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

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June 1, 2022

Legal Developments


WHAT IS UNFAIR LABOR PRACTICE (ULP)?


  • Unfair labor practices violate the constitutional right of workers and employees to self-organization, are inimical to the legitimate interests of both labor and management.

  • They are not only violations of the civil rights of both labor and management but are also criminal offenses against the State.

  • In essence, unfair labor practice relates to the commission of acts that transgress the workers’ right to organize.

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WHAT IS THE SIGNIFICANCE OF THE PRINCIPAL PLACE OF BUSINESS OF A CORPORATION STATED IN THE ARTICLES OF INCORPORATION?


  • All corporations applying for registration with the SEC should state in their Articles of Incorporation the following: (i) specific address of their principal office, which shall include, if feasible, the street number, street name, barangay, city or municipality.

  • If applicable, the name of the building, number of the building, and the name and number of the room or unit; and (ii) specific residence address of each incorporator, stockholder, director, trustee or partner.

  • Such principal office of the corporation must be within the Philippines.

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EXECUTIVE POWERS OF THE PRESIDENT: RESIDUAL POWERS


  • The President shall exercise such other powers and functions vested in him which are provided for under the laws and which are not specifically enumerated, or which are not delegated by him in accordance with law, unless Congress provides otherwise.

  • The executive power is more than the sum of specific powers so enumerated.

  • The power involved is the President’s residual power to protect the general welfare of the people.

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EXECUTIVE POWERS OF THE PRESIDENT: EXECUTIVE PRIVILEGE


  • Executive privilege is the power of the Government to withhold information from the public, the courts, and the Congress.

  • Executive privilege is a right vested in the President which she may validly exercise within her sphere of executive power.

  • There are two kinds of executive privilege. First is the Presidential Communication Privilege and second is the Deliberative Process Privilege.

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