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

contact

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

Notice of Lis Pendens

A notice of lis pendens is an annotation made on a certificate of title pursuant to Section 76 of Presidential Decree No. 1529 and Section 19, Rule 13 of the Rules of Court, to notify third persons that the property is the subject of a pending court proceeding. It functions as a legal warning to protect the rights of the party who instituted or is defending the action, ensuring that the court’s eventual decision will remain binding and enforceable against subsequent purchasers or encumbrancers.

Amendments in the Right-of-Way Act

The Accelerated and Reformed Right-of-Way (ARROW) Act amended the R.A. 10752, otherwise known as “The Right-of-Way Act,” which affirms that the private property shall not be taken for public use without just compensation. It shall ensure that owners of real property acquired for national government infrastructure projects and private infrastructure projects for public use are promptly paid just compensation, based on a nationally consistent real property valuation for a more expeditious acquisition of the required right-of-way for the projects.

How to Protect Yourself in case of Breach of Contract and What Actions to Take?

A breach of contract occurs when one party fails to fulfill the obligations agreed upon in the contract, without a valid legal justification. The Civil Code of the Philippines provides protection to the aggrieved party and offers several remedies to enforce or recover what is due. These include invoking the binding force of the contract, demanding fulfillment of the obligation, claiming damages, rescinding the contract in case of substantial breach, and filing a civil action before the proper court.

Just Compensation in Land Expropriation Must Consider All Relevant Factors, Not Just Market Value

In land expropriation cases, just compensation must be based on all relevant factors, not just market value. Case law mandates a “totality of circumstances” approach to determining just compensation, considering all the facts as to the condition of the property and its surroundings, improvements and capabilities.

The Difference Between Merger and Consolidation and their Effects

Merger or consolidation may be resorted to by corporations because of economic reasons. When times are tough, companies ought to merge or consolidate depending on their plan for survival and/or economic growth. Also, this is to create a more competitive, cost-efficient company and to increase value.

Responsibilities of an Employer under the Occupational Safety and Health Administration in connection with Natural Calamities

Section 4, Chapter III of the Republic Act (R.A.) No. 11058 outlines the responsibilities of an employer, contractor, or subcontractor, if any, and any person who manages, controls, or supervises the work being undertaken under the Occupational Safety and Health Administration.

The Supreme Court Decides: The mere fact that the agent was authorized to mortgage the property is not enough to bind the principal; the deed must also be executed and signed by the agent for and on behalf of his or her principal.

Agency is extinguished by the death of either the principal or the agent. Thus, any act by the agent subsequent to the principal’s death is void ab initio, unless the act fell under the exceptions established under Articles 1930 and 1931 of the Civil Code.

All Saints Day

Every November 1, it is a Filipino tradition to go to cemeteries and honor our departed loved ones on All Saints’ Day. It is a time of reflection, remembrance, and family gathering. But aside from its spiritual and cultural meaning, the day also has implications for workers’ pay. Since it is declared a special non-working holiday, employees who report for duty are entitled to receive premium pay, while those who take the day off are not bound to work and are typically subject to the “no work, no pay” principle, unless a company policy or collective bargaining agreement provides otherwise. This holiday, therefore, not only reminds Filipinos of their faith and traditions but also highlights the country’s labor rights and compensation rules during special occasions.

What You Should Know About Filing a Small Claims Case

With the implementation of the Office of the Court Administrator (OCA) Circular No. 69-2002, the judiciary has taken a major step toward faster and more accessible justice. The new Rules on Expedited Procedures in the First Level Courts simplify the filing of small claims cases, allowing Filipinos to recover debts and resolve monetary disputes without the burden of lengthy trials or high legal costs. Now enhanced by electronic filing and service, the small claims process brings justice closer to the people, swift, convenient, and within everyone’s reach.

Investors’ Lease Act

Under the Investors’ Lease Act, it is the policy of the State to encourage foreign investments consistent with the constitutional mandate to conserve and develop our own patrimony. The state hereby adopts a flexible and dynamic policy on the granting of long-term lease on private lands to foreign investors for the establishment of industrial estates, factories, assembly or processing plants, agro-industrial enterprises, land development for industrial or commercial use, tourism, agriculture, agro-forestry, ecological conservation and other similar priority productive endeavors.