# ALBURO ALBURO AND ASSOCIATES LAW OFFICES

> Committed to assist entrepreneurs to succeed.

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## Posts

- [May an Employer Declare a Lockout?](https://www.alburolaw.com/may-an-employer-declare-a-lockout/): Can an employer declare a lockout in the Philippines? Learn valid grounds, cooling-off periods, and DOLE notice requirements under the Labor Code today.
- [Penal Provision of the Real Estate Investment Trust (REIT) Act of 2009](https://www.alburolaw.com/penal-provision-reit-act-of-2009-philippines/): What are the penalties for violating the REIT Act of 2009? Learn fines, imprisonment, and corporate liability under RA 9856 in the Philippines today.
- [Fit and Proper Rule under the Real Estate Investment Trust (REIT) Act of 2009](https://www.alburolaw.com/fit-and-proper-rule-reit-act-philippines/): Ensure SEC compliance for Real Estate Investment Trusts. Discover the Fit and Proper Rule requirements for REIT directors and officers under PH law.
- [The Supreme Court Decides: Removal from a Client Assignment is Not Illegal Dismissal](https://www.alburolaw.com/sc-decides-removal-from-client-assignment-not-illegal-dismissal/): Discover when transferring or removing an employee from a client detail is legal. Understand 6-month off-detail limits and constructive dismissal now.
- [The Supreme Court Decides: Illegal Recruitment in Large Scale May be Proved by Testimonies even Without Receipts](https://www.alburolaw.com/proving-large-scale-illegal-recruitment-sc-ruling/): Discover why lack of receipts will not defeat a large scale illegal recruitment case. Understand witness credibility and penalties under PH labor law now.
- [Perfection of Security Interest Under Personal Property Security Act](https://www.alburolaw.com/perfection-of-security-interest-personal-property-security-act/): How do you perfect a security interest under RA 11057? Learn PPSA registration notice, possession, control rules, and priority rights in PH today.
- [The Supreme Court Decides: GSIS Cannot Deny Survivorship Benefits Through an Ultra Vires Regulation](https://www.alburolaw.com/sc-rules-gsis-survivorship-pension-denial-invalid/): The Supreme Court ruled GSIS cannot deny survivorship benefits using ultra vires regulations. Learn your pension rights under RA 8291 today.
- [The Supreme Court Decides: Same-Sex Cohabitants May Be Co-Owners Under Article 148 of the Family Code](https://www.alburolaw.com/same-sex-cohabitants-sc-property-co-ownership-article-148/): Can same-sex partners claim property co-ownership in PH? The Supreme Court applies Article 148 of the Family Code if actual contribution is proven. Read more.
- [The Supreme Court Decides: Local Governments Cannot Compel the Use of Public Transport Terminal](https://www.alburolaw.com/sc-ruling-local-government-terminals/): Understand the Supreme Court's ruling on public transport terminals. Discover why LGUs cannot compel PUV routing or dictate terminal usage by ordinance.
- [National Privacy Commission: Guidelines on the Use of Body-Worn Cameras and Alternative Recording Devices: Scope and Lawful Basis for Processing (Part I)](https://www.alburolaw.com/npc-guidelines-body-worn-cameras-data-privacy/): Learn NPC guidelines on body-worn cameras and alternative recording devices. Understand lawful basis, scope, and Data Privacy Act rules in PH today.
- [Taxation and Tax Incentives of Real Estate Investment Trusts (REIT)](https://www.alburolaw.com/taxes-of-real-estate-investment-trust/): What are the tax rates and exemptions for REITs in the Philippines? Learn BIR tax rules, income distribution, and DST privileges under PH law today.
- [Can a contract be cancelled after it has been signed?](https://www.alburolaw.com/can-a-signed-contract-be-cancelled-philippines/): Can you cancel a signed contract in the Philippines? Learn the legal grounds for rescission, breach remedies, and Civil Code rules today.
- [Can senior citizens combine the statutory 20% discount with another promotional discount?](https://www.alburolaw.com/can-senior-citizens-combine-discounts-ra-9994/): Can senior citizens combine the 20% discount with promo prices? Learn non-double discount rules under RA 9994 & DTI regulations in the Philippines today.
- [Registration of Investments of Non-Philippine Nationals](https://www.alburolaw.com/registration-of-investments-non-philippine-nationals/): Learn SEC & BSP rules for registration of investments of non-Philippine nationals under FIA. Secure profit repatriation & capital remittance rights today.
- [An Overview of the Labor Education Act](https://www.alburolaw.com/labor-education-act-republic-act-11551-guide/): What is RA 11551? Learn how the Labor Education Act mandates labor education in tertiary education and protects worker rights in PH. Read more.
- [What are Exemplary or Corrective Damages?](https://www.alburolaw.com/what-are-exemplary-or-corrective-damages/): Exemplary damages cannot be recovered as a matter of right. They are also known as “punitive” or “vindictive” damages.
- [What are Actual or Compensatory Damages?](https://www.alburolaw.com/what-are-actual-or-compensatory-damages/): What are actual or compensatory damages? Learn how to recover financial losses from a breach of contract or injury under Philippine law.
- [Filing of Claim for Insured Deposit: What Depositors Need to Know](https://www.alburolaw.com/filing-of-claim-for-insured-deposit/): The requirement to file claim on the insured deposits must be done within two (2) years from the PDIC’s take over of the closed bank
- [Intern’s Insight: Happenstance](https://www.alburolaw.com/interns-insight-happenstance/): This type of environment is just what I needed to remain grounded, to not let my ambitions blind me into delusions of grandeur.
- [What is the Philippine Identification System?](https://www.alburolaw.com/what-is-philippine-identification-system/): Philippine Identification System or “PhilSys” refers to a single national identification system established by the government
- [Unfair Competition: Protecting Businesses from Deceptive Practices](https://www.alburolaw.com/unfair-competition-protecting-businesses-from-deceptive-practices/): Protect your brand goodwill from deceptive commercial practices. Discover civil and criminal remedies for unfair competition under PH law now.
- [The Difference between Tax Avoidance and Tax Evasion](https://www.alburolaw.com/difference-between-tax-avoidance-and-tax-evasion-philippines/): Protect your company from BIR penalties. Understand legal tax avoidance strategies versus criminal tax evasion under Philippine law now.
- [Sickness Benefits Under The Social Security Law](https://www.alburolaw.com/sickness-benefits-under-the-social-security-law/): The daily sickness allowance shall be equivalent to ninety-percent (90%) of the member's average daily salary credit.
- [Classes Of Aliens Who Are Not Allowed To Enter In The Philippines](https://www.alburolaw.com/excludable-aliens-barred-entry-philippines/): Are all aliens or foreigners allowed to enter in the Philippines? It is incumbent upon the alien to prove that he is allowed to enter in the Philippines
- [What is Habitual Tardiness and Absenteeism](https://www.alburolaw.com/habitual-tardiness-and-absenteeism/): Discover how Philippine labor law treats habitual absenteeism as gross neglect of duty. Learn the legal rules for twin-notice requirements and dismissal today.
- [Intern’s Insight: Women of Alburo Law](https://www.alburolaw.com/interns-insight-women-of-alburo-law/): I never felt that knowledge and experience were being gatekept; the goal was always improvement, and striving for greater heights.
- [Fresh Preventive Suspension](https://www.alburolaw.com/fresh-preventive-suspension/): Discover when employers can place workers under preventive suspension. Understand DOLE rules, payment requirements, and process limits now.
- [Willful Disobedience or Insubordination](https://www.alburolaw.com/willful-disobedience-or-insubordination/): Discover what constitutes willful disobedience under Article 297 of the Labor Code. Understand employer rights, employee duties, and DOLE rules now.
- [What is an Emigration Clearance Certificate?](https://www.alburolaw.com/emigration-clearance-certificate/): An Emigration Clearance Certificate (ECC) is a pre-departure document issued to foreign nationals. ECC is valid only for a month from the date of its issuance
- [Documentation Of Immigrants](https://www.alburolaw.com/documentation-of-immigrants/): Learn the rules for immigrant documentation under Philippine immigration law. Ensure full compliance with Bureau of Immigration requirements today.
- [Who May Be Admitted As Non-immigrant Under The Philippine Immigration Act Of 1940?](https://www.alburolaw.com/who-can-be-admitted-non-immigrant-philippines/): A temporary visitor coming for business or for pleasure or for reasons of health may be admitted in the Philippines as a non-immigrant
- [Administration of Public Archives](https://www.alburolaw.com/administration-of-public-archives/): Public Archives refer to public records that are under the custody and control of the executive director of the National Archives of the Philippines
- [Intern's Insight: Tempering Diligence](https://www.alburolaw.com/interns-insight-tempering-diligence/): Intern Insights at Alburo Alburo & Associates Law Offices. Embrace the courage to grow, overcome doubt, and gain real-world legal experience.
- [Economic Abuse as a Form of Violence Against Women and Their Children](https://www.alburolaw.com/economic-abuse-ra-9262-vawc/): Understand your rights against economic abuse under the Anti-VAWC Act. Discover legal penalties, protection order options, and Supreme Court rules.
- [Obligations of Partners Among Themselves (Part II)](https://www.alburolaw.com/obligations-of-partners-among-themselves-part-ii/): OBLIGATIONS OF PARTNERS AMONG THEMSELVES. If only profits have been agreed upon, the share of each partner in the losses shall be in the same proportion
- [Transfer of Public Records](https://www.alburolaw.com/transfer-of-public-records/): Heads of government offices shall cause the transfer of the public records to the National Archives of the Philippines (National Archives)
- [Intern Insights: Seventy Hours](https://www.alburolaw.com/seventy-hours/): Intern Insights at Alburo Alburo & Associates Law Offices. Embrace the courage to grow, overcome doubt, and gain real-world legal experience.
- [Safe Spaces Act: Workplace Protection Against Sexual Harassment](https://www.alburolaw.com/safe-spaces-act-workplace-sexual-harassment/): What is the Safe Spaces Act (RA 11313)? Learn employer obligations, CODA creation, and workplace sexual harassment protections in the Philippines.
- [Intern Insights: The Fire That Fear Lit](https://www.alburolaw.com/the-fire-that-fear-lit/): Intern Insights at Alburo Alburo & Associates Law Offices. Embrace the courage to grow, overcome doubt, and gain real-world legal experience.
- [Worst Forms of Child Labor](https://www.alburolaw.com/worst-forms-of-child-labor-2022/): Forms of child labor that are hazardous and morally damaging are prejudicial to the development of the full potential of a child calls for immediate action.
- [When to Claim Tax Credit or Tax Refund](https://www.alburolaw.com/when-to-claim-tax-credit-or-tax-refund/): A Tax Credit Certificate is a document reflecting the amount due to a taxpayer from the overpayment or erroneous payment of taxes.
- [Forum Shopping](https://www.alburolaw.com/forum-shopping/): What is forum shopping under Philippine law? Learn its elements, test of violation, summary dismissal consequences, and certification requirements.
- [What is a General Partnership?](https://www.alburolaw.com/general-partnership-philippines/): What is a general partnership under the Philippine Civil Code? Learn how general partners manage the business and share unlimited personal liability.
- [The Supreme Court Decides: Grossly Abusive Conduct Against Spouse or Children Must Result in a Hostile Environment](https://www.alburolaw.com/sc-psychological-violence-hostile-environment/): Understand the SC's critical ruling on domestic abuse. Learn how abusive conduct against a spouse or child legally constitutes a hostile environment.
- [What is Limited Partnership?](https://www.alburolaw.com/what-is-limited-partnership/): Understand the legal framework of a limited partnership in the Philippines. Discover the roles, rights, and liabilities of general vs limited partners.
- [The Supreme Court Decides: Alter Egos of Defunct Proprietorships May Be Held Liable for the Illegal Dismissal of a Worker](https://www.alburolaw.com/sc-ruling-defunct-company-labor-liability/): Understand the SC ruling on alter ego liability in labor cases. Discover when individuals are held personally liable for an employee's illegal dismissal.
- [Crimes under the Revised Corporation Code of the Philippines](https://www.alburolaw.com/crimes-under-revised-corporation-code-ph/): Understand criminal liabilities under the Revised Corporation Code of the Philippines. Protect your company from severe SEC fines, fraud charges, and penalties.
- [Employment of Children](https://www.alburolaw.com/employment-of-children/): Who is a child? The term “child” applies to all persons under eighteen (18) years of age. May children be permitted to work?
- [Salient Features of the 2026 SEC Rules of Procedure](https://www.alburolaw.com/salient-features-of-the-2026-sec-rules-of-procedure/): A comprehensive guide to the salient features of the new 2026 SEC Rules of Procedure. Read about the electronic service of summons, daily fines, and appeals.
- [Incentives For Commercial Fishers](https://www.alburolaw.com/incentives-for-commercial-fishers/): Commercial Fishers may fish farther in the Exclusive Economic Zone. Incentives such as long-term loans may be given to commercial fishers
- [On Commercial Fisheries](https://www.alburolaw.com/on-commercial-fisheries/): Commercial fishing is the taking of fishery species by passive or active gear for trade, business and profit beyond subsistence or sports fishing
- [Doctrine of Assumption of Risk](https://www.alburolaw.com/doctrine-of-assumption-of-risk/): What is the Doctrine of Assumption of Risk? Learn how voluntary exposure to danger affects liability in quasi-delicts under the Philippine Civil Code.
- [The Supreme Court Decides: The Flexible Work Arrangements Must Be Consensual and Procedural Defects Do Not Render the Arrangement Invalid](https://www.alburolaw.com/sc-ruling-consensual-flexible-work-arrangements/): Must flexible work be agreed upon by employees? The Supreme Court rules that arrangements must be consensual, but procedural defects do not make them invalid.
- [The Supreme Court Decides: Unlawful Contracts and Illegal Transactions Do Not Give Rise to the Right to Recover Money](https://www.alburolaw.com/recovery-of-money-illegal-contract-philippines/): The Supreme Court held that the rule is that where the contract is illegal and constitutes a criminal offense, and both parties are 'in equal fault,'.
- [The Supreme Court Decides: Developers Must Deliver a Safe and Suitable Home as Promised and in Case of Failure, the Must Return the Buyer's Amortization Payments](https://www.alburolaw.com/sc-ruling-developer-amortization-refund/): Did your real estate developer fail to deliver a safe home on time? The Supreme Court rules you may be entitled to a full refund of your amortizations.
- [How are criminal actions instituted?](https://www.alburolaw.com/how-criminal-actions-instituted/): Victims of a crime? Understand how to file a criminal case in the Philippines, from the initial complaint to the formal institution of criminal action.
- [An Overview of the Anti-Money Laundering Act](https://www.alburolaw.com/the-anti-money-laundering-act/): What is the Anti-Money Laundering Act in the Philippines? Learn about AMLA compliance, covered transactions, reporting obligations, and penalties. Read here.
- [What is a Contract of Partnership?](https://www.alburolaw.com/what-is-a-contract-of-partnership/): Planning to start a business with a partner? Learn what a Contract of Partnership is under Philippine law, its essential elements, and legal requirements.
- [Court-Supervised Rehabilitation under the Financial Rehabilitation and Insolvency Act](https://www.alburolaw.com/court-supervised-rehabilitation-fria/): Struggling with corporate debt? Learn how court-supervised rehabilitation under the FRIA (RA 10142) helps distressed businesses recover and protect assets.
- [The Supreme Court Decides: Custody cannot be resolved by agreement alone; trial is required, guided by the child’s best interest.](https://www.alburolaw.com/sc-ruling-child-custody-agreement-trial/): Can parents settle child custody by agreement alone? The Supreme Court rules that a trial is mandatory, guided by the child's best interest. Read more.
- [Price Manipulation: When Profit Becomes a Crime ](https://www.alburolaw.com/on-illegal-acts-of-price-manipulation/): Under Section 5 of Republic Act No. 7581, there are three acts of price manipulation: (1) Hoarding; (2) Profiteering; and (3) Cartel.
- [Fraud Exception Principle](https://www.alburolaw.com/fraud-exception-principle/): In G.R. NO. 146717, November 22, 2004, the Supreme Court held that the “Fraud Exception Principle” is the exception to the Independence Principle.
- [Guidelines On Corporate Term](https://www.alburolaw.com/guidelines-on-corporate-term/): Under Sec. 11 of RA 11232, corporations now have perpetual existence unless their articles or election retain a specific corporate term.
- [Notice Of Cancellation Under Realty Installment Buyer Act](https://www.alburolaw.com/notice-of-cancellation-under-realty-installment-buyer-act/): In Pryce Properties Corp. v. Nolasco, the Supreme Court held that the Maceda Law protects installment realty buyer/s from oppressive terms.
- [Mistake of Law as basis for Solutio Indebiti](https://www.alburolaw.com/mistake-of-law-as-basis-for-solutio-indebiti/): Article 2154 of the New Civil Code provides that when something is received by mistake without the right to demand it, it must be returned.
- [Prohibitions Regarding Wages](https://www.alburolaw.com/prohibitions-wages/): Wages paid to employees are the remuneration of his earnings. As such, it shall be paid directly to the employee to whom the wages are due. The Labor Code provides for prohibitions regarding an employee’s wages.
- [Understanding and Fixing Wage Distortion Issues](https://www.alburolaw.com/understanding-fixing-wage-distortion/): Understanding and Fixing Wage Distortion Issues learn how to identify and correct wage distortion in your workplace with this legal guide from Alburo Law.
- [6 ‘sensei’ Share Marketing Lessons by Josiah Go (via Philippine Daily Inquirer)](https://www.alburolaw.com/6-sensei-share-marketing-lessons-by-by-josiah-go-via-philippine-daily-inquirer/): In the recently concluded Sensei Marketing Conference by the Sensei Business Academy, some of the country’s leading marketing experts shared their insights
- [What is Agri-Agra Reform Credit Act of 2009?](https://www.alburolaw.com/what-is-agri-agra-reform-credit-act-of-2009/): The Agri-Agra Reform Credit Act of 2009 promotes rural development by enhancing access of the rural agricultural sector to financial services and programs.
- [What is an Apprenticeable Occupation Under the Labor Code?](https://www.alburolaw.com/what-is-an-apprenticeable-occupation-under-the-labor-code/): Apprenticeable occupation may likewise refer to an occupation officially endorsed by a tripartite body and approved for apprenticeship by the TESDA.
- [What is a Foreign Corporation?](https://www.alburolaw.com/what-is-a-foreign-corporation/): A foreign corporation applying for a license to transact business in the Philippines shall submit to the SEC a copy of its articles of incorporation and bylaws.
- [What is the Effect if Reinstatement is No Longer Practicable?](https://www.alburolaw.com/what-is-the-effect-if-reinstatement-is-no-longer-practicable/): What is the Effect if Reinstatement is No Longer Practicable? The illegally dismissed employee is entitled to separation pay and back wages.
- [What is Republic Act No. 9829 or the Pre-need Code of the Philippines?](https://www.alburolaw.com/what-is-republic-act-no-9829-or-the-pre-need-code-of-the-philippines/): The Pre-need Code of the Philippines provides that the State regulate, through an empowered agency, pre-need companies based on prudential principles.
- [What is Organic Agricultural Act?](https://www.alburolaw.com/organic-agricultural-act/): Organic agricultural act promotes the ecologically sound, socially acceptable, economically viable and technically feasible production of food and fibers.
- [Revocation of the Certificate of Exemption Under RA11210 or “105 – Day Expanded Maternity Leave Law”](https://www.alburolaw.com/revocation-of-the-certificate-of-exemption-under-ra11210-or-105-day-expanded-maternity-leave-law/): RA11210 or “105 – Day Expanded Maternity Leave Law” provides that all covered female workers in government and the private sector
- [What is Employees’ Compensation Program?](https://www.alburolaw.com/what-is-employees-compensation-program/): Employees’ Compensation Program provide benefits to employees and their dependents in the event of work-connected disability or death.
- [Suspension, Termination of Effectivity and Reactivation of Credit Cards](https://www.alburolaw.com/suspension-termination-of-effectivity-and-reactivation-of-credit-cards/): A bank may initiate suspension, cancellation or revocation of a credit card account for any valid reason, as indicated in the terms and conditions.
- [Securities and Exchange Commission](https://www.alburolaw.com/securities-and-exchange-commission/): Updated Guidelines on Cumulative Penalties and Alternative Filing of Reports, Applications, Compliance, Requests and Other Documents Through E-Mail During ECQ
- [Philippine Overseas Employment Administration](https://www.alburolaw.com/philippine-overseas-employment-administration/): Adoption of the Guidelines on the Arrival and Repatriation of Overseas Filipinos, and the Guidelines at Seaports for All Maritime Vessels Issued by the DOH
- [Payment of salary, and prohibitions regarding wages](https://www.alburolaw.com/prohibitions-regarding-wages/): SUBSCRIBE NOW FOR MORE LEGAL UPDATES! [email-subscribers-form id="4"]
- [WHO SHOULD REGISTER AS A MEMBER OF SOCIAL SECURITY SYSTEM?](https://www.alburolaw.com/social-security/): Image Source Published — June 16, 2021 The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any. Also, the matters contained
- [Is the Issuance of Pre-approved Credit Cards Allowed?](https://www.alburolaw.com/is-the-issuance-of-pre-approved-credit-cards-allowed/): The credit card provider must prove that its client read and consented to the terms and conditions governing the credit cards' use.
- [Is an Employee Who Was Illegally Dismissed From Employment Automatically Entitled to Reinstatement?](https://www.alburolaw.com/is-an-employee-who-was-illegally-dismissed-from-employment-automatically-entitled-to-reinstatement/): To be clear, the employer has the duty to reinstate the employee in the interim period until a reversal is decreed by a higher court or tribunal.
- [Is a Price Tag Required?](https://www.alburolaw.com/is-a-price-tag-required/): Price tag indicates the price of a consumer product. Erasures or alterations of price tags, labels or markings is not allowed
- [Flexible Work Arrangements](https://www.alburolaw.com/flexible-work-arrangements/): Flexible work arrangements may be adopted as one of the coping mechanisms and remedial measures in times of economic difficulties and national emergencies.
- [Enter Your Pin or Swipe your Card: A New Law Providing Stricter Use of Access Devices](https://www.alburolaw.com/new-law-providing-stricter-use-of-access-devices/): The President signed into law RA 11449 which provides for additional prohibitions to and increasing penalties for violations of the “Access Devices
- [Dismissal Due to Gross and Habitual Neglect of Duty](https://www.alburolaw.com/dismissal-gross-habitual-neglect-duty/): Gross & habitual neglect of duty, for being among the just causes of termination of employment, the two-notice rule in dismissal of employees must be observed.
- [Different Modes of Acquiring Ownership](https://www.alburolaw.com/different-modes-of-acquiring-ownership/): Ownership is acquired by occupation and by intellectual creation. Ownership is acquired by occupation and by intellectual creation.
- [DOJ Circular No. 15 - Rules on Preliminary Investigation and Inquest Proceedings](https://www.alburolaw.com/doj-circular-no-15-rules-on-preliminary-investigation-and-inquest-proceedings/): DOJ Circular No. 15 sets the rules on preliminary investigation and inquest proceedings in the Philippines. Know your rights and the proper legal process.
- [New Rules on Notarial Practice (OCA Circular 197-2025)](https://www.alburolaw.com/new-rules-on-notarial-practice-oca-circular-197-2025/): In its En Banc Resolution dated March 4, 2025, the SC introduced significant amendments to the 2004 Rules on Notarial Practice, a digital transformation move .
- [Demurrer to Evidence](https://www.alburolaw.com/demurrer-to-evidence/): A demurrer to evidence is an objection or exception by one of the parties in an action at law, to the effect that his adversary is insufficient in point of law.
- [Rights of a Usufructuary](https://www.alburolaw.com/rights-of-a-usufructuary/): Article 565 provides that rights and obligations of the usufructuary shall be those provided in the title constituting the usufruct; in default of such title.
- [Forms of Repetition under the Revised Penal Code, as Amended (Recidivism, Habituality, Quasi-Recidivism, and Habitual Delinquency](https://www.alburolaw.com/forms-of-repetition-under-the-revised-penal-code-as-amended-recidivism-habituality-quasi-recidivism-and-habitual-delinquency/): The concepts of Recidivism, Habituality, Quasi-Recidivism, and Habitual Delinquency are significant aggravating circumstances under the Revised Penal Code.
- [Magna Carta of Women: Protecting Women’s Rights in the Workplace](https://www.alburolaw.com/magna-carta-of-women-protecting-womens-rights-in-the-workplace/): The participation of women in the workforce is no longer a question of access, it is a matter of equality, dignity and protection.
- [Currency in Which a Trust Receipt May Be Denominated](https://www.alburolaw.com/currency-in-which-a-trust-receipt-may-be-denominated/): Trust receipt is considered a security transaction intended to aid in financing importers and retail dealers who do not have sufficient funds.
- [Truth in Advertising: Protecting Consumers from Deceptive Practices](https://www.alburolaw.com/false-advertisement-of-consumer-products/): Under Article 4(b) of Republic Act no. 7394, otherwise known as the Consumer Act of the Philippines, advertising means the business of conceptualizing ...
- [What Should Be Included in the Franchising Agreement](https://www.alburolaw.com/what-should-be-included-in-the-franchising-agreement/): Franchising agreement is a written contract between the franchisor and the franchisee. At present, there is no specific law on franchising.
- [May Credit Card Issuers Engage Third Party Service Providers for Collection Purposes?](https://www.alburolaw.com/may-credit-card-issuers-engage-third-party-service-providers-for-collection-purposes/): Banks may engage qualified third-party service providers for the purpose of assisting or rendering services in the administration of the credit card business.
- [Infusion of Foreign Equity in the Capital of Rural Banks](https://www.alburolaw.com/infusion-of-foreign-equity-in-the-capital-of-rural-banks/): Non-Filipino citizens may become members of the Board of a rural bank but their participation shall be limited to their proportionate share in the equity.
- [Handling of Credit Card Related Complaints, Inquiries and Requests](https://www.alburolaw.com/handling-of-credit-card-related-complaints-inquiries-and-requests/): Banks shall establish a Consumer Assistance Unit, which shall be responsible for providing action for the expeditious resolution of credit card complaints.
- [Is Franchisee an Employee of the Franchisor?](https://www.alburolaw.com/is-franchisee-an-employee-of-the-franchisor/): Under DTI Bureau Order 10-24, Series of 2010, a franchisor and franchisee both refer to a person, individual or a Corporation, registered with the DTI or SEC.
- [Tax Exemption for Nonstock Nonprofit Corporation](https://www.alburolaw.com/tax-exemption-for-nonstock-nonprofit-corporation/): A nonstock corporation - no part of its income is distributable as dividends to its members, trustees, or officers. It may be exempted from paying income tax.
- [Concept of No Work, No Pay](https://www.alburolaw.com/concept-of-no-work-no-pay/): The principle or concept of “No Work, No Pay” is the basic factor in determining the employees’ wage. This was explained in the case of AKELCO v. NLRC, Retiso.
- [Tulong Pangkabuhayan Sa Ating Displaced at Disadvantaged Workers (TUPAD) Program](https://www.alburolaw.com/tulong-pangkabuhayan-sa-ating-displaced-at-disadvantaged-workers-tupad-program/): TUPAD program is a community-based assistance that provides emergency employment for displaced workers, unemployed poor, for a minimum period of ten days.
- [Flexible Work Arrangements](https://www.alburolaw.com/flexible-work-arrangements-ii/): Flexible work arrangements refer to alternative arrangements or schedules other than the traditional or standard workhours, workdays, and workweek.
- [DOLE-AKAP for OFWs](https://www.alburolaw.com/dole-akap-for-ofws/): DOLE has launched “DOLE-AKAP for OFWs” which provides financial assistance to displaced OFWs due to coronavirus diseases (COVID-19).
- [How to Properly Close your Business](https://www.alburolaw.com/how-to-properly-close-your-business/): Business owners must inform his/ her employees and Department of Labor and Employment (DOLE) one (1) month prior to the intended date of closure.
- [Kabuhayan Formation, Kabuhayan Enhancement, and Kabuhayan Restoration Program](https://www.alburolaw.com/kabuhayan-formation-kabuhayan-enhancement-and-kabuhayan-restoration-program/): Among the Philippine government programs for workers and businesses affected by the lockdown is the Kabuhayan Formation, Enhancement and Restoration Program.
- [What is the Rule on Payment of Night Shift Differential?](https://www.alburolaw.com/what-is-the-rule-on-payment-of-night-shift-differential/): Every employee shall be paid a night shift differential of not less than ten percent of his regular wage for each hour of work performed between 10pm and 6am.
- [PhilHealth Insurance Corporation](https://www.alburolaw.com/philhealth-insurance-corporation/): PhilHealth Circular No 2020-0015 -Clarification On Definition Of Unwarranted Claims. Circular No 2020-0013 - Provisional Accreditation of Health Care Providers
- [May a Religious Corporation Purchase Real and Personal Property?](https://www.alburolaw.com/may-a-religious-corporation-purchase-real-and-personal-property/): Image Source Published — August 24, 2022 The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any. Also, the matters contained
- [What Are the Remedies of Corporations to Enforce Payment of Stocks?](https://www.alburolaw.com/what-are-the-remedies-of-corporations-to-enforce-payment-of-stocks/): Under the Revised Corporation Code of the Philippines (RCCP), a corporation may exercise the following remedies to enforce payment of stocks.
- [What is the Difference Between a Stock and a Non-stock Corporation?](https://www.alburolaw.com/what-is-the-difference-between-stock-and-non-stock-corporation/): A nonstock corporation is one where no part of its income is distributable as dividends to its members, trustees, or officers.
- [Voting by Proxy](https://www.alburolaw.com/voting-by-proxy/): Stockholders and members may vote in person or by proxy. Proxies, who are not stockholders or members, cannot be elected as director or trustee.
- [What Are the Instances Where a Consignation Produces the Effect of Payment Even Without Prior Tender of Payment?](https://www.alburolaw.com/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.
- [Which Courts or Tribunals Have Jurisdiction to Hear Employment-related Complaints?](https://www.alburolaw.com/which-courts-or-tribunals-have-jurisdiction-to-hear-employment-related-complaints/): A reasonable causal connection between the claim asserted and the employer-employee relationship, then the case is within the jurisdiction of labor courts.
- [What is a Professional Corporation?](https://www.alburolaw.com/what-is-a-professional-corporation/): Natural persons who are licensed to practice a profession shall not be allowed to organize a stock corporation unless otherwise provided under special laws.
- [What Are Patents?](https://www.alburolaw.com/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.
- [What Are the Prohibited Activities in a Strike?](https://www.alburolaw.com/what-are-the-prohibited-activities-in-a-strike/): A strike is any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute.
- [Are There Instances When Corporate Officers May Be Held Liable for Obligations Incurred by the Corporation?](https://www.alburolaw.com/are-there-instances-when-corporate-officers-may-be-held-liable-for-obligations-incurred-by-the-corporation/): Directors or trustees who willfully and knowingly vote for or assent to patently unlawful acts of the corporation or who are guilty of negligence or bad faith.
- [Who Actually Owns the Properties of a Corporation?](https://www.alburolaw.com/who-actually-owns-the-properties-of-a-corporation/): A corporation is an artificial being created by operation of law, having right of succession and powers, attributes and properties expressly authorized by law.
- [Corporation vs. Partnership](https://www.alburolaw.com/corporation-vs-partnership/): Partnership is created by mere agreement of the parties as governed by the New Civil Code. Corporation is governed by the Revised Corporation Code.
- [What is the Diplomatic Power of the President?](https://www.alburolaw.com/what-is-the-diplomatic-power-of-the-president/): The President must be given a larger measure of authority and wider discretion, subject only to least amount of checks and restrictions under the Constitution.
- [Executive Powers of the President: Delegated Powers](https://www.alburolaw.com/executive-powers-of-the-president-delegated-powers/): As the Congress is generally the repository of emergency powers, several conditions must first be met to be able to delegate such powers to the President.
- [What is Unfair Labor Practice (ULP)?](https://www.alburolaw.com/what-is-unfair-labor-practice-ulp/): Unfair labor practices violate the constitutional right of workers & employees to self-organization, are inimical to legitimate interests of labor & management.
- [Executive Powers of the President: Residual Powers](https://www.alburolaw.com/executive-powers-of-the-president-residual-powers/): The President has the authority to carry out a reorganization of the Executive Branch under the Constitution and statutes.
- [What is the Significance of the Principal Place of Business of a Corporation Stated in the Articles of Incorporation?](https://www.alburolaw.com/what-is-the-significance-of-the-principal-place-of-business-of-a-corporation-stated-in-the-articles-of-incorporation/): The Articles of Incorporation shall state the principal office where the corporation shall hold office, which must be within the Philippines.
- [Executive Powers of the President: Executive Privilege](https://www.alburolaw.com/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.
- [What is the Pardoning Power of the President?](https://www.alburolaw.com/what-is-the-pardoning-power-of-the-president/): Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant pardons, after conviction by final judgment.
