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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Illegal Dismissal and Employee Misconduct: Balancing Rights and Responsibilities in Employment Law
Learn how the Supreme Court balanced illegal dismissal claims against employee misconduct in Palteng v. United Coconut Planters Bank.
Improper Appeal Why Hanjins Certiorari Petition Failed TO Overturn Illegal Dismissal Ruling
Why a certiorari petition failed to overturn an illegal dismissal ruling, and what it means for litigants.
Res Judicata and Forum Shopping: When Repeated Lawsuits Over the Same Land Dispute Are Barred
Philippine Supreme Court explains forum shopping rules and when dismissal for failure to prosecute is too severe a sanction.
Falsifying Personal Data Sheets: Dishonesty in Public Service and Its Penalties
The Supreme Court ruled that falsifying entries in a government employee's Personal Data Sheet constitutes dishonesty, but mitigating circumstances may reduce the penalty of dismissal.
Certiorari and Summary Procedure: When Dismissal for Failure to Prosecute Is Too Harsh
A look at when Philippine courts may relax procedural rules on dismissal for failure to prosecute, based on a 2009 Supreme Court ruling.
Failure to Prosecute: When Dismissal Is Too Severe a Sanction
Explaining when courts may relax procedural rules on failure to prosecute, based on a 2009 Supreme Court ruling.
Redundancy Programs Upholding Employer Rights IN Employee Dismissal
Supreme Court affirms employer's right to contract out work during business exigencies, clarifying limits of unfair labor practice claims.
Probationary Employment for Teachers: Rights, Limits, and the Manalo Ruling
Learn the rules on probationary employment for private school teachers, including tenure rights, dismissal standards, and the landmark Manalo case.
Due Process in Employee Dismissal: Balancing Notice and Opportunity to Be Heard
Philippine Supreme Court clarifies the twin notice requirement in employee dismissal—opportunity to be heard, not actual hearing, is the essence of due process.
Retrenchment Requisites: When Economic Downturn Does Not Justify Dismissal
Philippine Supreme Court clarifies the strict requisites for valid retrenchment, including proof of losses and 30-day notice rules.
Burden of Proof in Illegal Dismissal: Why Employers Must Justify Termination
Philippine law places the burden of proof on employers in illegal dismissal cases. Learn the rules and practical takeaways.
Breach OF Public Trust Dismissal FOR Malversation AND Dishonesty IN THE Judiciary
Burden OF Proof IN Illegal Dismissal Cases Employers Responsibility TO Substantiate Just Cause
Constructive Dismissal Defining Workplace Harassment AND Employer Rights
Learn when workplace harassment becomes constructive dismissal and how employers can defend termination decisions under Philippine law.
When Mootness Obscures Justice THE Dismissal OF AN Estafa Case DUE TO Supervening Events
Regular Employment and Security of Tenure: When Suspension and Reinstatement Bar Later Dismissal
The Supreme Court affirms that condonation of infractions and return to work protect an employee's security of tenure against dismissal.
Regular Employee Status, Security of Tenure, and Retirement Rights Under Philippine Labor Law
SC ruling on regular employment, illegal dismissal, and retirement rights under Article 302 of the Labor Code.
Dishonesty in Public Office: The Price of False Entries and Delayed Deposits
A cashier's false cashbook entry and delayed bank deposits amount to dishonesty, warranting dismissal from government service.
Breach of Trust Dismissal Upheld for Financial Controller's Mismanagement
Supreme Court rules financial controller validly dismissed for gross neglect, serious misconduct, and loss of trust and confidence.
Substantial Compliance in Appeals: When Technicalities Yield to Justice
Philippine Supreme Court clarifies that substantial compliance with procedural rules can save an appeal from outright dismissal, prioritizing merits over technicalities.
Proportionality in Employee Discipline: When Is Dismissal Too Harsh?
Philippine Supreme Court ruling on when dismissal is too harsh a penalty for workplace policy violations, explained in plain language.
Court Hierarchy and Procedural Rules: Certiorari Petition Dismissed for Bypassing Lower Courts
Supreme Court affirms dismissal of certiorari petition for violating hierarchy of courts and failing to comply with verification and non-forum shopping rules.
Second Chances in the Judiciary: When Compassion Tempers Dismissal in Reinstatement Cases
The Supreme Court shows compassion can modify final administrative penalties, allowing dismissed judges to claim earned leave benefits.
Victory Liner v. Race: Good Faith Can Limit Backwages in Illegal Dismissal Cases
When an employer acts in good faith, an illegally dismissed employee may receive limited backwages instead of full backwages.