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No to Yellow Dogs: Yellow Dog Contract is an Unfair Labor Practice

According to the case of PEPSI-COLA PRODUCTS PHILIPPINES, INC. vs. ANECITO MOLON G.R. No. 175002, February 18, 2013, unfair labor practice (ULP) refers to acts that violate the workers’ right to organize. The prohibited acts are related to the workers’ right to self-organization and to the observance of a CBA. Without that element, the acts, no matter how unfair, are not unfair labor practices.

Can a Contract to Sell be considered as a Conditional Contract of Sale?

A contract to sell may not be considered as a conditional contract of sale where the seller may likewise reserve title to the property subject of the sale until the fulfillment of a suspensive condition, because in a conditional contract of sale, the first element of consent is present, although it is conditioned upon the happening of a contingent event which may or may not occur. (Ace Foods, Inc., v. Micro Pacific Technologies Co. LTD, G.R. No. 200602, December 11, 2013)

Can you Partially Pay a Contact to Sell?

Article 1378 of the Labor Code of the Philippines provides that in cases of doubt in the interpretation of onerous contracts, the interpretation should be made in a way that is fair for the parties involved. In this case, the seller was allowed to retain partial payments as just compensation for the buyer’s use of the property even after the contract has been cancelled.

Implied New Lease (Buce vs. Sps. Galeon, G.R. No. 222785, March 2, 2020)

In the above-entitled case, the Supreme Court discussed the elements of an implied new lease under Article 1670 of the New Civil Code of the Philippines, to wit:

(a) the term of the original contract of lease has expired;
(b) the lessor has not given the lessee a notice to vacate; and
(c) the lessee continued enjoying the thing leased for 15 days with the acquiescence of the lessor.

eCAR Expiry Ended: No More Expiration for Electric Certificate Authorizing Registration issued for Transferring Real Property (BIR RR 12-2024)

Photo from Pexels | On Shot The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Read more about eCAR Expiry Ended: No More Expiration for Electric Certificate Authorizing Registration issued for Transferring Real Property (BIR RR 12-2024)[…]

Key Takeaways from the New Government Procurement Act (Part XIII)

Under Section 89 of the New Government Procurement Act, all bid prices shall be considered as fixed prices, and therefore not subject to price escalation during contract implementation. In the event of an extraordinary increase in prices of specific components of the Infrastructure Project, price escalation may be considered, subject to prior approval of the Government Procurement Policy Board (GPPB). If the cost of construction components increases by more than ten percent (10%) of the unit price of work items, as determined against the prevailing price indices of the Philippine Statistics Authority (PSA), a price escalation may be authorized at a no loss, no-gain basis, using the appropriate formula prescribed by the GPPB. The PSA shall ensure that its price indices are region specific and updated on a monthly basis.

The Supreme Court decides: The Supreme Court underscored that a writ of mandamus may not compel the Commission on Elections (COMELEC) to exercise its discretion in a certain way, such as granting or denying a request to open and recount ballot boxes.

The Supreme Court underscored that a writ of mandamus may not compel the Commission on Elections (COMELEC) to exercise its discretion in a certain way, such as granting or denying a request to open and recount ballot boxes.

PAGCOR Job Order Workers Not Regular Government Employees (Mark Abadilla et al. vs. PAGCOR, June 19, 2024)

Petitioners hired under temporary contracts claimed entitlement to job security after their contracts were not renewed since PAGCOR stopped its operations in Bacolod. However, the Civil Service Commission, Court of Appeals, and Supreme Court dismissed their complaint on the grounds that petitioners were hired as “job order” workers and did not meet the criteria to be considered as regular government employees. The case showcases the importance of understanding employment contracts and their impact on workers’ rights and benefits.