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.
Business Law and Labor Law Updates
PURSUING AND COLLECTING DEBTS WITHOUT A LAWYER
Small Claims are exclusively for the payment or reimbursement of a sum of money
The money claim must not exceed P400,000 or P300,000 depending on the venue
Lawyers are not allowed to appear in Small Claims cases
GUIDELINES ON THE PAYMENT OF FINAL PAY AND ISSUANCE OF CERTIFICATE OF EMPLOYMENT
Certificate of Employment must specify the dates of an employee’s engagement and the termination of his/her employment and the type or types of work in which he/she is employed.
Employer shall issue a certificate of employment within three (3) days from the time of the request by the employee.
Final Pay shall be released within thirty (30) days from the date of separation or termination of employment, unless there is a more favorable company policy, individual or collective agreement thereto.
WHAT IS THE LIABILITY OF THE PRINCIPAL IF AN AGENT ACTED IN GOOD FAITH OR BAD FAITH?
If the agent acted in good faith and within the scope of his authority, the principal incurs liability.
If the agent acted in bad faith, the agent alone shall be responsible to such third person.
The relations of an agent to his principal are fiduciary in character.
DETERMINING QUORUM IN CORPORATE MEETINGS
A quorum may be provided in the bylaws of a corporation
If there is none, a quorum consists of stockholders representing a majority of the outstanding capital stock
In case of nonstock corporations, a quorum consists of a majority of the members