Marriage is a special contract, their terms and conditions are not merely subject to the stipulations of the contracting parties but are governed by law. The Family Code provides for the essential as well as formal requisites for the validity of marriage. (Tilar v. Tilar, G.R. No. 214529, July 12, 2017)
In the case of Anido v. Republic of the Philippines, G.R. No. 253527, October 21, 2024, the Supreme Court ruled that the foreign law that must be proven by a party who seeks the recognition of a divorce decree or judgment must be the law of the country or state that issued it. The applicant must prove the law of the foreign court, office, or tribunal to show that it had competence or jurisdiction to issue the foreign decree or judgment, and that the latter is valid and binding in the country or state from which it originates.
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.
Article 2154 of the Civil Code explains the concept of the quasi-contract of solutio indebiti:
“Art. 2154. If something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return it arises.”
The principle of unjust enrichment applies to actions known as accion in rem verso. An accion in rem verso, however, is merely an auxiliary action. It available only when there is no other remedy on contract, quasi-contract, crime, and quasi-delict.
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.
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.)
Under the Safe Harbor Provision of the Anti-Money Laundering Act (AMLA), as amended, persons who file covered or suspicious transaction reports in the regular performance of their duties and in good faith shall not be subject to any administrative, criminal, or civil proceedings.
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.
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[…]
