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

contact

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

Who may impugn the legitimacy of the child?

Legitimacy and filiation are two different concepts. Therefore, while the law grants the husband the sole right to impugn his child’s legitimacy, the same child may bring an action to establish that she is not filiated to her mother’s husband. (James Cua Ko v. Republic of the Philippines, G.R. No. 210984, April 12, 2023)

When Can An Employee Validly Refuse An Employer’s Order?

Employees may validly refuse an employer’s order only when the order is unreasonable, unlawful, immoral, impossible, or unrelated to their job duties. In contrast, refusal of a lawful and reasonable order may constitute willful disobedience or insubordination, which is a just cause for dismissal under the Labor Code.

The Supreme Court Decides: As a general rule, only the employer-corporation, and not its officers, may be held liable for illegal dismissal of employees. The exception applies when corporate officers acted with bad faith.

Willful disobedience or insubordination requires the concurrence of two (2) requisites: (1) the employee’s assailed conduct must have been willful which is characterized by a wrongful and perverse attitude; and (2) the order violated must have been reasonable, lawful, made known to the employee, and must pertain to the duties which he had been engaged to discharge.

What are the cases covered by the Single Entry Approach (SEnA)

Photo from Pexels | Tima Miroshnichenko 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 What are the cases covered by the Single Entry Approach (SEnA)[…]

Why Should You Register Your Business?

Registering your business name is both a legal requirement and a protective measure for the public and the business owner. It ensures transparency, avoids confusion, and helps establish the owner’s accountability. For sole proprietorships, complying with Republic Act No. 3883 provides a lawful foundation for conducting business in the Philippines and upholds the integrity of commercial transactions.

Anti-Graft and Corrupt Practices Act, as amended by RA 10910

Public office is a public trust. Public officers and employees must, at all times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency; act with patriotism and justice, and lead modest lives. (Article XI, Section 1 of the 1987 Constitution)

Public officers and employees hold in trust powers that they exercise in behalf of the public. Hence, they are held to higher standards than ordinary citizens to keep the people’s faith in the State. (Neri v. Office of the Ombudsman, G.R. No. 212467, July 5, 2021)

How to Know if You Are Getting the Right Salary?

Knowing whether you are receiving the right salary means understanding both the legal minimum wage and the actual value of your work. By staying informed about government wage laws, reviewing your job responsibilities, and checking for mandatory benefits, you can better protect your rights and ensure fair compensation.

Fair wages are not just a legal requirement, they are essential to maintaining dignity, fairness, and economic security for every worker.

Marital Privilege Rule vs. Marital Disqualification Rule

The Marital Disqualification Rule and Marital Privilege Rule are legal principles under the Rules of Court designed to protect the confidentiality of communications and testimony between the spouses during marriage.

Both rules aim to protect the sanctity of marriage and domestic harmony. The Marital Privilege Rule emphasizes the protection of confidential communications during and even after marriage, while the Marital Disqualification Rule restricts testimony during marriage primarily to prevent perjury and preserve marital harmony. In both rules, the exceptions, civil cases between spouses and criminal cases where one spouse harms the other or their direct descendants/ascendant, ensure that legal accountability is maintained without undermining the institution of marriage.

The Supreme Court Decides: Reinstatement presupposes that the previous position from which the employee has been removed is still in existence or there is an unfilled position of a nature, more or less, similar to the one previously occupied by said employee.

Reinstatement presupposes that the previous position from which the employee has been removed is still in existence or there is an unfilled position of a nature, more or less, similar to the one previously occupied by said employee.