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.

Showing 97120 of 292 articles for written notice

The Duty of Disclosure: Honesty in Seafarer Employment Contracts

A Supreme Court ruling on how concealing a pre-existing illness in a seafarer's PEME can bar disability claims, even when the 3-day reporting rule is excused.

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.

Contractual Breach Understanding Rescission Rights IN Mining Agreements

Philippine Supreme Court clarifies when a mining operating agreement may be validly rescinded for breach under Article 1191 of the Civil Code.

Redundancy vs Retrenchment: Protecting Employees From Illegal Dismissal

The Supreme Court clarifies the distinction between redundancy and retrenchment, and the rules employers must follow to avoid illegal dismissal.

Redundancy vs Replacement: Protecting Employees From Unjust Dismissal

When is a redundancy dismissal valid? The Supreme Court clarifies the rules on redundancy and protects employees from disguised termination.

Illegal Dismissal: Security of Tenure vs. Employer Prerogative in the Philippines

A Supreme Court ruling on fixed-term contracts, security of tenure, and the limits of employer prerogative in termination cases.

Fixed-Term Employment vs Regular Employment: Security of Tenure and Illegal Dismissal

When a fixed-term contract expires but the employee keeps working, regular employment and security of tenure may arise. Illegal dismissal rules apply.

Inefficiency VS Neglect Charting THE Boundaries OF Just Cause Termination IN THE Philippines

Philippine Supreme Court clarifies the distinction between inefficiency and neglect as valid grounds for terminating employment under the Labor Code.

Counsel Substitution and Appeal Perfection: Procedural Pitfalls in Labor Disputes

A Supreme Court ruling on how improper counsel substitution and missing non-forum shopping certifications can doom labor appeals.

Closure Due to Serious Losses: When Separation Pay Is Not Required

Philippine Supreme Court clarifies when business closure due to serious losses exempts employers from separation pay, but still requires proper notice.

Breach of Trust: Upholding Employer Rights in Managerial Dismissals in the Philippines

The Supreme Court clarifies when loss of trust and confidence justifies dismissing managerial employees, even without actual damage to the employer.

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.

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.

Separation Pay After Valid Dismissal: When Social Justice Does Not Apply

The Supreme Court clarifies when a validly dismissed employee may still receive separation pay, and when social justice arguments fail.

Corporate Reorganization, Presidential Alter Ego Doctrine, and Security of Tenure Limits

Supreme Court clarifies when government corporate boards may reorganize, reassign officers, and drop employees for poor performance without violating tenure.

Retrenchment Validity: Balancing Employer Prerogative and Employee Security of Tenure

The Supreme Court clarifies the requisites for valid retrenchment and when quitclaims bar illegal dismissal claims in Pepsi-Cola v. Molon.

Redundancy Dismissal: Employers Must Prove Justification, Not Just Declare It

Philippine Supreme Court clarifies that employers cannot simply declare redundancy—they must present substantial proof to justify dismissal.

Seafarers Disability Claims Strict Compliance With POEA SEC Requirements

Philippine Supreme Court ruling on why seafarers must strictly comply with POEA-SEC disability claim procedures, including the 3-day post-employment medical examination rule.

Seafarers' Rights: Timely Medical Exams and Disability Claims Under the POEA-SEC

A seafarer's disability claim survives if the employer fails to provide timely post-employment medical examination, as ruled in Career Philippines v. Serna.

Redundancy Programs Balancing Business Needs AND Employee Rights IN THE Philippines

Understand Philippine redundancy rules through Morales v. Metrobank: valid termination requires good faith, fair criteria, proper notice, and separation pay.

Proof of Notice in B.P. 22 Cases: Registry Receipt Alone Insufficient

In B.P. 22 cases, a registry return receipt alone cannot prove notice of dishonor. Learn what evidence the prosecution must present.

Illegal Dismissal: Employer Must Prove Just Cause AND Due Process in Termination

Philippine Supreme Court clarifies that terminating an employee requires both substantive and procedural due process; failure in either makes dismissal illegal.