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

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June 1, 2022

Legal Developments

 


WHO ARE CORPORATE OFFICERS OF A CORPORATION?


  • The directors of a corporation must formally organize and elect a president, a treasurer, a secretary, and such other officers as may be provided in the bylaws.

  • Corporate officers are those officers of a corporation who are given that character either by the Corporation Code or by the corporation’s Articles of Incorporation, and by-laws.

  • A corporation may have such other officers as may be provided for by its Articles of Incorporation, and by-laws like, but not limited to, the vice-president, cashier, auditor or general manager.

  • The number of corporate officers is thus limited by law and by the corporation’s by-laws.

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WHAT IS THE NEW PREMIUM RATE OF PHILHEALTH CONTRIBUTIONS FOR 2022?


  • For the year 2022, the premium rate of contribution shall be 4.00% for direct contributors with an income floor of P10,000.00 and income ceiling of P80,000.00.

  • The increase in the premium rates becomes effective starting January 2022.

  • The Universal Health Care Act aims to ensure that all Filipinos are guaranteed equitable access to quality and affordable health care goods and services, and protected against financial risk.

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CAN THE DOLE MAKE A PRIMA FACIE DETERMINATION OF THE EXISTENCE OF AN EMPLOYER-EMPLOYEE RELATIONSHIP?


  • In cases where the relationship of employer-employee still exists, the Secretary of Labor and Employment or his duly authorized representatives shall have the power to issue compliance orders to give effect to the labor standards provisions of the Labor Code and other labor legislation based on the findings of labor employment and enforcement officers or industrial safety engineers made in the course of inspection.

  • The Court recognizes that the DOLE has the full power to determine the existence of an employer-employee relationship in cases brought to it under Article 128(b) of the Labor Code.

  • The DOLE has the authority to rule on the existence of an employer-employee relationship between the parties, considering that the existence of an employer-employee relationship is a condition sine qua non for the exercise of its visitorial power.

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WHAT IS A DERIVATIVE SUIT AND ITS REQUISITES?


  • A derivative suit is an action filed by stockholders to enforce a corporate action.

  • A stockholder may bring an action in the name of a corporation or association as the case may be.

  • In derivative suits, the real party in interest is the corporation, and the suing stockholder is a mere nominal party.

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