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 318 articles for erb

Retrenchment Validity: Balancing Employer Rights and Employee Protection in Downturns

The Supreme Court clarifies when retrenchment is valid, the role of quitclaims, and the limits of procedural due process in labor dismissals.

When an Alien Executive Is a Regular Employee, Not a Corporate Officer: The WPP v. Galera Lesson

The Supreme Court clarifies the distinction between a corporate officer and a regular employee, and the consequences of working without an alien employment permit.

Fixed Price Contracts: No Recovery for Unapproved Additional Costs

Philippine Supreme Court ruling on fixed lump-sum contracts: contractors cannot recover additional costs without written approval under Article 1724.

Private Contractors Can Be Held Liable Under the Anti-Graft Law for Conspiring With Public Officers

The Supreme Court affirms that private individuals who conspire with public officers in graft cases can be held liable under Section 3(e) of RA 3019.

When Is a Statement an Admission? Lessons from a Prawn Feed Dispute

A Supreme Court ruling clarifies when a written statement counts as an admission and when corporate officers can be held personally liable.

Sangguniang Bayan Concurrence in Municipal Appointments: A Mandatory Requirement

The Supreme Court ruled that municipal appointments require Sangguniang Bayan concurrence; without it, the appointment is invalid regardless of tenure.

Novation and Loan Enforceability: When a Verbal Change Makes a Debt Due

Explaining how a verbal agreement to start paying early can novate a loan's conditions, making it due and demandable under Philippine law.

Resignation With Assurance: Enforceability of Separation Pay Agreements in Voluntary Resignations

Philippine Supreme Court ruling on when a voluntary resignation with a promised separation pay creates an enforceable obligation on the employer.

Breach of Contract and Delay Damages in Construction Projects: Uy v. Public Estates Authority

A Supreme Court ruling on contractor claims for delay damages, standby equipment costs, and the strict written-change-order rule under Article 1724.

Illegal Dismissal: Employer Bears Burden of Proving Just Cause and Due Process

Philippine Supreme Court ruling on employer's burden to prove just cause and due process in illegal dismissal cases.

Proving Land Ownership: Why Possession Since 1945 Needs More Than Claims

Learn what Philippine courts require to prove land ownership through possession since 1945, from the Arbias v. Republic case.

Investment or Loan? The Estafa Trap in Misrepresented Business Ventures

When a business deal fails, is it a breach of contract or estafa? The Supreme Court clarifies when false pretenses turn a failed investment into a criminal offense.

Rape Conviction Affirmed on Credibility of Testimony and Weak Defense of Alibi

Supreme Court affirms murder conviction, explaining why credible eyewitness testimony outweighs alibi and denial in Philippine criminal cases.

When Can Power Generators Be Exempted from Power Delivery Charges

Philippine Supreme Court ruling on when independent power producers may be exempt from Power Delivery Service charges for ancillary services.

Failure to Present Logbook and Follow Due Process Makes Seafarer Dismissal Illegal

Supreme Court rules a seafarer's dismissal was illegal where the employer relied only on fax messages and failed to observe the two-notice rule.

When Social Media Abuse Qualifies for Higher Penalties Under Philippine Law

The Supreme Court clarifies how Facebook posts can prove psychological abuse under RA 9262 and why ICT use raises the penalty.

Moral Conduct in the Judiciary: Defining Immorality and Due Process for Court Employees

The Supreme Court clarifies when giving birth out of wedlock is immoral conduct for court employees and protects due process rights.

Drunk Passenger Altercation Establishing Liability in Cases of Murder and Physical Injuries

SC ruling on liability when a drunk passenger's altercation turns deadly, covering treachery, conspiracy, and proper penalties.

Online Psychological Abuse Under RA 9262: When a Public Facebook Post Becomes a Crime

The Supreme Court clarifies how public social media posts can constitute psychological abuse under RA 9262, and when using ICT raises the penalty.

Written Notice of Dishonor Is Essential in B.P. 22 Cases: Bax v. People

The Supreme Court clarifies that oral demands do not suffice—written notice of dishonor is required to convict under the Bouncing Checks Law.

Online Psychological Abuse Under RA 9262: When Facebook Posts Lead to Higher Penalties

The Supreme Court clarifies how social media posts can prove psychological abuse under RA 9262 and why ICT use raises the penalty.

Online Psychological Abuse Under RA 9262: When a Public Facebook Post Leads to a Higher Penalty

The Supreme Court clarifies how social media posts can prove psychological abuse under RA 9262 and why using Facebook raises the penalty.

Abolition of Public Office: Balancing Government Reorganization and Security of Tenure

The Supreme Court explains when abolishing a government office is valid and how it differs from removal, protecting security of tenure.

Fortuitous Events and Employee Dismissal: When Absences Are Excusable

The Supreme Court ruled that absences caused by fortuitous events like flooding cannot justify dismissal, protecting workers' labor rights.