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Key Takeaways of the Investors’ Lease Act

Section 2 of Republic Act No. 7652 or the Investors’ Lease Act provides for the States policy to encourage foreign investments consistent with the constitutional mandate to conserve and develop our own patrimony. Therefore, the State hereby adopts a flexible and dynamic policy on the granting of long-term lease on private lands to foreign investors for the establishment of industrial estates, factories, assembly or processing plants, agro-industrial enterprises, land development for industrial, or commercial use, tourism, and other similar priority productive endeavors.

Can a Non-Lawyer appear in proceedings before the Labor Arbiter or National Labor Relations Commission?

In Kanlaon vs. NLRC, G.R. No. 126625, September 18, 1997, the Supreme Court ruled that as a general rule, only lawyers are allowed to appear before the Labor Arbiter and the National Labor Relations Commission in cases before them. However, Article 228 of the Labor Code, as amended, provided for certain exceptions.

What is the 30-day Single Entry Approach (SENA) Mandatory Conciliation and can parties be absent during mandatory conciliation?

By virtue of the mandate of Section 3, Article XIII of the 1987 Constitution on the preferential use of voluntary modes of dispute settlement, Article 211 of the Labor Code, as amended, the Alternative Dispute Resolution (ADR) Act of 2004 and Executive Order No. 523 instituting the use of ADR for the speedy resolution of all disputes before all administrative bodies of the Executive Department, and TIPC Resolution No. 3, series of 2010, the Secretary of Labor and Employment pursuant to Article 5 of the Labor Code of the Philippines, as amended, issued DOLE DEPARTMENT ORDER NO. 107-10, November 03, 2010, setting forth the guidelines governing the Single Entry Approach for all DOLE cases.

Illegality of Dismissal of Contractual Worker without Notice of Termination

Under the Rules and Regulations Implementing the Labor Code, in cases of employment covered by contracting or subcontracting, no employee shall be dismissed prior to expiration of the contract between the principal and contractor or subcontractor, unless the dismissal is for just or authorized cause, or is brought about by the completion of the phase of the contract for which the employee was engaged, but in any case, subject to the requirements of due process or prior notice.

How can a Company become an Eligible Bidder in a Government Procurement Process?

One of the modes of procurement under the New Government Procurement Act (NGPA) or Republic Act (R.A.) No. 12009 is competitive bidding, which is open to participation by any eligible bidder. The government procuring entity, through its Bids and Awards Committee (BAC), conducts an eligibility screening of prospective bidders, and measures their financial eligibility, legal eligibility, and technical eligibility.

Updates on SSS Funeral Benefits

The Social Security System (SSS) has announced that starting October 20, 2023, enhanced guidelines will be implemented for its Social Security (SS) Funeral Benefit Program. The new guidelines aim to incentivize active membership by raising the maximum amount of funeral benefits to PHP 60,000.00 and streamline the provision of funeral benefits to claimants, especially for surviving legal spouses.

Death Benefits for Seafarers: Who is entitled to receive them?

In the case of Macalinao vs. Macalinao, G.R. No. 250613, April 3, 2024, the Supreme Court has ruled that benefits arising from the seafarer’s death under the Philippine Overseas Employment Administration (POEA) contract should be awarded only to the surviving legitimate spouse, despite being long estranged from the seafarer, alongside the seafarer’s legitimate and illegitimate children.