- [May an Employee Be Placed on Floating Status?](https://www.alburolaw.com/may-an-employee-be-placed-on-floating-status/): When the floating status of an employee lasts for more than six (6) months, such employee may be considered to have been constructively dismissed from service.
- [What is the Military Power of the President?](https://www.alburolaw.com/what-is-the-military-power-of-the-president/): Whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion.
- [What is the Right to Security of Tenure?](https://www.alburolaw.com/what-is-the-right-to-security-of-tenure/): In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by the Labor Code.
- [Executive Powers of the President: Veto Power](https://www.alburolaw.com/executive-powers-of-the-president-veto-power/): Image Source Published — July 12, 2022 The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any. Also, the matters contained
- [Executive Powers of the President: Powers Relating to Revenue, Appropriation, and Tariff Measures](https://www.alburolaw.com/executive-powers-of-the-president-powers-relating-to-revenue-appropriation-and-tariff-measures/): The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for other departments and agencies.
- [May an Employee Question the Legality of his/her Dismissal?](https://www.alburolaw.com/may-an-employee-question-the-legality-of-his-her-dismissal/): An employee may contest legality of dismissal. Complaint for illegal dismissal shall be filed with Regional Branch of the National Labor Relations Commission.
- [What is the President’s Power of Control and Supervision?](https://www.alburolaw.com/what-is-the-presidents-power-of-control-and-supervision/): The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed.
- [What is the So-called Executive Power of the President?](https://www.alburolaw.com/what-is-the-so-called-executive-power-of-the-president/): The President shall have control of all the executive departments, bureaus, and offices. (Article VII, Section 17, 1987 Constitution)
- [What is the Power of Appointment of the President of the Philippines?](https://www.alburolaw.com/what-is-the-power-of-appointment-of-the-president-of-the-philippines/): Power of Appointment - The President shall exercise the power to appoint such officials as provided for in the Constitution and laws.
- [What Are the Kinds of Powers of a Corporation?](https://www.alburolaw.com/what-are-the-kinds-of-powers-of-a-corporation/): Incidental powers of a corporation refer to those that are deemed conferred on the corporation by virtue of its existence.
- [When Does the Term of Office of a Newly-elected President of the Philippines Begin?](https://www.alburolaw.com/when-does-the-term-of-office-of-a-newly-elected-president-of-the-philippines-begin/): The President of the Republic of the Philippines shall be elected by direct vote of the people for a term of six (6) years.
- [Who Are Entitled to and Are Exempted From 13th Month Pay?](https://www.alburolaw.com/who-are-entitled-to-and-are-exempted-from-13th-month-pay/): All employers are required to pay all their rank-and-file employees their 13th month pay not later than December 24 of every year.
- [What is the Rate of Additional Compensation for Work on a Rest Day, Sunday, or Holiday Work?](https://www.alburolaw.com/what-is-the-rate-of-additional-compensation-for-work-on-a-rest-day-sunday-or-holiday-work/): Premium pay refers to the additional compensation for work performed 8 hours on non-work days, such as rest days or special holidays or regular holidays.
- [What Are the Procedural Requirements in Dismissing an Employee Based on Just Causes?](https://www.alburolaw.com/what-are-the-procedural-requirements-in-dismissing-an-employee-based-on-just-causes/): A written notice of termination served on the employee, that upon due consideration of all the circumstances, termination grounds have been established.
- [May an Employer Dismiss an Employee for Any Reason Without Notice?](https://www.alburolaw.com/may-an-employer-dismiss-an-employee-for-any-reason-without-notice/): In determining an employee’s dismissal had been legal, inquiry focuses on whether the dismissal violated his right to substantial and procedural due process.
- [What Are the Obligations of a Stockholder?](https://www.alburolaw.com/what-are-the-obligations-of-a-stockholder/): Subscribers to stocks shall be liable to the corporation for interest on all unpaid subscriptions from the date of subscription.
- [The Crime of Blackmailing](https://www.alburolaw.com/the-crime-of-blackmailing/): Blackmailing is equivalent to and synonymous with extortion. The gravamen of blackmailing is the intent to extort money or other thing of value.
- [What Are the Instances When an Employer May Compel his/her Employees to Work on a Rest Day?](https://www.alburolaw.com/what-are-the-instances-when-an-employer-may-compel-his-her-employees-to-work-on-a-rest-day/): It shall be the duty of every employer, whether operating for profit or not, to provide each of his employees a rest period.
- [What Are the Rules on Meal and Rest Periods of Employees?](https://www.alburolaw.com/what-are-the-rules-on-meal-and-rest-periods-of-employees/): It shall be the duty of every employer to give his / her employees not less than sixty (60) minutes time-off for their regular meals.
- [What is the Rule on Accounting for Employee’s Undertime or Absences?](https://www.alburolaw.com/what-is-the-rule-on-accounting-for-employees-undertime-or-absences/): Permission given to the employee to go on leave on some other day of the week shall not exempt the employer from paying the additional compensation required.
- [What is Compressed Work Week?](https://www.alburolaw.com/what-is-compressed-work-week/): Image Source Published — June 20, 2022 The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any. Also, the matters contained
- [What is the Power of the Corporation to Sell/Dispose Corporate Assets?](https://www.alburolaw.com/what-is-the-power-of-the-corporation-to-sell-dispose-corporate-assets/): The majority of the board shall only be required to sell or dispose corporate assets if the sale or disposition does not cover or substantially all the assets.
- [What Are the Remedies of an Employee Whose Service Was Terminated Without Just, Valid, or Authorized Cause?](https://www.alburolaw.com/what-are-the-remedies-of-an-employee-whose-service-was-terminated-without-just-valid-or-authorized-cause/): Reinstatement is a restoration to a state from which one has been removed or separated. Separation pay is computed from employment commencement to termination.
- [What is the New Premium Rate of PhilHealth Contributions for 2022?](https://www.alburolaw.com/what-is-the-new-premium-rate-of-philhealth-contributions-for-2022/): Under the Universal Health Care Act and PhilHealth Circular 2020-0005, 2022 premium is 4% income floor of P10,000.00 and income ceiling of P80,000.00.
- [Who Are Corporate Officers of a Corporation?](https://www.alburolaw.com/who-are-corporate-officers-of-a-corporation/): Corporate officers are those officers who are given that character either by the Corporation Code or by the Articles of Incorporation, and by-laws.
- [Can the DOLE Make a Prima Facie Determination of the Existence of an Employer-employee Relationship?](https://www.alburolaw.com/can-the-dole-make-a-prima-facie-determination-of-the-existence-of-an-employer-employee-relationship/): The Court recognizes DOLE has the full power to determine the existence of an employer-employee relationship in cases brought to it under the Labor Code.
- [What is a Derivative Suit and Its Requisites?](https://www.alburolaw.com/what-is-a-derivative-suit-and-its-requisites/): A derivative suit is an action filed by stockholders to enforce a corporate action. The real party in interest is the corporation.
- [Who May Exercise the Powers of the Corporation?](https://www.alburolaw.com/who-may-exercise-the-powers-of-the-corporation/): The board of directors or trustees shall exercise the corporate powers, conduct all business, and control all properties of the corporation.
- [What is the First Time Jobseekers Assistance Act?](https://www.alburolaw.com/what-is-the-first-time-jobseekers-assistance-act/): The policy of the First Time Jobseekers Assistance Act is to promote full employment and equality of access to gainful work and opportunities.
- [“No sale, No More Work?”: A Brief Discussion on Employee’s  Gross Neglect of Duties](https://www.alburolaw.com/no-sale-no-more-work-a-brief-discussion-on-employees-gross-neglect-of-duties/): One of the discussion grounds for dismissal of an employee is Gross and habitual neglect of duties. Said ground is found under Article 297 on the Labor Code.
- [What is the Binding Effect of Bylaws of a Corporation?](https://www.alburolaw.com/what-is-the-binding-effect-of-bylaws-of-a-corporation/): The purpose of a by-law is to regulate the conduct and define the duties of the members towards the corporation and among themselves.
- [In Case of Disqualification of the President, who Shall Take Over His Office?](https://www.alburolaw.com/in-case-of-disqualification-of-the-president-who-shall-take-over-his-office/): In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President shall serve the unexpired term.
- [What is Garnishment?](https://www.alburolaw.com/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.
- [What is the Rationale for the Implementation of the 13th Month Pay Law?](https://www.alburolaw.com/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.
- [What Are Variable Contracts?](https://www.alburolaw.com/what-are-variable-contracts/): Variable contracts refer to any policy or contract issued by an insurance company providing for benefits under such contract that reflects investment results.
- [How is Co-ownership Terminated?](https://www.alburolaw.com/how-is-co-ownership-terminated/): Co-heirs or co-owners cannot acquire by acquisitive prescription the share of the other co-heirs or co-owners absent a clear repudiation of the co-ownership.
- [Strengthening Consumers’ Protection Against Fraud: Financial Products and Services Consumer Protection Act](https://www.alburolaw.com/strengthening-consumers-protection-against-fraud-financial-products-and-services-consumer-protection-act/): Under the SRC and FCPA, those committing investment fraud face combined criminal liability and administrative sanctions to protect financial consumer / s.
- [What is the Rule on Payment of Overtime Work?](https://www.alburolaw.com/what-is-the-rule-on-payment-of-overtime-work/): To be entitled to overtime, entitlement to overtime pay must first be established and said overtime work was actually performed.
- [What Are the Instances When a Local Recruitment Agency May Be Exempted From Solidary Liability?](https://www.alburolaw.com/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.
- [What is the Philippine Deposit Insurance Corporation and What Are Its Functions?](https://www.alburolaw.com/what-is-the-philippine-deposit-insurance-corporation-and-what-are-its-functions/): The Philippine Deposit Insurance Corporation or PDIC is a government instrumentality created by virtue of Republic Act No. 3591.
- [What is the Power of the Corporation to Deny Pre-emptive Right?](https://www.alburolaw.com/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.
- [What is the Theory of Popular Sovereignty?](https://www.alburolaw.com/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.”
- [What is the Nature of Liability of the Local Recruitment Agency and the Foreign Employer for Claims of the OFW?](https://www.alburolaw.com/what-is-the-nature-of-liability-of-the-local-recruitment-agency-and-the-foreign-employer-for-claims-of-the-ofw/): In case of a corporation or partnership, corporate officers and directors, or partners, shall be jointly and severally liable with corporation or partnership.
- [What is the Party-list System in the Philippines?](https://www.alburolaw.com/what-is-the-party-list-system-in-the-philippines/): The party-list system is a mechanism of proportional representation in the election of representatives to the House of Representatives.
- [What is the Parish Pastoral Council for Responsible Voting (PPCRV)?](https://www.alburolaw.com/what-is-the-parish-pastoral-council-for-responsible-voting-ppcrv/): The PPCRV is mandated to help from the civic conscience of the Filipino voters and campaign for an honest, meaningful, and peaceful elections.
- [What Are Quasi-contracts?](https://www.alburolaw.com/what-are-quasi-contracts/): Quasi-contract involves a juridical relation the law creates on the basis of certain voluntary, unilateral, lawful acts of a person, to avoid unjust enrichment.
- [What Are Treasury Shares?](https://www.alburolaw.com/what-are-treasury-shares-2/): Treasury shares can be distributed as property dividends. But cannot be declared as stock or cash dividends, they are not considered part of earned or profits.
- [What Are Redeemable Shares?](https://www.alburolaw.com/what-are-redeemable-shares/): Redeemable Shares are shares which may be purchased by the corporation from the holders of such shares upon the expiration of a fixed period.
- [What Are Founders’ Shares?](https://www.alburolaw.com/what-are-founders-shares/): Founders’ Shares are classified as such in the Articles of Incorporation, which are given certain rights and privileges not enjoyed by owners of other stocks.
- [What Are Preferred Shares?](https://www.alburolaw.com/what-are-preferred-shares/): The most common forms of preferred shares may be classified into two: (1) preferred shares as to assets; and (2) preferred shares as to dividends.
- [What is a Limited Partnership?](https://www.alburolaw.com/what-is-a-limited-partnership/): A limited partnership has one or more general and one or more limited partners. Limited partners are not personally liable for the partnership's obligations.
- [What Are Common Shares?](https://www.alburolaw.com/what-are-common-shares/): Common shares entitle owners to a pro-rated share of profits without any special preference or advantage over other stockholders or classes of shares.
- [What is the Double Indemnity Doctrine?](https://www.alburolaw.com/what-is-the-double-indemnity-doctrine/): Employers who refuse or fail to pay the minimum wage prescribed shall be required to pay an amount equal to double the unpaid benefits owing to the employees.
- [What is the Power of the Corporation to Increase or Decrease Capital Stock or Incur, Create, Increase Bonded Indebtedness?](https://www.alburolaw.com/what-is-the-power-of-the-corporation-to-increase-or-decrease-capital-stock-or-incur-create-increase-bonded-indebtedness/): After reading "What is the power of the corporation to increase or decrease capital stock or incur, create, increase bonded indebtedness?", read also "What is the Power of the Corporation to Extend or Shorten Corporate Term?" Section 37 of the Revised Corporation Code of the Philippines (RCCP) or the power of the corporation to increase
- [May the Refusal of an Employee to Subject Himself to a Drug Test Be Considered as a Just Cause for Termination of His Employment?](https://www.alburolaw.com/may-the-refusal-of-an-employee-to-subject-himself-to-a-drug-test-be-considered-as-a-just-cause-for-termination-of-his-employment/): An employer may terminate an employment due to willful disobedience by the employee of the lawful orders of his employer or representative with his work.
- [What Are Pre-need Plans?](https://www.alburolaw.com/what-are-pre-need-plans/): Pre-need plans are contracts providing future services, money, or benefits at the time of actual need or on a set maturity date.
- [What Are Treasury Shares?](https://www.alburolaw.com/what-are-treasury-shares/): Treasury shares are not entitled to dividends or voting rights until they are reissued. A corporation cannot declare dividends for itself.
- [When is Tender Offer in Securities Mandatory?](https://www.alburolaw.com/when-is-tender-offer-in-securities-mandatory/): The purpose of the mandatory tender offer rule is to protect minority shareholders against any scheme that dilutes the share value of their investments.
- [What Are the Powers and Functions of the Philippine Competition Commission?](https://www.alburolaw.com/what-are-the-powers-and-functions-of-the-philippine-competition-commission/): The PCC ensures the well-being of consumers and preserves the efficiency of businesses by protecting markets from anti-competitive conduct.
- [Is the Imposition of Productivity Standards a Management Prerogative?](https://www.alburolaw.com/is-the-imposition-of-productivity-standards-a-management-prerogative/): Failure to observe prescribed standards of work, or to fulfill reasonable work assignments due to inefficiency may constitute just cause for either dismissal.
- [What Are the Prohibited Practices in Conducting Recruitment for Overseas Employment?](https://www.alburolaw.com/what-are-the-prohibited-practices-in-conducting-recruitment-for-overseas-employment/): Under RA. 8042, known as the Migrant Workers & Overseas Filipinos Act of 1995, as amended by RA 10022, illegal recruitment is classified into two acts.
- [Can Expected Business Losses in the Business of the Employer Be a Valid Justification for Retrenchment?](https://www.alburolaw.com/can-expected-business-losses-in-the-business-of-the-employer-be-a-valid-justification-for-retrenchment/): Retrenchment is the authorized reduction of personnel because of imminent losses of business. Losses expected should be substantial, not merely de minimis.
- [What Are the Principles in Determining Hours Worked?](https://www.alburolaw.com/what-are-the-principles-in-determining-hours-worked/): The employer retains the management prerogative, whenever exigencies of the service so require, to change the working hours of its employees.
- [What is the Obligation of Confidentiality Under the Electronic Commerce Act of 2000?](https://www.alburolaw.com/what-is-the-obligation-of-confidentiality-under-the-electronic-commerce-act-of-2000/): No electronic document or message shall be denied legal effect because it is in electronic form and that it does not discriminate between types of technology.
- [Does the Continuous Rehiring of a Project Employee Make Him a Regular Employee?](https://www.alburolaw.com/does-the-continuous-rehiring-of-a-project-employee-make-him-a-regular-employee/): A project employee is one whose employment has been fixed for a specific project or undertaking, the completion or termination of which has been determined.
- [What is the Doctrine of Strained Relations?](https://www.alburolaw.com/what-is-the-doctrine-of-strained-relations/): After reading "What Is The Doctrine Of Strained Relations?", read also "Are Part-Time Workers in the Private Sector Entitled to Retirement Benefits?” Where the relationship of the employer with the employee is so strained and ruptured as to preclude a harmonious working relationship, the employee should be afforded the right to a separation pay. The
- [What is the Legal Recognition of Electronic Signatures?](https://www.alburolaw.com/what-is-the-legal-recognition-of-electronic-signatures/): An electronic signature relating to an electronic document or electronic data message shall be equivalent to the signature of a person on a written document.
- [Are Part-time Workers in the Private Sector Entitled to Retirement Benefits?](https://www.alburolaw.com/are-part-time-workers-in-the-private-sector-entitled-to-retirement-benefits/): Retirement benefits are intended to help the employee enjoy the remaining years of his life and a form of reward for his loyalty and service to the employer.
- [What is the Legal Recognition of Electronic Documents?](https://www.alburolaw.com/what-is-the-legal-recognition-of-electronic-documents/): Electronic documents shall have the legal effect, validity or enforceability as any other document or legal writing. What is the legal recognition?
- [What is the Power of the Corporation to Extend or Shorten Corporate Term?](https://www.alburolaw.com/what-is-the-power-of-the-corporation-to-extend-or-shorten-corporate-term/): A corporate term for a specific period may be extended or shortened by amending the articles of incorporation. (Sec 11, Revised Corporation Code)
- [What Are the Duties of a Personal Information Controller Under R.A. No. 10173?](https://www.alburolaw.com/what-are-the-duties-of-a-personal-information-controllerunder-r-a-no-10173/): A personal information controller refers to any person or organization who controls the collection, holding, processing, or the use of personal information.
- [What is the Legal Recognition of Electronic Data Messages?](https://www.alburolaw.com/what-is-the-legal-recognition-of-electronic-data-messages/): Electronic data message refers to information generated, sent, received or stored by electronic, optical or similar means. (Section 5.5, Republic Act No. 8792)
- [What Are the Rights of an Employee Under R.A. No. 11165 or the Telecommuting Act of 2018?](https://www.alburolaw.com/what-are-the-rights-of-an-employee-under-r-a-no-11165-or-the-telecommuting-act-of-2018/): Telecommuting refers to a work from an alternative workplace with the use of telecommunications and/or computer technologies.
- [What is the Presumption Relating to Electronic Signatures?](https://www.alburolaw.com/what-is-the-presumption-relating-to-electronic-signatures/): Access to an electronic signature of an electronic data message or electronic document shall only be authorized & enforced in favor of the individual or entity.
- [Can the Data Privacy Act of 2012 Have Extraterritorial Application?](https://www.alburolaw.com/can-the-data-privacy-act-of-2012-have-extraterritorial-application/): Republic Act No. 10173, or the Data Privacy Act was enacted to protect all forms of information, whether private, personal, or sensitive.
- [What is the Bureau of Local Employment?](https://www.alburolaw.com/what-is-the-bureau-of-local-employment/): The Bureau of Local Employment shall promote full employment by facilitating access of Filipino jobseekers to local employment opportunities.
- [Who Has the Power to Suspend the Effects of Termination of Employment?](https://www.alburolaw.com/who-has-the-power-to-suspend-the-effects-of-termination-of-employment/): The Secretary of the Department of Labor and Employment may defer or suspend the effects of termination while a case of labor dispute is still pending.
- [What is the Special Fact Doctrine?](https://www.alburolaw.com/what-is-the-special-fact-doctrine/): The Special Fact Doctrine holds that a corporate officer with superior knowledge gained by virtue of being an insider owes a fiduciary duty to a shareholder.
- [What Are Types of Managerial Employees?](https://www.alburolaw.com/what-are-types-of-managerial-employees/): The primary duty of a managerial employee consists of the management of the establishment in which they are employed or of a department or subdivision thereof.
- [Who May Exercise Regulatory Powers Over Recruitment and Placement Activities?](https://www.alburolaw.com/who-may-exercise-regulatory-powers-over-recruitment-and-placement-activities/): POEA shall continue to regulate private sector participation in the recruitment and overseas placement of workers through its licensing and registration system.
- [What is a Short Sale?](https://www.alburolaw.com/what-is-a-short-sale/): After reading "What is a Short Sale?", read also "Are Strikes and Lockouts in Hospitals, Clinics, and Similar Medical Institutions Prohibited?” A short sale is a sale of a security that the seller does not own, or a sale consummated by the delivery of a borrowed security of the seller or for the account of
- [Are Strikes and Lockouts in Hospitals, Clinics, and Similar Medical Institutions Prohibited?](https://www.alburolaw.com/are-strikes-and-lockouts-in-hospitals-clinics-and-similar-medical-institutions-prohibited/): After reading "Are Strikes and Lockouts in Hospitals, Clinics, and Similar Medical Institutions Prohibited?", read also "What is Option Trading?” Strikes and lockouts in hospitals, clinics, and similar medical institutions shall be avoided by labor and management, as well as the government to minimize or prevent the adverse effects on life and health of patients.
- [What is Option Trading?](https://www.alburolaw.com/what-is-option-trading/): Stock option granted to employees or officials who are not members of the board is allowed or may be approved by the SEC subject to a review.
- [May a Foreign State Make a Request for Assistance in the Investigation or Prosecution of a Money Laundering Offense?](https://www.alburolaw.com/may-a-foreign-state-make-a-request-for-assistance-in-the-investigation-or-prosecution-of-a-money-laundering-offense/): The AMLC shall receive/take action in respect of request from foreign States for assistance in their own Anti-Money Laundering and Counter-Terrorism Financing.
- [What Are Corporate Powers?](https://www.alburolaw.com/what-are-corporate-powers/): A corporation can perform acts as long as it is not prohibited by general law and not contrary to morals and public policy.
- [What is the Innocent Bystander Rule?](https://www.alburolaw.com/what-is-the-innocent-bystander-rule/): Picketing consists in walking or patrolling in the vicinity of a place of business involved in a labor dispute to inform the public about an ongoing dispute.
- [What Are Covered Institutions Under the Anti-money Laundering Act?](https://www.alburolaw.com/what-are-covered-institutions-under-the-anti-money-laundering-act/): Covered “Institutions” was changed to Covered “Persons” under R.A. No. 10365. Covered persons are natural or juridical and shall register with the AMLC.
- [What Are Investment Contracts?](https://www.alburolaw.com/what-are-investment-contracts/): An investment contracts are presumed to exist whenever a person seeks to use the money or property of others on the promise of profits.
- [What is Money Laundering?](https://www.alburolaw.com/what-is-money-laundering/): Money laundering is a crime whereby the proceeds of an unlawful activity are transacted, thereby making them appear to have originated from legitimate sources.
- [How is Employer-employee Relationship Determined?](https://www.alburolaw.com/how-is-employer-employee-relationship-determined/): The benchmark “reality” for the existence of an employer-employee relationship is economic dependence of the worker on his employer.
- [What is Wage Distortion?](https://www.alburolaw.com/what-is-wage-distortion/): Wage distortion can only exist where the wage adjustment is brought about by a wage order, not by management prerogative.
- [What Are Bylaws?](https://www.alburolaw.com/what-are-bylaws/): After reading "What are bylaws?", read also "What does it mean to pierce the corporate veil?" Bylaws refer to continuing rules of action adopted by the corporation for its own government and that of the individuals composing it. Bylaws of a corporation must be consistent with the Corporation Code, other pertinent laws and regulations, as
- [What Does It Mean to Pierce the Corporate Veil?](https://www.alburolaw.com/what-does-it-mean-to-pierce-the-corporate-veil/): The corporate veil is pierced when a firm's separate persona hides fraud, illegal acts, debt evasion, or law circumvention, making owners personally liable.
- [May a Stockholder Bring Suit to Compel the Corporate Secretary to Register Valid Transfer of Stocks?](https://www.alburolaw.com/may-a-stockholder-bring-suit-to-compel-the-corporate-secretary-to-register-valid-transfer-of-stocks/): It is the duty and obligation of the corporate secretary to register the transfer of stocks. Refusal to register transfer may be compelled to do so by mandamus.
- [How Are Shares of Stocks Transferred?](https://www.alburolaw.com/how-are-shares-of-stocks-transferred/): Like any other personal property, an owner of shares of stocks can sell, assign, transfer or convey his property to another person as an attribute of ownership.
- [Administrative Sanctions and Criminal Penalties Under the Pre-need Code of the Philippines](https://www.alburolaw.com/administrative-sanctions-and-criminal-penalties-under-the-pre-need-code-of-the-philippines/): The failure to disclose any material fact required to be stated in the registration statement or other reports required to be filed with the Commission.
- [Conservatorship and Proceedings Upon Insolvency of Pre-need Companies](https://www.alburolaw.com/conservatorship-and-proceedings-upon-insolvency-of-pre-need-companies/): Insolvency refers to the financial condition of a pre-need company that is generally unable to pay its liabilities as they fall due
- [On Annual Pre-need Reserve Valuation Report of Pre-need Companies](https://www.alburolaw.com/on-annual-pre-need-reserve-valuation-report-of-pre-need-companies/): Per RA 9829, pre-need firms must annually calculate reserves and liabilities, then submit a reserve valuation report to the Insurance Commission.
- [Duties of Actuaries for Pre-need Companies](https://www.alburolaw.com/duties-of-actuaries-for-pre-need-companies/): An actuary (actuaries) is a person who has been trained for calculating premiums, dividends, pensions reserves, employee benefits and risks.
- [What is a Trust Fund Under the Pre-need Code of the Philippines?](https://www.alburolaw.com/what-is-a-trust-fund-under-the-pre-need-code-of-the-philippines/): A trust fund is set up from planholders' payments to cover the costs of benefits, termination values, and other expenses ensuring contract fulfillment.
- [On Investment of the Trust Fund Under the Pre-need Code of the Philippines](https://www.alburolaw.com/on-investment-of-the-trust-fund-under-the-pre-need-code-of-the-philippines/): May a trust fund be invested in equities? Yes. However, investments in equities shall be limited to stocks listed on the main board of a local stock exchange.
- [When Should an Employee File All His Money Claims Arising From Employer-employee Relationship?](https://www.alburolaw.com/when-should-an-employee-file-all-his-money-claims-arising-from-employer-employee-relationship/): When should an employee file all his money claims arising from employer-employee relationship? The Supreme Court said: Under Article 291 (now article 306) of the Labor Code of the Philippines, all money claims arising from employer-employee relations shall be filed within three (3) years from the time of entitlement; otherwise, they shall forever barred. This means that an employee can no longer claim his money claims arising from employer-employee relations unless filed within the said three (3) years.
- [On Terms and Conditions of a Trust Fund Under the Pre-need Code of the Philippines](https://www.alburolaw.com/on-terms-and-conditions-of-a-trust-fund-under-the-pre-need-code-of-the-philippines/): Under RA 9829 (Pre-need Code), a separate trust fund must be established for each type of pre-need plan in a Philippine trust company, bank or investment house.
- [On Payment of Plan Proceeds](https://www.alburolaw.com/on-payment-of-plan-proceeds/): In case of scheduled benefit plan, proceeds shall be paid immediately upon maturity of contract. The planholder may institute necessary legal action in court
- [May the License of a Foreign Corporation to Transact Business in the Philippines be Revoked?](https://www.alburolaw.com/may-the-license-of-a-foreign-corporation-to-transact-business-in-the-philippines-be-revoked/): A foreign corporation lawfully doing business in the Philippines shall be bound by all laws applicable to domestic corporations.
- [Scope and Coverage of Republic Act No. 10870 or the Philippine Credit Card Industry Regulation Law](https://www.alburolaw.com/scope-and-coverage-of-republic-act-no-10870-or-the-philippine-credit-card-industry-regulation-law/): It is the policy of State to foster development of the credit card industry as in indispensable tool in making consumer credit readily available to Filipinos
- [Effects of Voluntary Resignation From Employment](https://www.alburolaw.com/effects-of-voluntary-resignation-from-employment/): The acts of the employee before and after the alleged resignation must be considered in determining whether he, in fact, intended to terminate his employment.
- [What is ‘Offshore Gaming Licensee’?](https://www.alburolaw.com/what-is-offshore-gaming-licensee/): The offshore gaming licensee-gaming agent shall not be involved with operations of the offshore gaming licensee & shall derive no income from the said business.
- [Prohibited Acts Under Republic Act No. 9367 or the Biofuels Act of 2006](https://www.alburolaw.com/prohibited-acts-under-republic-act-no-9367-or-the-biofuels-act-of-2006/): The following shall be prohibited: Diversion of biofuels, whether locally produced or imported, to purposes other than those envisioned in the Biofuels Act.
- [Incentive Scheme Under Republic Act No. 9367 or the Biofuels Act of 2006](https://www.alburolaw.com/incentive-scheme-under-republic-act-no-9367-or-the-biofuels-act-of-2006/): Investments in production, distribution of locally produced biofuels have incentives. Specific tax on local or imported biofuels, per liter of shall be zero.
- [Mandatory Use of Biofuels Under Republic Act No. 9367 or the Biofuels Act of 2006](https://www.alburolaw.com/mandatory-use-of-biofuels-under-republic-act-no-9367-or-the-biofuels-act-of-2006/): Biofuels Act of 2006, as amended, mandates that all liquid fuels for motors & engines sold in the Philippines shall contain locally-sourced biofuels components.
- [What is Republic Act No. 11361 or “Anti-obstruction of Power Lines Act”?](https://www.alburolaw.com/what-is-republic-act-no-11361-or-anti-obstruction-of-power-lines-act/): Under RA No. 11361, the continuous conveyance of electricity is a matter of national security and is essential to sustaining the country’s economic development.
- [What is Republic Act No. 7279 or the “Urban Development Housing Act of 1992”?](https://www.alburolaw.com/what-is-republic-act-no-7279-or-the-urban-development-housing-act-of-1992/): It is the policy of the State to undertake, in cooperation with the private sector, a comprehensive and continuing Urban Development and Housing Program.
- [On Exploration Permit Under Republic Act No. 7942 or the “Philippine Mining Act of 1995”](https://www.alburolaw.com/on-exploration-permit-under-republic-act-no-7942-or-the-philippine-mining-act-of-1995/): The Mines and Geosciences Bureau under the Department of Environment and Natural Resources have authority to grant an exploration permit to qualified persons.
- [Mineral Agreements Under Republic Act No. 7942 or the Philippine Mining Act of 1995](https://www.alburolaw.com/mineral-agreements-under-republic-act-no-7942-or-the-philippine-mining-act-of-1995/): A mineral agreement shall grant to the contractor exclusive right to conduct mining operations and to extract all mineral resources found in the contract area
- [On the Practice of Real Estate Service Under Republic Act No. 9646 or the “Real Estate Service Act of the Philippines”](https://www.alburolaw.com/on-the-practice-of-real-estate-service-under-republic-act-no-9646-or-the-real-estate-service-act-of-the-philippines/): All real estate brokers and private real estate appraisers shall be required to post a professional indemnity insurance or cash or surety bond.
- [Issuance of the Certificate of Registration and Professional Identification Card Under Republic Act No. 9646 or the “Real Estate Service Act of the Philippines”](https://www.alburolaw.com/issuance-of-the-certificate-of-registration-and-professional-identification-card-under-republic-act-no-9646-or-the-real-estate-service-act-of-the-philippines/): Issuance of the Certificate of Registration and Professional Identification Card Under Republic Act No. 9646 or the “Real Estate Service Act of the Philippines”
- [Qualifications of Applicants for Licensure Examination Under Republic Act No. 9646 or the “Real Estate Service Act of the Philippines”](https://www.alburolaw.com/qualifications-of-applicants-for-licensure-examination-under-republic-act-no-9646-or-the-real-estate-service-act-of-the-philippines/): Examinations for the practice of real estate service in shall be given by the PRC at least once every year in such places and dates as the PRC may designate.
- [What is Republic Act No. 9646 or the “Real Estate Service Act of the Philippines”](https://www.alburolaw.com/what-is-republic-act-no-9646-or-the-real-estate-service-act-of-the-philippines/): The State promotes real estate practitioners to drive economic growth, stimulate market activity, and boost government revenue from property transactions.
- [Penalties Under the Mental Health Act](https://www.alburolaw.com/penalties-under-the-mental-health-act/): The Department of Health (DOH) shall ensure that a safe, therapeutic, and hygienic environment with sufficient privacy exists in all mental health facilities.
- [Treatment and Consent of Service Users Under the Mental Health Act](https://www.alburolaw.com/treatment-and-consent-of-service-users-under-the-mental-health-act/): Service users must provide informed consent prior to the implementation by mental health professionals of any program of therapy.
- [Duties and Responsibilities of the Department of Health Under the Mental Health Act](https://www.alburolaw.com/duties-and-responsibilities-of-the-department-of-health-under-the-mental-health-act/): The Department of Health (DOH) shall ensure that a safe, therapeutic, and hygienic environment with sufficient privacy exists in all mental health facilities.
