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

contact

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

National Science and Technology Week

The 2024 National Science and Technology Week (NSTW) will be held on November 27 to December 1, 2024 at The Atrium, Limketkai Center, Cagayan de Oro City with the theme “Siyensya, Teknolohiya at Inobasyon: Kabalikat sa Matatag, Maginhawa, at Panatag na Kinabukasan (Providing Solutions and Opening Opportunities in the Green Economy)”. 

Who is not entitled to separation pay?

We hold that henceforth separation pay shall be allowed as a measure of social justice only in those instances where the employee is validly dismissed for causes other than serious misconduct or those reflecting on his moral character. Where the reason for the valid dismissal is, for example, habitual intoxication or an offense involving moral turpitude, like theft or illicit sexual relations with a fellow worker, the employer may not be required to give the dismissed employee separation pay, or financial assistance, or whatever other name it is called, on the ground of social justice (Philippine Long Distance Telephone Co. v. NLRC, G.R. No. 80609 August 23, 1988)

Pros and Cons of a Joint Venture

Joint venture is an organization formed for some temporary purpose.

A joint venture, therefore, is akin to a partnership, the essential elements of which are as follows:

(1) an agreement to contribute money, property, or industry to a common fund; and

(2) an intent to divide the profits among the contracting parties.

(Carlos Valdes vs. La Colina Development Corporation, G.R. No. 208140, July 12, 2021)

What is habeas corpus?

Habeas corpus plays a vital role in protecting constitutional rights. (Slack v. McDaniel, 529 U.S. 473 (2000)) It is “a proceeding against some person who has the immediate custody of the party detained, with the power to produce the body of such party before the court or judge, that he may be liberated if no sufficient reason is shown to the contrary.” (Wales v. Whitney, 114 U.S. 564 (1885)) Habeas corpus does not compensate for past wrongful incarceration, nor does it punish the State for imposing it. Instead, it is a challenge to unlawful custody, and when the writ issues it prevents further illegal custody. (Lindh v. Murphy, 521 U.S. 320 (1997)

The Supreme Court decides: The law presumes that a person takes ordinary care of their concerns and that private transactions have been fair and regular. Hence, negligence cannot be presumed but must be proven.

Settled is the rule that in actions based on quasi-delict, it is incumbent upon the plaintiff to prove the presence of the foregoing elements by preponderance of evidence. They cannot rely on mere allegations but must present such evidence more convincing as worthy of belief than that which is offered in opposition thereto.
In this case, however, while the death certificate shows the damage or injury sustained by Adelaida, specifically, cerebral hemorrhage and severe hypertension, the totality of the evidence failed to establish the second and third elements of a quasi-delict.

Legality of Floating Status under Labor Laws

The bona-fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic duty shall not terminate employment. In all such cases, the employer shall reinstate the employee to his former position without loss of seniority rights if he indicates his desire to resume his work not later than one (1) month from the resumption of operations of his employer or from his relief from the military or civic duty. (Article 301, Labor Code)