To ensure that a work pool arrangement is not used as a scheme to circumvent the employees’ security of tenure, the employer must prove that (i) a work pool in fact exists, and (ii) the members therein are free to leave anytime and offer their services to other employers.
There is no specifically prescribed means to resolve a conflict of laws problem; choice of law varies depending on the circumstances. Courts may employ the “state with the most significant relationship” test in determining choice of law.
In Proclamation No. 28, former President Diosdado Macapagal declared June 12 as Philippine Independence Day.
Double insurance exists when the same person is insured by several insurers separately in respect to the same subject and interest. (Sec. 95, Amended Insurance Code of the Philippines)
There is over insurance if the insured takes out an insurance over the property insured in an amount which is in excess of the value of his insurable interest. (Aquino, Essentials of Insurance, 2018, p. 283)
On April 1, 2016, petitioner Paolo Landayan Aragones (Aragones) was offered the position Swine Technical Manager – Pacific (STMP) by respondent Alltech Biotechnology Corporation (Alltech). On April 18, 2016, Aragones signed the Offer Letter dated April 1, 2016.
The Offer Letter outlines the terms and conditions for the position, including the commencement date of his employment which is July 1, 2016.
Foreign investment shall mean an equity investment made by a non-Philippine national in the form of foreign exchange and/or other assets actually transferred to the Philippines and duly registered with the Central Bank which shall assess and appraise the value of such assets other than foreign exchange.
The nationality of a corporation is determined by law and not by the corporation and/or its subsidiaries. It is the test or tests, as provided by law, that should prevail in determining the nationality of a corporation, and not its representations and/or those of its subsidiaries. (SEC-OGC Opinion No. 11-42 dated October 12, 2011)
Taxes cannot be the subject of compensation because the government and taxpayer are not mutually creditors and debtors of each other and a claim for taxes is not such a debt, demand, contract or judgment as is allowed to be set-off.
Republic Act No. 11659 or An Act Amending Commonwealth Act No. 146, otherwise known as the Public Service Act, as amended, was signed into law on March 21, 2022. One of the notable features of this law is the inclusion of a definition for “Public Utility”, a term that was undefined in both the 1987 Constitution and the old Public Service Act.
Every corporation incorporated under the Revised Corporation Code (RCC) has the power and capacity to adopt bylaws, not contrary to law, morals or public policy, and to amend or repeal the same. The RCC provides the voting requirements for the adoption, amendment, and repeal of bylaws.
