of Proof in Illegal Dismissal Cases: Documentary Evidence vs Simple Denial
In illegal dismissal cases, the employer bears the burden of proving valid termination with substantial evidence—not the employee.
Anib v. Coca-Cola: Technical Rules Yield to Substantial Justice in Labor Cases
Supreme Court reminds courts that procedural technicalities should not bar review of labor cases, remanding an illegal dismissal dispute for hearing on the merits.
Breach of Banking Duty, Gross Negligence, and Loss of Confidence as Grounds for Dismissal
The Supreme Court rules that a bank officer's gross negligence in failing to secure documents justifies dismissal for loss of confidence.
Job Evaluations and Employee Entitlements: Clarifying the Scope of Management Prerogative
Supreme Court clarifies that union security clauses cannot justify dismissal for exercising the right to self-organization during the freedom period.
Union Security Clauses and Employee Rights: Lessons from PICOP Resources
Philippine Supreme Court ruling on when union security clauses justify dismissal and how employee rights to self-organization are protected.
Loss of Trust and Confidence: Employers' Burden of Proof in Termination Cases
Philippine Supreme Court ruling on loss of trust and confidence as a valid ground for employee dismissal, and the employer's burden of proof.
Drug Testing in Employment: Employer's Duty to Prove Accreditation for Valid Termination
When can a positive drug test justify dismissal? The Supreme Court clarifies employer obligations under R.A. 9165.
Corporate Rehabilitation Dismissed for Rule Violations and Creditor Opposition
Supreme Court affirms dismissal of corporate rehabilitation petition where debtor violated procedural rules and faced substantial creditor opposition.
When Late Appeal Briefs Get Dismissed: Lessons from a Property Dispute
The Supreme Court explains when late filing of an appeal brief justifies dismissal, using a property dispute as a cautionary example.
Security of Tenure in Government Service: When Reorganization Is a Ruse for Illegal Dismissal
The Supreme Court affirms that sham reorganizations violate security of tenure and that mayors acting in bad faith face personal liability for damages.
Balancing Justice AND Procedure When Failure TO File AN Appeal Leads TO Dismissal
When failure to file an appeal brief leads to dismissal, the Supreme Court explains why procedural rules matter and when they may be relaxed.
Procedural Due Process in Termination: When Post-Complaint Actions Uphold Dismissal Legality
Philippine Supreme Court clarifies that notices sent after an illegal dismissal complaint may still satisfy procedural due process if not a mere afterthought.
Double Jeopardy and Grave Abuse of Discretion in Securities Case Dismissals
The Supreme Court explains when a demurrer-based acquittal bars appeal and what grave abuse of discretion means.
Preventive Suspension and Due Process: When Filing a Complaint Preempts Company Investigation
A look at Artificio v. NLRC on preventive suspension, due process, and the consequences of filing a dismissal complaint before a scheduled hearing.
Dismissal for Forum Shopping: Preventing Redundant Lawsuits
Forum shopping rules apply only to judicial cases, not administrative complaints, as the Supreme Court clarifies in Ombudsman v. Rodriguez.
Upholding Judicial Impartiality: Bias and Abuse of Authority in Philippine Courts
A judge's manifest bias and abuse of authority draw administrative sanctions, even after dismissal from the bench.
Finality of Dismissal: Understanding Res Judicata in Employment Disputes
A Supreme Court ruling explains when a dismissal becomes final and how res judicata bars relitigation of settled employment disputes.
Illegal Dismissal: Employer's Burden to Prove Valid Termination and Due Process
Philippine Supreme Court clarifies employer's burden in illegal dismissal cases: valid cause and due process are both required for lawful termination.
Illegal Dismissal, Retrenchment, and Redundancy: Key Rules from Lambert Pawnbrokers v. Binamira
Supreme Court clarifies the rules on retrenchment, redundancy, and corporate liability in illegal dismissal cases, and when damages apply.
Resignation vs Constructive Dismissal: What Philippine Employees Must Prove
Philippine Supreme Court clarifies when preventive suspension and resignation amount to constructive dismissal, and what employees must prove.
Judicial Overreach: Defining the Boundaries of Contempt Power
The Supreme Court clarifies that dismissal for forum shopping requires identity of parties, causes, and reliefs—not mere procedural missteps.
Constructive Dismissal and the Burden of Proof in Illegal Termination Cases
Understand the burden of proof in illegal termination cases, including constructive dismissal, and what employees and employers must establish.
Defiance OF Return TO Work Order Just Cause FOR Dismissal OF Union Officers
Resignation vs Constructive Dismissal: When a Written Resignation Is Not Voluntary
When is a resignation letter not a true resignation? The Supreme Court explains constructive dismissal and employer liability.