ALBURO ALBURO AND ASSOCIATES LAW OFFICES ALBURO ALBURO AND ASSOCIATES LAW OFFICES

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Abandonment as a ground for legal separation

The Family Code of the Philippines allows the legal separation between husband and wife, which involves the separation of the spouses’ living arrangements (also called “bed-and-board”). Under Article 55 of the Family Code, one of the grounds for legal separation is the abandonment of a spouse without just cause for a period of more than one year. Jurisprudence explains that this abandonment must not only be physical estrangement but also amount to financial and moral desertion. The abandonment must likewise be unjustified.

Public Relations Month (Proclamation No. 1357, s. 2007)

The month of September marks the celebration of the “Public Relations Month” in the Philippines, by virtue of Proclamation No. 1357 signed by then President Gloria Macapagal-Arroyo on August 13, 2007. Every September, the Public Relations Society of the Philippines, the country’s premier organization for PR professionals, organizes a public congress whereby PR practitioners and other interested participants gather to pay homage to the craft of public relations, and through seminars and insightful talks, equip themselves with the tools to traverse this dynamic and competitive field.

Night shift differential v. Overtime pay

Article 86 of the Labor Code provides that every employee shall be paid a night shift differential of not less than 10% of his regular wage for each hour of work performed between 10:00 PM and 6:00 AM. On the other hand, overtime pay is the additional compensation of at least 25% on the regular wage for the service or work rendered or performed in excess of eight (8) hours a day by Ees or laborers in employment covered by the eight (8)-hour Labor Law. (Art. 87, LC)

Who are independent contractors?

An independent contractor is one who carries on a distinct and independent business and undertakes to perform the job, work, or service on its own account and under its own responsibility according to its own manner and method, free from the control and direction of the principal in all matters connected with the performance, of the work except as to the results thereof.

Liability of several insurers in double insurance

Double insurance is not contrary to law and hence, the insurers may still be liable. In double insurance, the insurers are considered as co-insurers. Each one is bound to contribute ratably to the loss in proportion to the amount for which he is liable under his contract. This is known as the “principle of contribution” or “contribution clause.” (Sec. 96(e), IC)

The Supreme Court decides: In Criminal Case No. 12-292735, the accused-appellants were found guilty of qualified trafficking in persons under Section 4(a) and Section 6(a) of Republic Act No. 9208. Despite subsequent amendments to the law, the original version applied because the trafficking occurred on June 23, 2012, before these amendments.

The conviction required proof of: (1) Recruitment, transportation, transfer, harboring, or receipt of persons, with or without consent; (2) use of coercion, deception, or exploitation methods; (3) exploitation for purposes such as sexual exploitation, forced labor, or organ removal; and (4) the victim being under 18 years old. The court confirmed that all these elements were met in this case, establishing the guilt of the accused.