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

contact

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

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.)

The Supreme Court decides: Employers must show the payroll was submitted to and received by the bank to prove salary payment

In the case of PAL v. Ahmee et al. and Ahmee et al., v. PAL, the Supreme Court held that the submission by the employer of the payroll or bank advisory or the acknowledgment receipt by the bank constitutes substantial evidence of payment of the employees’ salaries and monetary benefits.

Jurisdiction of Labor Arbiter

Photo from Pexels | Timur Weber The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Read more about Jurisdiction of Labor Arbiter[…]

Writ of Amparo: A Rapid Judicial Relief for Extralegal Killings and Enforced Disappearances

The petition for a writ of amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.

The writ shall cover extralegal killings and enforced disappearances or threats thereof. (Section 1, A.M. No. 07-9-12-SC)

Political Questions Doctrine

Questions of policy or wisdom, oftentimes referred to as political questions, are defined as those questions which, under the Constitution, are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the Legislature or executive branch of the Government. It is concerned with issues dependent upon the wisdom, not legality, of a particular measure. (Tañada, et al. v. Cuenca, et al., G.R.No. 10520)

Salient Features of Domestic Administrative Adoption and Alternative Child Care Act

The Domestic Administrative Adoption and Alternative Child Care Act hereby declared the policy of the State to ensure that every child remains under the care and custody of the parents and be provided with love, care, understanding, and security towards the full and harmonious development of the child’s personality. Only when such efforts prove insufficient and no appropriate placement or adoption within the child’s extended family is available shall adoption by an unrelated person be considered.

Crimes against Humanity

“Crimes against humanity” include any of the following acts committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

▪ murder;
▪ extermination;
▪ enslavement;
▪ deportation or forcible transfer of population;
▪ imprisonment;
▪ torture;
▪ rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
▪ persecution against an identifiable group on political, racial, national, ethnic, cultural, religious or gender grounds;
▪ enforced disappearance of persons;
▪ the crime of apartheid;
▪ other inhumane acts of a similar character intentionally causing great suffering or serious bodily or mental injury

Doctrine of Qualified Political Agency

Photo from Pexels | Pixabay The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices Read more about Doctrine of Qualified Political Agency[…]

The Supreme Court decides: The corporation is deemed the actual member sitting on the board, with their representatives merely acting on their behalf.

Under Section 4 of MPMCC’s By-Laws, corporations may designate a representative to act in all matters related to the corporation, including service of notice of assessments and meetings, grants of proxies, voting on any matter, and the like.