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 117 of 17 articles for confidential employee

Navigating Employment Status: Contract of Service vs Regular Employment in the Philippines

The Supreme Court clarifies when workers in government-owned corporations are contract of service workers, not regular employees entitled to security of tenure.

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.

Understanding CNA Benefits: Who Qualifies and the Consequences of Misallocation

The Supreme Court clarifies CNA incentive eligibility and the liability for granting benefits to non-qualified employees.

Navigating Employee Incentives Understanding THE Limits OF Government Agency Compensation Powers

The Supreme Court affirms COA's disallowance of CNA incentives given to non-rank-and-file SSS employees, clarifying limits on agency compensation powers.

Nepotism in Government Appointments: Abstention Is Not a Cure

The Supreme Court rules that a commissioner's abstention from voting does not cure a nepotistic appointment in the Civil Service Commission v. Cortes case.

Defining Rank-and-File Union Membership Eligibility in the Philippines

A 2010 Supreme Court ruling clarifies when employees are confidential and excluded from rank-and-file bargaining units, and what constitutes unfair labor practice.

Defining Confidential Employees: Balancing Labor Rights and Management Prerogatives in Collective Bargaining

Supreme Court ruling on confidential employees in bargaining units and acting capacity pay, balancing labor rights with management prerogatives.

Certiorari vs Appeal: Choosing the Right Path for Legal Review in the Philippines

Learn when to file a petition for certiorari versus an appeal under Rule 45, explained through a Philippine Supreme Court labor case.

Breach of Confidence When Employee Loyalty Fades Termination MAY BE Justified

When can an employer validly dismiss a confidential employee for breach of trust? The Supreme Court explains the rules in Divine Word College v. Aurelio.

When Can Loss of Trust Justify Employee Dismissal in Philippine Labor Law

Loss of trust justifies dismissal only for positions of confidence and must rest on substantial evidence, not mere suspicion.

Dismissal vs Proportionality: Employee Rights in Philippine Labor Law

When is dismissal too harsh a penalty for employee misconduct? The Supreme Court explains the rule of proportionality in labor cases.

Security of Tenure vs. Loss of Trust: Defining Confidential Employees at PAGCOR

Supreme Court ruling on PAGCOR employees' security of tenure, confidential positions, and loss of trust and confidence as grounds for dismissal.

Deputy Ombudsman Impeachment Limits Clarified by Supreme Court

The Supreme Court clarifies that Deputy Ombudsmen are not impeachable officers, settling a long-standing constitutional question.

Check Fraud and Bank Liability: Lessons from Ford Philippines vs. Citibank and PCIBank

Philippine Supreme Court ruling on bank liability for fraudulently negotiated checks, crossing, due diligence, and comparative negligence.

Proportionality in Employee Discipline: When Dismissal Is Too Harsh in the Philippines

Philippine labor law requires penalties to fit the offense. Learn when dismissal is disproportionate and how the Supreme Court applies this rule.

Defining Confidential Employees: Union Membership and Collective Bargaining Rights in the Philippines

Supreme Court clarifies who qualifies as a confidential employee barred from union membership, and how bargaining units are determined.

Confidential Employees and Security of Tenure: What PAGCOR v. Salas Teaches

The Supreme Court clarifies that a position's actual functions, not its legal label, determine if an employee is truly confidential.