- [What is Republic Act No. 11036 or the “Mental Health Act”?](https://www.alburolaw.com/what-is-republic-act-no-11036-or-the-mental-health-act/): The State affirms the basic right of all Filipinos to mental health as well as the fundamental rights of people who require mental health services.
- [What is Republic Act No. 9512 or the National Environmental Awareness and Education Act of 2008?](https://www.alburolaw.com/what-is-republic-act-no-9512-or-the-national-environmental-awareness-and-education-act-of-2008/): RA 9512 mandates environmental education to protect our ecology, integrating green policies into school curricula to promote social progress and development.
- [Service Users and their Rights Under Republic Act No. 11036 or the "Mental Health Act"](https://www.alburolaw.com/who-are-service-users-and-what-are-their-rights-under-republic-act-no-11036-or-the-mental-health-act/): Service user refers to a person with lived experience of any mental health condition including persons who require psychiatric, neurologic or psychosocial care
- [Liability of Retailers and Sellers Under Republic Act No. 10643 or the Graphic Health Warnings Law](https://www.alburolaw.com/liability-of-retailers-and-sellers-under-republic-act-no-10643-or-the-graphic-health-warnings-law/): Manufacturer refers to any person or entity that is engaged in the business of manufacturing or assembling tobacco products.
- [What is Republic Act No. 10643 or “The Graphic Health Warnings Law”?](https://www.alburolaw.com/what-is-republic-act-no-10643-or-the-graphic-health-warnings-law/): Tobacco product packages shall have two (2) components: a photographic picture warning and an accompanying textual warning that is related to the picture.
- [On Distribution of Assets in Nonstock Corporations](https://www.alburolaw.com/on-distribution-of-assets-in-nonstock-corporations/): A plan providing for the distribution of assets, may be adopted by a nonstock corporation upon approval of at least two-thirds of members having voting rights.
- [Expanded Jurisdiction of First Level Courts](https://www.alburolaw.com/expanded-jurisdiction-of-first-level-courts/): Republic Act No. 11576 will take effect fifteen (15) days following its publication in the Official Gazette or in 2 national newspapers of general circulations.
- [Restrictions on Advertising Under Tobacco Regulation Act of 2003](https://www.alburolaw.com/restrictions-on-advertising-under-tobacco-regulation-act-of-2003-2/): All tobacco advertising in mass media shall contain the following health warning; "GOVERNMENT WARNING: Cigarette Smoking is Dangerous to Your Health."
- [When Do Philippine Laws Become Effective?](https://www.alburolaw.com/when-do-philippine-laws-become-effective/): Philippine laws do take effect after fifteen (15) days following the completion of their publication, unless it is otherwise provided.
- [Application for Agricultural Free Patents](https://www.alburolaw.com/application-for-agricultural-free-patents/): A free patent is a mode of disposition of public agricultural land. Only natural-born citizens of the Philippines may apply for agricultural free patents.
- [What is Republic Act No. 9211 or Tobacco Regulation Act of 2003?](https://www.alburolaw.com/what-is-republic-act-no-9211-or-tobacco-regulation-act-of-2003/): Tobacco refers to agricultural components derived from the tobacco plant which are processed for use in the manufacturing of cigarettes.
- [Imposition of Excise Tax on Removal of Sweetened Beverages Products for Export](https://www.alburolaw.com/imposition-of-excise-tax-on-removal-of-sweetened-beverages-products-for-export/): Exported sweetened beverages require excise tax payment by the manufacturer upon removal from the factory, per RR 10-2021; refunds are claimed after shipping.
- [Working Conditions of Delivery Riders in Food Delivery and Courier Activities](https://www.alburolaw.com/working-conditions-of-delivery-riders-in-food-delivery-and-courier-activities/): A delivery rider refers to any accredited person who, through the digital platform, receives the order from the merchant or the parcel from the customer.
- [Athletes Winning in an International Sports Competition](https://www.alburolaw.com/athletes-winning-in-an-international-sports-competition/): Athletes who have represented the country in international sports competitions who win gold, silver or bronze medals are entitled to cash incentives.
- [Is the Transfer of Ownership From the Subdivision Owner-developer to the Local Government Automatic?](https://www.alburolaw.com/is-the-transfer-of-ownership-from-the-subdivision-owner-developer-to-the-local-government-automatic/): Generally, contracts are obligatory in whatever form they may have been entered into, provided all the essential requisites for their validity are present.
- [Abandonment of Work as a Ground of Dismissal From Employment](https://www.alburolaw.com/abandonment-of-work-as-a-ground-of-dismissal-from-employment/): Abandonment of work is a clear intent to discontinue one’s employment without any intention of returning back. Mere failure to report to work is insufficient.
- [Prohibited Acts Under the Magna Carta for Homeowners and Homeowners’ Associations](https://www.alburolaw.com/prohibited-acts-under-the-magna-carta-for-homeowners-and-homeowners-associations/): A homeowner cannot be deprived of his right to avail of or enjoy basic community services and cannot be prevented from participating in association meetings
- [What is Grievance Machinery?](https://www.alburolaw.com/what-is-grievance-machinery/): Grievance is any question by either the employer or the union regarding the Collective Bargaining Agreement. A grievance machinery is
- [What is Magna Carta for Homeowners and Homeowners’ Association?](https://www.alburolaw.com/what-is-magna-carta-for-homeowners-and-homeowners-association/): Republic Act No. 9904 otherwise known as the “Magna Carta for Homeowners and Homeowners’ Associations” was passed into law.
- [Obligations of the Partners With Regard to Third Persons (Part II)](https://www.alburolaw.com/obligations-of-the-partners-with-regard-to-third-persons-part-ii/): An admission made by any partners concerning partnership affairs within the scope of his authority is evidence against the partnership.
- [Penal Provisions of the Social Security Act of 2018](https://www.alburolaw.com/penal-provisions-of-the-social-security-act-of-2018/): The law says: The following are prohibited: Whoever, for the purpose of causing any payment to be made under the Social Security Act of 2018
- [Priority of Security Interest Under Personal Property Security Act](https://www.alburolaw.com/priority-of-security-interest-under-personal-property-security-act/): The priority of security interests and liens in the same collateral shall be determined according to time of registration of a notice .
- [Property Manager Under the Real Estate Investment Trust (REIT) Act of 2009](https://www.alburolaw.com/property-manager-under-the-real-estate-investment-trust-reit-act-of-2009/): Real Estate Investment Trust (REIT) shall appoint a Property Manager who shall be independent of the REIT, its promoter/s or sponsor/s.
- [Fund Manager Under the Real Estate Investment Trust (REIT) Act of 2009](https://www.alburolaw.com/fund-manager-under-the-real-estate-investment-trust-reit-act-of-2009/): A Real Estate Investment Trust shall appoint a Fund Manager who shall be independent of the REIT, its promoter/s or sponsor/s.
- [Validity of Entruster’s Security Interest as Against Creditors Under the Trust Receipts Law](https://www.alburolaw.com/validity-of-entrusters-security-interest-as-against-creditors-under-the-trust-receipts-law/): Trustees must remit sale proceeds to the entruster or return unsold goods, as they hold the items in trust while the entruster retains security title.
- [Benefits and Privileges of the Balikbayan Under Republic Act No. 6768 Known as an Act Instituting a Balikbayan Program, as Amended](https://www.alburolaw.com/benefits-and-privileges-of-the-balikbayan-under-republic-act-no-6768-known-as-an-act-instituiting-a-balikbayan-program-as-amended/): The term “Balikbayan” refers to a Filipino citizen who has been continuously out of the Philippines for a period of at least one (1) year.
- [May a Foreigner Be Deported Even if What He Violated Was a Foreign Law?](https://www.alburolaw.com/may-a-foreigner-be-deported-even-if-what-he-violated-was-a-foreign-law/): MAY A FOREIGNER BE DEPORTED EVEN IF WHAT HE VIOLATED WAS A FOREIGN LAW? An alien found to have violated a foreign law may be excluded in the country
- [What Are the Property Rights of a Partner?](https://www.alburolaw.com/what-are-the-property-rights-of-a-partner/): A partner is co-owner with his partners of specific partnership property. A partner’s interest in the partnership is his share of the profits and surplus
- [When May an Alien Be Deported?](https://www.alburolaw.com/when-may-an-alien-be-deported/): Aliens shall be arrested upon the warrant of the Commissioner of Immigration. No alien shall be deported without being informed of the deportation grounds.
- [When to Renegotiate a Collective Bargaining Agreement?](https://www.alburolaw.com/when-to-renegotiate-a-collective-bargaining-agreement/): WHEN TO RENEGOTIATE A COLLECTIVE BARGAINING AGREEMENT? Can the union renegotiate the Collective Bargaining Agreement with GMC?
- [Allowable Investments of Real Estate Investment Trust (REIT)](https://www.alburolaw.com/allowable-investments-of-real-estate-investment-trust-reit/): A REIT may invest in real estate-related assets, evidence of indebtedness of Republic of the Philippines. A REIT may invest in cash and cash equivalent items.
- [Functions of Real Estate Investment Trust (REIT)](https://www.alburolaw.com/functions-of-real-estate-investment-trust-reit/): Real Estate Investment Trust shall have all of the powers of a corporation under the Revised Corporation Code. REIT shall not perform quasi-banking functions.
- [Requirements Under Real Estate Investment Trust (REIT)](https://www.alburolaw.com/requirements-under-real-estate-investment-trust-reit/): The exchange requirements: sponsors to join the Listing Agreement and set reporting rules to monitor the REIT through internal controls and procedures.
- [Dividend Distribution Under Real Estate Investment Trust (REIT)](https://www.alburolaw.com/dividend-distribution-under-real-estate-investment-trust-reit/): A Real Estate Investment Trust (REIT) shall distribute annually, a total of at least 90% of its Distributable Income as dividend to its shareholders.
- [Investment in the Real Estate Investment Trust (REIT)](https://www.alburolaw.com/investment-in-the-real-estate-investment-trust-reit/): Discussion on the business plan for property investment and management covering the scope and type of investments made or intended to be made by the REIT.
- [Management of Public Records Under Republic Act No. 9470 Known as the National Archives of the Philippines Act of 2007](https://www.alburolaw.com/management-of-public-records-under-republic-act-no-9470-known-as-the-national-archives-of-the-philippines-act-of-2007/): To manage records, Republic Act No. 9470 known as the National Archives of the Philippines Act of 2007 (RA 9470) established Archives and Records Offices.
- [What is Collective Bargaining Agreement?](https://www.alburolaw.com/what-is-collective-bargaining-agreement/): A bargaining representative means a legitimate labor organization. When a party desires to negotiate an agreement, it shall serve upon the other party with a statement of its proposals
- [What Are Liquidated Damages?](https://www.alburolaw.com/what-are-liquidated-damages/): Liquidated damages, whether intended as an indemnity or a penalty, shall be equitably reduced if they are iniquitous or unconscionable.
- [Disclosure of Computer Data Under Crime Prevention Act](https://www.alburolaw.com/disclosure-of-computer-data-under-crime-prevention-act/): Collection of computer data may be done only upon the issuance of a court warrant. Any evidence procured without a valid warrant shall be inadmissible.
- [The Real Estate Investment Trust (REIT) Act of 2009](https://www.alburolaw.com/the-real-estate-investment-trust-reit-act-of-2009/): Investment in the REIT shall be by way of subscription to or purchase of shares of stock of the REIT. What is a Real Estate Investment Trust?
- [Penalties for Cybercrime Offenses](https://www.alburolaw.com/penalties-for-cybercrime-offenses/): PENALTIES FOR CYBERCRIME OFFENSES. Juridical persons such as corporations may also be held liable for violation of the same law
- [Cybercrime Offenses Under the Cybercrime Prevention Act](https://www.alburolaw.com/cybercrime-offenses-under-the-cybercrime-prevention-act/): Confidentiality and integrity of computer data and systems are protected. The misuse of computer devises may be punishable under the Cybercrime Prevention Act.
- [What is Cybercrime Prevention Act of 2012?](https://www.alburolaw.com/what-is-cybercrime-prevention-act-of-2012/): The Republic Act No. 10175, otherwise known as the “Cybercrime Prevention Act of 2012” is a law that was approved on September 12, 2012.
- [Enforcement of Security Interest of Secured Creditor’s Rights Under Personal Property Security Act](https://www.alburolaw.com/enforcement-of-security-interest-of-secured-creditors-rights-under-personal-property-security-act/): The secured creditor may enforce its security interest whether through a judicial process or through an extra-judicial process.
- [Breach of Warranty Against Eviction](https://www.alburolaw.com/breach-of-warranty-against-eviction/): If the property sold does not possess certain qualities, the purchaser may either consider the sale void. The buyer may claim damages for breach of warranty
- [Obligations of Partners Among Themselves (Part I)](https://www.alburolaw.com/obligations-of-partners-among-themselves-part-i/): May the partners stipulate as to when their partnership begins? A partnership begins from the moment of the execution of the contract . . .
- [Contract of Lease](https://www.alburolaw.com/contract-of-lease/): The contract of lease may be of things, or of work and service. Does the contract of lease only involve things?
- [Contractual Limitation on the Creation of a Security Interest Under Personal Property Security Act](https://www.alburolaw.com/contractual-limitation-on-the-creation-of-a-security-interest-under-personal-property-security-act/): A security interest in an account receivable shall be effective notwithstanding any agreement between the grantor and the account debtor
- [Compulsory Coverage of the Self-employed Under Social Security Act of 2018](https://www.alburolaw.com/compulsory-coverage-of-the-self-employed-under-social-security-act-of-2018/): Coverage in the Social Security System shall also be compulsory upon such self-employed persons as, including, but not limited to the ff:
- [Right to Proceeds and Commingled Funds and Money Under Personal Property Security Act](https://www.alburolaw.com/right-to-proceeds-and-commingled-funds-and-money-under-personal-property-security-act/): Security interest shall extend to commingled money or funds, notwithstanding the proceeds have ceased to be identifiable to the extent they remain traceable.
- [What Are Nominal Damages?](https://www.alburolaw.com/what-are-nominal-damages/): Nominal damages are small sums fixed by the court without regard to the extent of the harm done to the injured party.
- [What Are the Penalties for Violation of Republic Act 9231 Otherwise Known as “Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act”?](https://www.alburolaw.com/what-are-the-penalties-for-violation-of-republic-act-9231-otherwise-known-as-special-protection-of-children-against-child-abuse-exploitation-and-discrimination-act/): Maximum penalties may be imposed for violation of the Special Protection of Children against Child Abuse, Exploitation and Discrimination Act
- [Creation of a Security Interest Under Personal Property Security Act](https://www.alburolaw.com/creation-of-a-security-interest-under-personal-property-security-act/): Security agreements must be in a signed written contract. One or more combined writings may be used to prove the intent to create a security interest.
- [What is the Effect of the Separation of Employee on the Obligation to Contribute and Remit Under Social Security Law?](https://www.alburolaw.com/what-is-the-effect-of-the-separation-of-employee-on-the-obligation-to-contribute-and-remit-under-social-security-law/): Employer and employee SSS contribution duties cease at the end of the month of separation for workers under compulsory coverage.
- [What is Personal Property Security Act?](https://www.alburolaw.com/what-is-personal-property-security-act/): The law shall apply to all transactions of any forms that secure an obligation with personal property, whether it is tangible or intangible asset.
- [What Are Moral Damages?](https://www.alburolaw.com/what-are-moral-damages/): Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation.
- [Secrecy of Foreign Currency Deposits](https://www.alburolaw.com/secrecy-of-foreign-currency-deposits/): Foreign currency deposits shall be exempt from attachment, garnishment, or any other order or process of any court.
- [Confidentiality of Credit Information](https://www.alburolaw.com/confidentiality-of-credit-information/): A credit information system will directly address the need for reliable credit information concerning the credit standing and track record of borrowers.
- [Lessee is Not Allowed to Deny the Title of His Lessor](https://www.alburolaw.com/lessee-is-not-allowed-to-deny-the-title-of-his-lessor/): Lease rights don't depend on title. In unlawful detainer, once a lessor-lessee link is proven, raising ownership issues is futile and irrelevant.
- [Existence of Partnership Without Being Legally Formed](https://www.alburolaw.com/existence-of-partnership-without-being-legally-formed/): Existence of Partnership Without Being Legally Formed? Persons are liable as general partners even when the partnership is not legally formed
- [The Credit Information System](https://www.alburolaw.com/the-credit-information-system/): Banks, quasi-banks, insurers, and credit providers must regularly submit basic credit data and updates to the Credit Information Corporation (CIC).
- [Instances When a Lessee May Be Ejected Under the Rent Control Act](https://www.alburolaw.com/instances-when-a-lessee-may-be-ejected-under-the-rent-control-act/): INSTANCES WHEN A LESSEE MAY BE EJECTED UNDER THE RENT CONTROL ACT. The lessor and the lessee may engage in a written rent-to-own agreement
- [What is Rent Control Act?](https://www.alburolaw.com/what-is-rent-control-act/): To protect housing tenants in the lower income brackets and other beneficiaries from unreasonable rent increases, Republic Act No. 9653 or the “Rent Control Act of 2009” was enacted.
- [Authority to Deposit Foreign Currencies](https://www.alburolaw.com/authority-to-deposit-foreign-currencies/): The banks designated by the Central Bank shall have the authority to accept deposits and to accept foreign currencies in trust.
- [Philippine Bank Secrecy Law](https://www.alburolaw.com/philippine-bank-secrecy-law/): All deposits of whatever nature with banks or banking institution are considered as of an absolutely confidential nature.
- [Is “No Vaccine, No Work Policy” Allowed?](https://www.alburolaw.com/is-no-vaccine-no-work-policy-allowed/): IS “NO VACCINE, NO WORK POLICY” ALLOWED? Establishments may procure COVID-19 vaccines, supplies, and other services
- [Anti-Money Laundering Council](https://www.alburolaw.com/anti-money-laundering-council/): Anti-Money Laundering Council requires and receives covered transaction reports from covered institutions.
- [When Nonpayment of the Unpaid Purchase Price is Justified](https://www.alburolaw.com/when-nonpayment-of-the-unpaid-purchase-price-is-justified/): The buyer may also ask for reduction of the price. A seller may lose his right to collect the unpaid balance of the purchase price
- [Authority to Inquire Into Bank Deposits Under Anti-Money Laundering Act](https://www.alburolaw.com/authority-to-inquire-into-bank-deposits-under-anti-money-laundering-act/): Authority to inquire or examine the main account and related accounts shall comply with the requirements of Article III, Sections 2&3 of the 1987 Constitution
- [Implied Warranty in a Contract of Sale](https://www.alburolaw.com/implied-warranty-in-a-contract-of-sale/): The vendor is responsible for warranty against the hidden defects. A complaint for breach of implied warranty must be timely filed.
- [Prosecution of Money Laundering](https://www.alburolaw.com/prosecution-of-money-laundering/): Any person may be charged with and convicted of both the offense of money laundering and the unlawful activity.
- [Sale Before Partition of a Co-owned Property](https://www.alburolaw.com/sale-before-partition-of-a-co-owned-property/): No individual can claim title to a definite or concrete portion before partition of a co-owned property. A co-owner can sell his or her share even before partition
- [Gender-based Sexual Harassment in the Workplace](https://www.alburolaw.com/gender-based-sexual-harassment-in-the-workplace/): Workplace sexual harassment is internationally condemned. The Safe Space Act however expanded the law against sexual harassment.
- [May the Oral Statement of a Seller Be Considered as a Warranty?](https://www.alburolaw.com/may-the-oral-statement-of-a-seller-be-considered-as-a-warranty/): A warranty is a statement or representation made by the seller of goods. May the statement of a seller be considered as warranty?
- [What is Recto Law?](https://www.alburolaw.com/what-is-recto-law/): What is Recto Law? The law says: Recto Law applies only to sale of personal property on installment basis.
- [Forfeiture Provisions Under Anti-Money Laundering Act](https://www.alburolaw.com/forfeiture-provisions-under-anti-money-laundering-act/): What happens if it was proven that the monetary instrument or property of the offender is in any way related to money laundering offense?
- [Ownership, Usage and Administration of the Working Child’s Income](https://www.alburolaw.com/ownership-usage-and-administration-of-the-working-childs-income/): The income of the working child shall belong to him or her. The income or property of the working child shall be administered by both parents
- [Penalties for Money Laundering](https://www.alburolaw.com/penalties-for-money-laundering/): Money laundering is committed by any person who, knowing that any monetary instrument or property represents, involves, or relates to the ...
- [On Required Deposits for Special Resident Retiree’s Visa](https://www.alburolaw.com/on-required-deposits-for-special-resident-retirees-visa/): There are options in availing Special Resident Retiree’s Visa. The visa deposit may be used for investment purpose.
- [Authority to Freeze Under Anti-Money Laundering Act](https://www.alburolaw.com/authority-to-freeze-under-anti-money-laundering-act/): The freeze order shall be effective immediately and it shall not exceed six (6) months depending upon the circumstances of the case.
- [May Foreign Nationals Who Have Not Served in the Philippines Be Eligible to Apply for Special Resident Retiree’s Visa?](https://www.alburolaw.com/may-foreign-nationals-who-have-not-served-in-the-philippines-be-eligible-to-apply-for-special-resident-retirees-visa/): May Foreign Nationals Who Have Not Served in the Philippines Be Eligible to Apply for Special Resident Retiree’s Visa?
- [Duties and Responsibilities of Schools, Teachers, and Students Under Anti-Bullying Act](https://www.alburolaw.com/duties-and-responsibilities-of-schools-teachers-and-students-under-anti-bullying-act/): Teachers and school personnel shall participate and cooperate in all prevention related to bullying. Students shall avoid or refrain from any act of bullying
- [Adoption of Anti-Bullying Policies](https://www.alburolaw.com/adoption-of-anti-bullying-policies/): Under the Anti-Bullying Act, all elementary and secondary schools are directed to adopt policies to address the existence of bullying in their respective institutions.
- [Bullying Under Anti-Bullying Act of 2013](https://www.alburolaw.com/bullying-under-anti-bullying-act-of-2013/): What are considered acts of bullying? Any other form of bullying as may be provided in the school’s child protection or anti-bullying policy.
- [On Minors Representing Their Generation and Generations Yet Unborn in Filing an Environmental Case](https://www.alburolaw.com/on-minors-representing-their-generation-and-generations-yet-unborn-in-filing-an-environmental-case/): Filipinos have a right to a balanced and healthful ecology. Minors can represent their generation or generations yet unborn in filing a case
- [Prevention of Money Laundering](https://www.alburolaw.com/prevention-of-money-laundering/): Money laundering is a crime whereby the proceeds of an unlawful activity are transacted, thereby making them appear to have originated ...
- [What Are Money Laundering Offenses?](https://www.alburolaw.com/what-are-money-laundering-offenses-2/): REPUBLIC ACT NO. 10365 or An Act Further Strengthening The Anti-Money Laundering Law, Amending For The Purpose Republic Act No. 9160
- [Planting Trees Under Arbor Day Act of the Philippines](https://www.alburolaw.com/planting-trees-under-arbor-day-act-of-the-philippines/): The barangay officials and deputized nongovernmental organizations are responsible for the maintenance of such trees.
- [Gender-based Online Sexual Harassment](https://www.alburolaw.com/gender-based-online-sexual-harassment/): An alien who commits gender-based online sexual harassment shall be subject to deportation proceedings after serving sentence and fines.
- [Are Common Carriers Liable for the Acts of Their Employees?](https://www.alburolaw.com/are-common-carriers-liable-for-the-acts-of-their-employees/): Common carriers are liable for the death of or injuries to passengers through the negligence or willful acts of the former's employees.
- [Fishing Privileges in Municipal Waters](https://www.alburolaw.com/fishing-privileges-in-municipal-waters/): Fishing is among the important source of livelihood in the country. The duly registered fisherfolk organizations are preferred in the grant...
- [Non-forfeiture of Payments in the Sale of Subdivision Lots and Condominium Units](https://www.alburolaw.com/non-forfeiture-of-payments-in-the-sale-of-subdivision-lots-and-condominium-units/): The owner of developer is mandated to develop the subdivision or condominium project according to the approved plan within the time limit
- [On Alteration of Subdivision Plan](https://www.alburolaw.com/on-alteration-of-subdivision-plan/): An owner or developer may alter the roads or open spaces as contained in the subdivision plan
- [Recovery of the Purchase Price in the Sale of Condominium Units](https://www.alburolaw.com/recovery-of-the-purchase-price-in-the-sale-of-condominium-units/): A buyer may recover the total amount of the purchase price in the sale of condominium units.
- [May Buyers of a Real Estate Suspend Amortization Payments?](https://www.alburolaw.com/may-buyers-of-a-real-estate-suspend-amortization-payments/): Buyers may suspend amortization payments until the completion of the project. In case of incomplete development, the developer is at fault
- [Payment of Wages and Monetary Benefits Through Transaction Accounts](https://www.alburolaw.com/payment-of-wages-and-monetary-benefits-through-transaction-accounts/): Employers may assist employees who have no existing transaction accounts in which can be used for payment of wages and other benefits.
- [When Retrenchment is Considered an Illegal Dismissal](https://www.alburolaw.com/when-retrenchment-is-considered-an-illegal-dismissal/): Retrenchment is the separation from employment without the fault of the employee. When is a retrenchment considered an illegal dismissal?
- [Abuse of Dominant Position Under the Philippine Competition Act](https://www.alburolaw.com/abuse-of-dominant-position-under-the-philippine-competition-act/): Making a transaction subject to acceptance by other parties of other obligations, by nature or according to commercial usage, have no connection is prohibited.
- [Condonation of Subscriptions Receivables or Cancellation of Subscriptions](https://www.alburolaw.com/condonation-of-subscriptions-receivables-or-cancellation-of-subscriptions/): Subscription receivables due from shareholders of a corporation cannot be condoned. Subscription contracts cannot be cancelled without just cause
- [Mergers and Acquisitions Under the Philippine Competition Act](https://www.alburolaw.com/mergers-and-acquisitions-under-the-philippine-competition-act/): The acquisition of the stock or other share capital of one or more corporations solely for investment shall not be prohibited.
- [Anti-competitive Agreements Under the Philippine Competition Act](https://www.alburolaw.com/anti-competitive-agreements-under-the-philippine-competition-act/): Agreements among competitors to restrict competition as to price, or components thereof, or other terms of trade is prohibited.
- [Revocation of License to Sell](https://www.alburolaw.com/revocation-of-license-to-sell/): Pending of the hearing for the revocation of the license to sell, the NHA may suspend the license to sell
- [On License to Sell Subdivision Lot or Condominium Unit](https://www.alburolaw.com/on-license-to-sell-subdivision-lot-or-condominium-unit/): License to Sell is required to ensure that the buying public will be dealing with accredited or recognized subdivision or condominium developers.
- [What is Realty Installment Buyer Act?](https://www.alburolaw.com/what-is-realty-installment-buyer-act/): Buyers of real estate on installment payments are protected against oppressive conditions
- [Doctrine of Strict Compliance](https://www.alburolaw.com/doctrine-of-strict-compliance/): In commercial transactions involving letters of credit, the documents tendered must strictly conform to the terms of the letter of credit.
- [Parties to a Letter of Credit](https://www.alburolaw.com/parties-to-a-letter-of-credit/): A letter of credit generally arises out of a separate contract requiring the assurance of payment of a third party.
- [Letters of Credit](https://www.alburolaw.com/letters-of-credit/): Through a letter of credit, a buyer obtains the credit of a third party, usually a bank, to provide assurance of payment.
- [Penalty for Failure of an Entrustee to Turn Over the Proceeds of the Sale of the Goods Under the Trust Receipts Law](https://www.alburolaw.com/penalty-for-failure-of-an-entrustee-to-turn-over-the-proceeds-of-the-sale-of-the-goods-under-the-trust-receipts-law/): What happens if the entrustee fails to turn over to the entruster the proceeds of the sale of the goods under the Trust Receipts agreement?
- [Duties of Corporate Secretary During Video Conferencing](https://www.alburolaw.com/duties-of-corporate-secretary-during-video-conferencing/): The Corporate Secretary shall ensure that the attendees are able to hear and see the other participants clearly.
- [Rights of Purchaser Under the Trust Receipts Law](https://www.alburolaw.com/rights-of-purchaser-under-the-trust-receipts-law/): Presidential Decree No. 115 states that a purchaser in good faith who buys goods from an entrustee acquires them free from the entruster's security interest.
- [Liability of Entrustee for Loss Under the Trust Receipts Law](https://www.alburolaw.com/liability-of-entrustee-for-loss-under-the-trust-receipts-law/): A trust receipt transaction is one where entrustee has the obligation to deliver to entruster the price of the sale, or if merchandise is not sold, to return.
- [Rights of the Entruster Under the Trust Receipts Law](https://www.alburolaw.com/rights-of-the-entruster-under-the-trust-receipts-law/): Entruster shall be entitled to the proceeds from the sale of the goods, documents or instruments released under a trust receipt.
- [Stockholders or Members Meeting Thru Teleconferencing](https://www.alburolaw.com/stockholders-or-members-meeting-thru-teleconferencing/): A stockholder or member who participates through remote communication or in absentia shall be deemed present for purposes of quorum.
- [Form of Trust Receipts](https://www.alburolaw.com/form-of-trust-receipts/): A trust receipt need not be in any particular form. The trust receipt may contain other terms and conditions agreed upon by the parties.
- [On Labeling and Fair Packaging of Consumer Products](https://www.alburolaw.com/on-labeling-and-fair-packaging-of-consumer-products/): Labeling and fair packaging of products is compulsory. In selling products or services, labels play an important role. What is special packaging?
- [What Constitutes a Trust Receipt Transaction?](https://www.alburolaw.com/what-constitutes-a-trust-receipt-transaction/): The utilization of trust receipts is a convenient business device in order to assist importers and merchants solve their financing problems.
- [On Consumer Products and Services Warranties](https://www.alburolaw.com/on-consumer-products-and-services-warranties/): Consumer products and services means goods, services and credits, debts and obligations, are primarily for personal, family, household or agricultural purposes.
- [On Micro, Small, and Medium Enterprises](https://www.alburolaw.com/on-micro-small-and-medium-enterprises/): Micro, Small and Medium Enterprises are internationally recognized for their contribution to local and global economies. What are MSMEs?
- [Is Refusal to Undergo Drug Testing a Valid Ground for Termination?](https://www.alburolaw.com/is-refusal-to-undergo-drug-testing-a-valid-ground-for-termination/): The use of dangerous drugs has adverse effects on driving abilities. Refusal to undergo the company’s general drug test may lead to termination
- [Who May Ask for the Declaration of Absence?](https://www.alburolaw.com/who-may-ask-for-the-declaration-of-absence/): The heirs instituted in a will or relatives who may succeed by the law of intestacy (without a will), may ask for the declaration of absence.
- [Cash Conversion of Unutilized Tax Credit Certificate](https://www.alburolaw.com/cash-conversion-of-unutilized-tax-credit-certificate/): Cash Conversion? A TCC may be applied for by the taxpayer instead of filing a claim for refund with the Bureau of Internal Revenue (BIR).
- [Rights and Obligations Between Husband and Wife](https://www.alburolaw.com/rights-and-obligations-between-husband-and-wife/): The husband and wife are obliged to live together. The husband and wife obligations include to observe mutual love, respect and fidelity.
- [Ease of Doing Business Under Republic Act No. 11032](https://www.alburolaw.com/ease-of-doing-business-under-republic-act-no-11032/): The most important measure that ease of doing business law introduces is the automation of the business registration process
- [Marriages Exempt From the License Requirement](https://www.alburolaw.com/marriages-exempt-from-the-license-requirement/): Marriages license shall not be required for parties cohabiting for at least 5 years and without legal impediment to marry each other.
- [Inspection of Food Business Operators](https://www.alburolaw.com/inspection-of-food-business-operators/): Regular inspection of food business operators shall be performed by the Food Safety Regulatory Agencies or the control bodies delegated to conduct the activity.
- [Responsibilities of Food Business Operators on Food Safety](https://www.alburolaw.com/reponsibilities-of-food-business-operators-on-food-safety/): Food safety refers to the assurance that food will not cause harm to consumer. In the Philippines, is there a particular law that governs food safety?
- [On Taxability of Cooperatives](https://www.alburolaw.com/on-taxability-of-cooperatives/): Cooperatives which do not transact any business with non-members are not taxable. Cooperatives may claim tax refund
- [May You Compel an Employee to Accept Promotion?](https://www.alburolaw.com/may-you-compel-an-employee-to-accept-promotion/): Promotion is the advancement from one position to another. May you punish an employee for not receiving a gift such as promotion?
- [Rule in Case of Urgent Repairs in Leased Properties](https://www.alburolaw.com/rule-in-case-of-urgent-repairs-in-leased-properties/): The lessor has the obligation to make necessary repairs and the lessee is obliged to notify the lessor of the urgency of such repair.
- [On Mandatory Reporting of Notifiable Diseases](https://www.alburolaw.com/on-mandatory-reporting-of-notifiable-diseases/): Any information obtained is protected under the Data Privacy Act. Is there a minimum data required for mandatory reporting?
