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 30 articles for strike

Supreme Court Upholds CIAC Jurisdiction, Strikes Down 14-Day Arbitration Limit in Government Contracts

Supreme Court affirms CIAC jurisdiction over government construction disputes and voids unreasonably short 14-day arbitration periods as contrary to public policy.

Solidary Liability and Interest Rates in Philippine Partnerships: Key Lessons from a Supreme Court Ruling

A look at a Supreme Court ruling on solidary liability, novation, and unconscionable interest rates in business loans and partnerships.

Indispensable Parties in Labor Cases: Lessons from TESDA v. Abragar

Learn why impleading all indispensable parties is critical in labor disputes, based on the Supreme Court's ruling in TESDA v. Abragar.

Backwages After a Return-to-Work Order: Lessons from ALECO v. ALEO

A Supreme Court ruling clarifies when backwages are due after the Labor Secretary assumes jurisdiction over a strike and issues a return-to-work order.

Taming Unconscionable Interest: Reassessing Loan Obligations and Attorney's Fees in Philippine Law

The Supreme Court clarifies how courts temper unconscionable loan interest rates and when attorney's fees may be awarded in foreclosure cases.

Illegal Slowdowns and Union Officer Dismissal: The Polyson Case

The Supreme Court clarifies when a work slowdown becomes an illegal strike and justifies dismissal of union officers under Philippine labor law.

Good Faith in Collective Bargaining: Philippine Rule on Fair Labor Practices

Philippine Supreme Court clarifies good faith bargaining duties, unfair labor practice, and when strikes are justified in CBA negotiations.

Local Autonomy vs National Interest: Can Congress Override Local Taxing Power

The Supreme Court strikes down RA 9167 provisions that diverted local amusement taxes to a national agency, affirming local fiscal autonomy.

Finality of Judgments: The Binding Effect of Unchallenged Court Orders

A Supreme Court ruling on how an unchallenged labor decision becomes final, binding, and bars re-litigation of the same issues.

Reinstatement With Backwages for Employees Excluded From Illegal Strike Charges

Philippine Supreme Court clarifies that workers not charged with illegal strike cannot be treated as in pari delicto and must get backwages.

Accountability in Public Office: Understanding Malversation of Public Funds in the Philippines

The Supreme Court explains the elements of malversation of public funds and why restitution does not erase criminal liability for accountable officers.

Citizenship Disputes and Electoral Timelines: Gonzalez v. COMELEC on Disqualification Petitions

The Supreme Court clarifies the distinction between disqualification and cancellation of COC petitions, and the strict 25-day filing period under the election code.

Incomplete Witness Testimony: When Death Before Cross-Examination Makes Evidence Inadmissible

Philippine courts generally strike out a witness's direct testimony if the opposing party never gets to cross-examine. Dela Cruz v. Papa explains why.

Illegal Strikes and Reinstatement: Balancing Rights and Responsibilities in Labor Disputes

Philippine law on illegal strikes and reinstatement: what workers and employers must know about protected concerted activity and its limits.

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.

Estafa by False Pretenses: Proving Fraud Beyond Reasonable Doubt in the Philippines

Learn how Philippine courts prove estafa by false pretenses, using the Rizza Lao case to explain the elements, burden of proof, and penalties.

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.

Balancing Infant Health and Commercial Freedom: Limits on Restricting Breast Milk Substitute Ads

The Supreme Court struck down parts of the DOH's 2006 rules banning breast milk substitute ads, ruling the agency exceeded the Milk Code.

Welga ng Bayan and Illegal Work Stoppage: What Philippine Employees Should Know

Joining a welga ng bayan without notice can be an illegal work stoppage. Learn the rules from the Biflex case.

Reconstitution of Lost Titles: Supreme Court Clarifies Evidence Rules in Faustino Co Shu Kiam v. Republic

The Supreme Court clarifies the rules on judicial reconstitution of lost certificates of title, emphasizing that strict evidentiary standards must yield to practical realities.

Strikes and Due Process: Balancing Labor Rights and Employer Prerogatives in the Philippines

Explore how Philippine labor law balances workers' right to strike against employer prerogatives, with due process at the core.

Estafa vs. Breach of Contract: When a Failed Deal Is Not a Crime

Philippine Supreme Court ruling clarifies when failure to deliver goods after advance payment is civil breach, not criminal estafa.

Vague Dates in Rape Informations: When Approximate Time Is Enough

Philippine Supreme Court ruling on whether vague dates in rape informations violate the accused's right to be informed, and why approximate time suffices.

Motion for Reconsideration Under Summary Procedure: The Lucas Doctrine

When can a litigant file a motion for reconsideration under summary procedure? The Supreme Court clarifies the exception for dismissal orders.