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June 1, 2022

Business Law and Labor Law Updates

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.

 


CONSENT IN ADOPTION

efficiency involves specific acts of omission on the part of the employee resulting in damage to the employer or to his business

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ASSIGNMENT OF LEASE BY LESSEE


  • The lessee cannot assign the lease without the consent of the lessor.

  • The assignment of a lease by the lessee involves a transfer of rights and obligations pertaining to the contract; hence, the consent of the lessor is necessary.

  • There arises the new juridical relation between the lessor and the assignee who is converted into a new lessee.

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PERSONS DISQUALIFIED TO BECOME LESSEES


  • A husband and a wife cannot lease to each other their separate properties.

  • However, husband and a wife may lease property to each other provided separation of property was agreed upon in the marriage settlement and there has been a judicial separation of property.

  • While foreigners in general cannot buy rural or urban lands, they may become lessees.

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REVOCATION OF THE CERTIFICATE OF EXEMPTION UNDER RA11210 or “105 – DAY EXPANDED MATERNITY LEAVE LAW”


  • The DOLE Regional Director or his/ her duly authorized representative may revoke the Certificate of Exemption issued to the establishment after due process.

  • The DOLE Regional Director or his/her duly authorized representative may conduct a clarificatory hearing within seven (7) working days from receipt of complaint.

  • The DOLE Regional Director or his/ her duly authorized representative shall resolve the case within ten (10) working days from the date of the last hearing and the Order shall be final and not appealable.

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EFFECTS OF ADOPTION


  • Adoptee refers to the child or person that was legally adopted

  • Adoption sever all legal ties between the biological parent(s) and the adoptee

  • Parental authority is one of the effects of legal adoption.

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