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Is preventing an employee from reporting to work without a valid reason considered an illegal dismissal? (Amor et al. v. Constant Packaging Corporation, G.R. No. 259988, May 18, 2025)

The act of preventing an employee from reporting to work is considered dismissal, and the lack of just or authorized cause and procedural due process makes it illegal. When an employee is able and willing to work, and the employer arbitrarily prevents them from working for no known and valid reason, then there is illegal dismissal.

What you need to know before buying franchise in a legal perspective

Franchise agreements in the Philippines are not regulated by a single comprehensive statute. Instead, they are governed by a framework of general commercial and intellectual property laws. Standard franchise agreements in the Philippines contain clauses designed to protect the franchisor’s intellectual property and business integrity, which includes an IP license grant, quality control rights, and indemnification clauses.

Adverse Claim

An adverse claim serves as a notice to third parties that a person is asserting a claim or interest in registered land adverse to the registered owner, or to someone whose right is annotated on the certificate of title. This annotation is entered on the title to protect the claimant’s rights, particularly when no other provision of law is available for such protection. The adverse claim remains effective for thirty (30) days from registration, unless earlier cancelled by the Register of Deeds upon petition of the interested party or by court order. After expiration, it may be re-annotated if the claimant still believes in the validity of the claim.

What you need to know about the Bank Secrecy Law

R.A. No. 1405, also known as the Bank Secrecy Law, was created to encourage people to deposit their money in banking institutions, so that the same may be properly utilized by banks in authorized loans to assist in the economic development of the country. The money deposited in the bank may thus be used by the latter for legitimate purposes that will be beneficial to our economy.

The Supreme Court Decides: Foreclosure proceedings based on unfair interest rates should be annulled.

The unilateral imposition of interests, at such rate that the lender or mortgagee so pleases, cannot and should not be reason to justify a foreclosure sale. The mortgagor should be given a chance to pay their indebtedness at an interest rate clearly agreed upon by the parties, otherwise, they shall be at the mercy of their creditor, standing to lose their property without being afforded a fair opportunity to settle their indebtedness.

Notice of Lis Pendens

A notice of lis pendens is an annotation made on a certificate of title pursuant to Section 76 of Presidential Decree No. 1529 and Section 19, Rule 13 of the Rules of Court, to notify third persons that the property is the subject of a pending court proceeding. It functions as a legal warning to protect the rights of the party who instituted or is defending the action, ensuring that the court’s eventual decision will remain binding and enforceable against subsequent purchasers or encumbrancers.

Amendments in the Right-of-Way Act

The Accelerated and Reformed Right-of-Way (ARROW) Act amended the R.A. 10752, otherwise known as “The Right-of-Way Act,” which affirms that the private property shall not be taken for public use without just compensation. It shall ensure that owners of real property acquired for national government infrastructure projects and private infrastructure projects for public use are promptly paid just compensation, based on a nationally consistent real property valuation for a more expeditious acquisition of the required right-of-way for the projects.

How to Protect Yourself in case of Breach of Contract and What Actions to Take?

A breach of contract occurs when one party fails to fulfill the obligations agreed upon in the contract, without a valid legal justification. The Civil Code of the Philippines provides protection to the aggrieved party and offers several remedies to enforce or recover what is due. These include invoking the binding force of the contract, demanding fulfillment of the obligation, claiming damages, rescinding the contract in case of substantial breach, and filing a civil action before the proper court.