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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.

 


GENDER-BASED SEXUAL HARASSMENT IN THE WORKPLACE


  • Gender-based sexual harassment includes an act or series of acts involving any unwelcome sexual advances that has or could have a detrimental effect on the conditions of an individual’s employment or education, job performance or opportunities.

  • Gender-based sexual harassment includes a conduct of sexual nature and other conduct-based on sex affecting the dignity of a person, which is unwelcome, unreasonable, and offensive to the recipient, whether done verbally, physically or through the use of technology.

  • Gender-based sexual harassment includes a conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for the recipient, provided, That the crime of gender-based sexual harassment may also be committed between peers and those committed to a superior officer by a subordinate, or to a teacher by a student, or to a trainer by a trainee.

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MAY THE ORAL STATEMENT OF A SELLER BE CONSIDERED AS A WARRANTY?


warranty

  • A warranty is a statement or representation made by the seller of goods

  • There is an express warranty if the buyer purchased the thing relying on the affirmation of fact or promise of the by the seller relating to the thing

  • A warranty is part of the contract of sale

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WHAT IS RECTO LAW?


  • Recto Law applies only to sale of personal property on installment basis

  • The seller may cancel the contract of sale in case the buyer fails to pay two or more installments

  • In case the buyer fails to pay two or more installments, the seller may foreclose the mortgage if one has been constituted

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FORFEITURE PROVISIONS UNDER ANTI-MONEY LAUNDERING ACT


  • The forfeiture shall include those other monetary instrument or property having an equivalent value to that of the monetary instrument or property found to be related in any way to an unlawful activity or a money laundering offense.

  • Where the court has issued an order of forfeiture of the monetary instrument or property in a criminal prosecution for any money laundering offense, the offender or any other person claiming an interest therein may apply, by verified petition, for a declaration that the same legitimately belongs to him and for segregation or exclusion of the monetary instrument or property corresponding thereto.

  • Where the court has issued an order of forfeiture of the monetary instrument or property subject of a money laundering offense, and said order cannot be enforced because any particular monetary instrument or property cannot, with due diligence, be located, thereby rendering the same difficult to identify or be segregated for purposes of forfeiture, the court may, instead of enforcing the order of forfeiture of the monetary instrument or property or part thereof or interest therein, accordingly order the convicted offender to pay an amount equal to the value of said monetary instrument or property.

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