- [Registration of Securities](https://www.alburolaw.com/registration-of-securites/): All documents or information with respect to registered securities are open to public inspection. Securities may be exempted from registration
- [On Notifiable Diseases](https://www.alburolaw.com/on-notifiable-diseases/): RA 11332 now makes it mandatory or obligatory to report the notifiable diseases to public health authorities.
- [Declaration of Absence](https://www.alburolaw.com/declaration-of-absence/): The absence of a person may be declared if two years have elapsed without any news from the absentee. When can one be declared an absentee?
- [In Case of Legal Separation, Shall the Wife Continue to Use the Surname of Her Husband?](https://www.alburolaw.com/in-case-of-legal-separation-shall-the-wife-continue-to-use-the-surname-of-her-husband/): When legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation.
- [Married Woman on the Use of Surname of Her Husband](https://www.alburolaw.com/married-woman-on-the-use-of-surname-of-her-husband/): A married woman may use her maiden first name and surname and add her husband’s surname. And her maiden first name and her husband’s surname.
- [On Special Resident Retiree’s Visa](https://www.alburolaw.com/on-special-resident-retirees-visa/): Special Resident Retiree’s Visa is a special non-immigrant visa separate and distinct from visa categories defined by the Philippine Immigration Act of 1940.
- [Incentives Available to Tourism Enterprises Outside Tourism Economic Zones](https://www.alburolaw.com/incentives-available-to-tourism-enterprises-outside-tourism-economic-zones/): Incentives subject to rules and regulations jointly promulgated by Department of Tourism and the Tourism Infrastructure and Enterprise Zone Authority (TIEZA),
- [Suspension of Work in the Private Sectors by Reason of Natural or Man-Made Calamity](https://www.alburolaw.com/suspension-of-work-in-the-private-sectors-by-reason-of-natural-or-man-made-calamity/): Employee’s wage during suspension due to calamity will depend on whether he/she worked on the said day, or whether or not he/she is uniformly paid by the month.
- [On Requiring Employees to Post Cash Bonds or Deposits](https://www.alburolaw.com/on-requiring-employees-to-post-cash-bonds-or-deposits/): Generally, an employer requiring deposits for loss from his employees is not allowed. Unilateral imposition of cash deposit is not allowed.
- [What Are Securities?](https://www.alburolaw.com/what-are-securities/): Securities are evidenced by a certificate, contract, instruments, whether written or electronic in character. May securities be sold?
- [Incentives for Tourism Enterprise Zone Operators and Registered Tourism Enterprises](https://www.alburolaw.com/incentives-for-tourism-enterprise-zone-operators-and-registered-tourism-enterprises/): Tourism enterprises within a TEZ to register with Tourism Infrastructure & Enterprise Zone Authority to avail incentives provided under “Tourism Act of 2009”.
- [Establishments Granting Discounts to National Athletes and Coaches May Deduct the Discount From the Gross Income](https://www.alburolaw.com/establishments-granting-discounts-to-national-athletes-and-coaches-may-deduct-the-discount-from-the-gross-income/): Establishments sales discounts to National Athletes, Coaches on sale of goods/ services shall be entitled to deduct the said sales discount from gross income.
- [Prohibited Modes of Retailing](https://www.alburolaw.com/prohibited-modes-of-retailing/): Republic Act No. 8762 or Retail Trade Liberalization Act of 2000 foreign investors to engage in retailing in the Philippines.
- [What is Tourism Enterprise Zone?](https://www.alburolaw.com/what-is-tourism-enterprise-zone/): Tourism Enterprise Zones have historical and cultural significance. Registration as tourism enterprise where appropriate, is encouraged
- [Duties and Rights of Workers in Strengthening the Compliance With Occupational Safety and Health Standards](https://www.alburolaw.com/duties-and-rights-of-workers-in-strengthening-the-compliance-with-occupational-safety-and-health-standards/): RA 11058 or “An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations" thereof was passed.
- [Direct and Indirect Contributors Under the Universal Health Care Act](https://www.alburolaw.com/direct-and-indirect-contributors-under-the-universal-health-care-act/): This is to give effect to the mandate of the Universal Health Care Act that every Filipino citizen shall be automatically included in the Program.
- [Prequalification of Foreign Retailers Under Republic Act No. 8762](https://www.alburolaw.com/prequalification-of-foreign-retailers-under-republic-act-no-8762/): This law however was repealed by RA 8762 or Retail Trade Liberalization Act of 2000.
- [On Retention and Reacquisition of Philippine Citizenship](https://www.alburolaw.com/on-retention-and-reacquisition-of-philippine-citizenship/): Is it possible that a Filipino who is a citizen of another country is deemed not to have lost his or her Philippine citizenship?
- [Rights of Former Natural Born Filipinos to Engage in Retail Trade](https://www.alburolaw.com/rights-of-former-natural-born-filipinos-to-engage-in-retail-trade/): A natural born Filipino citizen who has lost his Philippine citizenship may engage in retail trade provided that he resides in the Philippines.
- [Tax Incentives Granted to National Athletes and Coaches](https://www.alburolaw.com/tax-incentives-granted-to-national-athletes-and-coaches/): Qualified National Athletes and Coaches shall be entitled to twenty percent (20%) sales discount, on sales amount exclusive of Value Added Tax (VAT).
- [On Legislative Naturalization](https://www.alburolaw.com/on-legislative-naturalization/): Legislative naturalization is commenced by filing a bill by any member of the Congress. The Certificate of Naturalization is issued by the Bureau of Immigration
- [Obligations of the Lessee](https://www.alburolaw.com/obligations-of-the-lessee/): The lessee's obligations is to use the thing leased as a diligent father of a family and to pay the expenses for the deed of lease.
- [On Judicial Naturalization](https://www.alburolaw.com/on-judicial-naturalization/): A foreigner applicant for judicial naturalization must be able to speak and write any of the principal languages of the Philippines.
- [On Transfer of Employees](https://www.alburolaw.com/on-transfer-of-employees/): The concept of management prerogative always comes in when talking about transfer of employees. Not every transfer of employee is valid.
- [On Administrative Naturalization](https://www.alburolaw.com/on-administrative-naturalization/): Administrative naturalization signifies the act of formally adopting a foreigner into the political body of a nation with the privileges of a citizen.
- [Can Foreigners Become Citizens of the Philippines?](https://www.alburolaw.com/can-foreigners-become-citizens-of-the-philippines/): CAN FOREIGNERS BECOME CITIZENS OF THE PHILIPPINES? Who are considered the citizens of the Philippines? Foreigners can become one.
- [Suspension of the Payment of Rent](https://www.alburolaw.com/suspension-of-the-payment-of-rent/): In case the lessor failed to make necessary repairs for the leased property, can the lessee be allowed suspension of the payment rent?
- [May a Shareholder Put an Item on the Agenda for Stockholders’ Meetings?](https://www.alburolaw.com/may-a-shareholder-put-an-item-on-the-agenda-for-stockholders-meetings/): Any officer of the corporation may not unjustly refuse to allow a shareholder to exercise his or her right to put items on the agenda.
- [Is Mere Registration of a Child in his or her Birth Certificate as a Child of the Supposed Parents Constitutes a Valid Adoption?](https://www.alburolaw.com/is-mere-registration-of-a-child-in-his-or-her-birth-certificate-as-a-child-of-the-supposed-parents-constitutes-a-valid-adoption/): Mere registration of a child in his or her birth certificate as a child of the supposed parents is not tantamount to adoption.
- [Distinguishing Contract of Sale from Contract to Sell](https://www.alburolaw.com/distinguishing-contract-of-sale-from-contract-to-sell/): Consent or meeting of the minds, consent to transfer ownership in exchange for the price; Determinate subject matter; and Price certain or its equivalent.
- [Rescission on Account of Breach of Reciprocal Obligations](https://www.alburolaw.com/rescission-on-account-of-breach-of-reciprocal-obligations/): Article 1191 of the Civil Code provides 2 remedies for breach of obligations. Rescission provided under said provision is applicable to reciprocal obligations.
- [Ephemeral Electronic Communications](https://www.alburolaw.com/ephemeral-electronic-communications/): Ephemeral electronic communication refers to electronic forms of communication the evidence of which is not recorded or retained.
- [The Department of Justice](https://www.alburolaw.com/the-department-of-justice/): The DOJ, through the Office of the Solicitor General and the Office of the Government Corporate Counsel, acts as the principal legal counsel of the government.
- [Permissible Deductions from Wages under the Labor Code and Other Laws](https://www.alburolaw.com/permissible-deductions-from-wages/): Wage, being remuneration or earning, is the fruit of an employee’s hard work or labor, as such, it must not be subjected to deductions.
- [Who May Impugn the Legitimacy of the Child?](https://www.alburolaw.com/who-may-impugn-the-legitimacy-of-the-child/): Legitimacy and filiation are two different concepts. Therefore, while the law grants the husband the sole right to impugn his child’s legitimacy, the same child may bring an action to establish that she is not filiated to her mother’s husband. (James Cua Ko v. Republic of the Philippines, G.R. No. 210984, April 12, 2023)
- [Watch Out for Trademark Copycats](https://www.alburolaw.com/infringement-trademark-copycats/): In the case of Kolin Electronics Co., Inc. v. Kolin Philippines International, Inc., G.R. No. 226444, July 06, 2021, Supreme Court abandoned the Holistic test.
- [When Bail is a Matter of Right and When It is a Matter of Discretion](https://www.alburolaw.com/when-bail-is-a-matter-of-right-and-when-it-is-a-matter-of-discretion/): Indeed, before conviction, every person is entitled to bail as a matter of right unless charged with a capital offense and the evidence of guilt is strong.
- [Online or Virtual Notarization](https://www.alburolaw.com/online-or-virtual-notarization/): Due to Covid-19 Pandemic, some communities were put under quarantine. As a response, the Supreme Court allowed online or virtual notarization
- [Who is a Possessor in Bad Faith?](https://www.alburolaw.com/who-is-a-possessor-in-bad-faith/): A possessor in bad faith is someone who is aware that there exists in his title or mode of acquisition any flaw which invalidates it
- [Payment of Insured Deposit?](https://www.alburolaw.com/payment-of-insured-deposits/): Upon closure or expiration or revocation of a bank’s corporate term, payment of insured deposits shall be made as soon as possible by the (PDIC)
- [Who is Entitled to the Insured Deposit?](https://www.alburolaw.com/who-is-entitled-to-the-insured-deposit/): The registered owner/holder of a deposit is entitled to deposit insurance. A transferee may be entitled to deposit insurance
- [When is Preponderance of Evidence Applicable?](https://www.alburolaw.com/when-is-preponderance-of-evidence-applicable/): Preponderance of evidence means the greater weight of credible evidence tips in your favor. Learn how this standard works in Philippine civil cases
- [The Supreme Court Decides: In Conclusion, the Petitioner's Failure to Substantiate His Claim With Concrete Evidence Precludes Him From Receiving Total and Permanent Disability Benefits. The Court Emphasizes That Justice Must Be Based on Established Facts, Applicable Law, and Existing Legal Precedents, Ensuring Fairness to Both Parties Involved.](https://www.alburolaw.com/the-supreme-court-decides-in-conclusion-the-petitioners-failure-to-substantiate-his-claim-with-concrete-evidence-precludes-him-from-receiving-total-and-permanent-disability-benefits-the-court-emp/): The SC rules that failure to present concrete evidence bars total and permanent disability benefits. Justice must rest on facts, law, and precedent.
- [When Can an Electronic Document Be Used as Evidence?](https://www.alburolaw.com/when-can-an-electronic-document-be-used-as-evidence/): In the Philippines, parties are allowed to offer electronic documents as evidence in civil, criminal, administrative, and quasi-judicial cases.
- [Guidelines on Presenting Firearms as Evidence in Court](https://www.alburolaw.com/guidelines-on-presenting-firearms-as-evidence-in-court/): Jurisprudence dictates that the corpus delicti in illegal possession of firearms is the lack of license to own or possess a firearm.
- [Tender of Excluded Evidence](https://www.alburolaw.com/tender-of-excluded-evidence/): Rule 132, Section 40 of the Revised Rules on Evidence provides that if the documents or things offered in evidence are excluded by the court.
- [Strength of Certificate of Title](https://www.alburolaw.com/strength-of-certificate-of-title/): Under Philippine law, a certificate of title is incontrovertible proof of ownership in favor of the registered owner. Read the full explanation here.
- [Basics of Land Titles, Transactions, and Real Property Registration](https://www.alburolaw.com/land-titles-real-property-registration/): Published — December 2, 2017 The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any. Also, the matters contained in the
- [What Are the Different Modes of Acquiring Title to Property?](https://www.alburolaw.com/what-are-the-different-modes-of-acquiring-title-to-property/): Ownership of property may be acquired by donation, succession, tradition or prescription. (Article 712, Civil Code of the Philippines)
- [What is the Difference Between “Title” and “Certificate of Title”?](https://www.alburolaw.com/what-is-the-difference-between-title-and-certificate-of-title/): A title is the legal basis of ownership; a certificate of title is only its evidence. Learn the key distinction under Philippine property law.
- [Can Spanish Titles Be Used as Evidence of Land Ownership?](https://www.alburolaw.com/can-spanish-titles-be-used-as-evidence-of-land-ownership/): The system of registration under the Spanish Mortgage Law is discontinued, and all lands recorded under said system which are not yet covered by Torrens title shall be considered as unregistered lands. (Presidential Decree No. 892, series of 1976)
- [Outright Confiscation of Patently Fake Certificate of Title LRA Circular No. 14-2023](https://www.alburolaw.com/outright-confiscation-of-patently-fake-certificate-of-title-lra-circular-no-14-2023/): To support the mandate of the LRA to preserve the integrity of the land registration process, protect the sanctity of the Torrens System
- [What Kind of Properties Cannot Be Registered Under the Torrens System?](https://www.alburolaw.com/what-kind-of-properties-cannot-be-registered-under-the-torrens-system/): Not all properties can be registered under one’s name. Certain properties are excluded and classified by law as non-registrable properties.
- [The Supreme Court Decides: Where the Accused Security Professional is Licensed to Exercise Their Profession and is Equipped With a Permit Sanctioned by Law, Possession of the Issued Firearm Under a Belief in Good Faith That It is Licensed is a Valid Defense in a Case for Illegal Possession of Firearm.](https://www.alburolaw.com/the-supreme-court-decides-where-the-accused-security-professional-is-licensed-to-exercise-their-profession-and-is-equipped-with-a-permit-sanctioned-by-law-possession-of-the-issued-firearm-under-a-be/): SC rules that a licensed security professional who possesses a firearm in good faith belief it is licensed has a valid defense for illegal possession.
- [Rules on the use of Body-Worn Cameras in the Execution of Warrants A.M. No. 21-06-08](https://www.alburolaw.com/rules-on-the-use-of-body-worn-cameras-in-the-execution-of-warrants-a-m-no-21-06-08/): Following the increasing reports of civilian deaths resulting from the execution of warrants issued by trial courts, the causes and conditions surrounding such details being widely disputed, the advances in technology, particularly the availability of body-worn cameras, make it possible to integrate its use to support law enforcement and to guarantee the protection of fundamental rights.
- [Defective or Imperfect Products and Services: Who is Liable?  ](https://www.alburolaw.com/liability-for-product-and-service/): The supplier’s ignorance of service quality imperfection or product quantity imperfection does not exempt him from any liability.
- [Who Should Pay for Personal Protective Equipment?](https://www.alburolaw.com/who-should-pay-for-personal-protective-equipment/): It is the duty of the employer to provide his workers the needed Personal Protective Equipment. What is a Personal Protective Equipment?
- [Insurable Interest: A Requirement for a Valid Insurance Contract](https://www.alburolaw.com/insurable-interest-a-requirement-for-a-valid-insurance-contract/): Photo from Unsplash | Scott Graham This article is provided for general informational purposes only and does not create, nor shall it be construed as creating, a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. For advice on specific legal concerns, you are encouraged to
- [Who is an Insider?](https://www.alburolaw.com/who-is-an-insider/): Insider includes a director or officer of, or a person controlling the issuer. Persons outside the company may be considered insider.
- [Department of Transportation Issuance](https://www.alburolaw.com/department-of-transportation-issuance/): Guidelines for the Management of Emerging Infectious Disease, Access protocols for road, rail, air, and maritime safety in the Philippines.
- [Sugar Regulatory Board Issuances](https://www.alburolaw.com/sugar-regulatory-board-issuances/)
- [Technical Education and Skills Development Authority Issuances](https://www.alburolaw.com/technical-education-and-skills-development-authority-issuances/): Technical Education and Skills Development Authority Issuances. Adoption of Measures for the Management of Corona Virus Disease 2019 (COVID-19) Situation.
- [Land Transportation Franchising and Regulatory Board Issuances](https://www.alburolaw.com/land-transportation-franchising-and-regulatory-board-issuances/): Guidelines to Govern All Public Utility Drivers and Conductors and Terminal Operators in Ensuring a Safe Public Land Transportation in view of the 2019 COVID
- [National Police Commission Issuances](https://www.alburolaw.com/national-police-commission-issuances/): National Police Commission Issuances on the Strict Implementation on the Unimpeded/Unhampered Flow of Cargoes. Access NAPOLCOM on unimpeded flow of all cargoes
- [National Task Force Against COVID-19 Issuances](https://www.alburolaw.com/national-task-force-against-covid-19-issuances/): National Task Force Order on the Operational Guidelines on the Management of Locally Stranded Individuals, Guidelines in Modified Enhanced Community Quarantine.
- [Office of the President Issuances](https://www.alburolaw.com/office-of-the-president-issuances/): Report to the Joint Congressional Oversight Committee, Declaring a State of Calamity throughout the Philippines Due to Coronavirus Disease 2019.
- [National Telecommunications Commission Issuances](https://www.alburolaw.com/national-telecommunications-commission-issuances/): Extending the Validity of National Telecommunications Commission Issued Permits, Certificates and Licenses During the COVID-19 Enhanced Community Quarantine.
- [Philippine Economic Zone Authority Issuances](https://www.alburolaw.com/philippine-economic-zone-authority-issuances/): Validity of Residual Waste Hauler Certificate of Registration During the Implementation of State of Public Health Emergency and Community Quarantine.
- [Philippine Guarantee Corporation Issuances](https://www.alburolaw.com/philippine-guarantee-corporation-issuances/): Philippine Guarantee Corporation Issuances. Credit Guarantee Programs to MSMEs, For Clients/Accounts with Restructured Loans and Lessees of Acquired Properties.
- [Philippine Ports Authority Issuances](https://www.alburolaw.com/philippine-ports-authority-issuances/): Philippine Ports Authority Issuances. Guidelines in the Processing of PPA Permits During the Enhanced Community Quarantine (ECQ) Due to COVID-19 Pandemic.
- [Social Security System Issuances](https://www.alburolaw.com/social-security-system-issuances/): Social Security System Issuances. Learn how to apply via My.SSS, check employee eligibility, and manage wage subsidy payouts for small businesses.
- [Department of Social Welfare and Development Issuances](https://www.alburolaw.com/department-of-social-welfare-and-development-issuances/): Department of Social Welfare and Development Issuances. Department of Social Welfare and Development (DSWD) COVID-19 Response and Recovery Plan (2020-2022)
- [Department of the Interior and Local Government Issuances](https://www.alburolaw.com/department-of-the-interior-and-local-government-issuances/): Department of the Interior and Local Government Issuances. Implementing Guidelines for the Rice Resiliency Project of the Department of Agriculture
- [Department of Tourism Issuances](https://www.alburolaw.com/department-of-tourism-issuances/): Statement of the Department of Tourism (DOT) on COVID-19 Local Transmission. Amended Implementing Rules Governing the Operation of Hotels and Accommodation.
- [Food and Drugs Administration of the Philippines Issuances](https://www.alburolaw.com/food-and-drugs-administration-of-the-philippines/): Public Health Issuances Against the Unapproved and Misleading Health Claims of Medical Devices that Decrease Risk of Coronavirus Disease (COVID-19) Infection
- [Government Procurement Policy Board Technical Support Office Issuances](https://www.alburolaw.com/government-procurement-policy-board-technical-support-office-issuances/): Govt Procurement Policy Board Tech Support Office Issuances. Submission of CY 2019 Agency Procurement Compliance & Performance Indicator System (APCPI) Results
- [Issuances from the Department of Trade and Industry](https://www.alburolaw.com/issuances-from-the-department-of-trade-and-industry/): Issuances from the Department of Trade and Industry. Memorandum Circular No. 20-21, s.2020: Operations of Malls and Shopping Centers in Areas Declared Under GCQ
- [Inter-Agency Task Force for the Management of Emerging Infectious Diseases Issuances](https://www.alburolaw.com/inter-agency-task-force-for-the-management-of-emerging-infectious-diseases-issuances/): Access official IATF-EID resolutions, community quarantine classifications, and omnibus guidelines for the management of emerging infectious diseases in the PH.
- [Issuances of Other Government Agencies](https://www.alburolaw.com/issuances-of-other-government-agencies/): Access official COVID-19 issuances & guidelines from the Office of the President, DOH, DTI, and other Philippine agencies. Stay updated with national protocols
- [Department of Public Works and Highways Issuances](https://www.alburolaw.com/department-of-public-works-and-highways-issuances/): Department of Public Works and Highways Issuances. Construction Safety Guidelines for Implementation of Infrastructure Projects During COVID-19 Health Crisis
- [Department of Information and Communications Technology Issuances](https://www.alburolaw.com/department-of-information-and-communications-technology-issuances/): Dept of Information & Communications Technology Departmental Guidelines on the Management of the Coronavirus Disease (COVID-19) Situation.
- [Commission on Audit and Department of Budget and Management Issuances](https://www.alburolaw.com/commission-on-audit-and-department-of-budget-and-management-issuances/): Commission on Audit and Department of Budget and Management Issuances. Guidelines on Contract of Service and Job Order Workers in Government Due to COVID-19
- [Commission on Higher Education Issuances](https://www.alburolaw.com/commission-on-higher-education-issuances/): Commission on Higher Education Issuances. CHED and UNIFAST release TES stipends to 120,000 grantees in private universities.
- [Department of Health Issuances](https://www.alburolaw.com/department-of-health-issuances/): Department of Health Issuances. Guidelines on the Service Delivery Design of Health Care Provider Networks and Interim Guidelines on the Return-to-Work.
- [Department of Finance Issuances](https://www.alburolaw.com/department-of-finance-issuances/): Department of Finance Issuances on Small Business Wage Subsidy Program. Explore the Department of Finance (DOF) Small Business Wage Subsidy (SBWS) Program.
- [Department of Education Issuances](https://www.alburolaw.com/department-of-education-issuances/): Department of Education Issuances. Results-based Performance Management System Guidelines for SY 2019-2020 Yearend Activities in Light of COVID-19 Measures.
- [Department of Budget and Management Issuances](https://www.alburolaw.com/department-of-budget-and-management-issuances/): Department of Budget and Management Issuances. Adoption of Economy Measures in the Government due to the Emergency Health Situation.
- [Dangerous Drugs Board Issuances](https://www.alburolaw.com/dangerous-drugs-board-issuances/): Use of Electronic Prescription for Dangerous Drugs During the Duration of the State of Calamity Pursuant to Proclamation No. 929 of the Office of the President.
- [Department of Agriculture Issuances](https://www.alburolaw.com/department-of-agriculture-issuances/): Department of Agriculture Issuances. Reporting of Unauthorized Use of the DA Trademark, Logo, Name, and Other Paraphernalia and Corporate Branding Materials.
- [Civil Service Commission Issuances](https://www.alburolaw.com/civil-service-commission-issuances/): Civil Service Commission Issuances for Alternative Work Arrangements and Support Mechanisms for Workers in the Government During the COVID-19 Pandemic.
- [Bureau of Quarantine Issuances](https://www.alburolaw.com/bureau-of-quarantine-issuances/): Bureau of Quarantine Issuances for Repatriation via Cruise Ships & Maritime Vessels, Ship as Quarantine Facility & Seaports for Prevention & Spread of COVID-19
- [Bureau of Internal Revenue Issuances](https://www.alburolaw.com/bureau-of-internal-revenue-issuances/): Bureau of Internal Revenue guidelines on temporary measures by taxpayers relative to receipting/invoicing requirements during the Enhanced Community Quarantine.
- [Bureau of Customs Issuances](https://www.alburolaw.com/bureau-of-customs-issuances/): Provisional Goods Declaration for Relief Consignment Under State of Calamity. Guidelines in Implementation of Zero-Contact Policy in the Bureau of Customs.
- [When is a Sales Act Considered Deceptive or Unconscionable?](https://www.alburolaw.com/when-is-a-sales-act-considered-deceptive-or-unconscionable/): Taking advantage of the consumer’s physical or mental conditions is considered unfair or unconscionable sales act.
- [Good Conduct Time Allowance](https://www.alburolaw.com/good-conduct-time-allowance/): Good conduct time allowance has been in existence since August 30, 1906 upon the passage of Act No. 1533. Said law provided for the diminution of sentences imposed upon convicted prisoners in consideration of good conduct and diligence. (Inmates of the New Bilibid Prison, Muntinlupa City v. Sec. Leila M. De Lima, DOJ, et. al., G.R. No. 212719, June 25, 2019)
- [TAXATION OF EMPLOYEES’ BENEFITS](https://www.alburolaw.com/taxation-of-employees-benefits/): Some benefits provided by employer to employees are not subject to tax. De minimis benefits are privileges of relatively small value
- [List: 'Must Have' Employment Contracts During Hiring Process](https://www.alburolaw.com/list-employment-contracts-hiring-process/): As a way of protecting the enterprise, it would be wise for employers to require all incoming employees to execute the following agreements as part of the hiring process.
- [What is Constructive Dismissal?](https://www.alburolaw.com/constructive-dismissal-philippines-labor-law/): An involuntary resignation is referred to as constructive dismissal.
- [WHAT IS EASEMENT?](https://www.alburolaw.com/what-is-easement/): The effect of acknowledging the existence of an easement is that it is an admission that the property belongs to another.
- [Banking with Trust: The Duty of Banks to Account for Every Peso](https://www.alburolaw.com/banking-with-trust-the-duty-of-banks-to-account-for-every-peso/): In financial transactions, trust is the foundation upon which the banking system stands. Clients entrust every transaction will have accuracy and transparency.
- [How to Ensure Legitimacy of Job Contracting Arrangements](https://www.alburolaw.com/legitimacy-job-contracting-arrangements/): How to Ensure Legitimacy of Job Contracting Arrangements? Learn the requirements for legitimate job contracting with this guide from Alburo Law Offices.
- [Authorized Causes in Termination of Employment](https://www.alburolaw.com/authorized-causes-termination-employment/): Authorized Causes in Termination of Employment get a clear guide on labor code requirements, notices, and separation pay from Alburo Alburo & Associates Law.
- [Taxpayer's Remedies Against Assessment and Collection by BIR](https://www.alburolaw.com/taxpayer-remedies/): Taxpayer / s Remedies Against Assessment and Collection by BIR - discover the remedies available with this guide from Alburo Alburo & Associates Law.
- [Imprisonment for Non-remittance of SSS, Pag-IBIG and PhilHealth Contributions](https://www.alburolaw.com/sss-pagibig-philhealth-imprisonment/): Non-remittance of SSS, Pag-IBIG and PhilHealth Contribution Discover the legal consequences and your rights to with this guide from Alburo Law Offices.
- [Unfair and Unconscionable Sales Acts and Practices](https://www.alburolaw.com/unfair-unconscionable-sales-acts-practices/): Unfair and Unconscionable Sales Acts and Practices guide by Alburo Law. Learn how to identify and address unfair or unconscionable sales acts and practices.
- [Applicability of 13th Month Pay to Commissions](https://www.alburolaw.com/applicability-13th-month-pay-commissions/): Applicability of 13th Month Pay to Commission calculated correctly. Avoid labor disputes by understanding the latest legal precedents via Alburo Law Offices.
- [How to Dismiss an Erring Employee the Right Way](https://www.alburolaw.com/dismissal-termination-employment/): Dismissing an erring employee in the Philippines? Learn the legal requirements from Alburo Law. Protect your business from labor disputes with this guide.
- [Trust Assets Property Preservation](https://www.alburolaw.com/trust-asset-property-preservation/): Trust Assets Property Preservation by Alburo Alburo & Associates Law Offices. Get expert insights on asset protection and legal compliance.
- [The Barangay Micro Business Enterprise (BMBE)](https://www.alburolaw.com/micro-business-bmbe/): What is a BMBE? Discover how your small business can qualify for incentives and legal protection under the BMBE Act, featuring insights from Alburo Law.
- [Giving Your Business Its Own Identity](https://www.alburolaw.com/business-identity-trademark/): Discover why business identity and trademark protection are vital for success. Expert legal advice by Atty. Alvin Liao Alburo for the Philippine Daily Inquirer.
- [Amnesty as a Mode of Extinction of Criminal Liability](https://www.alburolaw.com/amnesty-as-a-mode-of-extinction-of-criminal-liability/): Under the Constitution, the grant of amnesty is not solely an executive act. As highlighted in Trillanes IV v. Medialdea, it requires concurrence of Congress.
- [Effect of Destruction of Thing Leased by Fortuitous Event](https://www.alburolaw.com/effect-of-destruction-of-thing-leased-by-fortuitous-event/): If the destruction is partial, the lessee may choose between a proportional reduction of the rent and a rescission of the lease.
- [On Administrative Adoption](https://www.alburolaw.com/on-administrative-adoption/): On Administrative Adoption. Making it appear that a child is yours by simulating his or her birth record is punishable under the law.
- [Obligations of the Lessor](https://www.alburolaw.com/obligations-of-the-lessor/): The lessor's obligations to deliver the thing which is the object of the contract. The lessor is obliged to make of necessary repairs.
- [Rule Amending Section 10 of Rule VIII of the Implementing Rules and Regulations of the Labor Code on Wage Deduction](https://www.alburolaw.com/rule-amending-section-10-of-rule-viii-of-the-implementing-rules-and-regulations-of-the-labor-code-on-wage-deduction/): The rule, generally, no employer, in his own behalf or in behalf of any person, shall make any deduction from the wages of his employees.
- [Rescission of Adoption](https://www.alburolaw.com/rescission-of-adoption/): Suppose the petition for rescission of the adoption filed by the adoptee was granted, what are the effects of such rescission?
- [Direct Liability of Sublessor to Lessor](https://www.alburolaw.com/direct-liability-of-sublessor-to-lessor/): Ana leased a house to Ben who in turn validly subleased the house to Carla. If Carla destroys the leased house, can Ana sue the lessor for damages?
- [Dealing with Abandoned Lease and Disappearing Lessee](https://www.alburolaw.com/dealing-with-abandoned-lease-and-disappearing-lessee/): Dealing with Abandoned Lease and Disappearing Lessee? Learn how to legally secure your property and minimize losses under Philippine law with Alburo Law.
- [Warranty of the Lessor](https://www.alburolaw.com/warranty-of-the-lessor/): Warranty of the Lessor? Liability for the warranty is not equivalent to liability in damages, as the latter is an obligation distinct from the former.
- [Value-added Tax (VAT) Exemption on the Sales and Importation of Drugs and Medicines Prescribed for Diabetes, High Cholesterol, Hypertension, Cancer, Mental Illness, Tuberculosis and Kidney Diseases](https://www.alburolaw.com/value-added-tax-vat-exemption-on-the-sales-and-importation-of-drugs-and-medicines-prescribed-for-diabetes-high-cholesterol-hypertension-cancer-mental-illness-tuberculosis-and-kidney-diseases/): Medicines for cancer, mental illness, tuberculosis, and kidney diseases shall be exempt from VAT starting January 1, 2023.
- [Gross Inefficiency as a Just Cause for Termination of Employment](https://www.alburolaw.com/gross-inefficiency-as-a-just-cause-for-termination-of-employment/): Gross inefficiency involves specific acts of omission on the part of the employee resulting in damage to the employer or to his business.
- [Assignment of Lease by Lessee](https://www.alburolaw.com/assignment-of-lease-by-lessee/): Assignment of Lease by Lessee? There arises the new juridical relation between the lessor and the assignee who is converted into a new lessee.
- [Effects of Adoption](https://www.alburolaw.com/effects-of-adoption/): Adoption sever all legal ties between the biological parent(s) and the adoptee. Parental authority is one of the effects of legal adoption
- [Can Consumable Goods be Leased?](https://www.alburolaw.com/can-consumable-goods-be-leased/): Can Consumable Goods be Leased? Things which by their nature cannot be used without being consumed, cannot be the subject matter of lease.
- [Lease of Personal Property With Option to Buy](https://www.alburolaw.com/lease-of-personal-property-with-option-to-buy/): The remedies available for the lease seller are alternative and not cumulative and therefore, the exercise of one bars the exercise of the others.
- [Sublease by the Lessee: When Is It Allowed Under the Civil Code?](https://www.alburolaw.com/sublease-by-lessee/): Sublease by Lessee? When in the contract of lease of things there is no express prohibition, the lessee may sublet the thing leased.
