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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Retrenchment Proving Business Losses To Justify Employee Termination Under Philippine Law
Philippine Supreme Court clarifies the stringent standards employers must meet to validly retrench employees under Article 283 of the Labor Code.
Redundancy and Management Prerogative: Safeguarding Employee Rights in Corporate Restructuring
Philippine Supreme Court clarifies redundancy termination rules, management prerogative limits, and employee rights in corporate restructuring.
Sleeping on the Job: When Serious Misconduct Justifies Termination in the Philippines
Philippine Supreme Court ruling on when sleeping during work hours constitutes serious misconduct justifying termination under the Labor Code.
Abandonment vs Constructive Dismissal: Employer Duties and Employee Rights in Termination Disputes
Philippine Supreme Court clarifies the distinction between abandonment and constructive dismissal, and the burden of proof in illegal dismissal cases.
Forfeiture of Retirement Benefits for Serious Misconduct: Due Process in Termination Cases
Supreme Court ruling on when employers may forfeit retirement benefits for serious misconduct and what due process requires in termination.
Illegal Dismissal Termination Requires Proof of Voluntary Resignation
Employers claiming voluntary resignation must prove it; otherwise, dismissal is illegal and separation pay is due.
Redundancy Programs Employers Prerogative VS Employee Rights IN Termination
Breach of Trust and Confidence: Upholding Termination of Supervisory Employees in the Philippines
Philippine Supreme Court ruling on valid dismissal of supervisory employees for breach of trust and confidence in Coca-Cola Bottlers case.
Due Process vs Abandonment: Balancing Employee Rights in Termination Cases
Philippine Supreme Court clarifies that valid dismissal for abandonment still requires due process; employers must pay nominal damages for notice violations.
Gross Negligence and Employee Termination: When One Mistake Justifies Dismissal
Philippine Supreme Court clarifies when a single act of gross negligence can be a valid just cause for terminating a regular employee.
Upholding Due Process in Termination: Nominal Damages for Procedural Lapses
When dismissal has just cause but lacks due process, employers pay nominal damages. Learn the twin notice rule.
When a Dismissal for Breach of Trust Goes Too Far: Gulf Air v. Reyes
The Supreme Court ruled that not every company-rule violation justifies dismissal. In Gulf Air v. Reyes, an inadvertent breach led to suspension, not termination.
When a Club Can’t Sell Your Share: Valley Golf and Membership Termination
A non-stock club cannot seize a fully-paid member’s share for unpaid dues without proper notice and hearing. Learn the rule.
Membership Termination in Non-Stock Corporations: Safeguarding Property Rights
The Calatagan Golf Club case clarifies that non-stock corporations must strictly follow their own by-laws before terminating membership or selling shares.
Dismissal Due Process: Employee Rights to Notice and Hearing Before Termination
Philippine law requires two notices before dismissal, but a formal hearing is not always mandatory. Learn the rules.
Loss of Confidence in Philippine Labor Law: When Employers Must Prove Just Cause
Philippine Supreme Court clarifies when employers may dismiss for loss of confidence and what due process requires in termination cases.
Upholding Ethical Conduct When Court Employees Lie, Cheat, or Defraud
A Philippine Supreme Court ruling on dismissing employees for dishonesty and loss of trust, and what it means for due process in termination cases.
Strike Illegality and Termination: When Prior NLRC Findings Suffice
Prior NLRC ruling that strikers committed illegal acts makes a strike ipso facto illegal, allowing valid dismissal without a separate petition.
Burden of Proof in Illegal Dismissal: Why Employers Must Justify Termination
Philippine law places the burden of proof on employers in illegal dismissal cases. Learn the rules and practical takeaways.
Redundancy in Labor Law Justifying Employee Termination During Business Restructuring
Philippine Supreme Court clarifies when business restructuring justifies termination and how regular employment status is determined under the four-fold test.
Constructive Dismissal Defining Workplace Harassment AND Employer Rights
Learn when workplace harassment becomes constructive dismissal and how employers can defend termination decisions under Philippine law.
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.
Condonation vs Abandonment: Protecting Employee Rights in Termination Disputes
Understand the distinction between condonation and abandonment in Philippine labor law, and how courts protect employees' rights in termination disputes.
Breach of Trust and Termination: Balancing Employee Rights and Employer Authority
When can an employer validly dismiss a confidential employee for breach of trust? The Supreme Court explains in Bristol Myers Squibb v. Baban.