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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Valid Publication in Extrajudicial Foreclosure: Reasserting Creditors' Rights
Philippine National Bank v. Maraya clarifies that publication of notice in extrajudicial foreclosure is mandatory, not excusable by the debtor's knowledge.
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.
Forced Resignation Is Illegal Dismissal: Casa Cebuana v. Leuterio
Forcing an employee to resign without due process is illegal dismissal. Learn the two-notice rule from Casa Cebuana v. Leuterio.
Due Process vs Abandonment: Balancing Employee Rights in Termination Cases
Philippine Supreme Court clarifies that valid dismissal for abandonment still requires due process; employers must pay nominal damages for notice violations.
Abandonment of Work and Due Process: When Dismissal Is Valid but Still Costs the Employer
Philippine Supreme Court clarifies that abandoning work is a just cause for dismissal, but employers who skip the two-notice rule still pay nominal damages.
Strike Legality Counter Proposals AND Union Officer Dismissals IN Labor Disputes
Supreme Court clarifies notice of strike requirements and the "knowingly participates" rule for dismissing union officers.
When a Strike Is Not Illegal: The "Knowingly Participates" Rule in Labor Law
A strike notice without the employer's counter-proposal is not defective if none exists. Automatic dismissal of union officers requires knowing participation in an illegal strike.
Reconstitution of Title in the Philippines: Strict Compliance and Proof of Ownership
Philippine Supreme Court explains strict requirements for judicial reconstitution of lost Torrens titles, including notice rules and proof of ownership.
Mortgagor's Stipulated Right to Notice Prevails in Foreclosure Proceedings
Supreme Court rules banks must honor contractual stipulations requiring personal notice to mortgagors before extrajudicial foreclosure, or risk nullifying the sale.
Redemption Rights: Why Written Notice From the Vendor Matters in Co-Ownership Sales
Philippine Supreme Court clarifies that the 30-day legal redemption period only starts upon written notice from the vendor, not from court decisions.
When Courts Can Take Judicial Notice of Industry Practice in Labor Disputes
Supreme Court clarifies judicial notice limits, independent contractor tests, and abandonment rules in South Davao Development Co. v. Gamo.
Upholding Due Process in Termination: Nominal Damages for Procedural Lapses
When dismissal has just cause but lacks due process, employers pay nominal damages. Learn the twin notice rule.
Notice of Lis Pendens: How It Affects Mortgagees and Subsequent Property Transactions
Learn how a notice of lis pendens binds mortgagees and buyers, and why a court order alone does not cancel it under Philippine law.
Good Faith and the Lis Pendens Rule: Lessons from Cunanan v. Jumping Jap Trading
A Supreme Court ruling shows why a cancelled notice of lis pendens does not always protect a mortgagee, and how bad faith can void a real estate mortgage.
When Can a Club Seize a Member's Share? The Valley Golf Case on By-Laws and Property Rights
A club cannot seize a fully paid membership share for unpaid dues without proper notice and hearing, says the Supreme Court.
When a Club Can’t Sell Your Share: Valley Golf and Membership Termination
A non-stock club cannot seize a fully-paid member’s share for unpaid dues without proper notice and hearing. Learn the rule.
Dismissal Due Process: Employee Rights to Notice and Hearing Before Termination
Philippine law requires two notices before dismissal, but a formal hearing is not always mandatory. Learn the rules.
Newspaper Circulation and Foreclosure: Ensuring Public Notice in Property Sales
Supreme Court nullifies foreclosure sale because notice was published in a newspaper not circulated in the city where the property was located.
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.
SPV Law Notice Requirements: Protecting Debtor Rights in Asset Transfers
Learn how the SPV Law's notice requirements protect debtors when banks transfer non-performing loans to special purpose vehicles.
Retrenchment Requisites: When Economic Downturn Does Not Justify Dismissal
Philippine Supreme Court clarifies the strict requisites for valid retrenchment, including proof of losses and 30-day notice rules.
Due Process and Arrest Warrants: Notice Requirements in Summary Procedure Cases
When can a court issue an arrest warrant in summary procedure cases? The Supreme Court clarifies the notice requirement and due process rules.
Due Process Prevails: Officer Unfairly Dismissed Is Ordered Reinstated
The Supreme Court reinstates a police officer dismissed without notice, affirming that due process is essential in administrative proceedings.