The Law - Point of View of Atty. Arcega

22/01/2026

Indeed, all glory to GOD! Looking forward to seeing Vitaly Zdorovetskiy use his platform and his ordeal to help bring some much-needed changes in our system ("MUCH-NEEDED" is probably an understatement); and bring even more glory to GOD of mercy and justice.

21/01/2026

Employees are a protected class. Thanks to our Constitution, there is security of tenure giving employees many layers of protection against employers.

But when an employee who is a foreign national, hired to work in our country, given hundreds of thousand in compensation, with free housing, children's education, maid, and driver paid for by the company, etc etc., DEFIES A LAWFUL ORDER because he feels he is entitled to a bigger allowance, does he have the right to go to the the National Labor Relations Commission and cry illegal dismissal?

Our client, a multi-national corporation, just received the Resolution of the Court of Appeals affirming its earlier decision, and the decision of the NLRC, that there was NO ILLEGAL DISMISSAL in the case involving that foreign national. Defying a lawful order is insubordination - a just cause to dismiss an employee.

I feel this victory is special because, aside from truth and justice prevailing, this win stomped on ego, greed, and high sense of entitlement of foreigners working in this country that we love.

06/01/2026

Just saw a post that says: Sino nakakakilala sa kup*l na to? Comments section reveals the post is about an alleged estafador. And attached to the post is a picture of the driver's license with the personal details of the person referred to.

Is that kind of post okay? Is it legal? Is it effective?

05/01/2026

In a recent case decided by the Supreme Court (G.R. No. 245269. July 29, 2025), it was held that a signature in a waiver and quitclaim is valid (if the provisions are fair and reasonable), as well as a resignation letter, despite claims of coercion.

In every case, evidence is what makes a case. If you submit a resignation letter and sign a waiver and quiclaim, you cannot later simply claim that you were coerced into submitting and signing them. Such claim must be substantiated by evidence so that the labor arbiter and the courts would have a basis to rule that you were illegally dismissed. Mere ellegation is not proof.

Lesson for employees: do not be quick to sign documents. Read and ask for time to seek legal advice.

03/01/2026

What do you do when you receive a Notice to Explain (NTE) from the HR or from anyone in the management?

1. Do not panic. As long as you know you did not do any offense so grave that you could be dismissed, you should be fine.

2. Read it carefully. Is it something that requires a simple explanation? Or are you able to comprehend the allegation (kung ano binibintang sayo)? If you can confidently explain your side, go respond. If you need further understanding of the contents of the notice, formally ask for more information.

3. If you can confidently provide an explanation, go respond to the notice. BUT I would suggest to consult a lawyer first, esp in instances when the allegation includes an accusation that you committed a crime. In instances like this, you might inadevertenly make statements thay could be misinterpreted and later used as evidence against you in court. Best to be advised by a lawyer first.

02/01/2026

When you suddenly have diminished role in the company - same salary, same benefits - but noticeably less responsibilities... to the point that you feel useless and your presence seems of no value anymore -- this could be what's referred in law as constructive dismissal.

I handled a similar case before, and the employer opted to settle the matter with a handsome sum of money.

But if you think of it, sarap din siguro. Sumasahod na halos walang ginagawa. That's another side of the coin.

02/01/2026

Security of tenure is a constitutionally-protected right. For most of us, if we don't work, we don't eat. With that, the right to security of tenure is just like the right to life - the right to a decent life.

Imagine celebrating festivities during the holidays only to return to work to get fired, or get demoted, or get less benefits. Or yong pagbalik mo, biglang pinagiinitan ka na ng mga boss mo. Aba di pwede yan!

Let's learn more later about this.

30/12/2025

Know your rights as an employee. First week of January, I shall start a series on employees' rights based on law and Supreme Court decisions.

Pag alam mo ang karapatan mo, mas may kapayapaan ang isip mo na basta ginagawa mo nang tama ang trabaho mo, walang basta basta mang aagrabyado sayo.

I handled a similar case before where my client was constructively dimissed while pregnant. As the law was on our side, we won, and the employer did not dare appeal the decision of the labor arbiter.

The Supreme Court has ordered a business process outsourcing company (BPO) to pay the back wages and separation pay of a female employee, ruling that transferring her to a remote location due to her pregnancy constitutes constructive dismissal and violates the Magna Carta for Women.

READ MORE: https://inqnews.net/pregnantbpo

30/12/2025

I created this page to share some of my knowledge and point of view about law and how they apply to all of us on a daily basis.

The legal system could be hard fo navigate because it is composed of laws, rules, legal precedents, and written and unwritten practices. But it is not impossible to have a working knowledge of it. All we need is to acknowledge that we have a legal problem, identify what type, and be advised that something could be done. This is what I intend to provide in this page.

I have been asked several times to have a tiktok account for legal advice. Unfortunately, medyo mahiyain ako for that. I run a law office, Ibera and Arcega Law Firm, so finding time for tiktok could be challenging. But, this, I can do - a way of giving back to the community.

This coming year, I will be 10 years in the legal profession. 10 years of almost purely litigation experience - finding heart and passion in criminal cases, as well as labor cases... being a negotiator leading parties to an amicable settlement... helping corporations prevent legal battles against their clients, customers and even employees... helping those facing life imprisonment or reclusion perpetua find a new life and liberty... leading clients to prayer and the real hope, that is, with Christ...

I am excited to be of service this way. Cheers to 2026! See you all online.

❤️
Atty. Baby Perian Arcega (ABPA)

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