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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Probable Cause in Trafficking Cases: The Two Kinds of Determination Under Philippine Law
A Supreme Court ruling clarifies the difference between executive and judicial probable cause in trafficking cases, and why judges should not dismiss cases prematurely.
Loss of Trust and Confidence as Just Cause: Balancing Employer Rights and Due Process in Termination Cases
The Supreme Court clarifies when loss of trust and confidence justifies dismissal, and when employers still owe employees procedural due process.
Illegal Dismissal vs. Abandonment: When Turning Over Files Means Termination
The Supreme Court clarifies when an employee's turnover of files signals dismissal rather than abandonment, protecting workers' security of tenure.
Gopio v. Bautista: Security of Tenure for OFWs and the Limits of Contractual Termination Clauses
The Supreme Court voided a contract clause allowing an employer to dismiss an overseas worker on any ground with one month's pay, reaffirming security of tenure for OFWs.
Voluntary Resignation vs Illegal Dismissal: Who Bears the Burden of Proof?
In illegal dismissal cases, the employee must first prove termination by the employer before the burden shifts to the employer.
Voluntary Resignation vs Illegal Dismissal: Proving the Fact of Termination
Philippine Supreme Court clarifies that employees must first prove the fact of termination before employers bear the burden of showing just cause.
Abandonment vs Illegal Dismissal: Proving the Fact of Termination
In illegal dismissal cases, the employee must first prove the fact of dismissal. The Supreme Court explains the rules on abandonment.
Totality of Infractions: Delineating Just Cause for Termination in Philippine Labor Law
The Supreme Court clarifies when past offenses may justify dismissal under the totality of infractions principle, balancing employer prerogative and employee rights.
When Verbal Termination of Lease Ends the Need for a Demand Letter in Unlawful Detainer
The Supreme Court clarifies when a demand letter is unnecessary in unlawful detainer cases, particularly involving month-to-month verbal leases.
Misconduct vs Termination: Balancing Employee Rights and Employer Authority in the Philippines
Philippine Supreme Court clarifies when employee misconduct justifies termination, and when it does not, in Fabricator Philippines v. Estolas.
Mutual Contract Termination Does Not Waive Payment Claims in Construction Disputes
Supreme Court ruling on DPWH v. CMC/Monark Joint Venture clarifies that mutual termination of a construction contract does not extinguish valid payment claims.
Mutual Termination of a Construction Contract Does Not Erase Unpaid Obligations
A Supreme Court ruling clarifies that mutually terminating a government construction contract does not waive the contractor's right to collect payment for work already completed.
Clerk of Court Liable for Simple Neglect of Duty Over Lost Firearm Exhibits
The Supreme Court holds a clerk of court guilty of simple neglect for losing firearm exhibits kept beyond case termination, explaining duties under Rule 136.
Dismissal for Misconduct: When Employee Disrespect Justifies Termination
Explaining when an employee's disrespectful conduct toward a superior constitutes serious misconduct justifying dismissal under Philippine labor law.
Union Expulsion vs Dismissal: When a Union Security Clause Cannot Justify Termination
Supreme Court rules union officers cannot be expelled and dismissed based on grounds for impeachment under the union constitution.
Redundancy and Fair Compensation: Balancing Business Needs and Employee Rights in Termination
The Supreme Court clarifies when redundancy dismissals are valid and when separation pay falls short of the Labor Code's requirements.
Constructive Dismissal, Demotion, and Anti-Union Acts as Illegal Termination
When demotion and anti-union harassment amount to constructive dismissal, and how corporate mergers affect liability.
Project Employment vs Regular Employment: What Philippine Law Says
Philippine Supreme Court clarifies when construction workers are project employees and not regular employees, and what this means for termination rights.
Civil Service Jurisdiction: CSC Authority Over Employee Termination Disputes
The Supreme Court clarifies that the Civil Service Commission, not the RTC, has jurisdiction over termination disputes involving civil service employees.
Procedural Due Process in Termination: Proper Notice When a Business Closes
The Supreme Court rules that paying salaries cannot replace the one-month written notice required before business closure terminates employees.
Illegal Dismissal Claims: When Breach of Trust Justifies Termination Despite Weak Theft Evidence
Philippine Auto Components v. Jumadla clarifies when loss of trust and confidence can justify dismissal even if serious misconduct is not proven.
Social Media Speech and Employment: Defining the Boundaries of Loss of Trust in Termination Cases
Philippine Supreme Court clarifies when loss of trust justifies dismissal, distinguishing rank-and-file from managerial employees.
Unilateral Lease Termination and Ejectment: Mutuality of Contracts in Philippine Law
Philippine Supreme Court ruling on when a lessor may unilaterally terminate a lease and file ejectment, and the limits of summary proceedings.
Breach of Trust in Employment: Upholding Termination for Misconduct
The Supreme Court explains when loss of trust and confidence justifies dismissing an employee, even without a criminal conviction.