As a general rule, an employee who has been illegally dismissed is entitled to reinstatement. An exception to this rule is the doctrine of strained relations where the payment of separation pay is considered an acceptable alternative when reinstatement is no longer desirable or viable.
The concepts of Recidivism, Habituality, Quasi-Recidivism, and Habitual Delinquency are significant aggravating circumstances under the Revised Penal Code. These terms relate to repeated commission of offenses and reflect a pattern of criminal behavior.
According to Article 694 of the Civil Code, a nuisance is any act, omission, establishment, business, condition of property, or anything else which:
(1) Injures or endangers the health or safety of others; or
(2) Annoys or offends the senses; or
(3) Shocks, defies or disregards decency or morality; or
(4) Obstructs or interferes with the free passage of any public highway or street, or any body of water; or
(5) Hinders or impairs the use of property.
The normal consequences of illegal dismissal are reinstatement without loss of seniority rights, and payment of backwages computed from the time compensation was withheld up to the date of actual reinstatement. (Aliling v. Feliciano, G.R. No. 185829, April 25, 2012)
Employment in particular jobs may not be limited to persons of a particular sex, religion, or national origin unless the employer can show that sex, religion, or national origin is an actual qualification for performing the job. The qualification is called a bona fide occupational qualification (BFOQ).
Appeal is the remedy available to a litigant seeking to reverse or modify a judgment on the merits of a case. The right to appeal is not constitutional or natural, and is not part of due process but is a mere statutory privilege. Thus, it must be availed in keeping with the manner set by law and is lost by a litigant who does not comply with the rules. (Cortal v. Inaki A. Larrazabal Enterprises, G.R. No. 199107, August 30, 2017)
A petition for certiorari under Rule 65 is proper to correct errors of jurisdiction committed by the lower court or grave abuse of discretion which is tantamount to lack of jurisdiction. This remedy can be availed of when there is no appeal or any plain, speedy, and adequate remedy in the ordinary course of law. (Cunanan v. Court of Appeals, G.R. No. 205573, August 17, 2016)
The Supreme Court affirmed the conviction of a 68-year-old foreigner for rape and qualified trafficking after inviting and meeting with a minor for sex. In the case of People of the Philippines v. Willem Johannes Peek (G.R. No. 256452, February 25, 2025), the SC held that Peek forced the victim to engage in sexual acts in exchange for money and and under threat of uploading her nude photos online if she refused.
Section 31 of the Administrative Code, being a specific provision pertaining to administrative cases, is an exception to Article 13 of the Civil Code, which has been intended for general application in the interpretation of the laws.
Article 1291 of the New Civil Code provides that obligations may be modified by: (1) Changing their object or principal conditions; (2) Substituting the person of the debtor; (3) Subrogating a third person in the rights of the creditor.
The elements of the crimes of grave coercion, light coercion, and other similar coercions and their corresponding penalties are provided in Articles 286, 287, and 288 of the Revised Penal Code.
