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.
Termination Disputes and Choice of Law: Protecting Philippine Labor Rights in Cross-Border Employment
Philippine labor tribunals can hear termination disputes involving foreign employers; Philippine law applies when the worker's duties are performed here.
Security of Tenure vs Management Prerogative: Balancing Rights in Security Agency Employment
Philippine Supreme Court ruling on the balance between security of tenure and management prerogative in security agency employment.
Loss of Trust and Due Process: Philippine Standards for Employee Dismissal
Philippine Supreme Court clarifies the standards for loss of trust and due process in employee dismissal cases under the Labor Code.
Illegal Dismissal: Proving Just Cause at the Time of Termination
When can an employer validly dismiss an employee? The Supreme Court clarifies the rules on just cause, due process, and burden of proof in illegal dismissal cases.
Optional Retirement Requires Employee's Explicit Consent: A Guide to Article 302 of the Labor Code
The Supreme Court clarifies that optional retirement before age 65 requires the employee's explicit, voluntary consent; otherwise, it is illegal dismissal.
Satisfaction of Judgment and the Right to Appeal: Navigating Mootness in Philippine Labor Law
When paying a labor award does not end the case: the Supreme Court clarifies the mootness doctrine in seafarer disability disputes.
Regular vs. Fixed-Term Employment: Security of Tenure Under Philippine Labor Law
The Supreme Court clarifies when fixed-term employment is valid and when it violates a worker's security of tenure under Philippine labor law.
Finality of Settlements: How Quitclaims Impact Employment Disputes
Philippine Supreme Court clarifies when quitclaims are valid and binding in labor disputes, protecting employees from waivers made under duress.
Retaliatory Dismissal: Protecting Employees Who Assert Their Rights
The Supreme Court affirms that firing workers for filing labor complaints violates security of tenure and constitutes illegal dismissal.
Government Reorganization: Security of Tenure vs Legislative Authority
Explaining the Supreme Court ruling on ATO abolition, hold-over status, and security of tenure in government reorganizations.
Breach of Trust and Employee Dismissal: Employer's Burden of Proof in Philippine Labor Law
Explore the Supreme Court's ruling in Temic Automotive v. Cantos on breach of trust dismissals, emphasizing the employer's burden of proof.
When a Heated Argument Is Not "Fighting": A Philippine Labor Law Lesson on Just Cause Dismissal
Philippine Supreme Court clarifies that "fighting" as a just cause for dismissal requires physical combat, not mere verbal altercations.
Closure Due to Losses: Employee Rights and Employer Obligations in the Philippines
Understand the rules on business closure due to losses in the Philippines—what employees are entitled to and what employers must do.
When Labor Officials Cannot Appeal: The Real Party-in-Interest Rule
A Supreme Court ruling clarifies that quasi-judicial officers like the Labor Secretary cannot appeal adverse appellate decisions, reinforcing judicial detachment.
Reinstatement vs Return to Work: Clarifying Employment Rights After a Transfer
A Supreme Court ruling clarifies that reinstatement only applies to illegal dismissal, while a valid transfer requires a return to work order.
Termination Due to Illness in the Philippines: Balancing Employer Rights and Employee Protection
The Supreme Court clarifies when employers may validly terminate employees due to disease, and the procedural due process required under Philippine labor law.
Probationary Employment: When a Job Description Can Define Clear Regularization Standards
Philippine Supreme Court clarifies when a job description and duties suffice as reasonable standards for probationary employee regularization and dismissal.
Business Closure vs Illegal Dismissal: Navigating Employee Rights in the Philippines
When is a resignation forced? Learn how Philippine labor law distinguishes voluntary resignation from illegal dismissal, based on a Supreme Court ruling.
Employer's Duty to Recall Employees After Six-Month Suspension of Operations
Philippine Supreme Court clarifies that a bona fide suspension of business operations beyond six months makes employee termination illegal unless workers are recalled.
When Business Downturns Lead to Employee Layoffs: Understanding Retrenchment Under Philippine Law
Learn the legal rules on retrenchment in the Philippines, including valid grounds, procedural requirements, and worker protections.
Local Union Disaffiliation Rights and Check-Off Dues Under Philippine Law
Philippine Supreme Court clarifies when a local union may disaffiliate from its mother federation and what happens to check-off dues.
Business Closure vs Retrenchment: Protecting Workers' Rights in the Philippines
The Supreme Court clarifies the difference between business closure and retrenchment under Philippine labor law, and when separation pay is required.
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.
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.