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

contact

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

Effect of illegitimate filiation of the representatives as qualified by the ruling in Aquino v. Aquino, G.R. Nos. 208912 and 209018, December 7, 2021

In the case of Aquino v. Aquino, G.R. Nos. 208912 and 209018, the Supreme Court held that a child whose parents did not marry each other can inherit from their grandparents by their right of representation, regardless of the grandparent’s marital status at the birth of the child’s parent.

Chain of Custody Rule

In the case of People of the Philippines v. Rosario, G.R. No. 235658, June 22, 2020, the Supreme Court held that to sustain a conviction for the offense of illegal sale or possession of dangerous drugs under R.A. No. 9155, it is of utmost importance to establish with moral certainty the identity of the confiscated drug. To remove any doubt or uncertainty on the identity and integrity of the seized drug, it must be shown that the substance illegally possessed or sold by the accused is the same substance offered and identified in court. This requirement is known as the Chain of Custody Rule under Republic Act No. 9165.

Establishments with less than ten employees: What are their employees’ benefits under the Labor Code?

Employees employed in establishments with less than ten (10) employees are entitled to most of the benefits provided in the Labor Code, and pertinent rules and regulations, except for the following:

Holiday Pay
Service Incentive Leave,
Retirement Pay* (for retail, service and agricultural establishments/operations regularly employing not more than ten (10) employees.)

The Supreme Court decides: Employers must show the payroll was submitted to and received by the bank to prove salary payment

In the case of PAL v. Ahmee et al. and Ahmee et al., v. PAL, the Supreme Court held that the submission by the employer of the payroll or bank advisory or the acknowledgment receipt by the bank constitutes substantial evidence of payment of the employees’ salaries and monetary benefits.

Jurisdiction of Labor Arbiter

Photo from Pexels | Timur Weber The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Read more about Jurisdiction of Labor Arbiter[…]

Writ of Amparo: A Rapid Judicial Relief for Extralegal Killings and Enforced Disappearances

The petition for a writ of amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.

The writ shall cover extralegal killings and enforced disappearances or threats thereof. (Section 1, A.M. No. 07-9-12-SC)

Political Questions Doctrine

Questions of policy or wisdom, oftentimes referred to as political questions, are defined as those questions which, under the Constitution, are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the Legislature or executive branch of the Government. It is concerned with issues dependent upon the wisdom, not legality, of a particular measure. (Tañada, et al. v. Cuenca, et al., G.R.No. 10520)