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Civil Code or Labor Code? Clarifying the Basis of Claims for Work-Related Incidents

While Title II, Book IV of the Labor Code on Employees Compensation and State Insurance Fund has already superseded Article 1711 of the Civil Code, heirs of injured or deceased workers still have a choice of remedy between filing a compensation claim under the Labor Code or proceeding against the employer in an action for damages under the Civil Code.

Regulation of Virtual Asset Service Providers (VASP) (BSP Circular No. 1108)

According to the Bangko Sentral ng Pilipinas Circular No. 1108, Virtual Asset Service Provider (VASP) refers to any entity that offers services or engages in activities that provide facility for the transfer or exchange of VA, which involve the conduct of one or more of the following activities:

(1) exchange between VAs
(2) exchange between one
(3) transfer of VAs; and
(4) safekeeping and/or administration of VAs or instruments enabling control over VAs.

Love Local: Preference for Local Sources in Government Procurement (IRR of the Tatak Pinoy Act)

The IRR of the Tatak Pinoy Act outlines guidelines for determining Filipino-made products and services. It also establishes penalties for businesses that misrepresent their products as Filipino-made. The process includes stakeholder inputs, education efforts by the DTI, and aims to support local businesses, protect consumers, and strengthen the Philippine economy.

The Supreme Court decides: Search warrants must clearly define the location to be searched; otherwise, they are invalid for violating the right against unlawful searches and seizures.

Photo from Pexels | Pavel 
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 Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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Do all salary hikes cause wage distortion?

The four elements of wage distortion are:
(1) an existing hierarchy of positions with corresponding salary rates;
(2) a significant change in the salary rate of a lower pay class without a concomitant increase in the salary rate of a higher one;
(3) the elimination of the distinction between the two levels; and
(4) the existence of the distortion in the same region of the country.

Assessment for deficiency taxes: Is it a pre-requisite for collection of the taxpayer-accused’s civil liability for unpaid taxes?

If the prosecution files a criminal case for tax violation against a taxpayer-accused, the civil action for collection of deficiency taxes is deemed instituted. Hence, a formal assessment issued by the Commissioner of Internal Revenue (CIR) is not required for the imposition of civil liability for unpaid taxes.

Lawyer’s duty under AMLA: Does it violate the duty of confidentiality?

If the prosecution files a criminal case for tax violation against a taxpayer-accused, the civil action for collection of deficiency taxes is deemed instituted. Hence, a formal assessment issued by the Commissioner of Internal Revenue (CIR) is not required for the imposition of civil liability for unpaid taxes.

New Philippine Passport Act

Republic Act (RA) No. 11983 or the “New Philippine Passport Act” was enacted in view of the State’s policy to protect the people’s constitutional right to travel while ensuring the issuance of a passport or any travel document in line with international instruments and using secure passport personalization and data management technologies to enhance and protect the unimpaired exercise of the right to travel. The State shall only prescribe minimum requirements and shall ensure expeditions actions on the application and issuance of passports and other travel documents.