Archive Page 16

Apprenticeship; On-the-Job Training (OJT)

Question: Anybody knows any statutory requirements for hiring OJTrainees?

This is posted for discussion purposes. This is not a complete listing of all applicable provisions and any additions are most welcome (for tips on how to do online legal research, go here). Let’s start with Book II, Title II, Chapter I (Apprentices) of the Labor Code: Continue reading ‘Apprenticeship; On-the-Job Training (OJT)’

DTI disallows higher price of purchases paid through cards

Last month, the Department of Trade and Industry (DTI) issued Administrative Order No. 10 (series of 2006), which prohibits, among others, the imposition of a surcharge, extra charge or additional charge in the use of credit cards, automated teller machine (ATM) cards and debit cards for payment of purchases of consumer products or services. In other words, stores cannot impose any extra charges on top of the cash price for purchases of goods or services paid via credit card. Violators face a penalty of imprisonment of up to six months. Here’s the full text of Administrative Order No. 10. It takes effect 15 days from publication.

Overseas Filipino Workers Empowerment Forum

Bong Amora of the OFW Empowerment has just annouced that the “OFW Empowerment Forum” is now activated and online. This Forum shall serve as a discussion board for OFW issues and concerns, with the declared purpose of “Empowering Overseas Filipinos through Economic and Political means”. You can read the invitation, go to the Forum or register.

Senate of the Philippines vs. House of Representatives

Now that the Supreme Court has dismissed the petition of Lambino et.al., it is expected that the same petitioners through the President’s allies in the Lower House would finally resort next to the other mode in the amendatory process, i.e. proposal by the Congress, upon a vote of three-fourths of all its members (Sec. 1, Art. XVII, 1987 Constitution).

Significantly, however, the phrase voting separately, which appears elsewhere in the Constitution (Sec. 4, 9 and 11, Art. VII and Sec.23, Art. VI), is nowhere to be found in the provisions of Article XVII (Amendment or Revision of the Constitution). It is also interesting to note that the Constitution unequivocally requires voting jointly when Congress wants to revoke a declaration of martial law or a suspension of the privilege of the writ of habeas corpus (Sec. 18, Art. VII). The latter provision further heightens the ambiguity. The textual ambiguity of Sec.1, Art. XVII thus raises a question of whether or not the Senate and House of Representatives should vote jointly or separately. Continue reading ‘Senate of the Philippines vs. House of Representatives’

Task force to target credit card fraudsters

The PIA reports that the President issued Executive Order No. 573, creating an Anti-Fraud Task Force composed of the National Bureau of Investigation (NBI) and the Philippine National Police (PNP) to strengthen Republic Act 8484, or the “Access Device Regulation Act of 1998″. Continue reading ‘Task force to target credit card fraudsters’

Lambino, et al. vs. COMELEC (G.R. No. 174153, 25 October 2006) - Digest

On 15 February 2006, the group of Raul Lambino and Erico Aumentado (”Lambino Group”) commenced gathering signatures for an initiative petition to change the 1987 Constitution. On 25 August 2006, the Lambino Group filed a petition with the Commission on Elections (COMELEC) to hold a plebiscite that will ratify their initiative petition under Section 5(b) and (c) and Section 7 of Republic Act No. 6735 or the Initiative and Referendum Act. The proposed changes under the petition will shift the present Bicameral-Presidential system to a Unicameral-Parliamentary form of government. Continue reading ‘Lambino, et al. vs. COMELEC (G.R. No. 174153, 25 October 2006) - Digest’

Better

You may have noticed that during the past days (weeks, really), there’s a problem with the site. The body of each entry is gone. I messed up the codes - mea culpa. MiW’s Mark was able to rescue the site and you can now read the entries, but the format is back to basics. Hopefully, the site will be back up sooner (and better) so we can continue with our discussions. Continue reading ‘Better’

An invitation to write at the Philippine e-Legal Forum

The stated purpose of this law blog or blawg is to disseminate legal information for the general public (at the very least, those with internet access), in a manner consistent with the plain language initiative. We don’t pretend that such coverage is extensive, as the internet penetration index of the Philippines is admittedly low. Nevertheless, we have to start somewhere. Continue reading ‘An invitation to write at the Philippine e-Legal Forum’

Management and HR Tools

One of the major concerns of employers is labor, and it doesn’t matter if the employer is a big corporation with a Human Resources (HR) department or simply an entrepreneur/small and medium enterprise (SME). The employer hires, pays, manages, disciplines and fires employees. Problems inevitably arise in the process, and, based on the full-packed hallways that I regularly go through at the National Labor Relations Commission (NLRC), these problems are not diminishing.

Continue reading ‘Management and HR Tools’

Surveys - Shift to Parliamentary System and the Death Penalty

Among the burning issues of the day is the merits of the move to shift from the current Presidential system to a Parliamentary system. You’ve heard the arguments; it’s time for you to let us hear your opinion. Check the survey at the left-bottom part of this blawg - Survey 2: Presidential to Parliamentary System - Are you in favor of the move to shift the form of government from Presidential to Parliamentary?

The other survey concerns the Death Penalty, which had been abolished this year. Survey 1: The Death Penalty - Are you in favor of bringing back the Death Penalty?