- [On Domestic Adoption](https://www.alburolaw.com/on-domestic-adoption/): Under Republic Act 8552 otherwise known as the Domestic Adoption Act of 1998, any Filipino citizen may adopt. Not all children are qualified to be adopted
- [Grounds for Changing First Name or Nickname](https://www.alburolaw.com/grounds-for-changing-first-name-or-nickname/): Any person may file a petition to change his or her first name or nickname. What then are the grounds for changing first name or nickname?
- [Shareholders’ Approval on Sale of Corporate Assets](https://www.alburolaw.com/shareholders-approval-on-sale-of-corporate-assets/): A corporation may sell its assets. In selling corporate assets, a majority vote of its shareholders, board of directors or trustees is required.
- [First Name or Sex Cannot Be Changed on the Ground of Sex Reassignment](https://www.alburolaw.com/first-name-or-sex-cannot-be-changed-on-the-ground-of-sex-reassignment/): A change of name is a privilege, not a right. A person’s first name appearing in the birth certificate cannot be changed on the ground of sex reassignment.
- [Valuation of the Shares of Stocks Not Listed and Traded in the Local Stock Exchange](https://www.alburolaw.com/valuation-of-the-shares-of-stocks-not-listed-and-traded-in-the-local-stock-exchange/): For common shares, the Fair Market Value (FMV) shall be the book value based on the latest available audited financial statements (AFS) ...
- [Correction of Entry in the Certificate of Live Birth Without Filing a Case in Court](https://www.alburolaw.com/correction-of-entry-in-the-certificate-of-live-birth-without-filing-a-case-in-court/): Correction of clerical or typographical errors may now be done by filing a subscribed and sworn affidavit with the local civil registry office.
- [Failure to Comply With the Provisions of the Truth in Lending Act](https://www.alburolaw.com/failure-to-comply-with-the-provisions-of-the-truth-in-lending-act/): Failure to Comply? The creditor must furnish the borrower, prior to the consummation of transaction, a clear statement in writing setting forth the following.
- [Truth in Lending Act](https://www.alburolaw.com/truth-in-lending-act/): Truth in Lending Act. A creditor is required to supply to the borrower prior to each credit transaction a clear statement in writing of the true cost of credit.
- [What is Compulsory Third Party Liability Insurance?](https://www.alburolaw.com/what-is-compulsory-third-party-liability-insurance/): Insuring a motor vehicle is mandated by law. Compulsory Third Party Liability Insurance (CTPLI) is the most basic type of motor vehicle insurance
- [On Fire Insurance](https://www.alburolaw.com/on-fire-insurance/): On Fire Insurance. A property may be insured against loss by fire. The documents submitted as proof of loss must support the insurance claim.
- [Concept of Incontestability Clause Under Life Insurance](https://www.alburolaw.com/concept-of-incontestability-clause-under-life-insurance/): A life insurance policy is incontestable after two (2) years from the date of issuance. What's the concept of Incontestability Clause Under Life Insurance?
- [Are Admission Fees for Resorts Subject to Amusement Tax?](https://www.alburolaw.com/are-admission-fees-for-resorts-subject-to-amusement-tax/): Admission Fees for resorts, swimming pools, bath houses, hot springs, and tourist spots are not subject to taxes. An amusement tax is a form of percentage tax.
- [Designation of Data Protection Officers](https://www.alburolaw.com/designation-of-data-protection-officers/): The Designation of Data Protection Officers should be a full-time or organic employee of the Personal Information Controllers.
- [On Freezing Monetary Instrument or Property](https://www.alburolaw.com/on-freezing-monetary-instrument-or-property/): A Freeze Order may be issued against any monetary instrument or property. A Freeze Order cannot be issued for an indefinite period of time
- [On Covered Transactions Under Anti-money Laundering Act](https://www.alburolaw.com/on-covered-transactions-under-anti-money-laundering-act/): ON COVERED TRANSACTIONS UNDER ANTI-MONEY LAUNDERING ACT: What is a covered transaction? What is a suspicious transaction?
- [On Service Charges Collected by Hotels and Restaurants and Other Similar Establishments](https://www.alburolaw.com/on-service-charges-collected-by-hotels-and-restaurants-and-other-similar-establishments/): Service Charges shall be distributed completely and equally among employees. Service Charge paid to the employee is not part of the salary.
- [Covered Persons under the Anti-Money Laundering Act](https://www.alburolaw.com/on-covered-institutions-under-anti-money-laundering-act/): As a prevention of the crime of Money Laundering, covered institutions shall establish and record the true identity of its clients . . .
- [Guidelines for Technical Security Measures Under Data Privacy Act](https://www.alburolaw.com/guidelines-for-technical-security-measures-under-data-privacy-act/): There should be guidelines for regularly testing, assessing, and evaluating the effectiveness of the security measures adopted.
- [Physical Security Measures Under Data Privacy Act](https://www.alburolaw.com/physical-security-measures-under-data-privacy-act/): One way to protect personal data under the Data Privacy Act, is by implementing reasonable and appropriate physical security measures.
- [Non-compliance With Occupational Safety and Health Standards](https://www.alburolaw.com/non-compliance-with-occupational-safety-and-health-standards/): Always bear in mind that the effect of non-compliance with OSH Law is also applicable to contractors or subcontractors, and any person
- [Amendment in the Due Process Requirement in the Issuance of a Deficiency Tax Assessment](https://www.alburolaw.com/amendment-in-the-due-process-requirement-in-the-issuance-of-a-deficiency-tax-assessment/): Amendment in the Due Process Requirement in the Issuance of a Deficiency Tax Assessment. hall in no case extend beyond thirty (30) days from receipt.
- [Duties of Employers Under Republic Act No. 11058 or Otherwise Known as Occupational Safety and Health Standards Law](https://www.alburolaw.com/duties-of-employers-under-republic-act-no-11058-or-otherwise-known-as-occupational-safety-and-health-standards-law/): What are the the Duties of Employers Under Republic Act No. 11058 or Otherwise Known as Occupational Safety and Health Standards Law? Read this article to know.
- [Organizational Security Measures for the Protection of Personal Data](https://www.alburolaw.com/organizational-security-measures-for-the-protection-of-personal-dat/): Organizational Security Measures say that any person processing personal data must designate an individual who shall function as data protection officer.
- [General Principles for Data Sharing Under the Data Privacy Act](https://www.alburolaw.com/general-principles-for-data-sharing-under-the-data-privacy-act/): Data sharing shall be allowed when it is expressly authorized by law, provided, that there are adequate safeguards for data privacy and ...
- [Guidelines on the Verification of the Qualifications of Private Health Workers and/or Their Beneficiaries on the Grant of Compensation](https://www.alburolaw.com/guidelines-on-the-verification-of-the-qualifications-of-private-health-workers-and-or-their-beneficiaries-on-the-grant-of-compensation/): Guidelines on the Verification of the Qualifications of Private Health Workers and/or Their Beneficiaries on the Grant of Compensation.
- [Standard Policy for the Use of BIR Form No. 0605 for Excise Tax Purpose](https://www.alburolaw.com/standard-policy-for-the-use-of-bir-form-no-0605-for-excise-tax-purpose/): Standard Policy for Use of BIR Form No. 0605 for Excise Tax is used for the payment of excise tax on non- essential service for excisable cosmetic procedures.
- [General Principles in Collection, Processing and Retention of Data Under the Data Privacy Act](https://www.alburolaw.com/general-principles-in-collection-processing-and-retention-of-data-under-the-data-privacy-act/): Collection must be for a declared, specified, and legitimate purpose. Personal data processing shall be fairly and lawfully.
- [Exemption From Notification Requirements in Cases of Data Privacy Breach](https://www.alburolaw.com/exemption-from-notification-requirements-in-cases-of-data-privacy-breach/): Different factors shall be considered in determining whether the Commission may exempt a personal information controller from notification.
- [Procedure for Notifying the Data Subjects in Case of Data Privacy Breach](https://www.alburolaw.com/procedure-for-notifying-the-data-subjects-in-case-of-data-privacy-breach/): Under the Data Privacy Act, personal data breach notifications to subjects must be clear, timely, and detail the nature of the leak and risk mitigation measures
- [Procedure for Notifying the National Privacy Commission in Case of Data Privacy Breach](https://www.alburolaw.com/procedure-for-notifying-the-national-privacy-commission-in-case-of-data-privacy-breach/): Personal Data Breach Management Provides for The Procedure for Notifying the National Privacy Commission in Case of Personal Data Breach
- [Procedure for Handling Data Privacy Breach](https://www.alburolaw.com/procedure-for-handling-data-privacy-breach/): Procedure for Handling Data Privacy Breach. Actions taken by a personal information controller or personal information processor shall be properly documented.
- [Prohibited Acts Under the Data Privacy Act of 2012](https://www.alburolaw.com/prohibited-acts-under-the-data-privacy-act-of-2012/): Malicious Disclosure of any personal information is a prohibited act under the Data Privacy Act. What are the other Prohibited Acts?
- [What Are the Criteria for Lawful Processing of Personal Information?](https://www.alburolaw.com/what-are-the-criteria-for-lawful-processing-of-personal-information/): Personal information may be used, collected, recorded, updated, erased, or retrieved. There are lawful criteria for processing personal information.
- [Guidelines for the Prevention of Personal Data Breach](https://www.alburolaw.com/guidelines-for-the-prevention-of-personal-data-breach/): The security guidelines should be directed to ensuring the availability, integrity, and confidentiality of the personal data being processed.
- [Exclusions From Deposit Insurance Coverage](https://www.alburolaw.com/exclusions-from-deposit-insurance-coverage/): Deposit products constituting or emanating from unsafe and unsound banking practices are not covered by deposit insurance.
- [Service Incentive Leave](https://www.alburolaw.com/service-incentive-leave/): Service incentive leaves are five (5) leave credits with full pay. Not all employees may avail the service incentive leave.
- [Nuisance](https://www.alburolaw.com/nuisance/): The abatement of a nuisance does not preclude the right of any person injured to recover damages for its past existence.
- [Easement of Light and View](https://www.alburolaw.com/easement-of-light-and-view/): The legal easement called easement of light and view refers to an easement whereby the dominant estate enjoys the right to have free access
- [Who are the Beneficial Owners of the Corporation?](https://www.alburolaw.com/who-are-the-beneficial-owners-of-the-corporation/): Beneficial Owner / s are those natural or juridical person who owns or has the controlling ownership interest over the corporation.
- [Payment of Dividends](https://www.alburolaw.com/payment-of-dividends/): Dividends are payable in cash, property or in stock to all stock holders on the basis of outstanding stocks held by them.
- [On Deposit Splitting](https://www.alburolaw.com/on-deposit-splitting/): What is deposit splitting? In deposit splitting, there is a presumption that the transferees have no beneficial ownership.
- [On Insured Deposits](https://www.alburolaw.com/on-insured-deposits/): Deposits are insured up to Five Hundred Thousand Pesos (Php 500,000). In determining such amount, all deposits are added together
- [Duty of Recipient of Fruits to Reimburse Necessary Expenses](https://www.alburolaw.com/duty-of-recipient-of-fruits-to-reimburse-necessary-expenses/): He who receives the fruits has the duty and obligation to pay the expenses made by a third person in their production, gathering, and preservation.
- [Instances When Owner of Land Does Not Own the Fruits Produced by His Property](https://www.alburolaw.com/instances-when-owner-of-land-does-not-own-the-fruits-produced-by-his-property/): Instances when land owner does not own fruits produced by his property? Possessor in good faith is entitled to the fruits received by him before his possession.
- [When Data Privacy Act Does Not Apply](https://www.alburolaw.com/when-data-privacy-act-does-not-apply/): The Data Privacy Act of 2012 protects the processing of all types of personal information. Generally, processing of personal information is prohibited.
- [Rights of the Data Subject Under the Data Privacy Act](https://www.alburolaw.com/rights-of-the-data-subject-under-the-data-privacy-act/): The data subject have the rights to reasonable access of his personal data and he have the rights to rectify any personal data gathered.
- [Owner’s Right to the Fruits Produced by His Property](https://www.alburolaw.com/owners-right-to-the-fruits-produced-by-his-property/): Owner’s Right to the Fruits Produced by His Property. The owner has the right to enjoy, dispose, recover or vindicate, possess, and use his property.
- [Classification of Acts of Sexual Harassment](https://www.alburolaw.com/classification-of-acts-of-sexual-harassment/): Sexual Harassment is a form of misconduct that undermines employment relationship. Sexual harassment requires any sexual favor from the other
- [Certificate of Authentication in Lieu of Notarization of Articles of Incorporation](https://www.alburolaw.com/certificate-of-authentication-in-lieu-of-notarization-of-articles-of-incorporation/): The registration of a corporation, which has procured its Certificate of Registration through fraud or misrepresentation, shall be revoked.
- [Who Are Entitled to Holiday Pay?](https://www.alburolaw.com/who-are-entitled-to-holiday-pay/): Holiday pay shall apply to employees in all establishments and undertakings whether for profit or not, subject to exceptions.
- [Requirement to Undergo a Medical Examination: A Management Prerogative](https://www.alburolaw.com/requirement-to-undergo-a-medical-examination-a-management-prerogative/): The requirement to undergo a medical examination is a lawful exercise of management prerogative. Management prerogative is not unlimited.
- [May Agency Continue Even After the Death of the Principal?](https://www.alburolaw.com/may-agency-continue-even-after-the-death-of-the-principal/): Agency may also continue even after the death of the principal if it has been constituted in the interest of a third person.
- [Instances Where Contract of Agency Cannot Be Revoked at Will by the Principal](https://www.alburolaw.com/instances-where-contract-of-agency-cannot-be-revoked-at-will-by-the-principal/): Bilateral contract that depends upon the agency is considered an agency coupled with an interest, making it an exception to the general rule
- [Patent Infringement](https://www.alburolaw.com/patent-infringement/): Literal Infringement and Doctrine of Equivalents are the two tests used by Courts to determine whether there is Patent Infringement.
- [Who May Be Exempted From Paying the Salary Differential of Female Employee who Availed of Maternity Leave](https://www.alburolaw.com/who-may-be-exempted-from-paying-the-salary-differential-of-female-employee-who-availed-of-maternity-leave/): Who May Be Exempted From Paying the Salary Differential of Female Employee who Availed of Maternity Leave? Find out in this ALBURO LAW OFFICES article.
- [Guidelines on the Computation of Salary Differential of Female Workers During Her Maternity Leave](https://www.alburolaw.com/guidelines-on-the-computation-of-salary-differential-of-female-workers-during-her-maternity-leave/): The amount of salary differential shall be treated as taxable income of the female worker subject to the rules and regulations of the BIR.
- [Deed of Sale of Real Property in a Public Instrument](https://www.alburolaw.com/deed-of-sale-of-real-property-in-a-public-instrument/): Sale contracts may be oral, or in writing, or partly oral and partly in writing. If in writing, it may be in a public or a private instrument.
- [May a Guardian Purchase Property Under His Guardianship?](https://www.alburolaw.com/may-a-guardian-purchase-property-under-his-guardianship/): The guardian / s shall have the care and custody of the person of his ward, and the management of his estate, or the management of the estate
- [Contracts Entered by Minors](https://www.alburolaw.com/contracts-entered-by-minors/): The minority age in the Philippines is eighteen years old (18 years old). As a general rule, contracts entered into by a minor are voidable.
- [Expropriation for Public Use](https://www.alburolaw.com/expropriation-for-public-use/): Expropriation for Public Use, just compensation should be made at the time of taking, & the amount of payment should be fair & equivalent value of the property.
- [What is Option Contract?](https://www.alburolaw.com/what-is-option-contract/): An Option Contract imposes no binding obligation on the person holding the option aside from the consideration for the offer. Not treated as sale until accepted
- [Double Sale](https://www.alburolaw.com/double-sale/): Double Sale? If the property sold was a real property, the ownership shall belong to the buyer who first registered in good faith the real property.
- [Who Should Own Properties Bought on Installments Basis, Paid Partly From Exclusive Funds of Either Spouses and Partly From Conjugal Funds?](https://www.alburolaw.com/who-should-own-properties-bought-on-installments-basis-paid-partly-from-exclusive-funds-of-either-spouses-and-partly-from-conjugal-funds/): Any amount advanced by the partnership or by either or both spouses shall be reimbursed by the owner/s upon liquidation of the partnership.
- [Does Gross Inadequacy of Price Affect a Contract of Sale?](https://www.alburolaw.com/does-gross-inadequacy-of-price-affect-a-contract-of-sale/): Gross Inadequacy? A valuable consideration, however small or nominal, if given or stipulated in good faith is, in the absence of fraud, sufficient.
- [The Family Home](https://www.alburolaw.com/the-family-home/): The family home must be the place where the owner or family resides for it to be exempt from attachment, levy, or forced sale.
- [May an Agent Purchase the Property Entrusted to Him by the Principal?](https://www.alburolaw.com/may-an-agent-purchase-the-property-entrusted-to-him-by-the-principal/): The fiduciary relations between the agent and the principal prevents the agent from asserting a title adverse to that of the principal.
- [May an Heir Be Disinherited (Part III)](https://www.alburolaw.com/may-an-heir-be-disinherited-part-iii/): Partial disinheritance is not allowed. Disinheritance may be rendered ineffectual. The disinherited heir may be represented by his own heirs
- [What Charges May Be Deducted From the Absolute Community Property?](https://www.alburolaw.com/what-charges-may-be-deducted-from-the-absolute-community-property/): Debts, charges prior to marriage by either spouse, which did not redound to the benefit of the family shall not be borne by the absolute community of property.
- [Close Corporation](https://www.alburolaw.com/close-corporation/): Aside from Stock, Non-Stock, Special, One- Person, and Foreign Corporation, an incorporator may also set-up a Close Corporation.
- [Rights of Workers Under Republic Act No. 11058 or “An Act Strengthening Compliance With Occupational Safety and Health Standards and Providing Penalties for Violations Thereof”](https://www.alburolaw.com/rights-of-workers-under-republic-act-no-11058-or-an-act-strengthening-compliance-with-occupational-safety-and-health-standards-and-providing-penalties-for-violations-thereof/): Rights of Workers Under Republic Act No 11058. Workers are entitled to a safe workplace, OSH training, PPE, & the right to refuse unsafe work without reprisal.
- [May Common Areas of a Condominium Project Be Altered?](https://www.alburolaw.com/may-common-areas-of-a-condominium-project-be-altered/): Common areas are co-owned by the registered owners of condominium units. Common areas may be altered with the approval of the registered owners
- [May You Rely on Future Inheritance to Secure a Loan?](https://www.alburolaw.com/may-you-rely-on-future-inheritance-to-secure-a-loan/): Instead of using one’s own personal or real property as collateral, a businessman opted to secure a loan relying on his future inheritance.
- [Property Regime of Unions Without Marriage (Part II)](https://www.alburolaw.com/property-regime-of-unions-without-marriage-part-ii/): If the actual contribution of the party is not proved, there will be no co-ownership and no presumption of equal property shares.
- [What is Legitime?](https://www.alburolaw.com/what-is-legitime/): In layman’s term, legitime is that part of a person’s property or rights (estate) which he cannot sell, donate, or transfer in any manner.
- [May an Heir Be Substituted?](https://www.alburolaw.com/may-an-heir-be-substituted/): A testator may impose conditions when designating a person to inherit his propertyA testator may appoint another heir to substitute the first heir
- [What Are the Exclusive Properties of Spouses in a Conjugal Partnership?](https://www.alburolaw.com/what-are-the-exclusive-properties-of-spouses-in-a-conjugal-partnership/): In a Conjugal Partnership of Gains, exclusive properties include those acquired before marriage, inherited assets, and items bought with individual funds.
- [Allowance and Disallowance of Wills](https://www.alburolaw.com/allowance-and-disallowance-of-wills/): What is allowance and disallowance of wills? If the will is valid, it should be allowed. In contrast, if the will is invalid, it should be disallowed.
- [May a Will Be Revoked?](https://www.alburolaw.com/may-a-will-be-revoked/): There are also instances where a testator, due to some circumstances, wants to revoke his will. Is the testator allowed to revoke his will?
- [Rights of a Condominium Unit Owner](https://www.alburolaw.com/rights-of-a-condominium-unit-owner/): The rights of a condominium unit owner are provided under Republic Act No. 4726, as amended, otherwise known as “The Condominium Act.”
- [Without Ante-Nuptial Agreement, What Property Regime Will Govern the Assets of Future Spouses?](https://www.alburolaw.com/without-ante-nuptial-agreement-what-property-regime-will-govern-the-assets-of-future-spouses/): Without Ante-Nuptial Agreement, What Property Regime Will Govern the Assets of Future Spouses? Discover which property regime governs assets in the Philippines.
- [Role of Employers and Workers in the Workplace During Covid-19](https://www.alburolaw.com/role-of-employers-and-workers-in-the-workplace-during-covid-19/): Employers and workers in the private sector are mandated by the guidelines to observe health protocols as the ECQ and GCQ remains in effect.
- [Closure of Business](https://www.alburolaw.com/closure-of-business/): For some, it resulted to great business losses. And to stop the bleeding, many business owners opt to permanently closure of their businesses.
- [Pondo Sa Pagbabago at Pag-asenso (Covid19 P3-E)](https://www.alburolaw.com/pondo-sa-pagbabago-at-pag-asenso-covid19-p3-erf/): Under the Pondo sa Pagbabago at Pag-asenso (COVID-19 P3-ERF), the Small Business Corporation—guided by the Department of Trade and Industry.
- [Contractual Obligations of Businesses During Covid-19](https://www.alburolaw.com/contractual-obligations-of-businesses-during-covid-19/): If any obligations have not been complied, is there any remedy under the law against the erring party? Is there an instance where the debtor may be excused?
- [Downsizing of Employees due to Covid-19](https://www.alburolaw.com/downsizing-of-employees-due-to-covid19/): The ECQ has resulted to loss of earnings. One option being considered by many employers to mitigate the losses is by downsizing their work forces.
- [SSS Benefits Available To Employees During The Covid - 19 Pandemic](https://www.alburolaw.com/sss-benefits-available-to-employees-during-the-covid19-pandemic/): In order to mitigate the financial burden of the employees, SSS provided Calamity Loan, Moratorium on STL, and Unemployment Insurance.
- [Covid – 19 and Its Impact on the Management Prerogative of Employers](https://www.alburolaw.com/covid-19-and-its-impact-on-the-management-prerogative-of-employers/): All the employers could do is to wisely exercise their management prerogative. As a response to COVID – 19, these employers may resort . . .
- [When Is Meal Time Compensable?](https://www.alburolaw.com/when-is-meal-time-compensable/): Labor Code provides that every employer shall give his employees not less than 60 minutes or 1 hour time-off for regular meal / s.
- [What is an Appraisal Right?](https://www.alburolaw.com/what-is-an-appraisal-right/): Appraisal Right refers to the right of any stockholder to dissent and demand payment of the fair value of his or her shares in the corporation.
- [Job Contracting vs. Labor-only Contracting](https://www.alburolaw.com/job-contracting-vs-labor-only-contracting/): The case of Petron Corporation vs. ARMZ CABARETE et. al, discussed the difference between Job Contracting vs. Labor-only Contracting.
- [Reducing the Number of Stockholder](https://www.alburolaw.com/reducing-the-number-of-stockholder/): The corporation should amend its Article of Incorporation to reflect this change to reduce the number of stockholders from the minimum number of five (5).
- [Is a Corporate Officer an Employee?](https://www.alburolaw.com/is-a-corporate-officer-an-employee/): Corporate officer / s were those officers of a corporation who are given that character either by the Corporation Code (repealed by RCC) or by-laws.
- [Are Seasonal Employees Considered Regular Employees?](https://www.alburolaw.com/are-seasonal-employees-considered-regular-employees/): Seasonal employment is an arrangement where an employee is engaged to work during a particular season in an activity that is usually necessary for employer.
- [Settling the Estate Tax of a Deceased Stockholder](https://www.alburolaw.com/settling-the-estate-tax-of-a-deceased-stockholder/): Estate Tax is a tax on the right of the deceased person to transmit his/her estate to his/her lawful heirs and beneficiaries at the time of death.
- [Revival of Expired Corporation](https://www.alburolaw.com/revival-of-expired-corporation/): Revised Corporation Code of the Philippines , made amendments to the corporation’s term. RCC also included provisions for the revival of an expired corporation.
- [Supplements vs. Facilities](https://www.alburolaw.com/supplements-vs-facili/): This article will discuss the difference between “Supplements” and “Facilities” as discussed by the Supreme Court in the case.
- [Articles of Incorporation vs. Bylaws](https://www.alburolaw.com/articles-of-incorporation-vs-bylaws/): Articles of Incorporation is primarily governed by Sections 13 to 16 of the Revised Corporation Code while Bylaws is governed by Sections 45 to 47.
- [Mandatory Remittance for Overseas Filipino Workers](https://www.alburolaw.com/mandatory-remittance-for-ofws/): EO 857 mandates every Filipino contract worker abroad to mandatory remit a portion of his foreign exchange earnings to his beneficiary in the Philippines.
- [What is a Subscription Contract?](https://www.alburolaw.com/what-is-a-subscription-contract/): Does a corporation issues Stock Certificates upon the execution of a Subscription Contract?- No. Stock Certificates are issued to a subscriber only . .
- [Are Regular Full-time Monthly Paid Teachers in Private Schools Entitled to Salary During Semestral Breaks? The Answer is “Yes!”.](https://www.alburolaw.com/are-regular-full-time-monthly-paid-teachers-in-private-schools-entitled-to-salary-during-semestral-breaks-the-answer-is-yes/): Taking into consideration the nature of “Semestral breaks,” they are periods which are not controlled by paid teachers in private schools.
- [Features of the Revised Corporation Code](https://www.alburolaw.com/features-of-the-revised-corporation-code/): Republic Act No. 11232, otherwise known as the REVISED CORPORATION CODE OF THE PHILIPPINES (RCC) was signed into law by the President on February 20, 2019.
- [Can an Employer Require His Employee to Work on His Rest Day?](https://www.alburolaw.com/can-an-employer-require-his-employee-to-work-on-his-rest-day/): All employers, operating for profit or not, including public utilities operated by private persons are bound to give their employees a weekly rest day.
- [Significance of Knowing Whether You Are Considered a “Solo Parent” Under RA 8972](https://www.alburolaw.com/significance-of-knowing-whether-you-are-considered-a-solo-parent-under-ra-8972/): RA 8972 is AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS AND THEIR CHILDREN. What is a Solo Parent? Is there a significance in knowing?
- [Key Benefits of Written Contracts in Business](https://www.alburolaw.com/key-benefits-written-contract-business/): Key Benefits of Written Contracts in Business - why written contracts are essential for legal protection in this guide by ALBURO & ASSOCIATES LAW OFFICES.
- [Register as BMBE and Enjoy the Perks](https://www.alburolaw.com/register-as-bmbe-and-enjoy-the-perks/): Despite the vast number of micro enterprises, only a few of them avail the benefits provided by Barangay Micro Business Enterprise Law / BMBE (RA 9178.)
- [Hiring of Persons With Disability](https://www.alburolaw.com/hiring-of-persons-with-disability/): “Magna Carta for Disabled Persons” (RA 7277) defines Disabled Persons as those suffering from restriction of different abilities, as a result of a mental,
- [Rights of Stockholders in a Dissolved Corporation](https://www.alburolaw.com/rights-of-stockholders-in-a-dissolved-corporation/): Dissolution of a corporation in the Philippines is a process of terminating its existence under the laws Once a corporation is dissolved, what is next?
- [Setting Up a One Person Corporation](https://www.alburolaw.com/setting-up-a-one-person-corporation/): With the Revised Corporation Code (Republic Act No. 11232) which was approved last 20 February 2019, a single incorporator can set up a corporation.
- [When Does Stock Corporation Become Non-stock?](https://www.alburolaw.com/when-does-stock-corporation-become-non-stock/): Stock Corporation–have capital stock divided into shares and are authorized to distribute to the holders; Non- stock corporation-no authorized capital stock
- [Grandfather Rule: When the 60-40 Filipino – Foreign Equity is in Doubt](https://www.alburolaw.com/grandfather-rule-when-the-60-40-filipino-foreign-equity-is-in-doubt/): Nationality rule is attributed to the percentage of equity in the corporation used in nationalized or partly nationalized area.
- [Knowing the Difference Between Retrenchment and Redundancy as Authorized Causes for Dismissal from Employment](https://www.alburolaw.com/knowing-the-difference-between-retrenchment-and-redundancy-as-authorized-causes-for-dismissal-from-employment/): Two (2) of the most common authorized causes for dismissal under Article 298 (283) of the Labor Code of the Philippines are Retrenchment and Redundancy.
- [A Brief Discussion on Badges of Regularization](https://www.alburolaw.com/a-brief-discussion-on-badges-of-regularization/): the Court explained that the existence and application of the badges of regularization will not be fair if applied to the construction industry
- [Attitude Problem: A Ground for Dismissal from Employment](https://www.alburolaw.com/attitude-problem-ground-for-dismissal-from-employment/): Dottie filed an illegal dismissal case against her employer. The management countered that Dottie had an attitude problem and did not get along.
- [My work is worth the WEIGHT: A Brief Discussion on Employer’s Standards](https://www.alburolaw.com/my-work-is-worth-the-weight-a-brief-discussion-on-employers-standards/): The failure to observe the weight standards of the employer, if it is reasonably important to the business, is a just cause for dismissal from employment.
- [Count Your Blessings: Compute Your Holiday Pay!](https://www.alburolaw.com/count-your-blessings-compute-your-regular-and-non-working-holiday-pay/): Regular holidays are those that usually have a fixed date. Special Non – Working Holidays are more flexible. Learn how to count and compute your holiday pay.
- [Stealing Co-Employee’s Personal Belongings: A Just Cause for Dismissal](https://www.alburolaw.com/stealing-co-employees-personal-belongings-a-just-cause-for-dismissal/): Theft involving company properties or stealing the properties of the company is considered as a form of serious misconduct
- [Disregarding Company Rules and Regulations:  A Ground for Termination](https://www.alburolaw.com/disregarding-company-rules-and-regulations-a-ground-for-termination/): Among the employer's management prerogatives is the right to prescribe reasonable Company rules and regulations necessary for the conduct of its business.
- [Is Premature Retirement of Employees Allowed?](https://www.alburolaw.com/is-premature-retirement-of-employees-allowed/): Any employee may be retired upon reaching the retirement age established in the collective bargaining agreement or applicable employment contract.
- [“Action Speaks Louder than Voice”:  Acts of Employer Constituting Dismissal](https://www.alburolaw.com/action-speaks-louder-than-voice-acts-of-employer-constituting-dismissal/): In illegal dismissal cases, the employer has the burden of proving that the termination was for a valid or authorized cause.
- [Facebook Rants of Employees:  When Considered as Ground for Just Cause of Dismissal from Employment](https://www.alburolaw.com/social-media-facebook-rants-of-employees-just-cause-of-dismissal-from-employment/): When does negative posts of employees towards his employer through any social media platform considered as Ground for Just Cause of Dismissal.
- [“Anything Under the Sun” Ground for Termination of Employment](https://www.alburolaw.com/anything-under-the-sun-ground-for-termination-of-employment/): Our existing Labor Laws specified eight (8) just causes for termination of employment. Amongst the grounds expressly provided therefor are “other analogous
- [Wages vs. Salary](https://www.alburolaw.com/wages-vs-salary/): According to some accounting articles, the difference between salary and wages lies on the days or hours rendered by a person.
- [Essentials of Special Power of Attorney (SPA) to Sell Real Property](https://www.alburolaw.com/special-power-of-attorney-spa-to-sell-real-property/): A contract is a meeting of minds between two (2) persons whereby one binds himself, with respect to the other, to give something or to render some service.
- [Legal Implications of a Forged Deed of Sale](https://www.alburolaw.com/legal-implications-of-a-forged-deed-of-sale/): As a rule, it has been consistently held by the Supreme Court that a forged or fraudulent deed is a nullity and conveys no title.
- [Knowing the Difference Between Probationary Employment and Project Employment](https://www.alburolaw.com/difference-between-probationary-employment-and-project-employment/): Amongst the five (5) general classifications of employment are probationary and project employments. While these two classifications are totally different
- [Service Charges are Now for Employees Only: A Legal Development](https://www.alburolaw.com/service-charges-are-now-for-employees-only-a-legal-development/): It is a common dining etiquette in the Philippines to look for “service charge” on their bills in order to decide whether they will leave a tip or not.
- [Post-Employment Prohibitions](https://www.alburolaw.com/post-employment-prohibitions/): The management prerogatives are written on the contracts and/or agreements and are often called “Confidentiality and Non-Compete Clause.”
- [Understanding the Nature of Manager’s Check](https://www.alburolaw.com/understanding-the-nature-of-managers-check/): Manager’s or cashier’s checks are bills of exchange drawn by the bank’s manager or cashier, in the name of the bank, against the bank itself.
