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 71 articles for right to security

Prescription in Tax Assessments: Waivers Must Be Strictly Compliant for Validity

Waivers of the tax prescription period are strictly construed. Missing the BIR's date of acceptance voids them, and assessments without due dates fail.

Redundancy in Philippine Employment: When a Valid Termination Becomes Illegal Dismissal

Learn when redundancy is valid in Philippine labor law, and how the Supreme Court protects employees from illegal dismissal disguised as redundancy.

Constructive Dismissal: When Management Prerogative Crosses the Line

Learn when employer actions amount to constructive dismissal and when they are valid management prerogative, based on a Philippine Supreme Court ruling.

Reinstatement in Illegal Dismissal: The Strained Relations Doctrine Explained

Illegal dismissal entitles workers to reinstatement and backwages. The strained relations doctrine is a narrow exception—learn how courts apply it.

Regular vs Project Employee: When Rehiring Without a Fixed Term Creates Security of Tenure

Philippine Supreme Court clarifies when a project employee becomes regular, securing tenure and protection from illegal dismissal.

Security of Tenure vs Qualification Standards Resolving Employment Disputes in Philippine Higher Education

Supreme Court clarifies retirement age rules, security of tenure, and CBA benefits for managerial employees in Philippine schools.

Fixed-Term Contracts vs Security of Tenure: Protecting Employee Rights in the Philippines

The Supreme Court clarifies when fixed-term employment contracts are valid and when they violate an employee's security of tenure under Philippine law.

Constructive Dismissal: When a "Voluntary" Resignation Is Not Voluntary at All

The Supreme Court clarifies when a signed resignation letter is actually constructive dismissal, protecting employees from forced resignations disguised as voluntary acts.

Prescription in Tax Assessment: Taxpayers' Right to a Timely Assessment

When does the BIR lose its right to assess taxes? The Supreme Court clarifies prescription rules and valid waivers in CIR v. BPI.

When Probationary Employment Becomes Regular: The Umali v. Hobbywing Rule

Explore when a probationary employee becomes regular by operation of law, based on the Supreme Court's ruling in Umali v. Hobbywing Solutions.

Forced Resignation: When a "Voluntary" Resignation Is Really Illegal Dismissal

Philippine Supreme Court clarifies when a resignation is forced and amounts to illegal dismissal, protecting employees from undue influence.

Security of Tenure for OFWs: Why Illegal Dismissal and Void Contracts Matter

A Supreme Court ruling affirms that overseas Filipino workers enjoy security of tenure, and contracts violating this right are void.

Corporate Mergers and Employee Rights: Understanding Job Security in the Philippines

Philippine Supreme Court rules that corporate mergers do not terminate employees' jobs; absorbed workers continue employment with the surviving corporation.

Security of Tenure vs Management Prerogative: Balancing Rights in Security Agency Employment

Philippine Supreme Court ruling on the balance between security of tenure and management prerogative in security agency employment.

Optional Retirement Requires Employee's Explicit Consent: A Guide to Article 302 of the Labor Code

The Supreme Court clarifies that optional retirement before age 65 requires the employee's explicit, voluntary consent; otherwise, it is illegal dismissal.

Retaliatory Dismissal: Protecting Employees Who Assert Their Rights

The Supreme Court affirms that firing workers for filing labor complaints violates security of tenure and constitutes illegal dismissal.

Government Reorganization: Security of Tenure vs Legislative Authority

Explaining the Supreme Court ruling on ATO abolition, hold-over status, and security of tenure in government reorganizations.

Termination Due to Illness in the Philippines: Balancing Employer Rights and Employee Protection

The Supreme Court clarifies when employers may validly terminate employees due to disease, and the procedural due process required under Philippine labor law.

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.

Business Closure vs Illegal Dismissal: Navigating Employee Rights in the Philippines

When is a resignation forced? Learn how Philippine labor law distinguishes voluntary resignation from illegal dismissal, based on a Supreme Court ruling.

Constructive Dismissal: When Forced Resignation and Unpaid Wages Become Illegal Termination

Philippine Supreme Court ruling on constructive dismissal when an employer withholds work assignments to force resignation, and procedural rules that protect labor.

The Writ of Amparo and Enforced Disappearances: Accountability Beyond Criminal Guilt

The Supreme Court clarifies the writ of amparo's preventive and curative roles in enforced disappearance cases, emphasizing the duty to investigate.

Retrenchment Validity: Balancing Employer Prerogative and Employee Security of Tenure

The Supreme Court clarifies the requisites for valid retrenchment and when quitclaims bar illegal dismissal claims in Pepsi-Cola v. Molon.

Redundancy Programs Balancing Business Needs AND Employee Rights IN THE Philippines

Understand Philippine redundancy rules through Morales v. Metrobank: valid termination requires good faith, fair criteria, proper notice, and separation pay.