The following posts do 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 your own lawyer to address your legal concerns, if any.
Joint venture is an organization formed for some temporary purpose.
A joint venture, therefore, is akin to a partnership, the essential elements of which are as follows:
(1) an agreement to contribute money, property, or industry to a common fund; and
(2) an intent to divide the profits among the contracting parties.
(Carlos Valdes vs. La Colina Development Corporation, G.R. No. 208140, July 12, 2021)
The General Manager of Filipino Society of Composers, Authors and Publishers (FILSCAP) said that “”If we are to be strict about it, song covers uploaded on the internet is illegal. Copyrighted music cannot be played or performed to the public without permission. They’re not supposed to, without a license”.
In all criminal prosecutions, the accused shall enjoy the right to be informed of the nature and cause of the accusation against him. (Section 14, par. 2, Article III, 1987 Constitution)
Habeas corpus plays a vital role in protecting constitutional rights. (Slack v. McDaniel, 529 U.S. 473 (2000)) It is “a proceeding against some person who has the immediate custody of the party detained, with the power to produce the body of such party before the court or judge, that he may be liberated if no sufficient reason is shown to the contrary.” (Wales v. Whitney, 114 U.S. 564 (1885)) Habeas corpus does not compensate for past wrongful incarceration, nor does it punish the State for imposing it. Instead, it is a challenge to unlawful custody, and when the writ issues it prevents further illegal custody. (Lindh v. Murphy, 521 U.S. 320 (1997)
Settled is the rule that in actions based on quasi-delict, it is incumbent upon the plaintiff to prove the presence of the foregoing elements by preponderance of evidence. They cannot rely on mere allegations but must present such evidence more convincing as worthy of belief than that which is offered in opposition thereto.
In this case, however, while the death certificate shows the damage or injury sustained by Adelaida, specifically, cerebral hemorrhage and severe hypertension, the totality of the evidence failed to establish the second and third elements of a quasi-delict.
Private property shall not be taken for public use without just compensation. (Section 9, Article III, 1987 Constitution)
Just compensation is the full and fair equivalent of the property taken from its owner by the expropriator.
The Second Week of July of every year is declared as the Cultural Communities Week, pursuant to Proclamation No. 250, series of 1988.
The bona-fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic duty shall not terminate employment. In all such cases, the employer shall reinstate the employee to his former position without loss of seniority rights if he indicates his desire to resume his work not later than one (1) month from the resumption of operations of his employer or from his relief from the military or civic duty. (Article 301, Labor Code)
It is imperative to strike a balance between the employees’ tenurial security on the one hand, and the employer’s management prerogative, on the other. (Automatic Appliances, Inc., et al. v. Francia Deguidoy, G.R. No. 228088, December 04, 2019)
The petitioner did not establish with substantial evidence her employment with M.I.Y. The Supreme Court ruled that the existence of an employer-employee relationship is determined by employing a two-tiered test: the four-fold test and the economic dependence test. The petitioner failed to establish the four-factors in the four-fold test. Subsequently, the Court Court only applies the economic dependence test when the control test is insufficient.
