Author Archive for Atty. Fred

Employment of Night Workers: A Primer

Congress recently passed Republic Act No. 10151, signed into law by President Benigno Aquino on 21 June 2011, allowing the employment of night workers, including women. Here’s a primer on the Employment of Night Workers.

Primer on the Anti-Photo and Video Voyeurism Act of 2009 (RA 9995)

There’s an alarming rise in reported complaints of nude photos, mostly of women, being posted without the consent of the subjects in social networking sites such as facebook. There’s also a proliferation of sex scandals and sex videos. One of the usual complaints filed against the offenders is under Republic Act No. 9995, also known […]

Annulment in the Philippines: Questions and Answers (Part 5): Overseas Filipinos Edition

We already have four installments on this topic (refer to Part I, Part II, Part III , Part IV), as well as related posts on annulment, legal separation, declaration of nullity and divorce. We’re trying to cope with the numerous questions raised, but with our schedules, it’s impractical to answer the questions one by one. […]

Hostage-taking, Kidnapping and Serious Illegal Detention

Hostages and hostage-taking. We’ve heard these words in the unfortunate incident in the past few days. If the hostage-taker survived and he is charged, it would not be “hostage-taking”. Let’s have a basic discussion on the appropriate charge.

No One can be Imprisoned for Non-Payment of Debt

Perhaps you’ve heard someone making threats to file criminal cases against debtors who fail to pay. Yet you’ve heard the statement that no one can be imprisoned simply because of a debt. This is a basic principle and we thought we already have a discussion on this topic. We indeed have such discussion but we […]

Proclamation 1959: Martial Law in Maguindanao

MALACAÑANG Manila PROCLAMATION NO. 1959 PROCLAIMING A STATE OF MARTIAL LAW AND SUSPENDING THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS IN THE PROVINCE OF MAGUINDANAO, EXCEPT FOR CERTAIN AREAS WHEREAS, Proclamation No. 1946 was issued on 24 November 2009 declaring a state of emergency in the provinces of Maguindanao, Sultan Kudarat and the City […]

Appointive Officials Not Deemed Resigned upon Filing of CoC (Quinto vs. COMELEC)

The rule in elections, as people know it, is that an appointed official is deemed automatically resigned from their positions once he/she files the Certificate of Candidacy (CoC) for any elective position. This rule on automatic resignation does not apply to elected officials. There is now a new rule. Appointed officials are NO longer deemed […]

No more Violations for Premature Campaigning

Premature campaigning is now gone from our statute books. This is the effect of the Supreme Court resolution in Rosalinda Penera vs. Commission on Elections, G.R. No. 181613, 25 November 2009 (Justice Carpio, pontente).

FAQ on 13th Month Pay

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).

A brief discussion on Infidelity, Concubinage, Adultery and Bigamy

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 […]

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