Appeal means the elevation by an aggrieved party of any decision or award of a lower body to a higher body by means of a pleading which includes the assignment of errors, arguments in support thereof, and the relief prayed for. (Aba v. NLRC, G.R. No. 122627, July 28, 1999)
In Cadungog v. Jung, the Supreme Court affirmed that the Human Settlements Adjudication Commission (HSAC) has exclusive jurisdiction over contractual and legal disputes between buyers and developers of real estate projects. The Court also clarified that this jurisdiction evolved through a series of legal reforms, including the transfer of regulatory functions from the National Housing Authority to the Housing and Land Use Regulatory Board, and ultimately to the HSAC under Republic Act No. 11201.
Section 30 of the Revised Corporation Code provides that directors or trustees who willfully and knowingly vote for or assent to patently unlawful acts of the corporation or who are guilty of gross negligence or bad faith in directing the affairs of the corporation or acquire any personal or pecuniary interest in conflict with their duty as such directors or trustees shall be liable jointly and severally for all damages resulting therefrom suffered by the corporation, its stockholders or members and other persons.
The “fresh period rule” was promulgated to standardize the appeal period provided in the Rules and do away with the confusion as to when the 15-day appeal period should be counted.
The Ombudsman Act of 1989 provides that public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, efficiency, act with patriotism and justice and lead modest lives.
Preventive suspension is not a penalty but a disciplinary measure to protect life or property of the employer or the co-workers pending investigation of any alleged infraction committed by the employee. Thus, it is justified only when the employee’s continued employment poses a serious and imminent threat to the employer’s or co-workers’ life or property. When justified, the preventively suspended employee is not entitled to the payment of his salaries and benefits for the period of suspension.
Bribery is penalized under the Revised Penal Code, with distinctions drawn between direct bribery, indirect bribery, and corruption of public officials. Each crime carries its own set of elements, reflecting different ways public trust may be compromised.
Under DOLE Department Order 150-16, Security Guard refers to any person who offers or renders personal service to watch or secure a residence, business establishment, building, compound, any other area or property; or inspects, monitors, or performs body checks or searches of individuals or baggage and other forms of security inspection. Private Security Personnel, on the other hand, refers to natural persons, including private detectives, security consultants and security officers, employed by private security agency or firm, to render security and/or detective services.
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The Dominancy Test focuses on the similarity of the prevalent features of the competing trademarks which might cause confusion or deception, and thus infringement. If the competing trademark contains the main, essential or dominant features of another, and confusion or deception is likely to result, infringement takes place. Duplication or imitation is not necessary; nor is it necessary that the infringing label should suggest an effort to imitate. The question is whether the use of the marks involved is likely to cause confusion or mistake in the mind of the public or deceive purchasers.
