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 145168 of 292 articles for written notice

Retrenchment and Proof of Financial Losses: Safeguarding Employee Rights in Business Downturns

When can a company validly retrench workers? The Supreme Court clarifies the burden of proving business losses.

Tenant's Right of Redemption: Written Notice Requirement and the Perils of Wrong Appeal Remedy

Supreme Court clarifies tenant redemption rights require written notice, and errors in appeal mode are fatal to agrarian cases.

Tenant's Right of Redemption: Written Notice Is Key in Agrarian Reform

Supreme Court ruling on tenant redemption rights under RA 3844 and the importance of written notice in agrarian reform cases.

Misconduct vs Termination: Balancing Employee Rights and Employer Prerogatives

A seafarer's dismissal for a positive drug test is upheld, but the Court awards nominal damages for lack of due process.

Retrenchment Proving Business Losses To Justify Employee Termination Under Philippine Law

Philippine Supreme Court clarifies the stringent standards employers must meet to validly retrench employees under Article 283 of the Labor Code.

Upholding Termination for Theft: Balancing Due Process and Employer Rights in Labor Disputes

Supreme Court affirms dismissal of cable splicers for theft of company property, clarifying that ample opportunity to be heard, not a formal hearing, satisfies due process.

Redundancy and Management Prerogative: Safeguarding Employee Rights in Corporate Restructuring

Philippine Supreme Court clarifies redundancy termination rules, management prerogative limits, and employee rights in corporate restructuring.

Retrenchment Rules in the Philippines: When Cost-Cutting Becomes Illegal Dismissal

Philippine Supreme Court explains when retrenchment is illegal: employer must prove losses, use fair criteria, and follow notice rules.

Breach of Trust and Misappropriation of Funds Justify Dismissal in Electric Cooperative

Supreme Court rules that misappropriating collections and gross negligence are valid causes for dismissing employees of an electric cooperative.

Gross Negligence and Employee Termination: When One Mistake Justifies Dismissal

Philippine Supreme Court clarifies when a single act of gross negligence can be a valid just cause for terminating a regular employee.

Redundancy, Retrenchment, and Strikes: Lessons from the Hyatt Regency Manila Case

The Supreme Court balances valid downsizing against illegal strikes, explaining redundancy, retrenchment, and quitclaims in the hotel industry.

Tax Evasion vs Deficiency: When Criminal Charges Can Proceed Without Prior Assessment

Philippine Supreme Court clarifies when the BIR can file criminal tax evasion charges without a prior formal assessment, distinguishing deficiency assessments from criminal prosecution.

Retrenchment Balancing Employer Rights AND Employee Protection During Economic Downturns

The Supreme Court clarifies when retrenchment is valid, what criteria employers may use, and what employees can expect during economic downturns.

The 24-Hour Rule in Cargo Claims: Carrier Liability Under Philippine Shipping Law

Philippine Supreme Court clarifies the 24-hour claim rule under the Code of Commerce for damaged cargo and its effect on carrier liability.

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.

Lease vs. Good Faith: When Hotel Improvements Don't Mean Ownership Rights

Philippine Supreme Court clarifies that lessees are not builders in good faith, limiting their rights to Article 1678 reimbursement.

When Landlords Can Cut Utilities: Lessons from Barbasa v. Tuquero

Learn when a lessor may lawfully disconnect utilities under a lease's penalty clause without committing grave coercion.

Seafarer Dismissal Upheld: Totality of Infractions and Due Process in Maritime Cases

Philippine Supreme Court upholds seafarer's dismissal based on totality of infractions, but awards nominal damages for lack of due process.

Seafarer Misconduct and Due Process: Balancing Just Cause With Procedural Rights in Maritime Employment

Philippine Supreme Court clarifies that seafarers dismissed for just cause without procedural due process get nominal damages, not reinstatement.

The Perils of Untimely Appeals: Adherence to Procedural Rules in Philippine Courts

Explore how strict procedural rules shape Philippine labor cases, from appeal deadlines to due process in dismissals.

Estafa Conviction Overturned: The Critical Role of Notice in Bouncing Check Cases

The Supreme Court acquits Goretti Ong of estafa, ruling that failure to prove notice of dishonor is fatal to a bouncing check prosecution.

Upholding Due Process for Workers: When Business Closure Is a Subterfuge

Business closures must be bona fide. The Supreme Court explains when a simulated shutdown becomes illegal dismissal.

Altered Checks and Holder in Due Course Protection Under the Negotiable Instruments Law

Supreme Court ruling on drawee bank liability for altered checks and holder in due course protection under the Negotiable Instruments Law.

Dismissal Based on Theft: Upholding Employee Termination for Unauthorized Disposal of Company Property

Supreme Court rules on valid dismissal for theft of company property and the due process requirements in employee termination cases.