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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Forum Shopping Dismissal: Redundant Suits and Lis Pendens Cancellation
When can a second case be dismissed as forum shopping? The Supreme Court explains in SK Realty v. Johnny KH Uy.
Dismissal Upheld: Grave Misconduct Outweighs Length of Service in Philippine Civil Service
Supreme Court rules length of service and first offense cannot save a civil servant from dismissal for grave misconduct like selling recycled exam stamps.
Voluntary Resignation vs Constructive Dismissal: Protecting Employee Rights
Understand the difference between voluntary resignation and constructive dismissal, and how Philippine labor law protects employees from illegal termination.
Dismissal for Grave Misconduct: Court Clerk's Unauthorized Handling of Court Documents
Court personnel must uphold integrity. A clerk's unauthorized removal of court records and possession of pre-signed bail bonds led to dismissal for grave misconduct.
Ombudsman's Discretion in Criminal Cases: Limits on Judicial Review
The Supreme Court in Perez v. Ombudsman explains why courts rarely overturn the Ombudsman's dismissal of criminal complaints, and where to file a challenge.
Grave Misconduct in the Judiciary: When a Clerk's Acts Betray Public Trust
A court clerk's unexplained possession of pre-signed bail bonds and removal of court records leads to dismissal for grave misconduct.
The Imperative of Presence Dismissal for Absent Parties in Philippine Pre-Trial Proceedings
Learn how Philippine courts handle absent parties in pre-trial and when dismissal is proper under the Rules of Court.
Illegal Dismissal and Employer-Employee Relationship in Philippine Labor Law
Learn how the Supreme Court protects employee rights in illegal dismissal cases, including the employer-employee relationship test and due process requirements.
Desistance Does Not Automatically Dismiss a Disbarment Case Against a Lawyer
A complainant's change of heart does not automatically end a disbarment case. The Supreme Court explains when dismissal is still proper.
Illegal Dismissal and Abandonment: What Employers Must Prove in Philippine Labor Cases
Philippine Supreme Court clarifies abandonment and due process requirements in illegal dismissal cases, protecting employee rights under the Labor Code.
Leave Benefits for Dismissed Employees: Balancing Justice and Accountability in Philippine Law
Philippine Supreme Court clarifies prescriptive periods for money claims and illegal dismissal cases in Texon Manufacturing vs. Millena.
Leave Credits Survive Dismissal: The Paredes v. Padua Ruling
The Supreme Court clarifies that dismissed government employees keep earned leave credits, even when retirement benefits are forfeited.
Timeliness of Labor Claims: Understanding Prescription Periods for Employees' Rights
Learn how prescription periods apply to money claims and illegal dismissal cases under Philippine labor law, explained through the Texon Manufacturing case.
Flight From Justice: How Fugitive Status Can Bar Appeal Rights in the Philippines
Philippine Supreme Court ruling explains how a fugitive's escape from custody can lead to dismissal of their appeal and loss of legal remedies.
Estafa Through Misappropriation: When an Employee's Failure to Account Amounts to Breach of Trust
The Supreme Court clarifies when an employee's failure to account for company funds and property constitutes estafa through misappropriation, reversing dismissals by prosecutors.
When a Flawed Complaint Can Still Lead to Estafa: The Filadams Pharma Case
A Supreme Court ruling shows when a prosecutor's dismissal of an estafa complaint is grave abuse of discretion, and what evidence matters.
The Two-Notice Rule: Safeguarding Employee Rights Against Illegal Dismissal in the Philippines
Philippine law requires two written notices before dismissal. A 2004 Supreme Court ruling explains why failing to comply makes termination illegal.
Procedural Compliance Prevails Dismissal Upheld for Forum Shopping and Improper Service
Supreme Court affirms dismissal of petition for procedural lapses—unsigned certification, improper service, and photocopied annexes—underscoring strict rule compliance.
Dismissal for Dishonesty: Falsifying Credentials in Government Service
Supreme Court affirms dismissal of court employee who falsified educational credentials in Personal Data Sheets to gain promotions.
Management Prerogative vs. Constructive Dismissal: The BENECO Ruling
The Supreme Court upheld an electric cooperative's transfer of an employee, ruling it was a valid management prerogative and not constructive dismissal.
Security of Tenure vs Valid Reassignment: Protecting Public Employees From Constructive Dismissal
The Supreme Court clarifies when a demotion amounts to constructive dismissal and when an employee may be considered retired.
Reassignment vs Constructive Dismissal: Security of Tenure in Philippine Civil Service
A security guard's floating status and reassignment under Philippine labor law—when does it become constructive dismissal?
Illegal Strikes and Employee Dismissal: What the Supreme Court Says
Learn when union officers and members can be dismissed for illegal strikes, and the due process rules employers must follow.
Dismissal of Administrative Appeals for Late Memoranda: The Ombudsman and Court Discretion
The Supreme Court reinstates NPC's appeal, ruling that the Court of Appeals abused its discretion in dismissing the case for a late memorandum, and clarifies administrative jurisdiction principles.