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 124 of 27 articles for business losses

Retrenchment in the Philippines: Proving Business Losses Under Article 298

Retrenchment is legal only if employers prove serious, ongoing losses. The Philphos case shows what evidence courts require.

OFW Illegal Dismissal: Philippine Labor Laws Protect Workers Abroad

Philippine labor laws protect OFWs from illegal dismissal, even abroad. Learn the rules on retrenchment, due process, and remedies.

Redundancy and Management Prerogative: Balancing Business Needs and Employee Rights in Terminations

The Supreme Court clarifies when redundancy is a valid ground for dismissal and what employers must prove to avoid illegal dismissal claims.

Determining Employee Status: The Fine Line Between Employment and Partnership in Philippine Law

The Supreme Court clarifies when workers are employees, not partners, and the legal consequences for dismissal in the Philippines.

Understanding Illegal Dismissal When Mistakes Dont Justify Firing

Philippine Supreme Court clarifies when retrenchment is illegal dismissal, requiring proof of losses and fair selection criteria.

Business Closure and Employee Rights: The Supreme Court's Stance on Good Faith

Understand the Supreme Court's ruling on business closure, employee rights, and the critical role of good faith in labor disputes.

Timely Filing of Motions: Why Service on Counsel Matters in Philippine Courts

Learn how the Supreme Court clarified that notice to counsel, not the party, determines the timeliness of motions in Philippine litigation.

Property Rights vs Public Use: Resolving Road Access Disputes

When can a government hospital close a road on its titled property? The Supreme Court clarifies the limits of preliminary injunctions in access disputes.

When Business Closure Is Valid: Employer Prerogative vs. Employee Security

The Supreme Court explains when a company may validly close operations and terminate employees, and how workers can challenge the closure.

Redundancy vs Retrenchment: Protecting Employees From Illegal Dismissal

The Supreme Court clarifies the distinction between redundancy and retrenchment, and the rules employers must follow to avoid illegal dismissal.

When Business Downturns Lead to Employee Layoffs: Understanding Retrenchment Under Philippine Law

Learn the legal rules on retrenchment in the Philippines, including valid grounds, procedural requirements, and worker protections.

Grave Abuse of Discretion Standard in Sandiganbayan Certiorari Petitions

Explore how the Supreme Court defined grave abuse of discretion in certiorari petitions against the Sandiganbayan, citing the Barrera market stall case.

Abuse of Rights in Philippine Law: When Filing Complaints Is Not a Basis for Damages

The Supreme Court clarifies the abuse of rights principle, ruling that filing labor complaints and seeking government action without malice is not actionable.

When Farm Closures Trigger Separation Pay: Elcee Farms v. NLRC

The Supreme Court clarifies when a farm closure or lease triggers separation pay and when corporate officers can be held personally liable.

Business Closure in the Philippines: Navigating Layoffs and Employee Rights During Financial Distress

Learn the rules on business closure in the Philippines, including separation pay, notice requirements, and employee rights when a company shuts down due to losses.

Illegal Dismissal: Abandonment Defense Fails, Backwages Still Due

Philippine Supreme Court ruling on illegal dismissal, abandonment defense, and the right to full backwages even when separation pay is awarded.

Retrenchment Rules in the Philippines: Proving Losses and Fair Selection

Philippine Supreme Court ruling on retrenchment: what employers must prove to validly dismiss employees due to business losses.

Quitclaims Are They Always a Bar to Future Claims? Tagle v. Court of Appeals

Quitclaims do not automatically bar labor claims. Know when waivers are valid and when courts will set them aside.

Due Process in Retrenchment: Balancing Employer Prerogative and Employee Rights

Philippine Supreme Court clarifies the distinction between just and authorized causes in dismissal, and the penalties for violating notice requirements.

When Final Judgments Can Be Modified: Supervening Events in Labor Cases

The Supreme Court explains when a final and executory reinstatement order may still be modified due to supervening events.

Ponzi Schemes and Investment Scams in the Philippines: Supreme Court Ruling on Large Scale Swindling and Estaf

The Supreme Court explains when a Ponzi scheme constitutes large scale swindling and estafa under Philippine law.

Jurisdictional Boundaries Resolving Employer Employee Damage Claims IN THE Philippines

Philippine Supreme Court clarifies that labor arbiters, not regular courts, have exclusive jurisdiction over employer damage claims arising from employment.

Unfounded Misconduct Claims: Protecting Public Servants From False Accusations

Learn how Philippine jurisprudence protects employees from baseless misconduct allegations and requires employers to prove just cause for dismissal.

Retrenchment Rules in the Philippines: When Business Losses Justify Employee Dismissal

Learn the strict rules for valid retrenchment in the Philippines, including proof of serious losses, notice requirements, and quitclaim limits.