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Basics in Writing a Notice to Explain

In determining whether an employee’s dismissal (or any other disciplinary sanctions for that matter) had been legal, the inquiry focuses on whether the dismissal violated his right to substantive and procedural due process. An employee’s right not to be dismissed without just or authorized cause as provided by law, is covered by his right to substantive due process. Compliance with procedure provided in the Labor Code, on the other hand, constitutes the procedural due process right of an employee [See: G.R. No. 200898].

Judgment on the Pleadings v. Summary Judgment

A judgment or final order determining the merits of the case shall be in writing personally and directly prepared by the judge, stating clearly and distinctly the facts and the law on which it is based, signed by him, and filed with the clerk of the court. (Section 1, Rule 36 of the Revised Rules on Civil Procedure)

Knowing more about labor law compliance inspections

Behind every thriving economy are the workers whose efforts sustain industries, communities, and progress. DOLE Department Order No. 238 reinforces DOLE’s authority to uphold workers’ rights and workplace safety. It emphasizes proactive assistance through Technical and Advisory Visits, strict enforcement through Labor Inspections, and immediate intervention in cases of imminent danger in order to ensure fair, safe and humane working conditions for every Filipino worker.

The Supreme Court decides: A marriage officiated by someone without legal authority is generally void—but not if one or both spouses genuinely believed that the person had the authority to solemnize the marriage.

Article 35 (2) of the Family Code provides that marriages officiated by person with no legal authority are considered void, except if one or both parties to the marriage believed in good faith that the officer had legal authority to solemnize the marriage.

Retired from SSS, and still working?

Under R.A. No. 11199 or the Social Security Act of 2018, a member who has paid at least one hundred twenty (120) monthly contributions prior to the semester of retirement and who (1) has reached the age of sixty (60) years and is already separated from employment or has ceased to be self-employed, or (2) has reached the age of sixty-five (65) years, shall be entitled to retirement benefits for as long as he lives to a monthly pension, provided that he may opt to receive his first eighteen (18) monthly pensions in lump sum, discounted at a preferential rate of interest to be determined by the SSS.

Duty of loyalty by the corporate directors

A person cannot serve two masters without detriment to one of them. It is from this basic human frailty that the doctrine of corporate opportunity was recognized and laws were put in place to deter corporate officers from using their position of trust and confidence to further private interests. (TOPROS, Inc. v. Chang, Jr., G.R No. 200070-71, December 7, 2021)

How to register your corporation with the SEC

Every starting entrepreneur has to consider the business organization that will carry out the business he is about to establish. Considering that there are several ways by which a business may be organized, one has to at least be familiar, if not equipped with full working knowledge, as to the nature and characteristics of each of his options, and how it will affect the way he does business. Among the options that an entrepreneur may choose is to form a corporation, which is defined by law. Among the options that an entrepreneur may choose is to form a corporation, which is defined by law as an artificial being created by operation of law, having the right of succession and the powers, attributes, and properties expressly authorized by law or incidental to its existence (Sec. 2 of the Revised Corporation Code).

Marital Rape (Insights from People of the Philippines v. Jumawan)

Husbands do not have property rights over their wives’ bodies. Sexual intercourse, albeit within the realm of marriage, if not consensual, is rape. This is the clear State policy expressly legislated in Section 266-A of the Revised Penal Code (RPC), as amended by Republic Act No. 8353 or the Anti-Rape Law of 1997.

How foreign corporations can do business in the Philippines

Our country endeavors to attract, promote and welcome productive investments from foreign entities, in activities which significantly contribute to national industrialization and socio-economic development to the extent that foreign investment is allowed in such activity by the Constitution and relevant laws (Sec. 2, R.A. No. 8179). With this, many foreign corporations choose to invest by engaging in business in the Philippines. In doing so, however, our laws have imposed certain conditions before foreign corporations may legally operate their enterprises in the country.