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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Constructive Dismissal VS Loss OF Trust Clarifying Employers Rights IN Terminating A Managerial Employee
Certiorari Dismissal: The Strict Requirements for Filing Petitions in Philippine Courts
The Supreme Court affirms that certiorari petitions must attach certified true copies of assailed orders—mere xerox copies will lead to dismissal.
Dismissal vs Compassion: Balancing Employee Misconduct and Employment Security
The Supreme Court ruled that dismissal was too harsh for an employee's lapses during family crises, affirming that compassion tempers discipline.
Union Security vs Due Process: Balancing Rights in Employee Dismissal
Philippine Supreme Court ruling on when a union security clause justifies dismissal and what due process employers must observe.
Habitual Tardiness and Overtime Refusal: When Dismissal Is Valid but Due Process Still Matters
Philippine Supreme Court ruling on valid dismissal for habitual tardiness and overtime refusal, and the price of skipping procedural due process.
Tardiness, Insubordination, and Due Process: Balancing Grounds for Valid Dismissal
Philippine Supreme Court clarifies when habitual tardiness and insubordination justify dismissal, and what procedural due process truly requires.
Litis Pendentia Dismissal Reversed: Lack of Identical Parties and Causes of Action
Supreme Court clarifies litis pendentia elements, reversing a dismissal for lack of identical parties and causes of action.
When Courts Won't Second-Guess the Ombudsman's Dismissal of Graft Complaints
The Supreme Court affirms the Ombudsman's wide discretion in dismissing graft complaints, limiting judicial review to grave abuse of discretion.
Certiorari Dismissed Untimely Appeals AND THE Finality OF Judgments
Explore how the Supreme Court upheld the dismissal of a Rule 65 petition, reinforcing the finality of judgments and the limits of certiorari.
Demurrer to Evidence: Insufficient Proof in Customs and Anti-Graft Cases Leads to Dismissal
When prosecution evidence fails to establish a prima facie case, a demurrer to evidence may lead to dismissal. The Supreme Court explains.
Misconduct and Retirement Benefits: Grounds for Employee Dismissal in the Philippines
Court clerk’s gross misconduct leads to forfeited retirement benefits, explaining dismissal grounds and why resignation doesn't erase liability.
Safeguarding Public Funds: Due Process in Ombudsman Cases for Misconduct and Dishonesty
Explaining when a formal investigation is required in Ombudsman administrative cases and the due process rights of public officers facing dismissal.
Moral Conduct on Trial: Upholding Ethical Standards in the Judiciary
Court personnel face dismissal for immoral conduct. This case shows why private morality matters for public trust in the judiciary.
Absence Due to Unjustified Detention: Employee Protection Against Illegal Dismissal
Philippine Supreme Court ruling on when an employee's absence due to detention does not constitute abandonment, protecting workers from illegal dismissal.
Detention and Absences: When Prolonged AWOL Is Not Abandonment
Philippine Supreme Court ruling on when an employee's prolonged absence due to detention does not constitute abandonment, and the limits of dismissal.
When Absence Leads TO Dismissal Upholding Accountability IN Public Service
Abandonment vs Constructive Dismissal: Protecting Employee Rights in the Philippines
Philippine Supreme Court clarifies the fine line between abandonment and constructive dismissal, and what employers must prove to justify termination.
Falsified Documents and Probable Cause: When Groundless Charges Must Be Stopped
The Supreme Court ruled that bare allegations of forgery cannot support probable cause, and ordered the dismissal of criminal charges against bank officers.
Forum Shopping Dismissal of Land Registration Application Over Larger Properties
When does opposing a land registration application become forum shopping? The Supreme Court clarifies the rule in Calinisan v. Court of Appeals.
OFW Rights and the Employer's Burden of Proof in Illegal Dismissal Cases
Learn how Philippine courts protect overseas Filipino workers, and why employers carry the burden of proof in illegal dismissal cases.
Court Employee Dismissed for Grave Misconduct and Dishonesty in Fee Collection
Supreme Court affirms dismissal of clerk of court found guilty of grave misconduct and dishonesty for overcharging fees and misappropriating court funds.
Dismissal Disputes: Why Procedural Compliance and Employer Accountability Matter
Learn how Philippine courts decide illegal dismissal cases, the burden of proof, and why employees must prove dismissal first.
Strikes and Employee Rights: Understanding the Limits of Union Activities in the Philippines
Philippine Supreme Court ruling on illegal dismissal, union busting, corporate veil piercing, and quitclaims in labor disputes.
Breach of Trust: Dismissal for Dishonesty and Grave Misconduct in Public Service
Court clerk dismissed for overcharging fees and pocketing collections. Learn the rules on dishonesty and grave misconduct.