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FAQ on 13th Month Pay

Published by Atty. Fred November 24th, 2009 in Corporate and Investments and Litigation and Labor Law. 6 Comments

What is 13th month pay?

It is a form of monetary assistance equivalent to the monthly basic compensation received by an employee, computed pro-rata according to the number of months within a year that an employee has rendered service to an employer (basic monthly pay/12 x number of months actually worked). Continue reading ‘FAQ on 13th Month Pay’

A brief discussion on Infidelity, Concubinage, Adultery and Bigamy

Published by Atty. Fred November 23rd, 2009 in Annulment and Legal Separation, Criminal Law and Family and Property Law. 22 Comments

We previously noted that infidelity is not, by itself, a ground for annulment, although it could be a basis for legal separation or filing a case for adultery/concubinage. As to custody, the Supreme Court already ruled that sexual infidelity, by itself, is not sufficient to grant custody over a child. Let’s continue the discussion on these concepts: Continue reading ‘A brief discussion on Infidelity, Concubinage, Adultery and Bigamy’

Immunity from Suit of an International Organization and its Officers

Published by Atty. Fred November 23rd, 2009 in Elections and Constitutional Law. 0 Comments

What is the concept of sovereign immunity in international law?

There are two conflicting concepts of sovereign immunity, according to the Supreme Court: (a) Classical or absolute theory — a sovereign cannot, without its consent, be made a respondent in the courts of another sovereign; and (b) Restrictive theory — the immunity of the sovereign is recognized only with regard to public acts or acts jure imperii of a state, but not with regard to private acts or acts jure gestionis. Continue reading ‘Immunity from Suit of an International Organization and its Officers’

Holiday Economics in the Philippines

Published by Atty. Fred November 3rd, 2009 in Corporate and Investments and Litigation and Labor Law. 1 Comment

We celebrate holidays to commemorate an event or a person of special significance to the country. While the declaration of holidays is supposed to bring unity, it sometimes results to confusion in the workplace, even if unintended. Continue reading ‘Holiday Economics in the Philippines’

Eid’l Adha (November 27-28): Regional Holiday

Published by jlp November 1st, 2009 in Corporate and Investments and Litigation and Labor Law. 2 Comments

(Malacanang earlier issued Proclamation 1808, declaring November 27 and 28, 2009 as “national holidays”, in observance of Eid’l Adha, one of Islam’s greatest feasts. Many were wondering why it’s a national holiday, when RA 9492 provides that it’s a regional holiday. Proclamation 1808-A was subsequently issued, providing that Eid’l Adha is a regional holiday in ARMM, not a national holiday. Full text below. ) ${#wordpress.wp_more_alt}$

MALACAÑANG
MANILA
BY THE PRESIDENT OF THE PHILIPPINES

PROCLAMATION NO. 1808-A

DECLARING 27 AND 28 NOVEMBER 2009 AS REGIONAL HOLIDAYS IN THE AUTONOMOUS REGION IN MUSLIM MINDANAO IN CELEBRATION OF THE FEAST OF EID’L ADHA

WHEREAS, RA No. 9492 provides that Eid’l Adha shall be celebrated as a regional holiday in the Autonomous Region in Muslim Mindanao;

WHEREAS, the Office on Muslim Affairs has confirmed that the feast of Eid’l Adha falls on 27 and 28 November 2009.

NOW, THEREFORE, I GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, do hereby declare 27 and 28 November 2009 as regional holidays in the Autonomous Region in Muslim Mindanao in celebration of the feast of Eid’l Adha.

This issuance effectively amends Proclamation No. 1808 (dated 12 April 2009).

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed.

Done in the City of Manila, this 26th day of October, in the year of Our Lord, Two Thousand and Nine.

(Sgd.) H.E. GLORIA MACAPAGAL-ARROYO

By the President:

(Sgd.) EDUARDO R. ERMITA
Executive Secretary

Eid’l Adha as National Holiday: Computation of Holiday Pay for November 27 and 28, 2009

Published by jlp October 29th, 2009 in Corporate and Investments and Litigation and Labor Law. 2 Comments

(Malacanang declared November 27 and 28, 2009 as “national holidays”, in observance of Eid’l Adha, one of Islam’s greatest feasts. Many were wondering if “national holiday” means a regular holiday or a special holiday. This is clarified in the Labor Advisory issued by DOLE. The full text of Proclamation No. 1808 and the DOLE Labor Advisory are reproduced below. Many were also wondering why it’s a national holiday, when RA 9492 provides that it’s a regional holiday. Proclamation 1808-A was subsequently issued, providing that Eid’l Adha is a regional holiday in ARMM, not a national holiday.) Continue reading ‘Eid’l Adha as National Holiday: Computation of Holiday Pay for November 27 and 28, 2009′

Dam Operator liable for Negligence in Flooding

Published by jlp October 14th, 2009 in Corporate and Investments and Family and Property Law. 1 Comment

The recent flooding recently caused by the heavy rainfall brought by Typhoons Ondoy and Pepeng has caused tremendous damage to life and property. Also recently, there are threats to sue the dam operators who were allegedly negligent in releasing water too late and without sufficient warning. Continue reading ‘Dam Operator liable for Negligence in Flooding’

Dean’s Cup: The UP Law Invitational Triathlon and Fun Run

Published by Atty. Fred August 27th, 2009 in Obiter/News. 0 Comments

Want to help a good (legal) cause and stay fit at the same time? Then the Dean’s Cup: The First UP Law Invitational Triathlon and Fun Run is for you. Continue reading ‘Dean’s Cup: The UP Law Invitational Triathlon and Fun Run’

Annulment in the Philippines: Questions and Answers (Part 4)

Published by Atty. Fred August 17th, 2009 in Annulment and Legal Separation. 32 Comments

This is part of the continuing installment of discussions on annulment or declaration of nullity. We cannot answer each question because of certain limitations. Related questions are lumped and discussed in general. Before posting a question, kindly search the related articles in this site. Otherwise, please be patient and wait for future discussions that may be related to your query. Continue reading ‘Annulment in the Philippines: Questions and Answers (Part 4)’

Lack of parental consent or parental advice: Effect on validity of marriage

Published by Atty. Fred August 17th, 2009 in Annulment and Legal Separation. 10 Comments

I was 20 years old when I got married, but my parents didn’t know that I was married. Is my marriage valid? A number of discussions, through the comments in various posts, center on the validity of marriage without the knowledge or consent of parents. Let’s have a general discussion on this one. Continue reading ‘Lack of parental consent or parental advice: Effect on validity of marriage’