The topics below may be relevant to your daily activities, especially those which involve business law, labor law, and other legal areas of your business.
Business Law and Labor Law Updates
UNDERSTANDING THE DOCTRINE OF SUBROGATION IN INSURANCE
A Contract of Insurance is defined as an agreement whereby one undertakes for a consideration to indemnify another against loss, damage or liability arising from an unknown or contingent event (Section 2 of Republic Act No. 10607). However, with regard to Life Insurance Contracts, the definition mentioned is unlikely to be applied. The reason for this is that, there is no indemnity to speak of in life insurance contracts. Thus, a broader definition of a contract of insurance could be, a contract whereby one party is called the insurer undertakes for a consideration to pay another called the insured, or his beneficiary, upon the happening of the peril insured against, whereby the party insured or his beneficiary suffer loss or damage or is exposed to liability.
MATTERS CONCERNING EMPLOYMENT OF NON-RESIDENT ALIENS
Under Article 40 of the Labor Code of the Philippines, any alien seeking admission to the Philippines for employment purposes and any domestic or foreign employer who desires to engage an alien for employment in the Philippines shall obtain an employment permit from the Department of Labor and Employment (DOLE). However, the issuance of the employment permit is subject to a determination of the non-availability of a person in the Philippines who is competent, able and willing at the time of application to perform the services for which the alien is desired.
Essentials of Special Power of Attorney (SPA) to Sell Real Property
Under Article 1305 of the Civil Code, a contract is a meeting of minds between two (2) persons whereby one binds himself, with respect to the other, to give something or to render some service. As you can notice, said provision did not mention any requirement as to a specific form of contract in order to be valid. Hence, as a general rule, there is no requirement that a contract should be in a specific form in order to be valid. Basically, the only essential requisites for the validity of a contract are provided for by Article 1318 of the Civil Code, which states:
“There is no contract unless the following requisites concur: (1) Consent of the Contracting Parties, (2) Object certain which is the subject matter of the contract; and (3) Cause of the obligation which is established.”
Knowing the Difference Between Probationary Employment and Project Employment
Amongst the five (5) general classifications of employment are probationary and project employments. While these two classifications are totally different in terms of regularity of employment, nature of work and process of termination, employees hired under the said classifications are still granted with the constitutionally guaranteed right to security of tenure (Article 13, Section 3 of the 1987 Constitution). Security of tenure means that employees may not be terminated from their regular employment except for just or authorized causes under the Labor Code and other pertinent laws (SME Bank, Inc. vs. De Guzman 707 SCRA 35, October 08, 2013).
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