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 193211 of 211 articles for dismissal

Motion for Reconsideration in NLRC Cases: A Jurisdictional Requirement, Not a Mere Technicality

Filing a Motion for Reconsideration with the NLRC is mandatory before seeking certiorari. Missing this step can be fatal to an otherwise meritorious case.

Rent-a-Car Liability in the Philippines: When Is the Owner Liable for Lessee’s Negligence?

Philippine Supreme Court ruling on when rent-a-car companies are liable for lessee negligence under quasi-delict and vicarious liability rules.

Volunteer or Employee? The Control Test in Philippine Labor Law

Learn how the control test determines employee status in the Philippines, using the landmark Filipinas Broadcasting v. NLRC case.

Employee vs. Partner in the Philippines: The Villaruel Case on Proof of Partnership

When is a worker an employee, not a partner? The Villaruel case clarifies the burden of proof and protects workers' labor rights.

Habitual Absenteeism of Government Employees: Penalties and Lessons from a Supreme Court Ruling

Habitual absenteeism is a grave offense for Philippine government employees. Learn the rules, penalties, and key lessons from a landmark Supreme Court case.

Docket Fees and Jurisdiction: Re-Filing a Case After Dismissal for Improper Venue

When a case is dismissed for improper venue, must new docket fees be paid upon re-filing? The Supreme Court clarifies the rule.

Motion for Reconsideration Deadlines in Labor Cases: The CEU Lesson

Learn how a missed Motion for Reconsideration deadline made a labor decision final and executory in Centro Escolar University v. NLRC.

Land Registration in the Philippines: Why Newspaper Publication Is Mandatory

Why newspaper publication is a mandatory requirement in Philippine land registration, and how failing to comply can invalidate your application.

Can Employers Ban Marriage? The Illegality of Anti-Marriage Policies in the Philippines

Philippine law bans anti-marriage policies for women. Learn the rules, the PT&T case, and what to do if dismissed for getting married.

Sheriff’s Fees in the Philippines: Rules, Limits, and the Abellera Case

Learn the legal limits on sheriff’s fees in the Philippines, the Abellera ruling on excessive charges, and practical safeguards for litigants.

DARAB Jurisdiction Explained: Filing Agrarian Disputes in the Philippines

Learn where to file agrarian disputes in the Philippines—DARAB vs. PARAD jurisdiction clarified under R.A. 6657 and the DARAB rules.

Contract Bar Rule Explained: Certification Elections and CBAs in the Philippines

Learn how the contract bar rule limits certification elections during a CBA's term, based on the Formey Plastic case.

Successor Liability in Philippine Labor Law: When New Owners Inherit Labor Obligations

Learn when a successor company inherits a predecessor's labor obligations under Philippine law, based on the Caliguia ruling.

Mental Incapacity as a Ground for Dismissal: The Alagaban Case and Due Process in Philippine Labor Law

Philippine law allows dismissal for mental incapacity, but only with strict due process. The Alagaban case shows how courts balance employee rights and workplace efficiency.

Failure of Election vs. Election Protest: Key Differences Explained

Learn the legal distinction between a failure of election and an election protest, based on the Supreme Court ruling in Borja vs. COMELEC.

Mandamus vs. Quo Warranto: Choosing the Right Remedy for Public Office Disputes

Learn when to file mandamus or quo warranto in Philippine law, and how the Supreme Court's ruling in Garces v. CA guides the choice.

Just Cause Termination for Workplace Fighting: The Royo Case and Due Process in the Philippines

When can an employer fire an employee for fighting? The Royo case clarifies serious misconduct as just cause and the due process required.

When Can an Employer Assign Tasks Outside Your Job Description? Philippine Labor Law

Philippine law limits management prerogative. Learn when an employer can assign tasks outside your job description and your rights.

Can a Judge Act as Notary Public? Limits on Judicial Notarization in the Philippines

Philippine judges may notarize documents only within official functions. Learn the limits, the Asis ruling, and practical compliance tips.