- [The Tenor of a Voluntary Resignation of an Employee and its Effects](https://www.alburolaw.com/tenor-of-a-voluntary-resignation-of-an-employee-and-its-effects/): Our labor laws allow employees to terminate or discontinue their services from their employers through voluntary resignation.
- [What is Insider Trading?](https://www.alburolaw.com/what-is-insider-trading/): Republic Act No. 8799 (RA 8799) or The Securities Regulation Code was enacted to establish a socially conscious, free market that regulates itself.
- [The Different Grounds for Termination of Employment](https://www.alburolaw.com/the-different-grounds-for-termination-of-employment/): Termination of Employment means to sever the employer-employee relationship, and put an end on an employee’s current work.
- [Decoding the Role of the Electronic Commerce Act of 2000 (Republic Act No. 8792) in Business](https://www.alburolaw.com/electronic-commerce-act-of-2000-ra-8792/): Information and communications technology modernized consumer transactions with the enactment of the Electronic Commerce Act of 2000 (RA 8792)
- [Understanding the Principle of Indivisibility of Stock Subscription](https://www.alburolaw.com/principle-of-indivisibility-of-stock-subscription/): Principle of Indivisibility of Stock Subscription. Learn why full payment is required before issuing stock certificates.
- [Republic Act No. 7699 or The Portability Law as a Remedy of an Employee Who is Not Qualified for Benefits under the SSS Law or GSIS Law](https://www.alburolaw.com/the-portability-law-republic-act-no-7699/): Portability refers to the transfer of funds for the account, and benefit of a worker who transfers from one system to the other.
- [Suppressing the Predators in Business: A Brief Discussion on the Philippine Competition Act of 2015 (Republic Act No. 10667)](https://www.alburolaw.com/philippine-competition-act-of-2015-republic-act-no-10667/): Philippine Competition Act of 2015 (PCA), the only law primarily focused on competition policies which are hardly discussed in any jurisprudence
- [Salient Features of Republic Act No. 8291 or the Government Service Insurance System Act of 1997](https://www.alburolaw.com/government-service-insurance-system-act-of-1997/): The Government Service Insurance System (GSIS) is mandated to provide government employees benefits that will ensure their social welfare.
- [Saving a Corporation through Corporate Rehabilitation Proceedings](https://www.alburolaw.com/saving-a-corporation-through-corporate-rehabilitation-proceedings-2/): Saving a Corporation through Corporate Rehabilitation can save a failing business. Understand Stay Orders, the role of a Receiver, and the "Cram-Down" rule.
- [Salient Features of Republic Act No. 11199, amending Republic Act No. 8282, also known as the New Social Security Law of 2018](https://www.alburolaw.com/the-new-social-security-law-of-2018-ra-no-11199/): The New Social Security Law of 2018 (RA No. 11199) . Learn about the 2026 15% contribution rate, mandatory OFW coverage, and SSS Unemployment Insurance.
- [Licensing Agreement versus Franchising Agreement in the Philippines](https://www.alburolaw.com/licensing-agreement-versus-franchising-agreement/): Licensing Agreement versus Franchising Agreement. Learn about the differences in control, business scope, and the advantages of each for your venture.
- [Who are Eligible for Retirement Pay?](https://www.alburolaw.com/who-are-eligible-for-retirement-pay/): There are some state principles anchored to Labor Code of the Philippines which provides for the grant and coverage of Retirement Pay.
- [Further Empowering Rights of Women: Highlights of Republic Act No. 11210 or the “105-Day Expanded Maternity Leave Law”](https://www.alburolaw.com/highlights-of-republic-act-no-11210/): RA 11210: The “105-Day Expanded Maternity Leave Law”. Learn about leave durations, full-pay guarantees, SSS requirements, and allocation for fathers.
- [Simulated Birth Act or Republic Act No. 11222:  The Twin Remedy of Adoption and Rectification](https://www.alburolaw.com/simulated-birth-act-or-republic-act-no-11222-the-twin-remedy-of-adoption-and-rectification/): Simulated Birth Act or Republic Act No. 11222: Learn about the twin remedy of administrative adoption and rectification, amnesty for parents, DSWD requirements.
- [Ensuring Child’s Safety and Protection on Board a Vehicle through the Enactment of Republic Act No. 11229, otherwise known as Child Safety in Motor Vehicles Act](https://www.alburolaw.com/republic-act-no-11229-child-safety-in-motor-vehicles-act/): RA No. 11229 or The Child Safety in Motor Vehicles Act, was enacted to ensure child safety on the road and protect them from injuries or worst, death.
- [The Basics on How to Form a Corporation in the Philippines](https://www.alburolaw.com/the-basics-on-how-to-form-a-corporation-in-the-philippines/): The Basics on How to Form a Corporation in the Philippines. Discover requirements for OPCs, incorporators, capital stock, and SEC registration steps.
- [Modes of Determining the Sole and Exclusive Bargaining Agent (SEBA)](https://www.alburolaw.com/modes-of-determining-the-sole-and-exclusive-bargaining-agent-seba/): Modes of Determining Sole & Exclusive Bargaining Agent SEBA. Learn the different modes of determining the SEBA in the Philippines.
- [Minimum Requirements and Legal Implications of Hiring a Kasambahay or Domestic Worker](https://www.alburolaw.com/minimum-requirements-and-legal-implications-of-hiring-a-kasambahay-or-domestic-worker/): What You Should Know When Hiring a Kasambahay. Learn about mandatory benefits, employment contracts, and employer obligations in the Philippines.
- [Are School Bus Operators Common Carriers?](https://www.alburolaw.com/are-school-bus-operators-common-carriers/): Common carrier “offering their services to the public” means to the general public without any specific segment of the population.
- [Key Notes on The Revised Corporation Code of The Philippines or Republic Act No. 11232 (Effectivity Date: February 23,2019)](https://www.alburolaw.com/key-notes-on-the-revised-corporation-code-of-the-philippines-republic-act-no-11232/): KEY NOTES ON THE REVISED CORPORATION CODE OF THE PHILIPPINESOR REPUBLIC ACT NO. 11232 (Effectivity Date: 02.23.2019). ALBURO ALBURO AND ASSOCIATES LAW OFFICES
- [Should Minimum Wage be the Same Across the Country?](https://www.alburolaw.com/should-minimum-wage-be-the-same-across-the-country/): Should Minimum Wage be the Same Across the Country? Making the minimum wage be the same has been pitched, but could it really be the solution?
- [Notable Changes on The Social Security System of The Philippines By The Enactment Of Republic Act No. 11199, Also Known as The New Social Security Law Of 2018, amending Republic Act No. 8282](https://www.alburolaw.com/notable-changes-on-the-social-security-system-of-the-philippines-by-the-enactment-of-republic-act-no-11199-also-known-as-the-new-social-security-law-of-2018-amending-republic-act-no-8282/): Republic Act No. 11199, The New SSS Law. The President recently signed into law a new Social Security Law, Republic Act No. 11199.
- [How to Spot Copyright Infringement](https://www.alburolaw.com/how-to-spot-copyright-infringement/): This article will give its readers a glimpse on how to detect copyright infringement under the established laws and case precedents.
- [Be SMART and roam around the GLOBE under the SUN:  Highlights of Republic Act 11202 or the Mobile Number Portability Act](https://www.alburolaw.com/republic-act-11202-or-the-mobile-number-portability-act/): Republic Act 11202 or the Mobile Number Portability Act. Learn how to switch networks while keeping your number and your rights as a subscriber.
- [A Guide on Copyright Law](https://www.alburolaw.com/a-guide-on-copyright-law/): A Guide on Copyright Law. Learn about automatic protection, economic and moral rights, fair use exceptions, and legal remedies for infringement.
- [What you Need to Know about Employing Night Workers](https://www.alburolaw.com/what-you-need-to-know-about-employing-night-workers/): What you Need to Know about Employing Night Workers. Learn about mandatory night shift differential (NSD), health assessments, and employer safety obligations.
- [Matters Involving Enforceability of Insurance Policies](https://www.alburolaw.com/matters-involving-enforceability-of-insurance-policies/): Matters Involving Enforceability of Insurance Policies. Understand the impact of insurable interest, material disclosure, and premium payments on coverage.
- [When is There Sexual Harassment on a Work-Related or Employment Environment?](https://www.alburolaw.com/sexual-harassment-on-employment-environment/): When is There Sexual Harassment on a Work-Related or Employment Environment? Learn about the role of authority and hostile environments from ALBURO LAW OFFICES.
- [Types of Businesses: Their Advantages and Disadvantages](https://www.alburolaw.com/types-of-businesses-their-advantages-and-disadvantages/): Types of Business: Advantage and Disadvantage. Explore the common types of business structures—sole proprietorships, partnerships, and corporations.
- [Understanding the Doctrine of Corporate Social Responsibility](https://www.alburolaw.com/understanding-the-doctrine-of-corporate-social-responsibility/): Understanding Corporate Social Responsibility. Learn how businesses contribute to society while being compliant from ALBURO ALBURO & ASSOCIATES LAW OFFICES.
- [Understanding the Rights and Reliefs of Overseas Filipino Workers](https://www.alburolaw.com/understanding-the-rights-and-reliefs-of-overseas-filipino-workers/): Understanding Rights & Reliefs of Overseas Filipino Workers. Learn about protections & how to address grievances from ALBURO ALBURO AND ASSOCIATES LAW OFFICES.
- [What to Expect from a Visit from the Authorized Representative of the Secretary of Department of Labor and Employment (DOLE)?](https://www.alburolaw.com/what-to-expect-from-a-dole-visit/): What to Expect from a Visit from the Authorized Representative of the Secretary of Department of Labor and Employment? Learn from ALBURO ALBURO LAW OFFICES
- [When Business Owners Could be Held Liable for Damages](https://www.alburolaw.com/business-owners-liable-damages/): One may be liable for damages for injury caused not only by reason of intentional acts and omissions, but also by reason of negligence.
- [What the Anti-age Discrimination Law Means for Employers](https://www.alburolaw.com/anti-age-discrimination-law-employers/): R.A. No. 10911, or Anti-Age Discrimination in Employment Act, was passed to promote employment based on abilities, knowledge and skills, not age.
- [Understanding the Nature and Consequences of Resignation](https://www.alburolaw.com/nature-consequences-resignation/): Understanding the Nature and Consequences of Resignation. Learn about the 30-day notice rule, voluntary intent, and the consequences for benefits and clearance.
- [Walking Through the Essential Traits of Contracts](https://www.alburolaw.com/essential-traits-contracts/): Image Source Published — August 2, 2018 The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any. Also, the matters contained
- [What you Should Know about Engaging in Recruitment Business](https://www.alburolaw.com/engaging-recruitment-business/): What you should know about engaging in recruitment business? Understand licensing, prohibited practices, & obligations to protect workers by ALBURO LAW OFFICES.
- [How Safe is our Banking System?](https://www.alburolaw.com/how-safe-banking-system/): Image Source Published — July 19, 2018 The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any. Also, the matters contained
- [Knowing the Consequences of Employment of Children](https://www.alburolaw.com/knowing-consequences-employment-children/): Knowing Consequences of Employment of Children. Understand the difference between permissible work and prohibited employment for minors by ALBURO LAW OFFICES.
- [Transport Company's Liability in Transporting Passengers or Goods](https://www.alburolaw.com/transport-company-liability-passengers-goods/): Transport Company's Liability in Transporting Passengers or Goods. Learn about liability for damages, legal defenses, and passenger safety under the Civil Code.
- [Comparison of GSIS and SSS Benefits](https://www.alburolaw.com/comparison-of-gsis-and-sss-benefits/): Comparison of GSIS and SSS Benefits. Learn about coverage, membership requirements, and the Portability Law for transitioning workers.
- [Why Ease of Doing Business was called a "gamechanger"](https://www.alburolaw.com/ease-of-doing-business-gamechanger/): Why Ease of Doing Business was called a "gamechanger"? Learn about rules, approvals, and efforts to cut red tape from ALBURO ALBURO AND ASSOCIATES LAW OFFICES.
- [Management Prerogative and Rights of Employers](https://www.alburolaw.com/management-prerogative-rights-employers/): Management prerogative & rights of employers. Learn to balance business operational needs with employee protections from ALBURO ALBURO & ASSOCIATES LAW OFFICES.
- [What you Should Know about the State Insurance Fund](https://www.alburolaw.com/know-state-insurance-fund/): What you Should Know about the State Insurance Fund ? How this social insurance program provides compensation, and rehabilitation benefits to employees.
- [Proving Claims in Land Ownership Disputes](https://www.alburolaw.com/proving-claims-land-ownership-disputes/): Proving Claims in Land Ownership Disputes.Learn the essential legal evidence, documentation, and judicial processes required to prove your land claim.
- [Preventing Sexual Harassment in the Workplace](https://www.alburolaw.com/preventing-sexual-harassment-workplace/): Preventing Sexual Harassment in the Workplace. Learn employer responsibilities, prohibited acts, and policies to maintain a safe and compliant environment.
- [What you Should Know about Demotion of Employees](https://www.alburolaw.com/know-demotion-employees/): What you Should Know about Demotion of Employees. Learn when a demotion is considered valid and how to avoid claims of constructive dismissal.
- [Creditor's Guide in Ensuring Truth in Lending](https://www.alburolaw.com/creditors-guide-truth-in-lending/): Creditor's Guide in Ensuring Truth in Lending. This guide outlines creditor obligations, disclosure requirements, and best practices to maintain transparency.
- [Types of Employment, and How it Affects Security of Tenure](https://www.alburolaw.com/types-employment-affects-security-tenure-2/): Types of Employment, and How it Affects Security of Tenure. Understand the legal distinctions between regular, project-based, seasonal, and casual employment.
- [Things to Know about Entering a Joint Venture](https://www.alburolaw.com/about-entering-joint-venture/): Things to Know about Entering a Joint Venture. Learn about risks, benefits, and key considerations for businesses from ALBURO ALBURO AND ASSOCIATES LAW OFFICES.
- [Understanding How Lease Agreements Work](https://www.alburolaw.com/understanding-lease-agreements/): Understanding How Lease Agreements Work. Explore key clauses, rights, and obligations to ensure a legally sound lease arrangement by ALBURO LAW OFFICES.
- [How to Protect Yourself in Franchising your Business](https://www.alburolaw.com/protect-yourself-franchising-business/): How to Protect Yourself in Franchising your Business. Protect yourself, draft robust franchise agreements, with ALBURO ALBURO & ASSOCIATES LAW OFFICES.
- [Termination of Employment due to Loss of Trust & Confidence](https://www.alburolaw.com/termination-employment-loss-trust-confidence/): Termination of Employment due to Loss of Trust & Confidence. Discover which positions are covered and how to avoid illegal dismissal with Alburo Law Offices.
- [Data Privacy Guide for Employers](https://www.alburolaw.com/data-privacy-guide-employers/): Data Privacy Guide for Employers - Alburo Alburo & Associates Law Offices tackles the employer's duties under the Data Privacy Act, from hiring to offboarding.
- [Bulk Sales Requirements that Creditors Need to Know](https://www.alburolaw.com/bulk-sales-creditors-need-know/): Bulk Sales Requirements that Creditors Need to Know. Learn the mandatory requirements with this guide from ALBURO ALBURO AND ASSOCIATES LAW OFFICES.
- [Riding the TRAIN, and How it Affects Philippine Taxation](https://www.alburolaw.com/riding-train-affects-philippine-taxation/): Riding the TRAIN, and How it Affects Philippine Taxation. Learn about income tax relief, new excise taxes, and how these changes impact you with Alburo Law.
- [Retrenchment or Downsizing, when Done Right](https://www.alburolaw.com/retrenchment-downsizing-done-right/): Retrenchment or Downsizing, when Done Right - Discover how to conduct a valid retrenchment that complies with Philippine labor laws with Alburo Law Offices.
- [Drug-free Program for a Drug-free Workplace](https://www.alburolaw.com/drug-free-program-drug-free-workplace/): Drug-free Program for a Drug-free Workplace discover the legal steps for implementing a Drug-Free Workplace policy via ALBURO ALBURO AND ASSOCIATES LAW OFFICES.
- [Doing Business Under a Separate Corporate Personality](https://www.alburolaw.com/business-separate-corporate-personality/): Doing Business Under a Separate Corporate Personality Learn how a corporation’s identity protects stockholders from personal liability with Alburo Law Offices.
- [4 Things to Know About Warranty Against Hidden Defects](https://www.alburolaw.com/warranty-hidden-defects/): 4 Things to Know About Warranty Against Hidden Defects -Explore the 4 essential things to know about implied warranties and legal remedies in via Alburo Law.
- [Res Judicata](https://www.alburolaw.com/res-judicata/): The principle of res judicata means "a matter adjudged" or a thing judicially acted upon or decided or settled by judgment.
- [The Supreme Court Decides: Properties proven to Be Disproportionate to a Public Officer’s Lawful Income May Be Forfeited in Favor of the State](https://www.alburolaw.com/the-supreme-court-decides-properties-proven-to-be-disproportionate-to-a-public-officers-lawful-income-may-be-forfeited-in-favor-of-the-state/): Since General Ligot, et al., Paragas, and Yambao failed to adduce sufficient proof to rebut the presumption, the properties in Civil Case No. 0197 were properly forfeited in favor of the government. Moreover, General Ligot was a public officer, acquired a considerable amount of money during his tenure, and the amassed bank deposits and investment accounts traceable to him were manifestly disproportionate to his lawful income. Since General Ligot, et al. failed to controvert the presumption, the bank deposits and investment accounts were likewise forfeitable in favor of the Republic.
- [Kasambahay Law: Understanding the Rights and Protection of Domestic Workers](https://www.alburolaw.com/kasambahay-law-understanding-the-rights-and-protection-of-domestic-workers/): The State recognizes the need to protect the rights of domestic workers against abuse, harassment, violence, economic exploitation and performance of work that is hazardous to their physical and mental health. (Section 2(c), Republic Act No. 10361)
- [In Dubio Pro Reo: When Doubt Favors the Accused](https://www.alburolaw.com/in-dubio-pro-reo-when-doubt-favors-the-accused/): In Intestate Estate of Carungcong v. People of the Philippines and William Sato, G.R. No. 181409, February 11, 2010, the Supreme Court held that the fundamental principle in applying and in interpreting criminal laws is to resolve all doubts in favor of the accused. In dubio pro reo. When in doubt, rule for the accused. This is in consonance with the constitutional guarantee that the accused shall be presumed innocent unless and until his guilt is established beyond reasonable doubt.
- [WHO OWNS THE FRUITS NATURALLY FALLING UPON AN ADJACENT LAND?](https://www.alburolaw.com/who-owns-the-fruits-naturally-falling-upon-an-adjacent-land/): Fruits naturally falling upon adjacent land belong to the owner of said land. Fruits are still owned by the tree owner if it still hangs.
- [CAUSES FOR EXTINGUISHMENT OF THE EASEMENT OF RIGHT OF WAY](https://www.alburolaw.com/causes-for-extinguishment-of-the-easement-of-right-of-way/): Public highway must substantially meet the needs of the dominant estate in order that the easement may be extinguished.
- [Women in the Workplace: Special Laws](https://www.alburolaw.com/women-in-the-workplace-special-laws/): Anchored on the constitutional mandate to protect women and promote their welfare, several Philippine laws reflect the State’s recognition that women require not only equal treatment, but also targeted protections and benefits in the workplace.
- [EASEMENT OF PARTY WALL](https://www.alburolaw.com/easement-of-party-wall/): Legal easements are those which can be enforced by law and, therefore, may be established even against the will of the owner of the
- [How Are Easements Acquired?](https://www.alburolaw.com/how-are-easements-acquired/): • If the easement is continuous and non-apparent or discontinuous and non-apparent, it can be acquired only by title.
- [Women in the Workplace: Labor Code Protections](https://www.alburolaw.com/women-in-the-workplace-labor-code-protections/): Section 14, Article II of the 1987 Philippine Constitution provides that the State shall protect working women by ensuring safe and healthful working conditions, taking into account their maternal functions, and by providing such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.
- [[Labor Advisory No. 01-23] Food and Waterborne Disease Prevention and Control in the Workplace](https://www.alburolaw.com/labor-advisory-no-01-23-food-and-waterborne-disease-prevention-and-control-in-the-workplace/): [011623] LA-01-23-Food-and-Waterborne-Disease-Prevention-and-Control-in-the-WorkplaceDownload
- [[Labor Advisory No. 02-23] Payment of Wages for the Special (Non-Working) Day on 24 February 2023](https://www.alburolaw.com/labor-advisory-no-02-23-payment-of-wages-for-the-special-non-working-day-on-24-february-2023/): [022423] LA-02-23-Payment-of-Wages-for-the-Special-Non-Working-Day-on-24-February-2023Download
- [[Labor Advisory No. 03-23] Gender Equality in the Workplace](https://www.alburolaw.com/labor-advisory-no-03-23-gender-equality-in-the-workplace/): [030723] LA-03-23-Gender-Equality-in-the-WorkplaceDownload
- [[Labor Advisory No. 04-23] Annual Establishment Report on Wages for Calendar Year 2022](https://www.alburolaw.com/labor-advisory-no-04-23-annual-establishment-report-on-wages-for-calendar-year-2022/): [031023] LA-04-23-Annual-Establishment-Report-on-Wages-for-CY-2022Download
- [[Labor Advisory No. 05-23] Transfer of Program Administration and Management of Contracting Arrangement Pursuant to Articles 106 to 109, of thе Labor Code as Amended, and its Implementing Rules and Regulations from the Bureau of Working Conditions to the Bureau of Local Employment](https://www.alburolaw.com/labor-advisory-no-05-23-transfer-of-program-administration-and-management-of-contracting-arrangement-pursuant-to-articles-106-to-109-of-thе-labor-code-as-amended-and-its-implementing-rules-a/): [031323] LA-05-23-Transfer-of-Program-Administration-and-Management-of-Contracting-Arrangement-Pursuant-to-Articles-106-to-109-of-the-Labor-Code-as-Download
- [[Labor Advisory No. 06-23] Directing All DOLE Field and Provincial Director or Heads to facilitate the evaluation, processing, and concurrence of Construction Safety and Health Program of the projects of DPWH](https://www.alburolaw.com/labor-advisory-no-06-23-directing-all-dole-field-and-provincial-director-or-heads-to-facilitate-the-evaluation-processing-and-concurrence-of-construction-safety-and-health-program-of-the-projects/): [031623] LA-06-23-Directing-All-DOLE-Field-and-Provincial-Director-or-Heads-to-facilitate-the-evaluation-procesing-and-concurrence-of-Construction-Safety-and-HealthDownload
- [[Labor Advisory No. 07-23] Payment of Wages for the Regular Holidays on April 06, 07, and 10, Special (Non-Working) Day on April 08, 2023 and Ordinary Working Day on April 09, 2023](https://www.alburolaw.com/labor-advisory-no-07-23-payment-of-wages-for-the-regular-holidays-on-april-06-07-and-10-special-non-working-day-on-april-08-2023-and-ordinary-working-day-on-april-09-2023/): [042923] LA-07-23-Payment-of-Wages-for-the-Regular-Holidays-on-April-06-07-and-10-Special-Non-Working-Day-on-April-08-2023-and-Ordinary-Working-Day-on-April-09-2023Download
- [[Labor Advisory No. 08-23] Safety and Health Measures to Prevent and Control Heat Stress at the Workplace](https://www.alburolaw.com/labor-advisory-no-08-23-safety-and-health-measures-to-prevent-and-control-heat-stress-at-the-workplace/): [040523] LA-08-23-Safety-and-Health-Measures-to-Prevent-and-Control-Heat-Stress-at-the-WorkplaceDownload
- [[Labor Advisory No. 09-23] Guidelines on the Administration of Measles-Rubella and Oral Polio Vaccine Supplemental Immunization Activity (MR-OPV SIA)](https://www.alburolaw.com/labor-advisory-no-09-23-guidelines-on-the-administration-of-measles-rubella-and-oral-polio-vaccine-supplemental-immunization-activity-mr-opv-sia/): [041223] LA-09-23-Guidelines-on-the-Administration-of-Measles-Rubella-and-Oral-Polio-Vaccine-Supplemental-Immunization-Activity-MR-OPV-SIADownload
- [[Labor Advisory No. 10-23] Payment of Wages for the Regular Holiday on April 21, 2023, Feast of Ramadan](https://www.alburolaw.com/labor-advisory-no-10-23-payment-of-wages-for-the-regular-holiday-on-april-21-2023-feast-of-ramadan/): [041723] LA-10-23-Payment-of-Wages-for-the-Regular-Holiday-on-April-21-2023Download
- [[Labor Advisory No. 11-23] Nationwide Implementation of Online Application Forms and Mayor’s Permit as Additional Requirement for the Renewal of Private Employment Agency (PEA) License](https://www.alburolaw.com/labor-advisory-no-11-23-nationwide-implementation-of-online-application-forms-and-mayors-permit-as-additional-requirement-for-the-renewal-of-private-employment-agency-pea-license/): [042623] LA-11-23-Nationwide-Implementation-of-Online-Application-Forms-and-Mayors-Permit-as-Additional-Requirement-for-the-Renewal-of-Private-Employment-Agency-PEADownload
- [[Labor Advisory No. 12-23] Payment of Wages for the Regular Holiday May 01, 2023 (Labor Day)](https://www.alburolaw.com/labor-advisory-no-12-23-payment-of-wages-for-the-regular-holiday-may-01-2023-labor-day/): [042723] LA-12-23-Payment-of-Wages-for-the-Regular-Holiday-May-01-2023-Labor-DayDownload
- [[Labor Advisory No. 13-23] Payment of Wages for the Regular Holiday on 12 June 2023 (Independence Day)](https://www.alburolaw.com/labor-advisory-no-13-23-payment-of-wages-for-the-regular-holiday-on-12-june-2023-independence-day/): [060223] LA-13-23-Payment-of-Wages-for-the-Regular-Holiday-on-12-June-2023-Independence-DayDownload
- [[Labor Advisory No. 14-23] Payment of Wages for the Regular Holiday on June 28, 2023 in Observance of Eid’l Adha (Feast of Sacrifice)](https://www.alburolaw.com/labor-advisory-no-14-23-payment-of-wages-for-the-regular-holiday-on-june-28-2023-in-observance-of-eidl-adha-feast-of-sacrifice/): [061623] LA-14-23-Payment-of-Wages-for-the-Regular-Holiday-on-June-28-2023-in-Observance-of-Eidl-Adha-Feast-of-Sacrifice-1Download
- [[Labor Advisory No. 15-23] Persons with Disabilities in the Workplace](https://www.alburolaw.com/labor-advisory-no-15-23-persons-with-disabilities-in-the-workplace/): [071123] LA-15-23-Persons-with-Disabilities-in-the-WorkplaceDownload
- [[Labor Advisory No. 16-23] Public Advisory Against Illegal Recruitment Activities](https://www.alburolaw.com/labor-advisory-no-16-23-public-advisory-against-illegal-recruitment-activities/): [071423] LA-16-23-Public-Advisory-against-Illegal-Recruitment-ActivitiesDownload
- [[Labor Advisory No. 17-23] Payment of Wages for the Special (Non-Working) Day on August 21, 2023 and Regular Holiday on August 28, 2023](https://www.alburolaw.com/labor-advisory-no-17-23-payment-of-wages-for-the-special-non-working-day-on-august-21-2023-and-regular-holiday-on-august-28-2023/): [081023] LA-17-23-Payment-of-Wages-for-the-Special-Non-Working-Day-on-August-21-2023-and-Regular-Holiday-on-August-28-2023Download
- [[Labor Advisory No. 18-23] Engagement or Participation of Children in Public Entertainment or Information](https://www.alburolaw.com/labor-advisory-no-18-23-engagement-or-participation-of-children-in-public-entertainment-or-information/): [081523] LA-18-23-Engagement-or-Participation-of-Children-in-Public-Entertainment-or-InformationDownload
- [[Labor Advisory No. 19-23] Supplemental Guidelines on the Implementation of the Mental Health Policy and Program in the Workplace](https://www.alburolaw.com/labor-advisory-no-19-23-supplemental-guidelines-on-the-implementation-of-the-mental-health-policy-and-program-in-the-workplace/): [091523] LA-19-23-Supplemental-Guidelines-on-the-Implementation-of-the-Mental-Health-Policy-and-Program-in-the-WorkplaceDownload
- [[Labor Advisory No. 20-23] Guidelines on the Implementation of the Workplace Policy and Program on Cancer Prevention and Control in the Private Sector](https://www.alburolaw.com/labor-advisory-no-20-23-guidelines-on-the-implementation-of-the-workplace-policy-and-program-on-cancer-prevention-and-control-in-the-private-sector/): [091523] LA-20-23-Guidelines-on-the-Implementation-of-the-Workplace-Policy-and-Program-on-Cancer-Prevention-and-Control-in-the-Private-SectorDownload
- [[Labor Advisory No. 21-23] Supplemental Guidelines on the Implementation of Safety and Health Measures for the Prevention and Control of Tuberculosis in the Workplace](https://www.alburolaw.com/labor-advisory-no-21-23-supplemental-guidelines-on-the-implementation-of-safety-and-health-measures-for-the-prevention-and-control-of-tuberculosis-in-the-workplace/): [091523] LA-21-23-Supplemental-Guidelines-on-the-Implementation-of-Safety-and-Health-Measures-for-the-Prevention-and-Control-of-Tuberculosis-in-the-Download
- [[Labor Advisory No. 22-23] Supplemental Guidelines on the Implementation of the Prevention and Control of HIV AIDS in the Workplace](https://www.alburolaw.com/labor-advisory-no-22-23-supplemental-guidelines-on-the-implementation-of-the-prevention-and-control-of-hiv-aids-in-the-workplace/): [091523] LA-22-23-Suplplemental-Guidelines-on-the-Implementation-of-the-Prevention-and-Control-of-HIV-AIDS-in-the-WorkplaceDownload
- [[Labor Advisory No. 23-23] Guidelines on Minimum Public Health Standards in Workplaces Relative to the Lifting of the State of Public Health Emergency due to COVID-19](https://www.alburolaw.com/labor-advisory-no-23-23-guidelines-on-minimum-public-health-standards-in-workplaces-relative-to-the-lifting-of-the-state-of-public-health-emergency-due-to-covid-19/): [092023] LA-23-23-Guidelines-on-Minimum-Public-Health-Standards-in-Workplaces-Relative-to-the-Lifting-of-the-State-of-Public-Health-Emergency-due-toDownload
- [[Labor Advisory No. 24-23] Payment of Wages for the Special (Non-Working) Days on October 30, 2023, November 1 and 2 , 2023 and Regular Holiday on November 27, 2023](https://www.alburolaw.com/labor-advisory-no-24-23-payment-of-wages-for-the-special-non-working-days-on-october-30-2023-november-1-and-2-2023-and-regular-holiday-on-november-27-2023/): [101223] LA-24-23-Payment-of-Wages-for-the-Special-Non-Working-Days-on-October-30-2023-November-1-and-2-2023-and-Regular-Holiday-on-November-27-2023Download
- [[Labor Advisory No. 25-23] Guidelines on the Payment of Thirteenth-Month Pay](https://www.alburolaw.com/labor-advisory-no-25-23-guidelines-on-the-payment-of-thirteenth-month-pay/): [110823] LA-25-23-Guidelines-on-the-Payment-of-Thirteenth-Month-PayDownload
- [[Labor Advisory No. 26-23] Payment of Wages for the Special (Non-Working) Days on 08 and 31 December 2023 and 25 and 30 December 2023](https://www.alburolaw.com/labor-advisory-no-26-23-payment-of-wages-for-the-special-non-working-days-on-08-and-31-december-2023-and-25-and-30-december-2023/): [120723] LA-26-23-Payment-of-Wages-for-the-Special-Non-Working-Days-on-08-and-31-December-2023-and-25-and-30-December-2023Download
- [[Labor Advisory No. 27-23] Payment of Wages for the Regular Holidays and Special (Non-Working) Days for the Year 2024](https://www.alburolaw.com/labor-advisory-no-27-23-payment-of-wages-for-the-regular-holidays-and-special-non-working-days-for-the-year-2024/): [121223] LA-27-23-Payment-of-Wages-for-the-Regular-Holidays-and-Special-Non-Working-Days-for-the-Year-2024Download
- [[Labor Advisory No. 28-23] Payment of Wages for the Special (Non-Working) Day on 26 December 2023](https://www.alburolaw.com/labor-advisory-no-28-23-payment-of-wages-for-the-special-non-working-day-on-26-december-2023/): [121423] LA-28-23-Payment-of-Wages-for-the-Special-Non-Working-Day-on-26-December-2023Download
- [[Labor Advisory No. 01-24] Payment of Wages for the Additional Special (Non-Working) Days on 09 and 10 February 2024](https://www.alburolaw.com/labor-advisory-no-01-24-payment-of-wages-for-the-additional-special-non-working-days-on-09-and-10-february-2024/): [012624] LA-01-24-Payment-of-Wages-for-the-Additional-Special-Non-Working-Days-on-09-10-February-2024Download
- [[Labor Advisory No. 02-24] Payment of Wages for the Regular Holidays on March 28 and 29, 2024, and Special (Non-Working) Day on March 30,2024](https://www.alburolaw.com/labor-advisory-no-02-24-payment-of-wages-for-the-regular-holidays-on-march-28-and-29-2024-and-special-non-working-day-on-march-302024/): [032124] LA-02-24-Payment-of-Wages-for-the-Regular-Holidays-on-28-and-29-March-2024-and-Special-non-working-Day-on-30-March-2024Download
- [Processing of Sensitive Personal Information and Privileged Information](https://www.alburolaw.com/processing-of-sensitive-personal-information-and-privileged-information/): This time let us talk about a more specific personal information such as privileged information and sensitive personal information.
