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June 1, 2022

Business Law and Labor Law Updates

The topics below may be relevant to your daily activities, especially those which involve business law, labor law, and other legal areas of your business.

 


Legal Implications of a Forged Deed of Sale


Under the definition of a contract, it is a meeting of minds between two (2) persons whereby one binds himself with respect to the other, to give something or to render some service (Article 1305 of the New Civil Code). The meeting of the minds between the contracting parties signify the consent to enter into the contract, this can be shown through shaking of the hands or placing one’s signature on the contract when it is produced in writing. However, a problem arises when one of the parties’ signature on the contract was forged. This is common in contracts and deeds involving sale of properties.

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Post-Employment Prohibitions


Once an employee leaves, he or she also takes with him or her, the knowledge, information and skills he or she has acquired throughout his or her employment. Because of this, our laws allow management prerogatives on post-employment bans which would prevent disclosure of company secrets and bar employees from accepting employment in competition with his or her previous employer. These management prerogatives are written on the contracts and/or agreements signed by the employees and are often called “Confidentiality and Non-Compete Clause.”

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Understanding the Nature of Manager’s Check


One of the major developments today is the use of documents as substitutes for payment of money. These documents are called Negotiable Instruments. Although they do not constitute legal tender as defined under our Civil Code, and are not money, they are used as an alternative for money. A negotiable instrument differs from money, however, in that the former is valuable or worthless depending upon the financial ability of the parties to them. The purpose of the law is to place negotiable instruments on such footing that it would be freely accepted without question in commercial transactions and thereby facilitate trade (De Leon JR, De Leon, Negotiable Instruments Law: Annotated, 2010 Edition, Page 03).

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The Tenor of a Voluntary Resignation of an Employee and its Effects


One of the fundamental rights of a person is the right against involuntary servitude. This right is expressly provided under our Constitution which states that no involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted (Read here). In view thereof, since any forms of involuntary servitude are prohibited, our labor laws allow employees to terminate or discontinue their services from their employers through voluntary resignation.

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