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 121 of 21 articles for discrimination

Rape vs. Sexual Abuse: When Force and Lack of Consent Elevates a Crime

A recent Supreme Court ruling clarifies when sexual acts with a minor constitute rape under the Revised Penal Code rather than sexual abuse under R.A. 7610.

Constructive Dismissal of OFWs: When Unbearable Work Conditions Amount to Illegal Termination

The Supreme Court clarifies when unbearable working conditions abroad amount to constructive dismissal of OFWs, entitling them to back wages and damages.

Qualified Rape and Moral Ascendancy: When Trust Becomes a Weapon

How moral ascendancy can substitute for force in rape cases, and why abusing a position of trust over a minor leads to qualified rape.

Child Abuse and Sexual Assault: Understanding Philippine Law and Protecting Children

The Supreme Court clarifies how Philippine law punishes child abuse and sexual assault, including key rules on evidence and penalties.

Lascivious Conduct Under RA 7610: The Magno Case Explained

The Supreme Court clarifies when touching a minor's private parts is lascivious conduct under RA 7610, citing the Magno case.

Lascivious Conduct Under RA 7610: The Trocio Case on Child Abuse

The Supreme Court clarifies what constitutes lascivious conduct under RA 7610, holding a doctor liable for abusing a minor patient.

Illegal Dismissal of Pregnant Employee: SPID Corp. v. Ballesteros Explained

The Supreme Court affirmed that dismissing a pregnant employee without substantial evidence is illegal, reinforcing due process in Philippine labor law.

Child Sexual Abuse Under RA 7610: Key Ruling on Section 5(b) vs. 10(a)

The Supreme Court clarifies when sexual abuse of a child falls under Section 5(b) rather than 10(a) of RA 7610, affecting penalties and prosecution.

Regular vs. Fixed-Term Employment: Key Lessons from Site for Eyes v. Daming

The Supreme Court ruled that repeated fixed-term contracts cannot defeat regular employment status. Learn the key lessons from this landmark case.

Lascivious Conduct Under RA 7610: What the Supreme Court Ruling Means

The Supreme Court upheld a conviction for lascivious conduct under RA 7610, clarifying how minors are protected from sexual abuse.

Teacher Misconduct and Child Abuse: When Dismissal Is Justified in the Philippines

When does teacher misconduct justify dismissal? The Supreme Court clarifies the limits of compassionate justice in child abuse cases.

Rape vs. Lascivious Conduct: Key Lessons from a Landmark Philippine Case

The Supreme Court clarifies when sexual acts against minors are rape or lascivious conduct under RA 7610.

Child Abuse Under RA 7610: Intent as the Key Element

The Supreme Court clarifies that intent to debase or degrade is essential to prove child abuse under RA 7610.

When a Transfer Is Not Constructive Dismissal: Management Prerogative in Labor Cases

The Supreme Court clarifies when an employee transfer is a valid exercise of management prerogative and not constructive dismissal.

Protecting Children Upholding Stiffer Penalties for Child Abuse Under R.A. 7610

The Supreme Court affirms a conviction for child abuse under R.A. 7610, clarifying that physical abuse of a child is penalized more heavily than ordinary physical injuries.

Willful Disobedience as Just Cause for Dismissal: A Cooperative Cashier's Case

Explore when an employee's repeated defiance of board resolutions justifies dismissal under Article 282 of the Labor Code.

Gender Equality in Retirement: Challenging Discriminatory Collective Bargaining Agreements

When can a flight attendant challenge a discriminatory retirement age in court? The Supreme Court clarifies jurisdiction over CBA provisions.

No-Spouse Policies in the Philippines: What the Star Paper Ruling Means

Philippine employers cannot enforce no-spouse rules without clear business necessity. The Star Paper ruling explains why.

Article 125 and the Proper Judicial Authority: Filing Before the MTC Stops the Detention Clock

Filing a complaint with the MTC counts as delivering a detainee to the proper judicial authority under Article 125, even without trial jurisdiction.

Unwritten Company Policy and Illegal Dismissal: The Bangloy Case

Can an employee be fired under an unwritten policy? The Bangloy case shows why written, communicated rules are vital in Philippine labor law.

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.