- [[Labor Advisory No. 03-24] 2023 Annual Establishment Report on Wages](https://www.alburolaw.com/labor-advisory-no-03-24-2023-annual-establishment-report-on-wages/): [032524] LA-03-24-2023-Annual-Establishment-Report-on-WagesDownload
- [[Labor Advisory No. 04-24] Guidelines on the Administration of Measles-Rubella and Bivalent-Oral Polio Vaccine Immunization Activity](https://www.alburolaw.com/labor-advisory-no-04-24-guidelines-on-the-administration-of-measles-rubella-and-bivalent-oral-polio-vaccine-immunization-activity/): [032724] LA-04-24-Guidelines-on-the-Administration-of-Measles-Rubella-and-Bivalent-Oral-Polio-Vaccine-Immunization-ActivityDownload
- [[Labor Advisory No. 05-24] Payment of Wages for the Regular Holidays on April 09, 2024 (Araw ng Kagitingan) and April 10, 2024 (Eid'l Fitr)](https://www.alburolaw.com/labor-advisory-no-05-24-payment-of-wages-for-the-regular-holidays-on-april-09-2024-araw-ng-kagitingan-and-april-10-2024-eidl-fitr/): [040524] LA-05-24-Payment-of-Wages-for-the-Regular-Holidays-on-09-April-and-10-April-2024Download
- [[Labor Advisory No. 06-24] Payment of Wages for the Regular Holiday on May 01, 2024 (Labor Day)](https://www.alburolaw.com/labor-advisory-no-06-24-payment-of-wages-for-the-regular-holiday-on-may-01-2024-labor-day/): [042524] LA-06-24-Payment-of-Wages-for-the-Regular-Holiday-on-01-May-2024-Labor-DayDownload
- [[Labor Advisory No. 07-24] Payment of Wages for the Regular Holiday on June 12, 2024 (lndependence Day)](https://www.alburolaw.com/labor-advisory-no-07-24-payment-of-wages-for-the-regular-holiday-on-june-12-2024-lndependence-day/): [052924] LA-07-24-Payment-of-Wages-for-the-Regular-Holiday-on-June-12-2024-Independence-DayDownload
- [[Labor Advisory No. 08-24] Payment of Wages for the Regular Holiday on June 17, 2024 (Eid’l Adha)](https://www.alburolaw.com/labor-advisory-no-08-24-payment-of-wages-for-the-regular-holiday-on-june-17-2024-eidl-adha/): [060724] LA-08-24-Payment-of-Wages-for-the-Regular-Holiday-on-17-June-2024-Eidl-AdhaDownload
- [[Labor Advisory No. 09A-24] Payment of Wages for the Special (Non-Working) Day on August 23, 2024 (Ninoy Aquino Day)](https://www.alburolaw.com/labor-advisory-no-09a-24-payment-of-wages-for-the-special-non-working-day-on-august-23-2024-ninoy-aquino-day/): [081624] LA-09A-24-Payment-of-Wages-for-the-Special-Non-Working-Day-on-August-23-2024-Ninoy-Aquino-DayDownload
- [The Supreme Court Decides: Voluntary Arbitrators Have Jurisdiction Only by Mutual Agreement](https://www.alburolaw.com/the-supreme-court-decides-voluntary-arbitrators-have-jurisdiction-only-by-mutual-agreement/): Inclaims or disputes between an overseas Filipino worker and their employer, the submission of the claim or dispute by one party to the voluntary arbitrator does not automatically vest the voluntary arbitrator with jurisdiction, if the other party interposes a consistent objection to such jurisdiction. In these instances, the general rule on the jurisdiction of the labor arbiter under Republic Act No. 8042, as amended, shall prevail.
- [[Labor Advisory No. 11-24] Suspension of lnspection Activities](https://www.alburolaw.com/labor-advisory-no-11-24-suspension-of-lnspection-activities/): [111124] LA-11-24-Suspension-of-Inspection-Activities-Effective-30-November-2024Download
- [[Labor Advisory No. 12-24] On the Application of Republic Act No. 12021, Otherwise Known as Magna Carta of Filipino Seafarers, on Cases Filed with the National Labor Relations Commission (NLRC) and with Voluntary Arbitrators Under the Administration of the National Conciliation and Mediation Board (NCMB)](https://www.alburolaw.com/labor-advisory-no-12-24-on-the-application-of-republic-act-no-12021-otherwise-known-as-magna-carta-of-filipino-seafarers-on-cases-filed-with-the-national-labor-relations-commission-nlrc-and-wi/): [111524] LA-12-24-Application-of-Republic-Act-No.-12021-or-the-Magna-Carta-of-Filipino-Seafarers-on-Cases-Filed-with-the-NLRC-and-with-Voluntary-ArbDownload
- [[Labor Advisory No. 13-24] Guidelines on the Payment of Thirteenth-Month Pay](https://www.alburolaw.com/labor-advisory-no-13-24-guidelines-on-the-payment-of-thirteenth-month-pay/): [112124] LA-13-24-Guidelines-on-the-Payment-of-Thirteenth-Month-PayDownload
- [[Labor Advisory No. 14-24] Payment of Wages for the Special (Non-Working) Days on December 08, December 24, and December 31, 2024, and Regular Holidays on December 25, 2024 and December 3O, 2024](https://www.alburolaw.com/labor-advisory-no-14-24-payment-of-wages-for-the-special-non-working-days-on-december-08-december-24-and-december-31-2024-and-regular-holidays-on-december-25-2024-and-december-3o-2024/): [120224] LA-14-24-Payment-of-Wages-for-the-Special-Non-Working-Days-on-December-08-December-24-and-December-31-2024-and-Regular-Holidays-on-DecemberDownload
- [[Labor Advisory No. 15-24] Occupational Safety and Health in the Pyrotechnics Industry](https://www.alburolaw.com/labor-advisory-no-15-24-occupational-safety-and-health-in-the-pyrotechnics-industry/): [122024] LA-15-24-Occupational-Safety-and-Health-in-the-Pyrotechnics-IndustryDownload
- [[Labor Advisory No. 01-25] Payment of Wages for the Special (Non-Working) Day on 29 January 2025](https://www.alburolaw.com/labor-advisory-no-01-25-payment-of-wages-for-the-special-non-working-day-on-29-january-2025/): [012125] LA-01-25-Payment-of-Wages-for-the-Special-Non-Working-Day-on-29-January-2025Download
- [[Labor Advisory No. 02-25] Payment of Wages for the Special (Working) Day on 25 February 2025 (EDSA People Power Revolution Anniversary)](https://www.alburolaw.com/labor-advisory-no-02-25-payment-of-wages-for-the-special-working-day-on-25-february-2025-edsa-people-power-revolution-anniversary/): [020725] LA-02-25-Payment-of-Wages-for-the-Special-Working-Day-on-25-February-2025-EDSA-People-Power-Revolution-AnniversaryDownload
- [[Labor Advisory No. 03-25] 2024 Annual Establishment Report on Wages (AERW)](https://www.alburolaw.com/labor-advisory-no-03-25-2024-annual-establishment-report-on-wages-aerw/): [031725] LA-03-25-2024-Annual-Establishment-Report-on-Wages-AERWDownload
- [[Labor Advisory No. 04-25] Payment of Wages for the Regular Holidays on 01 April 2025 (Eid'l Fitr), 09 April 2025 (Araw ng Kagitingan), 17 April 2025 (Maundy Thursday), and 18 April 2025 (Good Friday), and Special (Non-Working) Day on 19 April 2025 (Black Saturday)](https://www.alburolaw.com/labor-advisory-no-04-25-payment-of-wages-for-the-regular-holidays-on-01-april-2025-eidl-fitr-09-april-2025-araw-ng-kagitingan-17-april-2025-maundy-thursday-and-18-april-2025-good-friday/): [032425] LA-04-25-Payment-of-Wages-for-the-Regular-Holidays-on-01-091718-and-19-April-2025Download
- [[Labor Advisory No. 05-25] Payment of Wages for the Regular Holiday on 01 May 2025 (Labor Day)](https://www.alburolaw.com/labor-advisory-no-05-25-payment-of-wages-for-the-regular-holiday-on-01-may-2025-labor-day/): [042325] LA-05-25-Payment-of-Wages-for-the-Regular-Holiday-on-01-May-2025-Labor-DayDownload
- [[Labor Advisory No. 06-25] Implementation of a Workplace-based Cervical Cancer Prevention and Early Detection Initiatives](https://www.alburolaw.com/labor-advisory-no-06-25-implementation-of-a-workplace-based-cervical-cancer-prevention-and-early-detection-initiatives/): [042925] LA-06-25-Implementation-of-a-Workplace-Based-Cervical-Cancer-Prevention-and-Early-Detection-InitiativesDownload
- [[Labor Advisory No. 07-25] Payment of Wages for the Special (Non-Working) Day on 12 May 2025 (National and Local Elections)](https://www.alburolaw.com/labor-advisory-no-07-25-payment-of-wages-for-the-special-non-working-day-on-12-may-2025-national-and-local-elections/): [050725] LA-07-25-Payment-of-Wages-for-the-Special-Non-Working-Day-on-12-May-2025-National-and-Local-ElectionsDownload
- [[Labor Advisory No. 08-25] Payment of Wages for the Regular Holidays on 06 June 2025 (Eidul Adha) and 12 June 2025 (lndependence Day)](https://www.alburolaw.com/labor-advisory-no-08-25-payment-of-wages-for-the-regular-holidays-on-06-june-2025-eidul-adha-and-12-june-2025-lndependence-day/): [052625] LA-08-25-Payment-of-Wages-for-the-Regular-Holidays-on-06-June-2025-Eidul-Adha-and-12-June-2025-Independence-DayDownload
- [[Department Order No. 238-23] Rules on the Administration and Enforcement of Labor Standards Pursuant to Article 128 of the Labor Code of the Philippines, as Renumbered, and Republic Act No. 11058](https://www.alburolaw.com/department-order-no-238-23-rules-on-the-administration-and-enforcement-of-labor-standards-pursuant-to-article-128-of-the-labor-code-of-the-philippines-as-renumbered-and-republic-act-no-11058/): [041223] DO-238-23-Rules-on-the-Administration-and-Enforcement-of-Labor-Standards-Pursuant-to-Article-128-of-the-Labor-Code-of-the-Philippines-As-Renumbered-And-ReDownload
- [[Department Order No. 239-23] Guidelines in the Implementation of the Department of Labor and Employment Integrated Livelihood and Emergency Employment Program (DILEEP)](https://www.alburolaw.com/department-order-no-239-23-guidelines-in-the-implementation-of-the-department-of-labor-and-employment-integrated-livelihood-and-emergency-employment-program-dileep/): [061923] DO-239-23-Guideline-in-the-Implementation-of-the-Department-of-Labor-and-Employment-Integrated-Livelihood-and-Emergency-Employment-Program-DILEEPDownload
- [[Department Order No. 240-23] Revised Rules and Regulations in the Implementation of the Social Amelioration Program (SAP) under Republic Act No. 809](https://www.alburolaw.com/department-order-no-240-23-revised-rules-and-regulations-in-the-implementation-of-the-social-amelioration-program-sap-under-republic-act-no-809/): [081823] DO-240-23-Revised-Rules-and-Regulations-in-the-Implementation-of-the-Social-Amelioration-Program-SAP-under-Republic-Act-No.-809Download
- [[Department Order No. 241-24] Implementing Guidelines of the Department of Labor and Employment Adjustment Measures Program for Workers and Enterprises](https://www.alburolaw.com/department-order-no-241-24-implementing-guidelines-of-the-department-of-labor-and-employment-adjustment-measures-program-for-workers-and-enterprises/): [020224] DO-241-24-Implementing-Guidelines-of-the-DOLE-AMP-for-Workers-and-EnterprisesDownload
- [[Department Order No. 242-24] Revised Implementing Rules and Regulations of Article 96 of the Labor Code of the Philippines, as Amended by Republic Act No. 11360, Entitled "An Act Providing that Service Charges Collected by Hotels, Restaurants and Other Similar Establishments be Distributed in Full to all Covered Employees"](https://www.alburolaw.com/department-order-no-242-24-revised-implementing-rules-and-regulations-of-article-96-of-the-labor-code-of-the-philippines-as-amended-by-republic-act-no-11360-entitled-an-act-providing-that-serv/): [020224] DO-242-24-Revised-IRR-of-Article-96-of-the-Labor-Code-of-the-Philippines-Service-Charges-Collected-by-Hotels-Restaurants-and-other-SimilDownload
- [[Department Order No. 243-24] Setting the Amounts of the Maternity and Death Benefit Assistance Programs for Molasses-Based Bioethanol Workers, Pursuant to DOLE Department Order No. 222-21](https://www.alburolaw.com/department-order-no-243-24-setting-the-amounts-of-the-maternity-and-death-benefit-assistance-programs-for-molasses-based-bioethanol-workers-pursuant-to-dole-department-order-no-222-21/): [022224] DO-243-24-Setting-the-Amounts-of-the-Maternity-and-Death-Benefit-Assistance-Programs-for-Molasses-Based-Bioethanol-Workers-Download
- [[Department Order No. 244-24] Inclusion of Local Disaster Risk Reduction and Management Councils in Organizations Recognized by the DOLE as First-Aid Training Providers](https://www.alburolaw.com/department-order-no-244-24-inclusion-of-local-disaster-risk-reduction-and-management-councils-in-organizations-recognized-by-the-dole-as-first-aid-training-providers/): [040424] DO-244-24-Inclusion-of-Local-Disaster-Risk-Reduction-and-Management-Councils-in-Organizations-Recognized-by-the-DOLE-as-First-Aid-TrainiDownload
- [[Department Order No. 245-24] Implementing Guidelines of the Career Development Support Program](https://www.alburolaw.com/department-order-no-245-24-implementing-guidelines-of-the-career-development-support-program/): [060324] DO-245-24-Implementing-Guidelines-of-the-Career-Development-Support-ProgramDownload
- [[Department Order No. 241-A-24] Amending the Implementing Guidelines of the Department of Labor and Employment Adjustment Measures Program for Workers and Enterprises](https://www.alburolaw.com/department-order-no-241-a-24-amending-the-implementing-guidelines-of-the-department-of-labor-and-employment-adjustment-measures-program-for-workers-and-enterprises/): [062624] DO-241-A-24-Amending-the-Implementation-of-Guidelines-of-the-DOLE-Adjustment-Measures-Program-for-Workers-and-Enterprises-1 (1)Download
- [[Department Order No. 246-24] Implementing Rules and Regulations of Republic Act No. 11996 or "An Act Protecting the Welfare of Workers in the Movie and Television Industry"](https://www.alburolaw.com/department-order-no-246-24-implementing-rules-and-regulations-of-republic-act-no-11996-or-an-act-protecting-the-welfare-of-workers-in-the-movie-and-television-industry/): [100124] DO-246-24-Implementing-Rules-and-Regulations-of-Republic-Act-No.-11996-or-An-Act-Protecting-the-Welfare-of-Workers-in-the-Movie-and-Television-IndustryDownload
- [[Department Order No. 248-25] New Rules and Regulations on the Employment of Foreign Nationals in the Philippines](https://www.alburolaw.com/department-order-no-248-25-new-rules-and-regulations-on-the-employment-of-foreign-nationals-in-the-philippines/): [012125] DO-248-25-New-Rules-and-Regulations-on-the-Employment-of-Foreign-Nationals-in-the-PhilippinesDownload
- [[Department Order No. 247-25] Implementing Rules and Regulations on the Execution of Decisions of the National Labor Relations Commission and Voluntary Arbitrators Pursuant to Presidential Decree No.442, Otherwise Known as the Labor Code, as Amended, in Relation to Section 59 of Republic Act No. 12021, Otherwise Known as "Magna Carta of Filipino Seafarers"](https://www.alburolaw.com/department-order-no-247-25-implementing-rules-and-regulations-on-the-execution-of-decisions-of-the-national-labor-relations-commission-and-voluntary-arbitrators-pursuant-to-presidential-decree-no-4/): [011525] DO-247-25-Implementing-Rules-and-Regulations-on-the-Execution-of-Decisions-of-the-National-Labor-Relations-Commission-NLRC-and-Voluntary-ArbDownload
- [[Department Order No. 249-25] Revised Implementing Rules and Regulations of Article 234 [228] of the Labor Code of the Philippines, as Amended by Republic Act No. 10396, Otherwise Known as an Act Strengthening Conciliation-Mediation as a Voluntary Mode of Dispute Settlement for All Labor Disputes](https://www.alburolaw.com/department-order-no-249-25-revised-implementing-rules-and-regulations-of-article-234-228-of-the-labor-code-of-the-philippines-as-amended-by-republic-act-no-10396-otherwise-known-as-an-act-stre/): [020725] DO-249-25-Revised-Implementing-Rules-and-Regulations-Strengthening-Conciliation-Mediation-as-a-Voluntary-Mode-of-Dispute-Settlement-for-All-Labor-DisputesDownload
- [[Department Order No. 250-25] Guidelines for the Implementation of Financial Assistance Program for Distressed Migratory Sugarcane Workers (MSWS)](https://www.alburolaw.com/department-order-no-250-25-guidelines-for-the-implementation-of-financial-assistance-program-for-distressed-migratory-sugarcane-workers-msws/): [041425] DO-250-25-Guidelines-for-the-Implementation-of-Financial-Assistance-Program-for-Distressed-Migratory-Sugarcane-Workers-MSWSDownload
- [[Department Order No. 251-25] New Implementing Rules And Regulations of Article 133 [135] of the Labor Code, as Amended by Republic Act No. 6725, Otherwise Known as "An Act Strengthening the Prohibition on Discrimination Against Women with Respect to Terms and Conditions of Employment," and as Renumbered by Republic Act No. 10151"](https://www.alburolaw.com/department-order-no-251-25-new-implementing-rules-and-regulations-of-article-133-135-of-the-labor-code-as-amended-by-republic-act-no-6725-otherwise-known-as-an-act-strengthening-the-prohibit/): [042225] DO-251-25-New-Implementing-Rules-and-Guidelines-of-Article-133-135of-the-Labor-Code-as-Amended-by-RA-No.-6725Download
- [[Department Order No. 253-25] Guidelines for the Standard Design and Specifications for Temporary Accommodation and Welfare Facilities for Construction Workers](https://www.alburolaw.com/department-order-no-253-25-guidelines-for-the-standard-design-and-specifications-for-temporary-accommodation-and-welfare-facilities-for-construction-workers/): [042925] DO-253-25-Guidelines for the Standard Design and Specifications for Construction WorkersDownload
- [[Department Order No. 252-25] Revised Implementing Rules and Regulations of Republic Act No. 1058 Entitled "An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof"](https://www.alburolaw.com/department-order-no-252-25-revised-implementing-rules-and-regulations-of-republic-act-no-1058-entitled-an-act-strengthening-compliance-with-occupational-safety-and-health-standards-and-providing/): [042925] DO-252-25-Revised Implementing Rules and Regulations of Republic Act No. 11058 Entitled An Act Strengthening Compliance with Occupational Safety and Health StandDownload
- [[Department Order No. 254-25] Implementing Rules and Regulations of Republic Act No. 11965, Otherwise Known as the "Caregivers' Welfare Act"](https://www.alburolaw.com/department-order-no-254-25-implementing-rules-and-regulations-of-republic-act-no-11965-otherwise-known-as-the-caregivers-welfare-act/): [052125] DO-254-25-Implementing-Rules-and-Regulations-of-RA-No.-11965-or-the-Caregivers-Welfare-ActDownload
- [[Department Order No. 248-A-25] Supplemental Guidelines Clarifying and Amending Provisions of DOLE Department Order No. 248, Series of 2025](https://www.alburolaw.com/department-order-no-248-a-25-supplemental-guidelines-clarifying-and-amending-provisions-of-dole-department-order-no-248-series-of-2025/): [060925] DO-248A-25-Supplemental-Guidelines-Clarifying-and-Amending-Provisions-of-DOLE-DO-248-25Download
- [What is Unjust Vexation?](https://www.alburolaw.com/what-is-unjust-vexation/): Unjust vexation is classified as a light offense, it being punished under the second paragraph of Article 287 of the Revised Penal Code with arresto menor or a fine ranging from P5 to P200 or both.
- [Peaceful Concerted Activities](https://www.alburolaw.com/peaceful-concerted-activities/): Section 3, Article XIII of the 1987 Constitution provides that the State shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.
- [PAYMENT OF BALANCE OF SUBSCRIPTION](https://www.alburolaw.com/payment-of-balance-of-subscription/): PAYMENT OF BALANCE OF SUBSCRIPTION? Payment of unpaid subscription shall be made on the date specified in the subscription contract.
- [Restrictions Arising from Minority - Republic Act No. 11596](https://www.alburolaw.com/restrictions-arising-from-minority-republic-act-no-11596/): Under Section 1 of Republic Act No. 11596, the State recognizes the role of women in nation-building and shall therefore protect and promote their empowerment. This entails the abolition of the unequal structures and practices that perpetuate discrimination and inequality. The State further affirms that marriage shall be entered into only with the free and full consent of capacitated parties, and child betrothal and marriage shall have no legal effect. Pursuant to these policies, the State thus views child marriage as a practice constituting child abuse because it debases, degrades, and demeans the intrinsic worth and dignity of children.
- [CANCELLATION OF PATENT](https://www.alburolaw.com/cancellation-of-patent/): Cancellation of patent? The rights conferred by the patent or any specified claim or claims cancelled shall be terminated.
- [REMEDIES OF A PERSON WITH A RIGHT TO PATENT](https://www.alburolaw.com/remedies-of-a-person-with-a-right-to-patent/): A person with a right to patent may file a case in court to protect his rights. The right to a patent belongs to the inventor.
- [Supreme Court affirmed the authority of the National Labor Relations Commission to execute the terms of a Collective Bargaining Agreement in cases involving unfair labor practices](https://www.alburolaw.com/supreme-court-affirmed-the-authority-of-the-national-labor-relations-commission-to-execute-the-terms-of-a-collective-bargaining-agreement-in-cases-involving-unfair-labor-practices/): The power to enforce the terms of the Collective Bargaining Agreement, including the redress of perceived violations thereof, does not reside exclusively with the voluntary arbitrators. The Labor Code itself recognizes that the National Labor Relations Commission may exercise jurisdiction when it involves gross violations of CBAs as to amount to unfair labor practice.
- [GROUNDS FOR TERMINATING A USUFRUCT](https://www.alburolaw.com/ground-for-terminating-a-usufruct/): The property subject shall be delivered to the owner upon termination of the usufruct. Under what circumstances may a usufruct be extinguished?
- [Procedural Reform: Key Amendments to the 2025 NLRC Rules of Procedure (Part 4)](https://www.alburolaw.com/procedural-reform-key-amendments-to-the-2025-nlrc-rules-of-procedure-part-4/): The 2025 National Labor Relations Commission (NLRC) Rules of Procedure, particularly Rules XII to XIV, covers the extraordinary remedies and the administrative provisions governing Commission records and officials.
- [WHAT IS A CONTRACT OF LOAN?](https://www.alburolaw.com/what-is-a-contract-of-loan/): Loan is commonly known as the lending of money by one individual, entity or corporation to another party in exchange for repayment.
- [SHOULD A PATENT APPLICATION BE PUBLISHED?](https://www.alburolaw.com/should-a-patent-application-be-published/): Should a patent be published? The application shall be published. Any interested party may inspect the published patent application.
- [Procedural Reform: Key Amendments to the 2025 NLRC Rules of Procedure (Part 3)](https://www.alburolaw.com/procedural-reform-key-amendments-to-the-2025-nlrc-rules-of-procedure-part-3/): Rules IX to XI highlights developments relating to direct contempt, injunction proceedings, and execution of judgments.
- [OBLIGATIONS OF THE USUFRUCTUARY](https://www.alburolaw.com/obligations-of-the-usufructuary/): Making an inventory is one of the obligations of the usufructuary. He may also be obliged to give a security
- [Procedural Reform: Key Amendments to the 2025 NLRC Rules of Procedure (Part 2)](https://www.alburolaw.com/procedural-reform-key-amendments-to-the-2025-nlrc-rules-of-procedure-part-2/): The 2025 National Labor Relations Commission (NLRC) Rules introduce significant modifications to the procedural framework governing proceedings before the NLRC, particularly in Rules V to VII, streamlining processes from conciliation and mediation to appeals and execution of judgments.
- [ALLOWING ONE TO ENJOY ANOTHER’S PROPERTY](https://www.alburolaw.com/allowing-one-to-enjoy-anothers-property/): The law may allow a person to enjoy the property of another. Enjoying the property of another may be the will of the owner
- [The Supreme Court Decides: Employer’s Admission Entitles Employee to Overtime Pay Without Additional Proof](https://www.alburolaw.com/the-supreme-court-decides-employers-admission-entitles-employee-to-overtime-pay-without-additional-proof/): An employer's formal admission that its employees worked beyond eight hours should entitle the employee to overtime compensation — without need of further proof.
- [The Supreme Court Decides: Preventive Suspension Lawful While Ownership of Computer Programs is Disputed](https://www.alburolaw.com/the-supreme-court-decides-preventive-suspension-lawful-while-ownership-of-computer-programs-is-disputed/): Preventive suspension is not a penalty but a disciplinary measure to protect life or property of the employer or the co-workers pending investigation of any alleged infraction committed by the employee. Thus, it is justified only when the employee's continued employment poses a serious and imminent threat to the employer's or co-workers' life or property. When justified, the preventively suspended employee is not entitled to the payment of his salaries and benefits for the period of suspension.
- [Procedural Reform: Key Amendments to the 2025 NLRC Rules of Procedure (Part 1)](https://www.alburolaw.com/procedural-reform-key-amendments-to-the-2025-nlrc-rules-of-procedure-part-1/): The 2025 NLRC Rules introduce significant modifications to the procedural framework governing proceedings before the NLRC.
- [Assumption of Jurisdiction Power of the Secretary of the Department of Labor and Employment](https://www.alburolaw.com/assumption-of-jurisdiction-power-of-the-secretary-of-the-department-of-labor-and-employment/): In LMG Chemicals Corporation v. Secretary of DOLE, G.R. No. 127422, April 17, 2001, the Court declared that it is well settled in our jurisprudence that the authority of the Secretary of Labor to assume jurisdiction over a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to national interest includes and extends to all questions and controversies arising therefrom. The power is plenary and discretionary in nature to enable him to effectively and efficiently dispose of the primary dispute.
- [WHEN MAY A POSSESSOR LOSE HIS POSSESSION?](https://www.alburolaw.com/when-may-a-possessor-lose-his-possession/): A possessor may lose possession by an assignment of the thing or right made to another with or without consideration.
- [HOW DO YOU EXTINGUISH CONTRACT OF AGENCY?](https://www.alburolaw.com/how-do-you-extinguish-contract-of-agency/): Agency may be terminated by agreement of the parties. Agency may also be terminated by the subsequent acts of the parties.
- [WHO IS A POSSESSOR IN GOOD FAITH?](https://www.alburolaw.com/who-is-a-possessor-in-good-faith/): What is good faith? A possessor in good faith honestly believes that his right is valid and/or that he owns the property.
- [Special Civil Action of Interpleader](https://www.alburolaw.com/special-civil-action-of-interpleader/): Whenever conflicting claims upon the same subject matter are or may be made against a person who claims no interest whatever in the subject matter, or an interest which in whole or in part is not disputed by the claimants, he may bring an action against the conflicting claimants to compel them to interplead and litigate their several claims among themselves. (Section 1, Rule 62 of the Revised Rules of Civil Procedure)
- [HOW DO YOU ACQUIRE POSSESSION?](https://www.alburolaw.com/how-do-you-acquire-possession/): How can you acquire possession? Possession is acquired by material occupation of a thing or the exercise or a right.
- [BASIC NECESSITIES AND PRIME COMMODITIES](https://www.alburolaw.com/basic-necessities-and-prime-commodities/): Basic necessities are goods vital to the needs of consumers for their sustenance and existence. What are basic necessities?
- [Supplemental Guidelines on the Implementation of the Mental Health Policy and Program in the Workplace (Labor Advisory No. 19, Series of 2023)](https://www.alburolaw.com/supplemental-guidelines-on-the-implementation-of-the-mental-health-policy-and-program-in-the-workplace-labor-advisory-no-19-series-of-2023/): Mental Health refers to a state of well-being in which the individual realizes one’s own abilities and potentials, scopes adequately with the normal stresses of life, displays resilience in the face of extreme life events, works productively and fruitfully, and is able to make a positive contribution to the community. (Section 4 (j) of the Mental Health Act)
- [GUIDELINES ON THE PAYMENT OF FINAL PAY AND ISSUANCE OF CERTIFICATE OF EMPLOYMENT](https://www.alburolaw.com/guidelines-on-the-payment-of-final-pay-and-issuance-of-certificate-of-employment/): Employer shall issue a certificate of employment within three (3) days from the time of the request by the employee.
- [WHAT IS THE LIABILITY OF THE PRINCIPAL IF AN AGENT ACTED IN GOOD FAITH OR BAD FAITH?](https://www.alburolaw.com/what-is-the-liability-of-the-principal-if-an-agent-acted-in-good-faith-or-bad-faith/): The relations of an agent to his principal are fiduciary in character since they are based on trust and confidence.
- [Compromise under the Civil Code](https://www.alburolaw.com/compromise-under-the-civil-code/): A compromise is a contract where parties adjust their difficulties in the manner they have agreed upon, disregarding the possible gain in litigation and keeping in mind that such gain is balanced by the danger of losing. To be binding, the compromise must be shown to have been voluntarily, freely and intelligently executed by the parties, who had full knowledge of the judgment. Furthermore, it must not be contrary to law, morals, good customs and public policy.
- [DETERMINING QUORUM IN CORPORATE MEETINGS](https://www.alburolaw.com/determining-quorum-in-corporate-meetings/): A quorum may be provided in the bylaws of a corporation. In case of nonstock corporations, a quorum consists of a majority of the members
- [MAY PRINCIPAL APPOINT TWO OR MORE AGENT FOR A COMMON TRANSACTION?](https://www.alburolaw.com/may-principal-appoint-two-or-more-agent-for-a-common-transaction/): An agent who exceeds his powers does not act as such agent, and, therefore, the principal assumes no liability to third persons.
- [Salient Points of the JobStart Philippines Act](https://www.alburolaw.com/salient-points-of-the-jobstart-philippines-act/): The Department of Labor and Employment's (DOLE) launched the JobStart program through Republic Act No. 10869. The program is designed to enhance the employability of at-risk youth to improve their integration into productive employment through the provision of full cycle employment facilitation services including job search assistance, free technical and life skills training, placement in internships, and job referral from the Public Employment Service Office (PESO).
- [WHAT IS POSSESSION?](https://www.alburolaw.com/what-is-possession/): Possession is the holding of a thing or the enjoyment of a right. Possession is not necessarily the same with ownership.
- [MAY A CO-OWNER BE OBLIGED TO REMAIN IN THE CO-OWNERSHIP?](https://www.alburolaw.com/may-a-co-owner-be-obliged-to-remain-in-the-co-ownership/): The point is, no co-owner is obliged to remain in the co-ownership as one among the rights of a co-owner is to demand at any time partition of the thing owned in common.
- [Dual Training System Act of 1994 (R.A. No. 7686)](https://www.alburolaw.com/dual-training-system-act-of-1994-r-a-no-7686/): The Republic Act No. 7686, otherwise known as the Dual Training System Act of 1994, was enacted to strengthen manpower education and training in the country so that the latter may be assured of an ever growing supply of an educated and skilled manpower equipped with appropriate skills and desirable work habits and attitudes. (Section 2, Republic Act No. 7686)
- [WHAT ARE THE RIGHTS OF A CO-OWNER?](https://www.alburolaw.com/what-are-the-rights-of-a-co-owner/): A co-owner has the right to a proportionate share in the benefits as well as the charges to the co-ownership.
- [MAY AN AGENT APPOINT A SUBSTITUTE OR SUB-AGENT?](https://www.alburolaw.com/may-an-agent-appoint-a-substitute-or-sub-agent/): A sub-agent is a person employed or appointed by an agent as his agent, to assist him in the performance of an act for the principal.
