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 39 articles for separation benefits

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.

Separation Pay Calculations in Government Agencies: Insights from a Recent Supreme Court Ruling

The Supreme Court clarifies when rounding off length of service for separation pay is illegal in government agencies, and who is liable for refunds.

Navigating the Fine Line: Gross Inexcusable Negligence in Public Office

The Supreme Court clarifies when a public officer's acts amount to gross inexcusable negligence under the Anti-Graft Law, using a sequestered corporation case.

Separation Pay Tax Exemption: Insights from a Landmark Philippine Supreme Court Ruling

Learn how the Supreme Court clarified that separation pay from redundancy is tax-exempt, even when computed using a retirement plan formula.

Disallowance of Separation Benefits When Contractual Status Impacts Entitlement

Supreme Court affirms COA disallowance of separation pay for period when employee was contractual, but excuses good-faith refund.

State's Right to Recover Public Funds: Prescription Does Not Run Against the Government

Supreme Court rules the government's right to recover illegally disbursed public funds does not prescribe, but limits COA's power over tax collection.

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.

Accountability in Public Service: Internal Auditors' Duty to Prevent Misuse of Funds

Supreme Court ruling on internal auditors' liability for government fund losses, explaining due diligence standards under COA rules.

Illegal Dismissal: Computing Separation Pay and Backwages Using Gross Monthly Pay

The Supreme Court clarifies how to compute separation pay and backwages for illegally dismissed employees, using gross monthly pay, inclusive of allowances and benefits.

Stare Decisis in Retrenchment Cases: When Prior Rulings Bind Similar Claims

The Supreme Court applies stare decisis to deny reconsideration in a retrenchment case, affirming that identical issues and parties with common interest are bound by prior rulings.

Upholding Employee Rights NPC Employees Entitled TO Separation PAY Despite Corporate Restructuring

Supreme Court rules NPC illegally dismissed employees entitled to separation pay, backwages despite corporate restructuring under EPIRA.

Closure Due to Serious Losses: When Separation Pay Is Not Required

Philippine Supreme Court clarifies when business closure due to serious losses exempts employers from separation pay, but still requires proper notice.

Business Closure vs Retrenchment: Protecting Workers' Rights in the Philippines

The Supreme Court clarifies the difference between business closure and retrenchment under Philippine labor law, and when separation pay is required.

Upholding Attorney Accountability Neglect IN Filing Appellants Brief Leads TO Suspension

A look at Zuellig Freight v. NLRC on corporate name changes, illegal dismissal, and attorney's fees.

When Can Courts Dismiss a Case for Failure to Prosecute? A Land Registration Lesson

The Supreme Court clarifies the limited grounds for dismissing a case for failure to prosecute, using a land registration dispute as the backdrop.

Upholding Public Land Rights: The State's Power Over Inalienable Territories

The Supreme Court reaffirms that titles over inalienable public land are void, even in the hands of innocent purchasers for value.

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.

Breach of Trust Dismissal for Mismanaging Court Funds in the Philippines

A Supreme Court ruling shows why clerks of court face dismissal for mishandling judiciary funds, with lessons for all accountable officers.

Double Dipping Denied: Separation Pay vs Retirement Benefits in Government Restructuring

Supreme Court rules NPC employees who received separation pay under EPIRA cannot also claim retirement benefits under CA 186, as amended.

Resignation vs Retrenchment: When Are Retirement Benefits Required?

Supreme Court clarifies when resigned employees can claim retirement benefits, distinguishing voluntary resignation from retrenchment in Kimberly-Clark case.

Voluntary Retirement vs Illegal Dismissal: Employee Rights in Downsizing

When does a retirement package become a forced exit? The Supreme Court clarifies the thin line between voluntary retirement and illegal dismissal.

Upholding Land Titles: The Limits of Reconveyance Based on Alleged Fraud in Free Patent Applications

The Supreme Court clarifies when a free patent title becomes indefeasible and why mere allegations of fraud cannot defeat a Torrens title.

Resignation With Assurance: Enforceability of Separation Pay Agreements in Voluntary Resignations

Philippine Supreme Court ruling on when a voluntary resignation with a promised separation pay creates an enforceable obligation on the employer.

Retrenchment Balancing Employer Rights AND Employee Protection During Economic Downturns

The Supreme Court clarifies when retrenchment is valid, what criteria employers may use, and what employees can expect during economic downturns.