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

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The Supreme Court decides: A marriage officiated by someone without legal authority is generally void—but not if one or both spouses genuinely believed that the person had the authority to solemnize the marriage.

Article 35 (2) of the Family Code provides that marriages officiated by person with no legal authority are considered void, except if one or both parties to the marriage believed in good faith that the officer had legal authority to solemnize the marriage.

Retired from SSS, and still working?

Under R.A. No. 11199 or the Social Security Act of 2018, a member who has paid at least one hundred twenty (120) monthly contributions prior to the semester of retirement and who (1) has reached the age of sixty (60) years and is already separated from employment or has ceased to be self-employed, or (2) has reached the age of sixty-five (65) years, shall be entitled to retirement benefits for as long as he lives to a monthly pension, provided that he may opt to receive his first eighteen (18) monthly pensions in lump sum, discounted at a preferential rate of interest to be determined by the SSS.

Duty of loyalty by the corporate directors

A person cannot serve two masters without detriment to one of them. It is from this basic human frailty that the doctrine of corporate opportunity was recognized and laws were put in place to deter corporate officers from using their position of trust and confidence to further private interests. (TOPROS, Inc. v. Chang, Jr., G.R No. 200070-71, December 7, 2021)

How to register your corporation with the SEC

Every starting entrepreneur has to consider the business organization that will carry out the business he is about to establish. Considering that there are several ways by which a business may be organized, one has to at least be familiar, if not equipped with full working knowledge, as to the nature and characteristics of each of his options, and how it will affect the way he does business. Among the options that an entrepreneur may choose is to form a corporation, which is defined by law. Among the options that an entrepreneur may choose is to form a corporation, which is defined by law as an artificial being created by operation of law, having the right of succession and the powers, attributes, and properties expressly authorized by law or incidental to its existence (Sec. 2 of the Revised Corporation Code).

Marital Rape (Insights from People of the Philippines v. Jumawan)

Husbands do not have property rights over their wives’ bodies. Sexual intercourse, albeit within the realm of marriage, if not consensual, is rape. This is the clear State policy expressly legislated in Section 266-A of the Revised Penal Code (RPC), as amended by Republic Act No. 8353 or the Anti-Rape Law of 1997.

How foreign corporations can do business in the Philippines

Our country endeavors to attract, promote and welcome productive investments from foreign entities, in activities which significantly contribute to national industrialization and socio-economic development to the extent that foreign investment is allowed in such activity by the Constitution and relevant laws (Sec. 2, R.A. No. 8179). With this, many foreign corporations choose to invest by engaging in business in the Philippines. In doing so, however, our laws have imposed certain conditions before foreign corporations may legally operate their enterprises in the country.

The Supreme Court decides: Police officers’ failure to state with accuracy the actual denomination of bets amounts to reasonable doubt

In our criminal justice system, the overriding consideration is not whether the court doubts the innocence of the accused, but whether it entertains a reasonable doubt as to their guilt. Where there is no moral certainty as to their guilt, they must be acquitted even though their innocence may be questionable. The constitutional right to be presumed innocent until proven guilty can be overthrown only by proof beyond reasonable doubt.

Long-term foreign lease over lands in the Philippines

Many foreigners find the Philippines to be an attractive place to invest their money, and to establish their own enterprises. Because of the relative affordability of organizing a business in our country, there is no reason why the Philippines cannot be transformed into an investment hub of various countries in this part of the globe. We could also throw in the fact that investors from English speaking countries find it easy to adapt in the Philippines because of the Filipinos’ fluency in speaking their language. All of these factors contribute in making our country a bright investment prospect.