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

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WHEN CAN A MEMBER OF THE HOMEOWNERS’ ASSOCIATION BECOME A DELINQUENT?

Under the 2024 Implementing Rules of Magna Carta for Homeowners and Homeowners’ Associations (RA 9904), a delinquent member or member not in good standing shall refer to a member who has been declared as such after due notice and hearing on the basis of the grounds and in accordance with the procedures set forth under the bylaws and/or existing policies of the association or, in lieu thereof, under this Rules.

Totality of Infractions Rule

In determining the sanction imposable on an employee, the employer may consider the former’s past misconduct and previous infractions. Also known as the principle of totality of infractions. However, while the rule permits employers to consider an employee’s history of violations, jurisprudence also sets limits on how past offenses may justify dismissal. Previous offenses may be used as valid justification for dismissal only if they are related to the subsequent offense upon which the basis of termination is decreed, or if they have a bearing on the proximate offense warranting dismissal.

Catching the TRAIN through Tax Amnesty Act: An Overview of Republic Act No. 11213, otherwise known as the Tax Amnesty Act of 2018

Among the laws enacted in year 2017 was Republic Act. No. 10963 or the Tax Reform for Acceleration and Inclusion (TRAIN) Act. TRAIN Law aims to make the tax system simpler, fairer, and more efficient. Further, it seeks to address several weaknesses of the old tax system by lowering and simplifying personal income taxes, simplifying estate and donor’s taxes, expanding the value-added tax (VAT) base, adjusting oil and automobile excise taxes, and introducing excise tax on sugar-sweetened beverages (What is the COMPREHENSIVE TAX REFORM). If continuously implemented, TRAIN Law may be employed to accelerate poverty reduction. In view of this, we welcome the passage of the Republic Act. No. 11213 or the Tax Amnesty Act. The law is meant to complement TRAIN Law. With the Tax Amnesty Act, taxpayers will be given the opportunity to settle outstanding tax liabilities, particularly those long idle estate properties and move forward and spur economic growth in the Philippines.

Is a part time worker entitled to a holiday pay?

Technological progress, improved methods of production and division of labor are among the reasons which led to new developments in the distribution of working hours in a day, in a week or in a year. The new trends in the pattern of working time have been reflected in the scheduling and staggering of working time. In the Philippines, the most common type of these schemes is part-time work. (DOLE Explanatory Bulletin on Part-Time Employment)

Age Requirements as found in the Provisions of the Civil Laws of the Philippines in Entering into Various Contracts February 27, 2019

Age is a basic requirement for all the dealings in life, interestingly, there are different age thresholds for a person to be able to do acts with legal effects. Age requirement differs as to the purpose of an act and other given circumstances. Basically, in entering into an ordinary contract, a minor cannot enter into legal transactions as they cannot lawfully give consent to a contract.

The Supreme Court Decides: Petitioner is not entitled to permanent and total disability benefits but only to Grade 12 disability benefits as found by the company-designated doctors

As mandated under the POEA-SEC, as amended by POEA Memorandum Circular No. 10, Series of 2010, upon repatriation, the seafarer concerned shall be examined and treated by the company-designated physician. If the seafarer disagrees with the final assessment of the company-designated physician, the former may procure a second opinion from a physician of his or her choice. In case of a conflicting assessment, the parties may resort to a third doctor.