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 211 articles for dismissal

Job Offer Accepted but Withdrawn Before Start Date: The Aragones Ruling on Perfected Employment Contracts

A job offer accepted is a perfected employment contract. Learn the Supreme Court's ruling in Aragones v. Alltech and what it means for employers and employees.

COA’s Limited Role in Enforcing Final Court Judgments on Government Liabilities

The Supreme Court clarifies that COA cannot determine funding sources for final judgments, ensuring government obligations are honored without delay.

Foreign Land Ownership Ban Upheld: Supreme Court Voids Dummy Arrangements

The Supreme Court voids a German citizen's dummy land purchase, reaffirming the constitutional ban on foreign land ownership in the Philippines.

Conditional Sale vs. Contract to Sell: A Supreme Court Ruling on Ownership, Breach, and Forum Shopping

The Supreme Court clarifies when a "conditional sale" is really a contract to sell, and warns against forum shopping in property disputes.

Reinstatement Wages After Illegal Dismissal: The 'Final Reversal' Rule Explained

When must employers pay reinstatement wages after an illegal dismissal ruling? The Supreme Court clarifies the "final reversal" rule in Del Monte Land Transport.

Mandamus and Retirement Benefits: How Government Employees Can Enforce Their Rights

Learn how mandamus can compel government agencies to release delayed retirement benefits, based on a recent Supreme Court ruling.

When Can You Amend a Labor Complaint? NLRC Rules Explained

Learn the strict NLRC rule on amending labor complaints before the position paper, based on a 2024 Supreme Court ruling.

Labor-Only Contracting in the Philippines: Employer Liability and Worker Rights

Understand labor-only contracting in the Philippines, when a principal becomes the true employer, and key lessons from a recent Supreme Court ruling.

Presidential Approval Required for PCAB Rules: Cooperative Licensing Case

Supreme Court ruling: PCAB regulations on contractor licensing need presidential approval, protecting construction cooperatives from forced incorporation.

Sheriff’s Abuse of Authority: Protecting Your Property Rights in the Philippines

Learn the limits of a sheriff’s authority under Rule 39 and how the Supreme Court protects property rights in Ignacio v. Balading.

Floating Status in Philippine Labor Law: When Suspension Becomes Illegal Dismissal

Learn when an employee's floating status becomes illegal dismissal under Philippine law, based on a 2024 Supreme Court ruling.

Inordinate Delay in Administrative Cases: The Right to Speedy Disposition After Llevares

Explore how the Supreme Court's Llevares ruling protects public officials from inordinate delay in administrative cases, and what this means for your rights.

Serious Misconduct and Employee Dismissal in the Philippines: What Employers Must Prove

Philippine law requires wrongful intent, not just a mistake, to dismiss an employee for serious misconduct. Learn what employers must prove.

Speedy Disposition of Cases: When Delays Lead to Dismissal in the Philippines

Learn how the Supreme Court protects the right to speedy disposition of cases, and when unreasonable delays can lead to dismissal of criminal charges.

Human Trafficking vs. Child Pornography: Key Distinctions Under Philippine Law

The Supreme Court clarifies that human trafficking and child pornography are distinct offenses, each with separate elements and penalties under Philippine law.

Case-Fixing in the Ombudsman: When Dishonesty Leads to Dismissal from Service

The Supreme Court affirms that case-fixing in the Ombudsman warrants dismissal, clarifying the standards of conduct for public servants.

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.

Independent Contractor vs. Employee: The Control Test in Philippine Labor Law

The Supreme Court clarifies when a "freelancer" is really a regular employee under Philippine labor law, using the control test.

Third-Party Claims in Labor Disputes: Protecting Assets from Wrongful Levy

Learn how the Supreme Court protects third-party asset owners from wrongful levy in labor dispute executions, and the proper remedies available.

Motion to Withdraw Information: When Courts Must Assess Evidence Before Dismissal

Courts must independently assess evidence before granting a motion to withdraw information. Learn the rules from a recent Sandiganbayan case.

Behest Loans in the Philippines: Understanding Anti-Graft Law and Due Diligence

Learn how Philippine courts define behest loans, the role of RA 3019, and why loan repayment does not erase potential graft liability.

Double Jeopardy in the Philippines: When an Acquittal Becomes Final

Philippine law protects acquitted persons from retrial through double jeopardy. Learn the rule, its narrow exceptions, and key case law.

Grave Misconduct vs. Simple Neglect: When Can Philippine Officials Be Dismissed?

The Supreme Court clarifies when a public official may be dismissed for grave misconduct and how substantial evidence shapes administrative cases.

Notarizing Without a Commission: Supreme Court Discipline for Lawyers

Learn the disciplinary consequences for Philippine lawyers who notarize documents without a valid commission, based on a recent Supreme Court ruling.