ALBURO ALBURO AND ASSOCIATES LAW OFFICES ALBURO ALBURO AND ASSOCIATES LAW OFFICES

contact

MON-SAT 8:30AM-5:30PM

WHEN CAN A MEMBER OF THE HOMEOWNERS’ ASSOCIATION BECOME A DELINQUENT?

Under the 2024 Implementing Rules of Magna Carta for Homeowners and Homeowners’ Associations (RA 9904), a delinquent member or member not in good standing shall refer to a member who has been declared as such after due notice and hearing on the basis of the grounds and in accordance with the procedures set forth under the bylaws and/or existing policies of the association or, in lieu thereof, under this Rules.

Totality of Infractions Rule

In determining the sanction imposable on an employee, the employer may consider the former’s past misconduct and previous infractions. Also known as the principle of totality of infractions. However, while the rule permits employers to consider an employee’s history of violations, jurisprudence also sets limits on how past offenses may justify dismissal. Previous offenses may be used as valid justification for dismissal only if they are related to the subsequent offense upon which the basis of termination is decreed, or if they have a bearing on the proximate offense warranting dismissal.

Is a part time worker entitled to a holiday pay?

Technological progress, improved methods of production and division of labor are among the reasons which led to new developments in the distribution of working hours in a day, in a week or in a year. The new trends in the pattern of working time have been reflected in the scheduling and staggering of working time. In the Philippines, the most common type of these schemes is part-time work. (DOLE Explanatory Bulletin on Part-Time Employment)

The Supreme Court Decides: Petitioner is not entitled to permanent and total disability benefits but only to Grade 12 disability benefits as found by the company-designated doctors

As mandated under the POEA-SEC, as amended by POEA Memorandum Circular No. 10, Series of 2010, upon repatriation, the seafarer concerned shall be examined and treated by the company-designated physician. If the seafarer disagrees with the final assessment of the company-designated physician, the former may procure a second opinion from a physician of his or her choice. In case of a conflicting assessment, the parties may resort to a third doctor.

Limitations on Copyright

Copyright infringement is thus committed by any person who shall use original literary or artistic works, or derivative works, without the copyright owner’s consent in such a manner as to violate the copy and economic rights. For a claim of copyright infringement to prevail, the evidence on record must demonstrate: (1) ownership of a validly copyrighted material by the complainant; and (2) infringement of the copyright by the respondent. (Olano, et al v. Co, G.R. No. 195835, March 14, 2016)

What is Damnum Absque Injuria?

Well-settled is the maxim that damage resulting from the legitimate exercise of a person’s rights is a loss without injury — damnum absque injuria — for which the law gives no remedy. In other words, one who merely exercises one’s rights does no actionable injury and cannot be held liable for damages. (Amonoy v. Spouses Gutierrez, G.R. No. 140420)