ALBURO ALBURO AND ASSOCIATES LAW OFFICES ALBURO ALBURO AND ASSOCIATES LAW OFFICES

contact

MON-SAT 8:30AM-5:30PM

Types of Estoppel

The doctrine of estoppel provides that an admission or representation is rendered conclusive upon the person making it, and cannot be denied or disproved as against the person relying thereon.

The doctrine of estoppel is based upon the grounds of public policy, fair dealing, good faith and justice, and its purpose is to forbid one to speak against its own act, representations, or commitments to the injury of one to whom they were directed and who reasonably relied thereon.

The Supreme Court decides: The Supreme Court has ruled that when a Filipino asks a Philippine court to recognize a foreign divorce, they only need to prove the law of the country where the divorce was obtained, not the law of their foreign spouse’s nationality.

In the case of Anido v. Republic of the Philippines, G.R. No. 253527, October 21, 2024, the Supreme Court ruled that the foreign law that must be proven by a party who seeks the recognition of a divorce decree or judgment must be the law of the country or state that issued it. The applicant must prove the law of the foreign court, office, or tribunal to show that it had competence or jurisdiction to issue the foreign decree or judgment, and that the latter is valid and binding in the country or state from which it originates.

Effect of illegitimate filiation of the representatives as qualified by the ruling in Aquino v. Aquino, G.R. Nos. 208912 and 209018, December 7, 2021

In the case of Aquino v. Aquino, G.R. Nos. 208912 and 209018, the Supreme Court held that a child whose parents did not marry each other can inherit from their grandparents by their right of representation, regardless of the grandparent’s marital status at the birth of the child’s parent.

Chain of Custody Rule

In the case of People of the Philippines v. Rosario, G.R. No. 235658, June 22, 2020, the Supreme Court held that to sustain a conviction for the offense of illegal sale or possession of dangerous drugs under R.A. No. 9155, it is of utmost importance to establish with moral certainty the identity of the confiscated drug. To remove any doubt or uncertainty on the identity and integrity of the seized drug, it must be shown that the substance illegally possessed or sold by the accused is the same substance offered and identified in court. This requirement is known as the Chain of Custody Rule under Republic Act No. 9165.

Establishments with less than ten employees: What are their employees’ benefits under the Labor Code?

Employees employed in establishments with less than ten (10) employees are entitled to most of the benefits provided in the Labor Code, and pertinent rules and regulations, except for the following:

Holiday Pay
Service Incentive Leave,
Retirement Pay* (for retail, service and agricultural establishments/operations regularly employing not more than ten (10) employees.)