The ban on direct hiring prohibits employers from hiring Filipino workers for overseas employment except through the Boards and authorized entities. However, exceptions include members of the diplomatic corps, international organizations, employers approved by the Secretary of Labor, and name hires
Under Republic Act No. 9262 or the Anti-Violence Against Women and Their Children Act of 2004, a protection order is an order issued for the purpose of preventing further acts of violence against a woman or her child and granting other necessary relief. The relief granted under a protection order serve the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim’s daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life.
Commodatum is a contract of loan wherein one of the parties delivers to another, either something not consumable so that the latter may use the same for a certain time and return it.
Mutuum or simple loan is a contract of loan wherein money or other consumable thing, upon the condition that the same amount of the same kind and quality shall be paid. (Article 1933, New Civil Code)
The Supreme Court found two Shakey’s managers guilty of theft for withholding service charges from employees. The Court ruled that all five elements of theft were present: (1) there was a taking; (2) of property belonging to another; (3) done with intent to gain; (4) without the owner’s consent; and (5) without violence or force. The Court clarified that the crime was not qualified theft because the victims were fellow employees, not the employer; thus, there was no relationship of trust or confidence between them. Absent this qualifying element, petitioners were only convicted of theft in its simple form.
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)
