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The Supreme Court decides: Overall, PHIC’s disbursements of allowances lacked formal authorization and did not comply with relevant regulations, undermining their legality and prompting the disallowance.

The case revolves around the legality of benefits granted by the Philippine Health Insurance Corporation (PHIC) under Notices of Disallowance (NDs). The central issue is whether PHIC had the authority to grant these benefits, which include productivity bonuses and allowances, beyond its standard compensation.

Pros and Cons of a Corporation

Corporations offer a range of advantages, including limited liability, access to capital, perpetual existence, enhanced credibility, and the ability to attract talent. However, they also come with drawbacks such as complexity, double taxation, regulatory burdens, potential conflicts of interest, and reduced personal control.

DTI Business Registration vs. SEC Company Registration

It is necessary to register your business with the DTI to provide it with a legal identity and gain the rights to use your business name. However, a business name (BN) registration is not a license to operate a business.
On the other hand, it is essential for a business to register with the SEC in order for them to be treated as a legal or judicial entity.

When is there a corporation by estoppel?

The doctrine of corporation by estoppel is founded on principles of equity and is designed to prevent injustice and unfairness. It applies when a non-existent corporation enters into contracts or dealings with third persons. In which case, the person who has contracted or otherwise dealt with the non-existent corporation is estopped to deny the latter’s legal existence in any action leading out of or involving such contract or dealing.

The Supreme Court decides: The Court ruled that the property is not conjugal. The property was acquired in 1978, before Lani and Stephen’s marriage in 1983, and was registered solely in Stephen’s name.

According to the Civil Code, property acquired before marriage remains the exclusive property of the individual, unless proven otherwise. The presumption of conjugal ownership only applies to property acquired during the marriage. Since Lani admitted the property was bought before the marriage and was purchased with Stephen’s personal funds, she could not claim it as conjugal.

Breastfeeding Awareness Month (R.A. No. 10028 of 2010)

The theme for the 2024 commemoration is “Closing the Gap: Breastfeeding Support for All,” urging both governments and the private sector to reevaluate and enhance policies and workplace arrangements that assist breastfeeding mothers. The Expanded Breastfeeding Promotion Act of 2009, or Republic Act 10028, requires all establishments, whether public or private, to provide support for breastfeeding in the workplace.

Legalities of Random Drug Testing for Employees

“Employers shall require their officials and employees to undergo a random drug test in accordance with the company’s work rules and regulations for purposes of reducing the risk in the workplace. Strict confidentiality shall be observed with regard to screening and the screening results.” (Section C, par. b, subpar. I, DOLE D.O. No. 53, s. 2003)

Can an employee be dismissed because of his/her disease?

For a dismissal on the ground of disease to be considered valid, two requisites must concur: (a) the employee suffers from a disease which cannot be cured within six months and his/her continued employment is prohibited by law or prejudicial to his/her health or to the health of his/her co-employees, and (b) a certification to that effect must be issued by a competent public health authority.