Are Forced Resignations Allowed in the Philippines?
Forced resignation is a common concern among employees in the Philippines, especially when workplace relationships sour or when employers attempt to avoid the formal process of termination. Many employees ask: Can an employer legally force an employee to resign?
The short answer is no. Under Philippine labor law, a forced or coerced resignation is not allowed and is treated as constructive dismissal, which is a form of illegal dismissal .
This article explains what forced resignation is, why it is illegal, how Philippine courts assess it, and what remedies are available to affected employees.
Who Are Illegitimate Children Under Philippine Law?
Understanding who are considered illegitimate children in the Philippines is important for issues involving inheritance, child support, parental authority, and civil status. Philippine law draws a clear legal distinction between legitimate and illegitimate children, and this classification has concrete legal consequences.
This article explains who are illegitimate children under Philippine law, the legal basis for their classification, and how courts apply the rule in actual cases.
Barangay Protection Order (BPO): What It Is and What Happens If It Is Violated
A Barangay Protection Order (BPO) is one of the fastest legal remedies available in the Philippines for women and children who are victims of violence. It is designed to provide immediate, short-term protection at the barangay level while longer-term remedies before the courts are being pursued.
Understanding what a Barangay Protection Order is, how it works, and what happens if it is violated is important for both victims seeking protection and respondents who are subject to one.
Are Handwritten Wills Valid in the Philippines?
A common question Filipinos ask when planning their estate is: Are handwritten wills valid in the Philippines? The short answer is yes, but only if they meet very specific legal requirements under Philippine law. A handwritten will is legally recognized as a holographic will, and the rules governing it are strict.
This article explains when a handwritten will is valid, what makes it invalid, and how courts treat handwritten wills during probate, based on the Civil Code and Supreme Court rulings.
What is a Prenuptial Agreement in the Philippines?
A prenuptial agreement—also known as an ante-nuptial agreement or marriage settlement—is a legally binding contract entered into by future spouses before their marriage. Its primary purpose is to define the property regime that will govern their financial and property relations during the marriage. By setting the terms of ownership, management, and division of assets and debts, a prenuptial agreement provides clarity, security, and peace of mind to both parties.
What is an Affidavit of Desistance?
Affidavit of Desistance—a term often encountered in Philippine legal proceedings—can play a significant role in both criminal and administrative cases. Whether you're a complainant reconsidering your stance or an accused seeking clarity, it's essential to understand what this document truly means and how the courts interpret it.
What Happens If You Get Married Without a Marriage License in the Philippines?
In the Philippines, marriage isn’t just a celebration of love—it’s a legal commitment that comes with specific requirements. One of the most crucial of these is the marriage license.
Many couples go through a religious or symbolic ceremony thinking they’re already legally married. But under the law, missing even one legal requirement—especially the marriage license—can mean the marriage is not valid at all.
RA 9262: How to Enforce Protection Orders
Under Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act of 2004, victims of abuse are granted legal protection through various types of protection orders. These orders are essential in preventing further acts of violence and ensuring the safety of women and their children. This article outlines the types of protection orders available under RA 9262, the penalties for violating them, and how they are enforced through indirect contempt proceedings, without prejudice to the filing of other criminal or civil cases.
Annulment, Legal Separation, and the Possible Introduction of Divorce In the Philippines
At present, the law provides two main remedies for troubled marriages: annulment and legal separation. Both remedies recognize serious marital problems but address them in different ways.
There is also a proposed law — the Absolute Divorce Bill — which, if passed, will introduce divorce as an additional option. However, as of now, divorce is not yet legal in the Philippines.