You may be aware that Republic Act No. 7877, also known as the Anti-Sexual Harassment Act of 1995, provides for criminal sanctions or penalties for acts constituting sexual harassment. You may not be aware, however, that the law also requires the employers or the head of the covered institutions to prevent or deter the commission of acts of sexual harassment and to provide for procedures for resolution, settlement or prosecution of acts of sexual harassment. They are required to: Continue reading ‘Employers’ duty under the Anti-Sexual Harassment Act’
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Employers’ duty under the Anti-Sexual Harassment Act
Published by September 29th, 2006 in Criminal Law and Litigation and Labor Law. 1 CommentInfidelity of the mother in child custody cases
Published by September 27th, 2006 in Family and Property Law. 16 CommentsIs infidelity sufficient to deprive a mother of custody over her child?
The law categorically provides that no child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise (Article 213, Family Code). In other words, the law presumes that the mother is the best custodian, Continue reading ‘Infidelity of the mother in child custody cases’
The Anti-Rape Law of 1997
Published by September 25th, 2006 in Criminal Law and Litigation and Labor Law. 2 CommentsThe Subic Rape Case again puts the spotlight on the crime of rape. As comments on the merits of the case are not allowed, let’s just discuss the crime of rape.
Rape is governed by Article 335 of the Revised Penal Code (RPC), which was amended on 22 October 1997 by Republic Act No. 8353, also known as the “Anti-Rape Law of 1997“. Among the innovations under R.A. 8353 are the following: Continue reading ‘The Anti-Rape Law of 1997′
What’s in a name? Change of name without going to court
Published by September 22nd, 2006 in Family and Property Law. 10 CommentsA name, according to the Supreme Court in a 2005 case, has two parts: (1) the given or proper name and (2) the surname or family name. The given or proper name is that which is given to the individual at birth or at baptism, to distinguish him from other individuals. The surname or family name is that which identifies the family to which he belongs and is continued from parent to child. Parents are free to select the given name of their child, but the law fixes the surname to which the child is entitled to use. Continue reading ‘What’s in a name? Change of name without going to court’
Supreme Court news: ‘Unusual, Unprecedented’ 30 Days
Published by September 21st, 2006 in Obiter/News. 0 CommentsAs reported at the Supreme Court website, all 15 Supreme Court justices are gearing up to hear a total of 10 cases on oral arguments – marking an unusual, unprecedented 30 days in the Court calendar. Today, September 21, the High Tribunal will hear oral arguments on three cases: Continue reading ‘Supreme Court news: ‘Unusual, Unprecedented’ 30 Days’
Labor-only contracting, independent job contracting
Published by September 21st, 2006 in Litigation and Labor Law. 0 CommentsJob contracting now appears to be the workplace trend. While job contracting has its positive aspects, the explanatory note of House Bill No. 380 asserts that workers hired by agencies through the job contracting scheme are the most underpaid, neglected and oppressed among the country’s labor force. To jumpstart the debate on this assertion, let’s discuss the basic concepts in labor-only contracting and independent job contracting. Continue reading ‘Labor-only contracting, independent job contracting’
Consumer protection in electronic banking (e-banking), e-commerce
Published by September 20th, 2006 in Banking. 1 CommentThe Bangko Sentral ng Pilipinas (BSP) recently issued Circular No. 542, providing for consumer protection for electronic banking. The salient features of Circular No. 542 are:
1. With the growth of e-banking and e-commerce, banks should use reliable methods of originating new customer accounts, ensuring strict adherence to the usual “KYC” or “know your clients” requirements.
2. The Circular spells out the minimum security measures that a bank should employ in its automated teller machine (ATM) facilities and internet or mobile banking activities to protect depositors and consumers from fraud, robbery and other e-banking crimes.
Continue reading ‘Consumer protection in electronic banking (e-banking), e-commerce’
Excessive and unconscionable interest rate
Published by September 19th, 2006 in Banking and Corporate and Investments. 6 CommentsWith the suspension of the Usury Law and the removal of interest ceilings, the parties are generally free to stipulate the interest rates to be imposed on monetary obligations. As a rule, the interest rate agreed by the creditor and the debtor is binding upon them. This rule, however, is not absolute.
In a recent case, the SC again dealt with the validity of interest agreed by the parties, stating that: Continue reading ‘Excessive and unconscionable interest rate’
Basic concepts in estate proceedings and estate tax
Published by September 19th, 2006 in Family and Property Law, Special Projects and Tax and Estate Law. 13 CommentsAmong the inescapable facts in life, something which everyone shares regardless of status, race, sex or creed, is death. A person may leave properties (or liabilities) upon death, so a discussion on the basic concepts on estate proceedings is in order.
Inheritance - Inheritance includes all the property, rights and obligations of a person which are not extinguished by his death. (Civil Code, Art. 776) Continue reading ‘Basic concepts in estate proceedings and estate tax’
Primer on Separation of Powers, Inquiry in Aid of Legislation
Published by September 18th, 2006 in Elections and Constitutional Law. 7 CommentsWhat is the concept of separation of powers?
There are three branches of the government – legislative, executive and judicial. Each department of the government has exclusive cognizance of the matters within its jurisdiction, and is supreme within its own sphere. But it does not follow from the fact that the three powers are to be kept separate and distinct that the Constitution intended them to be absolutely unrestrained and independent of each other. The Constitution has provided for an elaborate system of checks and balances to secure coordination in the workings of the various departments of the government. Continue reading ‘Primer on Separation of Powers, Inquiry in Aid of Legislation’
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