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

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DURATION WHEN THE COMMON CARRIER MUST OBSERVE EXTRAORDINARY DILIGENCE

The extraordinary responsibility of the common carrier lasts from the time the goods are unconditionally placed in the possession of, and received by the carrier for transportation until the same are delivered, actually or constructively, by the carrier to the consignee, or to the person who has a right to receive them, without prejudice to the provisions of Article 1738. (Article 1736, New Civil Code of the Philippines)

Corporations: De Facto and De Jure

A private corporation organized under this Code commences its corporate existence and juridical personality from the date the Commission issues the certificate of incorporation under its official seal thereupon the incorporators, stockholders/members and their successors shall constitute a body corporate under the name stated in the articles of incorporation for the period of time mentioned therein, unless said period is extended or the corporation is sooner dissolved in accordance with law. (Section 18, Revised Corporation Code)

Waiting time as a compensable working hour

Waiting time is considered a compensable working hour:

(a)   Waiting time spent by an employee shall be considered as working time if waiting is an integral part of his work or the employee is required or engaged by the employer to wait.

 

(b)  An employee who is required to remain on call in the employer’s premises or so close thereto that he cannot use the time effectively and gainfully for his own purpose shall be considered as working while on call. An employee who is not required to leave word at his home or with company officials where he may be reached is not working while on call.

(Section 5, Rule 1, Omnibus Rules Implementing the Labor Code)

Rules on Payment of Wages on June 17, 2024

June 17, 2024 is declared as a regular holiday in the Philippines in observance of Eid’l Adha, pursuant to Presidential Proclamation No. 579, series of 2024.

The Department of Labor and Employment issued Labor Advisory No. 08, series of 2024 providing for the rules on payment of wages on June 17, 2024, a regular holiday.

The Supreme Court decides: The extent of protection granted to patent holders is limited to the claims of their patent.

The importance of patents as a tool for national development and economic advancement cannot be overemphasized. They ensure the flow of knowledge and information by encouraging inventors to disclose their discoveries to the public. In exchange, inventors are given market exclusivity or the right to exclude others from making, using, offering for sale, selling, or importing a patented product or product obtained from a patented process. However, like any other intellectual property right, the exercise of this right is not without limitations. The extent of protection granted to patent holders is limited to the claims of their patent.

Policy against Discrimination on Account of Cancer in the Workplace

The Department of Labor and Employment (DOLE), Civil Service Commission, and Technical Education and Skills Development Authority, in coordination with the DOH, shall develop policies and provide technical guidance to employers, employees associations, and unions to develop programs, initiatives or mechanisms that shall minimize or eliminate stigma and discrimination in the workplace that is experienced by people living with cancer, cancer survivors, and their families. (Section 18, National Integrated Cancer Control Act)

Termination of Employment due to Tardiness

Gross and habitual neglect by the employee of his duties is a just cause for termination of employment. (Article 297, Labor Code)

Habitual tardiness is a serious offense that may very well constitute gross or habitual neglect of duty. (Systems and Plan Integrator and Development Corporation, v. Michelle Elvi C. Ballesteros, G.R. No. 217119, April 25, 2022)

What are contracts of fixed-term employment?

A fixed-term employment has been recognized as a type of employment embodied in a contract specifying that the services of the employee shall be engaged only for a definite period, the termination of which occurs upon the expiration of said period irrespective of the existence of just cause and regardless of the activity the employee is called upon to perform. (Allan Regala vs. Manila Hotel Corporation, G.R. No. 204684, October 5, 2020)