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.
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Upholding Attorneys Duty Ethical Limits IN Advocating FOR A Clients Cause
The Supreme Court clarifies that illegally dismissed employees who are not faultless may receive separation pay but no backwages.
Breach of Trust and Confidence: When Managerial Employees Lose Separation Pay
Philippine Supreme Court ruling on when loss of trust and confidence justifies termination and bars separation pay for managerial employees.
Illegal Strikes and Unfair Labor Practices: When Employee Remedies Survive
Philippine Supreme Court clarifies when employees who joined an illegal strike may still claim backwages and separation pay for unfair labor practices.
Retrenchment vs Retirement: When Separation Pay Bars Retirement Benefits
Philippine Supreme Court clarifies when retrenched employees can claim retirement benefits on top of separation pay under the Labor Code and CBA.
Early Retirement Requires Explicit Consent: SC Clarifies Optional Retirement Rules
SC rules an employee cannot be forced into early retirement without explicit consent, clarifying optional retirement and separation pay rules.
Separation Pay After Valid Dismissal: When Philippine Law Allows It
Philippine Supreme Court ruling on when separation pay may be granted to a validly dismissed employee for gross neglect of duty.
Business Closure Due to Fire: Employer Prerogative vs. Employee Rights
When fire destroys a business, can employees claim illegal dismissal? The Supreme Court explains the rules on closure and separation pay.
Backwages in Illegal Dismissal: When the Employer’s Obligation Ends
Backwages in illegal dismissal accrue until actual reinstatement or payment of separation pay, per Mt. Carmel College v. Resuena.
When Farm Closures Trigger Separation Pay: Elcee Farms v. NLRC
The Supreme Court clarifies when a farm closure or lease triggers separation pay and when corporate officers can be held personally liable.
Business Closure in the Philippines: Navigating Layoffs and Employee Rights During Financial Distress
Learn the rules on business closure in the Philippines, including separation pay, notice requirements, and employee rights when a company shuts down due to losses.
Illegal Dismissal: Abandonment Defense Fails, Backwages Still Due
Philippine Supreme Court ruling on illegal dismissal, abandonment defense, and the right to full backwages even when separation pay is awarded.
Illegal Dismissal Burden of Proof: Employer Must Substantiate Abandonment Claims
In Velasco v. NLRC, the Supreme Court clarified that employers bear the burden of proving abandonment in illegal dismissal cases, and that separation pay does not replace backwages.
Valid Retrenchment in the Philippines: When Can a Company Terminate Employees Due to Financial Losses
The Supreme Court explains the requirements for valid retrenchment due to financial losses, including notice, separation pay, and proof of losses.
Philippine Retrenchment Navigating Layoffs AND DUE Process TO Avoid Costly Labor Disputes
Understand Philippine retrenchment rules from TPI v. Cajucom: valid authorized cause, proper notice, and separation pay requirements.
Reinstatement Isn't Just an Order: Supreme Court Clarifies Employers' Backwage Obligations in Illegal Dismissa
Philippine Supreme Court ruling clarifies that an order to reinstate an illegally dismissed employee does not stop backwages from accruing until actual reinstatement or separation pay.
When Valid Dismissal Means No Separation Pay: Serious Misconduct Under Philippine Labor Law
Philippine Supreme Court rules on when validly dismissed employees lose separation pay due to serious misconduct under Article 282 of the Labor Code.
When Misconduct Means NO Separation PAY Understanding Employee Rights IN The Philippines
Philippine law on separation pay when an employee is dismissed for misconduct. Learn the rules and exceptions.
Illegal Dismissal and Optional Retirement: The Ondevilla Ruling on Employee Rights
Explaining the Supreme Court's ruling on constructive dismissal, optional retirement age, and separation pay in Ondevilla v. Colegio de San Juan de Letran.
When Floating Status Doesnt Guarantee Separation Pay: Employee Rights and Employer Obligations
Understand when floating status ends in separation pay claims. Learn the JPL Marketing ruling on 13th month pay and service incentive leave.
Reinstatement vs. Separation Pay: Upholding the Rights of Illegally Dismissed Employees
Illegal dismissal entitles workers to reinstatement and full back wages. Separation pay is only an alternative when strained relations are proven.
Reinstatement Prevails: An Employee's Right to Their Former Position After Illegal Dismissal
Philippine Supreme Court affirms that illegally dismissed employees have a right to reinstatement to their former position, not just separation pay.
CBA Separation Pay for Voluntary Resignation: When Contractual Stipulations Prevail
Philippine Supreme Court rules that a CBA can grant separation pay to voluntarily resigning employees, even if the Labor Code does not require it.
The Compassionate Exception: When Can a Lawfully Dismissed Employee Receive Separation Pay
Philippine law generally denies separation pay to employees dismissed for just cause, but a compassionate exception exists. Learn the rules.
Breach of Trust or Harsh Penalty: Separation Pay for Dismissed Acting Employees
Philippine law allows separation pay even for valid dismissal, except for serious misconduct or moral character issues. Learn the rules.