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

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June 1, 2022

Legal Developments

 

 


WHAT IS GARNISHMENT?


  • Garnishment refers to any legal or equitable procedure through which the earnings of any individual are required to be withheld for payment of any debt.

  • Garnishment is considered as a specie of attachment for reaching credits belonging to the judgment debtor and owing to him from a stranger to the litigation.

  • A writ of attachment is substantially a writ of execution except that it emanates at the beginning, instead of at the termination, of a suit.

  • It places the attached properties in custodia legis, obtaining pendente lite a lien until the judgment of the proper tribunal on the plaintiff’s claim is established, when the lien becomes effective as of the date of the levy.

     

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HOW MUCH IS THE NEW MINIMUM WAGE RATE FOR THE NATIONAL CAPITAL REGION?


  • Wage Order No. NCR-23 grants an increase of Thirty-Three Pesos (PhP33.00) in the minimum wage rate in Metro Manila.

  • The minimum wage rates prescribed under Wage Order No. NCR-23 shall be for the normal working hours which shall not exceed eight (8) hours of work a day.

  • Such wage increase shall apply to all minimum wage earners in the private sector within the region, regardless of their position, designation or status and irrespective of the method by which their wages are paid.

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WHAT IS THE RATIONALE FOR THE IMPLEMENTATION OF THE 13TH MONTH PAY LAW?


  • The 13th Month Pay Law was created primarily to address the need to increase the minimum wage rates prevailing at that time.

  • It aims to protect the level of wages from the offshoots and effects of the global inflation that was persisting during that period.

  • It tackles the clamor of the people for an improved living condition, and uses the basic salary of the working men as a tool towards the change.

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WHAT ARE THE RIGHTS OF SOLO PARENTS UNDER THE SOLO PARENTS’ WELFARE ACT OF 2000?


  • It is the policy of the State to promote the family as the foundation of the nation, strengthen its solidarity and ensure its total development.

  • A solo parent is entitled to a comprehensive package of Social Development and Welfare Services.

  • A solo parent is entitled to a flexible work schedule, parental leave benefits, as well as other benefits such as educational, housing and medical assistance.

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