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.
When Certiorari Cannot Replace a Lost Appeal: Villanueva v. Quisumbing
Supreme Court clarifies that certiorari cannot substitute for a lost appeal, and distinguishes grave misconduct from disgraceful and immoral conduct.
Morality vs Misconduct: Defining the Boundaries of Public Service Decorum
The Supreme Court clarifies when private immorality becomes administrative misconduct, and why certiorari cannot replace a lost appeal.
Ombudsman Jurisdiction Over GOCCs: The Original Charter Requirement
The Supreme Court limits Ombudsman jurisdiction over GOCCs to those with original charters, not corporations merely acquired by government.
When Can Philippine Employers Dismiss Striking Workers? Illegal Strikes Explained
Philippine law allows employers to dismiss workers who join illegal strikes or commit illegal acts during strikes. Learn the rules.
Exhaustion of Administrative Remedies: When Can You Skip the Bureaucracy and Go to Court
Philippine Supreme Court explains the doctrine of exhaustion of administrative remedies and its exceptions, using a GSIS dismissal case as an example.
When Can Loss of Trust Justify Employee Dismissal in Philippine Labor Law
Loss of trust justifies dismissal only for positions of confidence and must rest on substantial evidence, not mere suspicion.
When Strikes Become Illegal: Collective Bargaining Rights and Union Representation in the Philippines
The Supreme Court clarifies when strikes are illegal, who can be dismissed, and the rules on backwages for union members.
Authority to Sign Certification Against Forum Shopping in Corporate Litigation
Who may sign the certification against forum shopping in corporate cases? The Supreme Court clarifies the rules on authority and false certifications.
Consignation and the Debtor's Right to Withdraw: Lessons from Banco Filipino v. Diaz
When can a debtor withdraw a consignated deposit? The Supreme Court explains the rules under Article 1260 of the Civil Code.
Illegal Dismissal: Abandonment Defense Fails, Backwages Still Due
Philippine Supreme Court ruling on illegal dismissal, abandonment defense, and the right to full backwages even when separation pay is awarded.
Illegal Dismissal Burden of Proof: Employer Must Substantiate Abandonment Claims
In Velasco v. NLRC, the Supreme Court clarified that employers bear the burden of proving abandonment in illegal dismissal cases, and that separation pay does not replace backwages.
Religious Freedom and Administrative Discipline: The Escritor Doctrine on Benevolent Neutrality
Explaining the Supreme Court's landmark ruling on religious freedom as a defense in administrative cases, and the compelling state interest test.
When a Judge's Contempt Power Becomes Grave Abuse of Authority
Supreme Court fines judge for citing a building operator in contempt over a switched-off circuit breaker, reaffirming limits on judicial contempt power.
Employer Liability When an Employee's Crime Becomes the Company's Debt
Philippine Supreme Court ruling on employer subsidiary liability for crimes committed by employees, and when companies must answer for employee misconduct.
Seafarers Are Contractual Employees: What This Means for Benefits Claims
Supreme Court clarifies that seafarers are contractual, not regular, employees—affecting 13th month pay and disability benefits claims.
Ombudsman's Power to Impose Administrative Penalties: Not Just a Recommendation
The Supreme Court clarifies that the Ombudsman can directly impose administrative penalties, not merely recommend them, under the Constitution and RA 6770.
Limits of Administrative Rulemaking: Can Implementing Rules Expand a Law's Scope?
The Supreme Court clarifies that implementing rules cannot expand a law's scope, upholding DepEd Order No. 1, Series of 2003.
Successor Liability in Philippine Labor Law: When Is a Company Responsible for Another's Debts
Philippine Supreme Court clarifies when a company becomes liable for another firm's labor debts under successor liability rules.
When Government Salaries Can Be Withheld: The Santiago COA Ruling
The Supreme Court clarifies when COA may withhold a government employee's salary for an alleged cash shortage, and when it cannot apply the withheld amounts.
Challenging NLRC Decisions: Judicial Review in Illegal Dismissal Cases in the Philippines
Learn how courts review NLRC rulings in illegal dismissal cases, and when factual findings may be overturned.
Employee Termination: Just Cause and Due Process Under Philippine Law
The Supreme Court clarifies the standards for valid employee termination in the Philippines, focusing on just cause and due process requirements.
Constructive Dismissal and OFWs: What the Supreme Court Says About Quitting
The Supreme Court explains when an OFW's resignation is constructive dismissal and how quitclaims affect claims for unpaid wages.
Navigating Probationary Employment: When Does a Probationary Employee Become Regular in the Philippines
Understand Philippine probationary employment rules, including the six-month limit, evaluation requirements, and when a probationary employee becomes regular.
Managerial Staff vs Regular Employees: Overtime Pay and Labor Standards in the Philippines
Philippine Supreme Court explains why managerial staff, like regular employees, are exempt from overtime pay and other labor standard benefits.