Archive for July, 2006

General Information Sheet (GIS) prescribed form

The General Information Sheet (GIS) is one of the documents required to be submitted to the SEC on a yearly basis.
As pescribed in SEC Circular No. 5 (2006), starting 1 April 2006, only filings that conform to the format of the official GIS form shall be accepted by SEC. Any deviation shall be considered as [...]

Excessive and Unconscionable Interest Rates

Everybody knows about “5-6″ and similar lending schemes. Everybody also knows that, ironically, those who are in financial trouble are forced to accept ridiculously high interest rates - which, in many (almost all?) instances, leads to more trouble (financial or otherwise).
Indeed, with the suspension of the Usury Law and the removal of interest ceilings, [...]

Computation of pay for holidays: Regular, special non-working, special working

One of the more confusing matters, for employees and HR people alike, is the computation of holiday pay, complicated by the fact that there are different “kinds” of holidays. This is cleared by Memorandum Circular No. 1 of the Department of Labor and Employment (DOLE), the full text of which is reproduced and discussed [...]

Probationary employment

Who is a probationary employee?
A probationary employee is one who, for a given period of time, is being observed and evaluated to determine whether or not he is qualified for permanent employment. A probationary appointment affords the employer an opportunity to observe the skill, competence and attitude of a probationer. The word “probationary”, [...]

Forced Early Retirement

Can management, pursuant to a stipulation in a Collective Bargaining Agreement (CBA), retire an employee who has not yet reached the minimum compulsory retirement age under the Labor Code?

Illegitimate child may now use father’s surname

An illegitimate child (born outside of a valid wedlock), prior to the enactment of the new law, may only use the surname of the mother and, regardless of any circumstances, is prohibited from using the father’s surname (Article 176 of the Family Code). This provision, however, was subsequently amended.
Illegitimate children can now use their [...]

Theory of Relativity

(This is written by Judge Don Navarro, reproduced here with his express permission.)

I recently had the opportunity to ask Justice Hilarion Aquino about remedies available to an offended party where the information had been dismissed outright for lack of probable cause (see Got Cause?).
A hot topic of discussion among judges that they couldn’t resolve by [...]

Guidelines in Psychological Incapacity (Article 36, Family Code)

Psychological incapacity, which a ground for annulment of marriage (which is different from divorce), contemplates downright incapacity or inability to take cognizance of and to assume the basic marital obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant spouse. Irreconcilable differences, conflicting personalities, emotional immaturity and [...]