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

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June 1, 2022

Legal Developments

 


WHAT ARE THE INSTANCES WHEN A LOCAL RECRUITMENT AGENCY MAY BE EXEMPTED FROM SOLIDARY LIABILITY?


  • As a general rule, the recruitment agency is solidarily liable with the foreign principal for unpaid salaries of a worker it recruited.

  • The imposition of joint and solidary liability is in line with the policy of the State to protect and alleviate the plight of the working class.

  • This exception is where the workers themselves insisted for the recruitment agency to send them back to their foreign employer despite their knowledge of its inability to pay their wages.

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WHAT IS THE PHILIPPINE DEPOSIT INSURANCE CORPORATION AND WHAT ARE ITS FUNCTIONS?


  • The Philippine Deposit Insurance Corporation (PDIC) is a government instrumentality created by virtue of Republic Act No. 3591.

  • The PDIC aims to protect depositors by providing a deposit insurance coverage for the depositing public and help promote financial stability among depositors.

  • The PDIC shall control, manage and administer the affairs of closed banks.

  • The PDIC is the statutory receiver and liquidator of closed banks.

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WHAT IS THE POWER OF THE CORPORATION TO DENY PRE-EMPTIVE RIGHT?


  • Pre-emptive right is the right of shareholders to subscribe to all issue or disposition of shares of any class in proportion to their shareholdings.

  • The corporation can deny pre-emptive right if the articles of incorporation or amendment thereto deny such right.

  • As a preferential right, a stockholder has the option to waive such right.

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WHAT IS THE THEORY OF POPULAR SOVEREIGNTY?


  • The Philippines is a democratic and republican State.
  • Sovereignty resides in the people and all government authority emanates from them.
  • The importance of the people’s choice must be the paramount consideration in every election, for the Constitution has vested in them the right to freely select, by secret-ballot in clean elections, the men and women who shall make laws for them or govern in their name and behalf.

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