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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Duty to Bargain Union Representation Despite Pending Cancellation Proceedings
Philippine Supreme Court rules on duty to bargain despite pending union cancellation, labor-only contracting, and illegal dismissal.
Wage Deductions VS Post Employment Claims Protecting Employee Rights
Learn how the Supreme Court protects employee rights in wage deductions, labor-only contracting, and illegal dismissal cases under Philippine law.
Regular Employment vs Consultancy: Defining the Line in Illegal Dismissal Cases
A consultant labeled regular employee: how control and supervision define employment status in illegal dismissal cases under Philippine law.
Strained Relations in Employment: Separation Pay as an Alternative to Reinstatement
Philippine Supreme Court ruling on illegal dismissal, due process, and when separation pay replaces reinstatement due to strained relations.
Illegal Dismissal: Employer Must Prove Just Cause AND Due Process in Termination
Philippine Supreme Court clarifies that terminating an employee requires both substantive and procedural due process; failure in either makes dismissal illegal.
Defining the Power of Control in Labor Disputes: The Legend Hotel Case
When is a hotel pianist an employee, not an independent talent? The Supreme Court clarifies the control test in illegal dismissal cases.
Shifting Legal Theories in Employer-Employee Disputes: Lessons from Duty Free Philippines v. Tria
Supreme Court ruling on when employers can change legal theories in illegal dismissal cases and the burden of proof for just cause.
Illegal Dismissal in the Philippines: When Loss of Trust and Confidence Doesn't Justify Termination
Philippine Supreme Court clarifies that loss of trust and confidence requires willful breach by employee; poor sales performance alone is not enough.
Prescription Period for Illegal Dismissal: The 4-Year Rule in Philippine Labor Law
Illegal dismissal claims prescribe in four years, not three. Learn the rule and how refiling a case interrupts prescription.
When a General Manager Is Not a Corporate Officer: Jurisdiction Over Illegal Dismissal Claims
The Supreme Court clarifies when a corporate officer is really an employee, and who has jurisdiction over dismissal disputes.
When Strikes Go Wrong: Illegal Dismissals and Union Security Clauses in the Philippines
Learn when terminating employees for union disloyalty is illegal, based on a Philippine Supreme Court ruling on certification elections and union security.
Illegal Dismissal vs Abandonment: Supreme Court Clarifies Employer's Burden of Proof
The Supreme Court clarifies the burden of proof in illegal dismissal cases and what constitutes abandonment of work.
Loss of Trust and Confidence as Just Cause for Dismissal: The Coca-Cola Export Corporation v. Gacayan Case
Supreme Court clarifies that loss of trust and confidence can justify dismissing non-managerial employees holding positions of responsibility, reversing an illegal dismissal ruling.
OFW Illegal Dismissal: Full Back Pay for Unexpired Contract After Yap v. Thenamaris
Learn how the Supreme Court awarded an OFW full salaries for the unexpired contract after illegal dismissal, applying the Serrano ruling.
Constructive Dismissal and Optional Retirement: The Ondevilla Case
The Supreme Court clarifies constructive dismissal, optional retirement age, and separation pay in illegal dismissal cases involving managerial employees.
Probationary Employment in the Philippines: Standards for Regularization and Illegal Dismissal
A general manager dismissed during probation won his illegal dismissal case because his employer failed to set reasonable standards for regularization.
Loss of Trust Without Proof: Navigating Illegal Dismissal in the Philippines
Philippine Supreme Court clarifies that loss of trust and confidence requires clear evidence, not mere suspicion, to justify employee dismissal.
Illegal Dismissal in the Philippines: Burden of Proof and Just Cause Explained
The Supreme Court explains the burden of proof in illegal dismissal cases and when loss of trust and confidence is a valid just cause.
Security of Tenure Prevails: Illegal Dismissal and the Employer's Burden of Proof
When an employer claims abandonment or habitual absenteeism, it bears the burden of proof. This case explains why.
Burden of Proof in Illegal Dismissal Cases: Establishing the Fact of Dismissal First
In illegal dismissal cases, employees must first prove the fact of dismissal before the burden shifts to the employer. Exodus v. Biscocho explains this rule.
Finality of Judgment in Illegal Dismissal Cases: Solidary Liability and Employer-Employee Relationship
Explore the Supreme Court ruling on finality of judgment, solidary liability, and employer-employee relationships in illegal dismissal cases.
When Illegal Dismissal Claims of Probationary Employees Fall Outside DARAB Jurisdiction: Del Monte Philippines
The Supreme Court clarifies DARAB jurisdiction over agrarian disputes, distinguishing recovery of possession cases from tenurial controversies under RA 6657.
Intra-Corporate vs Illegal Dismissal: Where to File Your Case
Learn when a dismissal case is intra-corporate or a labor dispute, and which forum has jurisdiction, based on a 2011 Supreme Court ruling.
Retrenchment in the Philippines: Employee Rights and Employer Obligations
A Supreme Court ruling shows what employers must prove before retrenching staff, and why a signed quitclaim does not always bar an illegal dismissal case.