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 169192 of 211 articles for dismissal

Motion for Reconsideration Under Summary Procedure: The Lucas Doctrine

When can a litigant file a motion for reconsideration under summary procedure? The Supreme Court clarifies the exception for dismissal orders.

When Can an Employer Terminate an OFW Due to Illness? The Medical Certificate Rule

Philippine law requires a medical certificate from a competent public health authority before an employer can validly terminate an OFW due to illness.

NLRC Appeal Bond Rules: Why Missing the Deadline Kills Your Labor Appeal

Learn why failing to post the NLRC appeal bond on time can dismiss your labor appeal, and how the DORELCO case shapes the rules.

Piece-Rate Workers Can Be Regular Employees: The Lambo v. NLRC Ruling

How the Supreme Court ruled that piece-rate tailors are regular employees entitled to full labor rights under Philippine law.

Fishermen Are Not Field Personnel: Service Incentive Leave for Sea-Based Workers

Supreme Court ruling clarifies that supervised fishermen are not "field personnel" and are entitled to service incentive leave under Philippine law.

Barangay Appointments: Why Sangguniang Barangay Approval Is Required

The Supreme Court ruled that a Punong Barangay cannot appoint or replace barangay officials without Sangguniang Barangay approval.

Date Discrepancies in Rape Cases: Substance Over Technicality in Philippine Law

Philippine courts uphold rape convictions despite date discrepancies in the information, prioritizing substantive justice over technical defects.

Moral Damages for Unfounded Lawsuits in the Philippines: What the Law Says

Winning a baseless lawsuit does not automatically entitle you to moral damages. Learn the rules from Expertravel v. CA.

Rear-End Collision Liability in the Philippines: Negligence and Proximate Cause

Philippine courts presume the rear driver at fault in rear-end collisions. Learn the rules on negligence and proximate cause from Raynera v. Hiceta.

The 90-Day Rule for Judges: What It Means for Speedy Justice in the Philippines

The 90-day rule requires Philippine judges to decide cases promptly. Learn how it works, what happens on delay, and the lessons from a landmark Supreme Court ruling.

RTC vs. MTC Jurisdiction: Filing Property Partition and Deed Annulment Cases

Learn when property partition and deed annulment cases belong in the RTC or MTC, based on Russell v. Vestil.

Certiorari vs Appeal: Choosing the Right Remedy in Philippine Courts

Learn when to file certiorari versus appeal in Philippine courts, based on the Supreme Court's ruling in Asian Trading Corporation v. Court of Appeals.

Proportionality in Employee Discipline: When Dismissal Is Too Harsh in the Philippines

Philippine labor law requires penalties to fit the offense. Learn when dismissal is disproportionate and how the Supreme Court applies this rule.

Employee vs. Independent Contractor: The Four-Fold Test Under Philippine Law

Philippine courts use the four-fold test to distinguish employees from independent contractors. Control is the key factor.

Security of Tenure for Private School Teachers: The NAMAWU v. San Ildefonso College Ruling

When do private school teachers gain permanent status, and what does illegal dismissal mean? The Supreme Court's ruling in NAMAWU v. San Ildefonso College provides clear answers.

Delayed Reporting in Rape Cases: Why Fear and Trauma Don't Discredit a Victim

Philippine Supreme Court ruling affirms that delayed reporting of rape doesn't automatically discredit a victim's testimony.

Refiling a Dismissed Case in the Philippines: When a Technical Dismissal Is Not Final

A Philippine Supreme Court ruling explains when a procedural dismissal is without prejudice, allowing a case to be refiled.

Premature Writ of Demolition: Due Process and the Sheriff's Duty in Philippine Execution

When can a sheriff implement a writ of demolition, and what happens when a motion for reconsideration is pending? The Supreme Court's ruling in A.M. No. P-98-1268 offers guidance.

Unwritten Company Policy and Illegal Dismissal: The Bangloy Case

Can an employee be fired under an unwritten policy? The Bangloy case shows why written, communicated rules are vital in Philippine labor law.

Buyer’s Right to Specific Performance When a Seller Backs Out of a Contract to Sell

Philippine Supreme Court ruling clarifies that sellers cannot unilaterally rescind a Contract to Sell, and buyers may sue for specific performance.

Writ of Possession in Expropriation: When Demolition Is Implied | Philippine Law

In expropriation cases, a writ of possession can include the power to demolish structures. Learn the rule from Knecht v. Desierto.

Withdrawal of an Administrative Complaint: Does It Auto-Dismiss Cases Against Court Personnel?

Withdrawing an administrative complaint against court personnel does not automatically end the case. The Supreme Court explains when dismissal is proper.

Preliminary Investigation as a Substantive Right: The Duterte v. Sandiganbayan Doctrine

The right to preliminary investigation is substantive, not a mere formality. Duterte v. Sandiganbayan shows how its violation can void criminal charges.

Counterclaims After Complaint Dismissal: Philippine Rules Explained

Learn when counterclaims survive dismissal of the main complaint under Philippine civil procedure, based on the Fletcher Challenge case.