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 WHERE A CONSIGNATION PRODUCES THE EFFECT OF PAYMENT EVEN WITHOUT PRIOR TENDER OF PAYMENT?


  • The creditor is absent or unknown, or does not appear at the place of payment.

  • The creditor is incapacitated to receive the payment at the time it is due;

  • The creditor refuses to give a receipt without just cause;

  • Two or more persons claim the right to collect; and

  • The title to the obligation has been lost.

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WHICH COURTS OR TRIBUNALS HAVE JURISDICTION TO HEAR EMPLOYMENT-RELATED COMPLAINTS?


  • The existence of an employer-employee relationship between the parties is a jurisdictional requisite for the exercise of jurisdiction over a labor dispute by the Labor Arbiter or any other labor tribunals.

  • If there is a reasonable causal connection between the claim asserted and the employer-employee relationship, then the case is within the jurisdiction of labor courts.

  • In the absence of such nexus, it is the regular courts that have jurisdiction.

    Not every controversy or money claim by an employee against the employer or vice-versa is within the exclusive jurisdiction of the labor arbiter.

  • Actions between employees and employer where the employer-employee relationship is merely incidental and the cause of action precedes from a different source of obligation is within the exclusive jurisdiction of the regular court.

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WHAT IS A PROFESSIONAL CORPORATION?


  • Any person, partnership, association or corporation, singly or jointly with others but not more than fifteen (15) in number, may organize a corporation for any lawful purpose or purposes.

  • Natural persons who are licensed to practice a profession shall not be allowed to organize a stock corporation unless otherwise provided under special laws.

  • Nonstock corporations may be formed or organized for charitable, religious, educational, professional, cultural, fraternal, literary, scientific, social, civic service, or similar purposes.

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WHAT ARE PATENTS?


  • A Patent is a set of exclusive rights granted by a state to an inventor or his assignee for a fixed period of time in exchange for a disclosure of an invention.

  • The patent law has a three-fold purpose: “first, patent law seeks to foster and reward invention; second, it promotes disclosures of invention; and third, to ensure that ideas in the public domain remain there for the free use of the public.”

  • In rewarding a useful invention, the rights and welfare of the community must be fairly dealt with and effectively guarded.

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