Share What is the writ of amparo? It is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ covers extralegal killings and [...]
Archive for the 'Litigation and Labor Law' Category
Writ of Amparo: Questions and Answers
Published by September 27th, 2007 in Elections and Constitutional Law and Litigation and Labor Law. 1 CommentRule on the Writ of Amparo (A.M. No. 07-9-12-SC; full text)
Published by September 27th, 2007 in Elections and Constitutional Law, Litigation and Labor Law and Obiter/News. 2 CommentsShare (The Supreme Court already approved the Rule on the Writ of Amparo [A.M. No. 07-9-12-SC, 25 September 2007], which is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or [...]
Preliminary Investigation in Criminal Cases
Published by September 17th, 2007 in Criminal Law and Litigation and Labor Law. 7 CommentsShare At the outset, let’s remove any possibility of misunderstanding that may be caused by the title of this post. The reference to a “preliminary investigation in criminal cases” does not imply that there’s a preliminary investigation in civil cases – there’s none. Preliminary investigation is a part of the rules of criminal procedure. Simply [...]
Long August weekends ahead; computation of holiday pay
Published by August 1st, 2007 in Litigation and Labor Law. 1 CommentShare What some call as “holiday economics” will be felt, doubly felt, this month of August. Congress passed a new law (RA 9492), providing for “movable holidays”. Two movable holidays fall on the month of August – Ninoy Aquino Day Monday nearest August 21, which is August 20) and National Heroes Day (last Monday of [...]
R.A. 9492 – holiday economics, movable holidays
Published by July 26th, 2007 in Corporate and Investments, Litigation and Labor Law and Obiter/News. 9 CommentsShare Maybe you’ve heard of the new law (Republic Act No. 9492) that seeks to “rationalize” the celebration of national holidays in the Philippines. The new law makes majority of the holidays “movable” to Mondays. In the event the holiday falls on a Wednesday, the holiday will be observed on the Monday of the week. [...]
Credit cards and unfair collection practices
Published by June 23rd, 2007 in Banking and Litigation and Labor Law. 6 CommentsShare There are a number of good reasons in favor of having and using a credit card. Still, we all know the possible adverse results in the unchecked use of “plastics” or credit cards, such as this one: THERE’S a credit-card horror story that’s become some sort of an urban legend: A television personality, after [...]
Additional Rules on Temporary Restraining Orders (TRO) on Foreclosures of Real Estate Mortgage
Published by February 27th, 2007 in Corporate and Investments, Litigation and Labor Law and Obiter/News. 3 CommentsShare The Supreme Court has issued additional guidelines on the issuance of temporary restraining orders or writs of preliminary injunctions enjoining foreclosures of real estate mortgages. The additional rules will take effect on March 10, 2007. Here’s the full text of AM No. 99-10-05-O (Re: Procedure in Extrajudicial Or Judicial Foreclosure of Real Estate Mortgages, [...]
The By-Stander Rule: The Role of the Company in Certification Elections
Published by December 15th, 2006 in Litigation and Labor Law. 2 CommentsShare A certification election is the most democratic and expeditious method by which the laborers can freely determine the union that shall act as their representative in their dealings with the establishment where they are working. It is the appropriate means whereby controversies and disputes on representation may be laid to rest, by the unequivocal [...]
Indigent or Pauper Litigant: Rules in Determining Status
Published by November 14th, 2006 in Litigation and Labor Law. 6 CommentsShare Anyone who has ever struggled with poverty knows how extremely expensive it is to be poor. - James Baldwin This is the opening phrase of a recent decision penned by Justice Velasco involving the rules on indigent parties, summarized as follows: The rules on indigent litigants, therefore, if the applicant for exemption meets the [...]
Christmas Bonus vs. 13th Month Pay
Published by November 10th, 2006 in Litigation and Labor Law. 17 CommentsShare With the Christmas season (together with the requisite countdowns, shopping lists and family reunions) fast approaching, one thing is slowly creeping into the consciousness of the great host of salaried employees in the country – the Christmas Bonus. Indeed, many a gift is being thought of and many a budget is being drawn-up in [...]
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