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Persons Prohibited from Being Designated as Beneficiaries (Article 2012 in relation to Article 739, New Civil Code)

Any person who is forbidden from receiving any donation under Article 739 cannot be named beneficiary of a life insurance policy by the person who cannot make any donation to him, according to said article. (Article 2012, New Civil Code of the Philippines)

May an employee invoke his right against self-incrimination?

No person shall be compelled to be a witness against himself.” (Section 17, Article III, 1987 Constitution.)

The right against self-incrimination is accorded to every person who gives evidence, whether voluntary or under compulsion of subpoena, in any civil, criminal or administrative proceeding. (Alfredo Rosete, et al. v. Juliano Lim, G.R. No. 136051, June 08, 2006)

What is a Progressive Discipline in the Workplace?

A progressive discipline policy entails a structured approach to addressing employee misconduct by implementing a series of escalating disciplinary actions, such as verbal warning, written warning, suspension (with or without pay), and termination.

In general, management has the prerogative to discipline its employees and to impose appropriate penalties on erring workers pursuant to company rules and regulations. (Philippine Span Asia Carriers Corporation vs. Heidi Pelayo, G.R. No. 212003, February 28, 2018)

“What if mag-vlog na lang ako?”: Laws Surrounding Vloggers and Other Content Creators

Here are the common and relevant laws every content creator should be familiar with:

1. Data Privacy Act (Republic Act No. 10173)
2. Intellectual Property Code (Republic Act No. 8293)
3. Revised Penal Code and Special Penal Laws
4. New Civil Code of the Philippines
5. National Internal Revenue Code, as amended

Protection and Rights of Previously Convicted Persons to Apply for Work by Law

The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed, and regulate the relations between workers and employers. The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure and just and humane conditions of work. (Article 3, Labor Code of the Philippines)

Is demotion of rank in the workplace allowed?

While due process required by law is applied on dismissals, the same is also applicable to demotions as demotions likewise affect the employment of a worker whose right to continued employment, under the same terms and conditions, is also protected by law. Moreover, considering that demotion is, like dismissal, also a punitive action, the employee being demoted should as in cases of dismissals, be given a chance to contest the same.

Promotion vs. Transfer

A transfer is a “movement from one position to another which is of equivalent rank, level or salary, without break in service.”

Promotion, on the other hand, is the “advancement from one position to another with an increase in duties and responsibilities as authorized by law, and usually accompanied by an increase in salary.”

(Albert O. Tinio v. Court of Appeals and Smart Communications, Inc., G.R. No. 171764, June 8, 2007)