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

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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 resigned upon the filing of the CoC. This is the ruling of the Supreme Court in Eleazar Quinto vs. COMELEC, G.R. No. 189698, 1 December 2009. Continue reading →

Revised Rule on Children in Conflict with the Law

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Administrative Matter No. 02-1-18-SC
REVISED RULE ON CHILDREN IN CONFLICT WITH THE LAW

Section 1. Applicability of the Rule. – This Rule shall apply to all criminal cases involving children in conflict with the law.

A child in conflict with the law is a person who at the time of the commission of the offense is below eighteen years old but not less than fifteen (15) years and one (1) day old.

This Rule shall not apply to a person who at the time of the initial contact as defined in Sec. 4(q) of this Rule shall have reached the age of eighteen (18) in which case, the regular rules on criminal procedure shall apply without prejudice to the rights granted under Secs. 53, 54, 55 and 56 of this Rule. Continue reading →

FAQ on 13th Month Pay

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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 →

Immunity from Suit of an International Organization and its Officers

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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 →

Holiday Economics in the Philippines

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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 →

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

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(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. )

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

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(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 →

Dam Operator liable for Negligence in Flooding

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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 →