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Liability of Corporate Officers in Labor Cases

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 Supreme Court decides: Preventive suspension of employee who locked company out of its own software is valid

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.

Revised Guidelines Governing the Employment and Working Conditions of Security Guards and the Private Security Services Industry Act

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.

Anti-Plunder Act (R.A. No. 7080)

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Dominancy Test in Trademark (Kolin v. Kolin)

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.

Res Ipsa Loquitur

The doctrine of res ipsa loquitur is an exception to the rule that hearsay evidence is devoid of probative value. This is because the doctrine of res ipsa loquitur establishes a rule on negligence, whether the evidence is subjected to cross-examination or not. It is a rule that can stand on its own independently of the character of the evidence presented as hearsay.

Grave Threats, Light Threats, and Other Light Threats

The crimes of grave threats, light threats, and other light threats are provided under Articles 282, 283, and 285 of the Revised Penal Code.

According to the case of RONNIE CALUAG vs. PEOPLE OF THE PHILIPPINES, G.R. No. 171511, March 4, 2009, in grave threats, the wrong threatened amounts to a crime which may or may not be accompanied by a condition. In light threats, the wrong threatened does not amount to a crime but is always accompanied by a condition. In other light threats, the wrong threatened does not amount to a crime and there is no condition.