- [When and How is a Judgment Executed under Rule 39?](https://www.alburolaw.com/when-and-how-is-a-judgment-executed-under-rule-39/): Once a judgment becomes final and executory, the prevailing party should not be denied the fruits of his victory by some subterfuge devised by the losing party. Unjustified delay in the enforcement of a judgment sets at naught the role of courts in disposing justiciable controversies with finality. (Marilyn B. Montehermoso v. Romeo Batuto, G.R. No. 246553, December 02, 2020)
- [You're Hired, Apprentice!](https://www.alburolaw.com/apprenticeship-apprentices/): Image Source Published — July 20, 2017 The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any. Also, the matters contained
- [Codes of Conduct for Online Businesses and Online Consumers provided under the IRR of the Internet Transactions Act of 2023](https://www.alburolaw.com/codes-of-conduct-for-online-businesses-and-online-consumers-provided-under-the-irr-of-the-internet-transactions-act-of-2023/): The Internet Transactions Act (ITA) is intended to regulate e-commerce, protect consumer rights and data privacy, and uphold intellectual property rights. The Implementing Rules and Regulations (IRR) clarifies the scope and coverage of ITA, the enforcement of powers of the different government agencies involved, and the applicable procedure for imposition of fines. The IRR also provides for the Code of Conduct for online businesses and online consumers.
- [The Supreme Court Decides:  Ownership of property is transferred by agreement and delivery, not by registration; a later buyer in bad faith cannot override the rights of the original buyer.](https://www.alburolaw.com/the-supreme-court-decides-ownership-of-property-is-transferred-by-agreement-and-delivery-not-by-registration-a-later-buyer-in-bad-faith-cannot-override-the-rights-of-the-original-buyer/): The sale of the subject property between Zenaida and the spouses Basas was valid and binding despite the failure to immediately register the sale in the Register of Deeds. Registration is not a recognized mode of acquiring ownership but binds the whole world, especially innocent purchasers for value.
- [BUSINESS CLOSURE IS NOT AN OPTION!](https://www.alburolaw.com/business-closure-is-not-an-option/): BUSINESS CLOSURE IS NOT AN OPTION! There are remedies available to insolvent debtors/creditors to save their business
- [Prohibition against the Abuse of Dominant Position under the Philippine Competition Act](https://www.alburolaw.com/prohibition-against-the-abuse-of-dominant-position-under-the-philippine-competition-act/): One of the key provisions of the Act addresses the abuse of a dominant position, which occurs when a company or entity leverages its market power in ways that substantially prevent, restrict or lessen competition. Section 15 of the Philippine Competition Act enumerates specific acts, outlining what constitutes prohibited behavior as abuse of a dominant position.
- [COMPULSORY RETIREMENT AGE FOR EMPLOYEES IN THE PRIVATE SECTOR](https://www.alburolaw.com/compulsory-retirement-age-for-employees-in-the-private-sector/): The compulsory retirement of employees in the private sector is governed by Article 302 of the Labor Code of the Philippines.
- [EXISTENCE OF CO-OWNERSHIP](https://www.alburolaw.com/existence-of-co-ownership/): There is co-ownership whenever the ownership of an undivided thing or right belongs to different persons. Each co-owner may use the thing owned in common
- [Enrolled Bill Doctrine](https://www.alburolaw.com/enrolled-bill-doctrine/): The rationale behind the enrolled bill doctrine rests on the consideration that the respect due to coequal and independent departments requires the Judiciary to act upon that assurance, and to accept, as having passed Congress, all bills authenticated in the manner stated; leaving the court to determine, when the question properly arises, whether the Act, so authenticated, is in conformity with the Constitution.
- [REDUCTION OF INHERITANCE](https://www.alburolaw.com/reduction-of-inheritance/): REDUCTION OF INHERITANCE. Donations given to children shall be charged to their legitime. A person cannot give by donation more than he can give by Will.
- [WHAT IS OWNERSHIP?](https://www.alburolaw.com/what-is-ownership/): Ownership may be exercised over things or rights. The owner of a thing cannot make use of the same in such manner as to injure the rights of another person
- [Seafarer’s Work-Related Injuries and Employer Liability](https://www.alburolaw.com/seafarers-work-related-injuries-and-employer-liability/): In Loue B. Mutia v. C.F. Sharp Crew MG., Inc., G.R. No. 242928, June 27, 2002, the Supreme Court held that the seafarers' entitlement to disability benefits is governed by the medical findings, law, and contract. The POEA-SEC and the Collective Bargaining Agreement (CBA) bind the seafarers and their employers by contract.
- [MAY AN INHERITANCE BE REPUDIATED?](https://www.alburolaw.com/may-an-inheritance-be-repudiated/): What if a legal or intestate heir has repudiated his inheritance without a knowledge that a Will has been executed designating him as a testamentary heir?
- [WHO BEARS THE RISK OF LOSS IN A CONTRACT OF SALE?](https://www.alburolaw.com/who-bears-the-risk-of-loss-in-a-contract-of-sale/): If the object is lost after perfection but before delivery, the buyer bears the loss. If the thing is lost after delivery, the buyer bears the risk of loss.
- [Prohibited Acts under Republic Act No. 11930 (Anti-Online Sexual Abuse or Exploitation of Children and Anti-Sexual Abuse or Exploitation Materials Act)](https://www.alburolaw.com/prohibited-acts-under-republic-act-no-11930-anti-online-sexual-abuse-or-exploitation-of-children-and-anti-sexual-abuse-or-exploitation-materials-act/): In Republic Act No. 11930 or the Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Sexual Abuse or Exploitation Materials (CSAEM) Act, it states that it is the policy of the State to provide special protections to children from all forms of sexual violence, abuse and exploitation especially those committed with the use of information and communications technology (ICT), provide sanctions for their commission and carry out programs for the prevention, deterrence and intervention in all situations of online sexual abuse and exploitation of children in the digital and non-digital production, distribution or possession of child sexual abuse or exploitation material.
- [Questions of law vs Questions of fact](https://www.alburolaw.com/questions-of-law-vs-questions-of-fact/): A question of law arises when there is doubt as to what the law is on a certain state of undisputed facts. A question of fact is one that requires Courts to review the truthfulness or falsity of the allegations of the parties.
- [MAY THE STATE INHERIT FROM ITS CITIZENS?](https://www.alburolaw.com/may-the-state-inherit-from-its-citizens/): State shall inherit the whole estate or properties of the deceased person. It is clear now that it is only in such instance where the State may inherit from a deceased person.
- [WHEN IS AN INTENDED CORPORATE NAME REGISTRABLE?](https://www.alburolaw.com/when-is-an-intended-corporate-name-registrable/): A corporate name is one which distinguish a corporation from another. A corporate name must be registered in the Securities and Exchange Commission.
- [Early Childhood Care and Development System Act](https://www.alburolaw.com/early-childhood-care-and-development-system-act/): The State recognizes the age from zero (0) to eight (8) years as the first crucial stage of educational development. Without limiting the primary right and duty of parents to rear their children, the Early Childhood Care and Development (ECCD) Council shall be responsible for children below five (5) years of age, while the responsibility to help develop children in the formative years between age five (5) to eight (8) years shall be with the Department of Education (DepEd) consistent with Republic Act No. 10533 or the "Enhanced Basic Education Act of 2013". (Section 2 of Republic Act No. 12199)
- [HEREDITARY RIGHTS OF COLLATERAL RELATIVES](https://www.alburolaw.com/hereditary-rights-of-collateral-relatives/): Who are your collateral relatives? Can they inherit from you? Brothers and sisters, nephews and nieces, are collateral relatives
- [HOW CAN THE ABSOLUTE COMMUNITY OF PROPERTY BE TERMINATED?](https://www.alburolaw.com/how-can-the-absolute-community-of-property-be-terminated/): The absolute community terminates when the marriage is annulled, declared void or in case there is a judicial separation of property during the marriage.
- [The Supreme Court Decides: A rehabilitation court may compel arbitration when the dispute is incidental to and sanctioned by the rehabilitation plan.](https://www.alburolaw.com/the-supreme-court-decides-a-rehabilitation-court-may-compel-arbitration-when-the-dispute-is-incidental-to-and-sanctioned-by-the-rehabilitation-plan/): Section 26 of Republic Act No. 10142 clearly provides that the rehabilitation court has the authority to refer any dispute relating to the rehabilitation plan to arbitration upon finding that such mode will resolve the dispute more quickly, fairly, and efficiently than the rehabilitation court.
- [Clearance Process of Employees as Management Prerogative](https://www.alburolaw.com/clearance-process-of-employees-as-management-prerogative/): In Emer Milan, et. al., v. National Labor Relations Commission, G.R. No. 202961, February 04, 2015, the Supreme Court held that requiring clearance before the release of last payments to the employee is a standard procedure among employers, whether public or private. Clearance procedures are instituted to ensure that the properties, real or personal, belonging to the employer but are in the possession of the separated employee, are returned to the employer before the employee's departure.
- [WHAT IS AGENCY TO SELL?](https://www.alburolaw.com/what-is-agency-to-sell/): In an agency to sell, the agent has simply to account for the proceeds of the sale he may make on the principal’s behalf.
- [Hereditary Rights of an Illegitimate Child](https://www.alburolaw.com/hereditary-rights-of-an-illegitimate-child/): Article 165 of the Family Code of the Philippines provides that children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in this Code. The portion that an illegitimate child may receive as inheritance from his or her parents depending on who are the remaining successors of the parent who died and on the kind of succession that will take place.
- [When may a Parent Inherit from His Child?](https://www.alburolaw.com/when-may-a-parent-inherit-from-his-child/): Article 887 of the Civil Code of the Philippines classifies legitimate parents and parents of illegitimate children as compulsory heirs
- [2025 Transitory Rules on Electronic Filing and Service in the Supreme Court (A.M. No. 25-09-16-SC) (Part II)](https://www.alburolaw.com/2025-transitory-rules-on-electronic-filing-and-service-in-the-supreme-court-a-m-no-25-09-16-sc-part-ii/): A.M. No. 25-09-16-SC lays down detailed requirements governing the form, format, and manner of electronic filing of pleadings, motions, and other papers before the courts.
- [The Supreme Court Decides: Unless the fact of dismissal is proven, whether actual or constructive, the validity or legality thereof cannot be put in issue.](https://www.alburolaw.com/the-supreme-court-decides-unless-the-fact-of-dismissal-is-proven-whether-actual-or-constructive-the-validity-or-legality-thereof-cannot-be-put-in-issue/): The power of control is the most significant factor to consider in order to determine the existence of an employer-employee relationship.
- [2025 Transitory Rules on Electronic Filing and Service in the Supreme Court (A.M. No. 25-09-16-SC) (Part 1)](https://www.alburolaw.com/2025-transitory-rules-on-electronic-filing-and-service-in-the-supreme-court-a-m-no-25-09-16-sc-part-1/): A.M. No. 25-09-16-SC or the 2025 Transitory Rules on Electronic Filing and Service in the Supreme Court took effect on October 30, 2025, in preparation for the eventual establishment of an electronic filing paperless system in the Judiciary.
- [Extra-Territorial Jurisdiction over Violations of the Anti-Online Sexual Abuse or Exploitation of Children and Anti-Sexual Abuse or Exploitation Materials Act](https://www.alburolaw.com/extra-territorial-jurisdiction-over-violations-of-the-anti-online-sexual-abuse-or-exploitation-of-children-and-anti-sexual-abuse-or-exploitation-materials-act/): Republic Act No. 11930 protects children from online sexual abuse and exploitation. This law recognizes the vulnerability of children and mandates special protections, including penalties and prevention programs. One of this special protection is the inclusion of extra-territorial jurisdiction under the law that allows the Philippines to prosecute certain offenses even when committed outside the country.
- [REJECTION AND REVOCATION OF REGISTRATION OF SECURITIES](https://www.alburolaw.com/rejection-and-revocation-of-registration-of-securities/): The rejection or revocation of registration statement is always after due notice and hearing. The registration of securities may be revoked by the SEC
- [Child Pornography: Insights from People of the Philippines v. YYY (G.R. No. 262941)](https://www.alburolaw.com/child-pornography-insights-from-people-of-the-philippines-v-yyy-g-r-no-262941/): The Supreme Court sends a strong message that child pornography, among other forms of sexual exploitation and abuse, presents an acute danger worldwide if facilitated through the internet. The sexually explicit images and videos of innocent children circulating online is a mode of re-victimization that traps them in a cycle of extreme, permanent, and continuing emotional and psychological torture that they will deeply suffer until their adult years. (People of the Philippines v. YYY, G.R. No. 262941. February 20, 2024)
- [The Supreme Court Decides: The NLRC rules do not even require an employee to file a motion for execution since the reinstatement aspect of the Labor Arbiter's decision is immediately executory.](https://www.alburolaw.com/the-supreme-court-decides-the-nlrc-rules-do-not-even-require-an-employee-to-file-a-motion-for-execution-since-the-reinstatement-aspect-of-the-labor-arbiters-decision-is-immediately-executory/): Article 223, paragraph 3, of the Labor Code mandates the employer to promptly reinstate the dismissed employee, either by actual reinstatement under the conditions prevailing before the dismissal, or through his or her inclusion in the payroll.
- [HOW IS NIGHT SHIFT DIFFERENTIAL PAY COMPUTED?](https://www.alburolaw.com/how-is-night-shift-differential-pay-computed/): Employees who work between 10:00 PM and 6:00 AM are entitled to night shift differential (NSD). However, not all employees are entitled to NSD.
- [WHO ARE CONSIDERED HEIRS UNDER THE LAW? (Part I)](https://www.alburolaw.com/who-are-considered-heirs-under-the-law-part-1/): It is important to note that with or without a will having executed by a decedent, his compulsory heirs are entitled to the receive some or all of his properties or transmissible rights and obligations, or both.
- [COMPLETE SEPARATION OF PROPERTY DURING MARRIAGE](https://www.alburolaw.com/complete-separation-of-property-during-marriage/): Aside from Conjugal Partnership of Gains, the future spouses may also adopt the regime of Complete Separation of Property in their antenuptial agreement.
- [Determining the existence of Anti-Competitive Agreement or Conduct under the Philippine Competition Act](https://www.alburolaw.com/determining-the-existence-of-anti-competitive-agreement-or-conduct-under-the-philippine-competition-act/): The Philippine Competition Act or Republic Act No. 10667 establishes the legal framework for promoting and protecting fair competition in the markets across the Philippines.
- [MAY AN EXECUTED WILL BE SUPPLEMENTED?](https://www.alburolaw.com/may-an-executed-will-be-supplemented/): A codicil is defined under Article 825 of the New Civil Code as a supplement or addition to a will, made after the execution of a will and annexed to be taken as a part thereof, by which any disposition made in the original will is explained, added to, or altered.
- [NOTARIAL WILL VS. HOLOGRAPHIC WILL (Part II)](https://www.alburolaw.com/notarial-will-vs-holographic-will-part-ii/): As a continuation of the said article, allow us to briefly discuss the second kind of will which is called “Holographic Will”.
- [NOTARIAL WILL vs. HOLOGRAPHIC WILL (Part I)](https://www.alburolaw.com/notarial-will-vs-holographic-will-part-i/): Under the New Civil Code (NCC) of the Philippines, there are two (2) kinds of Wills. The first one is referred to as Notarial Will.
- [The Supreme Court Decides: A petty quarrel involving shoving or slight pushing cannot be considered a just cause for the termination of employment.](https://www.alburolaw.com/the-supreme-court-decides-a-petty-quarrel-involving-shoving-or-slight-pushing-cannot-be-considered-a-just-cause-for-the-termination-of-employment/): Factual findings of the NLRC are accorded great respect, but the Court of Appeals is not precluded from reviewing evidence alleged to be arbitrarily considered or otherwise disregarded by the former.
- [Rules on Extradition Proceedings](https://www.alburolaw.com/rules-on-extradition-proceedings/): Extradition means the removal of an extraditee from the Philippines with the object of placing them at the disposal of foreign authorities to enable the Requesting State to hold the extraditee in connection with any criminal investigation directed against them or for the execution of a penalty imposed under the penal or criminal law of the Requesting State. (Section 3 [e] of the Rules on Extradition Proceedings)
- [WHAT IS A COOPERATIVE? ](https://www.alburolaw.com/what-is-a-cooperative/): A cooperative is an association of persons with common bond of interest. A cooperative is based on volunteerism
- [Bank Receipt of Payroll: Proof of Payment of Workers](https://www.alburolaw.com/bank-receipt-of-payroll-proof-of-payment-of-workers/): An employer with a bank crediting arrangement for its employees' salaries and benefits may prove payment of the same by submitting evidence that it transmitted a copy of the payroll or advisory to the bank, and that such was duly received by the latter. Once the employer submits valid proof of receipt by the crediting bank, the burden of evidence shifts to the employees who will have to refute the claim of payment by submitting evidence that their respective bank accounts were not credited with the amounts subject of their claim. (Philippine Airlines, Inc. v. Romeo Ahmee, et al.G.R. No. 221065, April 5, 2025)
- [Theft inside the Company Premises: Remedies of the Employer](https://www.alburolaw.com/theft-inside-the-company-premises-remedies-of-the-employer/): Theft is a crime punishable by our laws in the Philippines. Specifically, Article 308 Revised Penal Code substantially provides that any person who shall take or steal with intent to gain the personal property of another without his or her consent and with no further use of violence, intimidation of persons or force upon things, shall be liable for the crime theft.
- [SHOULD WE HIRE A SENIOR CITIZEN?](https://www.alburolaw.com/should-we-hire-a-senior-citizen/): Many businesses and state universities are also hiring senior citizens as part of their workforce. Thus, is it a good idea to hire senior citizens?
- [A Guide to Starting a Micro Business in the Philippines](https://www.alburolaw.com/a-guide-to-starting-a-micro-business-in-the-philippines/): Barangay Micro Business Enterprises (BMBEs) Act of 2002, gives small-scale entrepreneurs the opportunity to start their businesses even with little capital.
- [Lost, Stolen, or Destroyed Title under Section 109 of Presidential Decree No. 1529](https://www.alburolaw.com/lost-stolen-or-destroyed-title-under-section-109-of-presidential-decree-no-1529/): Section 109 of Presidential Decree No. 1529 has two distinct requirements: the first paragraph refers to the notice requirement, i.e., submission of an Affidavit of Loss to the Register of Deeds while the second paragraph pertains to the procedure for the replacement, i.e., filing a petition for the issuance of a new duplicate certificate. The second paragraph contemplates the conduct of a full-blown hearing wherein petitioner must prove the fact of loss or theft through preponderant evidence.
- [The Supreme Court Decides: The use of illegal drugs qualifies as a serious misconduct, which is one of the just causes for termination under Article 297 of the Labor Code.](https://www.alburolaw.com/the-supreme-court-decides-the-use-of-illegal-drugs-qualifies-as-a-serious-misconduct-which-is-one-of-the-just-causes-for-termination-under-article-297-of-the-labor-code/): As an employee, Villarico is entitled to the payment of the annual 13th month pay under Presidential Decree No. 851, as amended. However, since he filed his Complaint only on August 30, 2016, only those 13th month pay not paid by DMCI, et al. from 2014 to 2016 can be claimed.
- [Things to Know About Illegal Recruitment](https://www.alburolaw.com/things-to-know-about-illegal-recruitment/): Department of Justice and Bureau of Immigration launched a campaign against Illegal Recruitment through the guidelines set by DOJ for leaving the country.
- [The distinction between pre-trial in civil cases and in criminal cases](https://www.alburolaw.com/the-distinction-between-pre-trial-in-civil-cases-and-in-criminal-cases/): Pre-trial for Civil Cases differs from pre-trial in criminal cases. Although pre-trial is mandatory, in both types of cases, their distinctions lie in aspects such as the when conducted, the things considered by the Court, as well as the sanctions and effects of non-appearance.
- [CONSENT IN ADOPTION CASES](https://www.alburolaw.com/consent-in-adoption-cases/): Mandatory laws such as the provision on the required written consent in adoption cases must be complied with.
- [Residual Jurisdiction](https://www.alburolaw.com/residual-jurisdiction/): Rule 42 of the Revised Rules of Civil Procedure provides that before the Court of Appeals gives due course to the petition for review, the Regional Trial Court may issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal, approve compromises, permit appeals of indigent litigants, order execution pending appeal in accordance with Section 2 of Rule 39,a nd allow withdrawal of the appeal.
- [Catching the TRAIN through Tax Amnesty Act: An Overview of Republic Act No. 11213, otherwise known as the Tax Amnesty Act of 2018](https://www.alburolaw.com/catching-the-train-through-tax-amnesty-act-of-2018/): Tax Reform for Acceleration and Inclusion (TRAIN) Act was enacted in 2017. TRAIN Law aims to make the tax system simpler, fairer, and more efficient.
- [Age Requirements as found in the Provisions of the Civil Laws of the Philippines in Entering into Various Contracts February 27, 2019](https://www.alburolaw.com/age-requirements-as-found-in-the-provisions-of-the-civil-laws-of-the-philippines-in-entering-into-various-contracts/): In entering into an ordinary contract, a minor cannot enter into legal transactions as they cannot lawfully give consent to a contract.
- [Preventive Suspension as a Recourse of an Employer](https://www.alburolaw.com/preventive-suspension-as-a-recourse-of-an-employer/): Suspension is considered as an administrative penalty when an employee commits several infractions of the company policies or code of conduct.
- [PERSONS DISQUALIFIED TO BECOME LESSEES](https://www.alburolaw.com/persons-disqualified-to-become-lessees/): The persons disqualified to buy referred to in Articles 1490 and 1491, are also disqualified to become lessees of the things mentioned therei
- [The Supreme Court Decides: While the Constitution recognizes the autonomy of local government units to enact ordinances and adopt resolutions for the general welfare of their constituents, this does not extend to vetoing the national law.](https://www.alburolaw.com/the-supreme-court-decides-while-the-constitution-recognizes-the-autonomy-of-local-government-units-to-enact-ordinances-and-adopt-resolutions-for-the-general-welfare-of-their-constituents-this-does-n/): The Province of Occidental Mindoro exceeded its powers and authority when it completely banned all large-scale exploration and mining operations within its territorial jurisdiction, in contravention of Republic Act No. 7942 or the Philippine Mining Act of 1995.
- [Kinds of Contempt](https://www.alburolaw.com/kinds-of-contempt/): Contempt of court, as governed by the Rules of Civil Procedure, is classified into two kinds: direct contempt and indirect contempt. While both are intended to uphold the authority of the courts, direct and indirect contempt are treated differently under the Rules, particularly as to procedure and penalties.
- [Do Foreign Corporations doing business in the Philippines have the capacity to sue?](https://www.alburolaw.com/foreign-business-sue/): With the growing number of foreign entities choosing to deal and transact businesses in the Philippines, it is only cautious for said foreign corporations to be familiar on what they need to know to protect their interests.
- [What you should know about filing of collection case](https://www.alburolaw.com/filing-collection-case/): As a legal recourse, creditors may enforce their right to collect what is due from their creditor by filing a collection case in court.
- [The Supreme Court Decides: Failure to prove the integrity of the corpus delicti renders the drugs seized insufficient to prove guilt beyond reasonable doubt.](https://www.alburolaw.com/the-supreme-court-decides-failure-to-prove-the-integrity-of-the-corpus-delicti-renders-the-drugs-seized-insufficient-to-prove-guilt-beyond-reasonable-doubt/): In ascertaining the liability of accused-appellant for violation of Republic Act No. 9165, it is imperative to determine whether the identity of the dangerous drugs allegedly confiscated from him were established with moral certainty. The dangerous drugs form an integral part of the corpus delicti of the crime. Failure to prove the integrity of the corpus delicti renders the drugs seized insufficient to prove his guilt beyond reasonable doubt. Thus, warranting his acquittal.
- [Anti-POGO Act of 2025](https://www.alburolaw.com/anti-pogo-act-of-2025/): Under the Anti-POGO Act of 2025, the State recognizes that the maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are paramount for the meaningful enjoyment of democracy. The state likewise values the dignity of every human person and guarantees full respect for human rights.
- [Pros and cons in owning property through a corporation](https://www.alburolaw.com/owning-property-corporation/): When buying a property, the ownership structure could be crucial. Owning the property directly, or through a corporation, may have its own pros and cons.
- [Basics in Writing a Notice to Explain](https://www.alburolaw.com/basics-writing-notice-to-explain-memorandum/): A defect in the Notice to Explain memorandum could be the difference between proper separation and illegal dismissal, which may be costly for employers.
- [Graft and Corrupt Practices: Ghost Projects](https://www.alburolaw.com/graft-and-corrupt-practices-ghost-projects/): In the recent case of People of the Philippines v. Dante Manzano De Guzman (G.R. No. 274863 and 275057-59), July 2, 2025), the Supreme Court upheld the conviction of former Quezon City District III Councilor Dante Manzano De Guzman for graft involving more than Six Million Pesos (PhP6,000,000.00) worth of ghost projects.
- [The Conjugal Partnership of Gains](https://www.alburolaw.com/the-conjugal-partnership-of-gains/): The spouses however retain ownership and administration of their separate properties. They also retain possession and enjoyment of the same.
- [WHO ARE CAPACITATED TO MAKE A WILL?](https://www.alburolaw.com/who-are-capacitated-to-make-a-will/): You might want to consider making a will this time. The question is, “Are you capacitated to make a will?”
- [The Supreme Court Decides: A strict and rigid application of the rules which would result in technicalities that tend to frustrate rather than promote substantial justice must be avoided.](https://www.alburolaw.com/the-supreme-court-decides-a-strict-and-rigid-application-of-the-rules-which-would-result-in-technicalities-that-tend-to-frustrate-rather-than-promote-substantial-justice-must-be-avoided/): The Supreme Court clarified that the requirement of indicating the material dates in the petition is separate from the requirement that the petition be timely filed, as both must be complied with.
- [Low Vote Count in Past Polls ≠ Nuisance Candidate](https://www.alburolaw.com/low-vote-count-in-past-polls-≠-nuisance-candidate/): A candidate’s low vote count in past elections does not automatically make them a nuisance candidate in future elections.
- [Distribution of Assets in Nonstock Corporation Undergoing the Process of Dissolution](https://www.alburolaw.com/distribution-of-assets-in-nonstock-corporation-undergoing-the-process-of-dissolution/): In case of dissolution, a nonstock corporation may be dissolved either voluntarily or involuntarily and their assets shall be distributed.
- [Donations by Reason of Marriage](https://www.alburolaw.com/donations-by-reason-of-marriage-2/): Donations by reason of marriage also known as donations propter nuptias are those which are made before the wedding celebration, in consideration of the same, and in favor of one or both of the future spouses.
- [Legal Consequences of Legal Separation](https://www.alburolaw.com/legal-consequences-of-legal-separation/): The Family Code protects the rights of spouses and children by providing a structured mechanism for legal separation This allows couples to address marital breakdowns caused by abuse, abandonment, or other serious grounds. It allows spouses to live separately, regulates property and donations, ensures support and child custody, and safeguards inheritance and legal identity. While it does not dissolve the marriage, legal separation offers practical relief and legal remedies to the innocent spouse, emphasizing fairness, protection, and the welfare of children.
- [How to register your sole proprietorship with the DTI](https://www.alburolaw.com/registration-sole-proprietorship-dti/): Registration of a sole proprietor’s trade name with the DTI is relatively faster and less expensive as compared to registration of other forms of business with the Securities and Exchange Commission (SEC), such as corporations.
- [How to compute your pay if you work on a holiday](https://www.alburolaw.com/pay-computation-holidays-philippines/): Planning to work on a holiday? Here's what you need to know about holiday pay and premium pay.
- [Modes of Appeal](https://www.alburolaw.com/modes-of-appeal/): The right to appeal is neither a natural right nor it is a component of due process. It is a mere statutory privilege, and may be exercised only in a manner and in accordance with the provisions of law. (Brual v. Brual, et al., G.R. No. 205451, March 7, 2022)
- [Secure jobs with security guards](https://www.alburolaw.com/secure-jobs-security-guards/): Section 2 of Republic Act No. 11917 provides for the Declaration of Policies which states that the State recognizes the vital role of the private sector in the protection of the people and safeguarding of property as well as maintenance of peace and order in the country. Towards this end, the State shall adopt measures to strengthen the regulation of the private security services industry and establish quality standards to ensure competent private security personnel and professionals that complement our law enforcement authorities in preservation of public order in the country.
- [Salient points of the Revised IRR of R.A. No. 11058: Strengthening Workplace Safety under DOLE Department Order No. 252, Series of 2025](https://www.alburolaw.com/salient-points-of-the-revised-irr-of-r-a-no-11058-strengthening-workplace-safety-under-dole-department-order-no-252-series-of-2025/): Department Order No. 252, Series of 2025 or the Revised Implementing Rules and Regulations (Revised IRR) of Republic Act No. 11058 reinforces worker’s right to safety and health, strengthens employer duties, and aligns workplace compliance with the expanded Occupational Safety and Health standards.
- [Grounds for a Motion for Reconsideration](https://www.alburolaw.com/grounds-for-a-motion-for-reconsideration/): The aggrieved party may move for reconsideration within the period for taking an appeal upon the grounds that the damages awarded are excessive, that the evidence is insufficient to justify the decision or final order, or that the decision or final order, or that the decision or final order is contrary to law. (Section 1, Rule 37 of the Revised Rules on Civil Procedure)
- [The Supreme Court Decides: Public officers may be held liable for malversation even if they do not use public property or funds under their custody for their personal benefit.](https://www.alburolaw.com/the-supreme-court-decides-public-officers-may-be-held-liable-for-malversation-even-if-they-do-not-use-public-property-or-funds-under-their-custody-for-their-personal-benefit/): In malversation through negligence, what characterizes the negligence is not what the offender did after the public funds or property were taken by another person but what the offender did or omitted to do which permitted the taking thereof.
- [Grounds and Period for Filing a Motion for New Trial](https://www.alburolaw.com/grounds-and-period-for-filing-a-motion-for-new-trial/): Section 1, Rule 37 of the Revised Rules of Civil Procedure provides that within the period for taking an appeal, the aggrieved party may move the trial court to set aside the judgment or final order and grant a new trial.
- [Non-Compete Clause](https://www.alburolaw.com/non-compete-clause/): A non-compete clause may cover both future employment and business.
- [Annulment of Judgment](https://www.alburolaw.com/annulment-of-judgment/): The annulment may be based only on the grounds of extrinsic fraud and lack of jurisdiction.
- [The Supreme Court Decides: The workers were entitled to the same rights and benefits as regular employees of the employer.](https://www.alburolaw.com/the-supreme-court-decides-the-workers-were-entitled-to-the-same-rights-and-benefits-as-regular-employees-of-the-employer/): The Court ruled that the workers were entitled to the same rights and benefits as regular employees of the employer. The decision was grounded in Articles 106 to 109 of the Labor Code, which prohibit labor-only contracting when the contractor lacks substantial capital and the workers are engaged in the employer's core activities. Such arrangements violate labor laws and compromise workers' rights.
- [Rights and Limitations of a Patent Owner](https://www.alburolaw.com/rights-and-limitations-of-a-patent-owner/): Article 71 of the Intellectual Property Code provides for the rights of a patent owner. While Article 72 outlines the limitations, Articles 74 and 93 provide for further limitations of a patent owner.
- [Theft of Company Property](https://www.alburolaw.com/theft-of-company-property/): Stealing company property is a theft against the employer. Due to this fraudulent act, the employer is justified in dismissing an employee for just cause. This includes even an attempted theft.
- [WHEN CAN A MEMBER OF THE HOMEOWNERS’ ASSOCIATION BECOME A DELINQUENT?](https://www.alburolaw.com/when-may-a-member-of-the-homeowners-association-become-a-delinquent/): Under the 2024 Implementing Rules of Magna Carta for Homeowners and Homeowners’ Associations (RA 9904), a delinquent member or member not in good standing shall refer to a member who has been declared as such after due notice and hearing on the basis of the grounds and in accordance with the procedures set forth under the bylaws and/or existing policies of the association or, in lieu thereof, under this Rules.
- [Barangay Conciliation](https://www.alburolaw.com/barangay-conciliation/): Barangay conciliation, also known as the Katarungang Pambarangay, is a community-based dispute settlement mechanism that is administered by the basic political unit of the country, the barangay.
- [Totality of Infractions Rule](https://www.alburolaw.com/totality-of-infractions-rule/): In determining the sanction imposable on an employee, the employer may consider the former's past misconduct and previous infractions. Also known as the principle of totality of infractions. However, while the rule permits employers to consider an employee’s history of violations, jurisprudence also sets limits on how past offenses may justify dismissal. Previous offenses may be used as valid justification for dismissal only if they are related to the subsequent offense upon which the basis of termination is decreed, or if they have a bearing on the proximate offense warranting dismissal.
- [The Supreme Court Decides: Petitioner is not entitled to permanent and total disability benefits but only to Grade 12 disability benefits as found by the company-designated doctors](https://www.alburolaw.com/the-supreme-court-decides-petitioner-is-not-entitled-to-permanent-and-total-disability-benefits-but-only-to-grade-12-disability-benefits-as-found-by-the-company-designated-doctors/): As mandated under the POEA-SEC, as amended by POEA Memorandum Circular No. 10, Series of 2010, upon repatriation, the seafarer concerned shall be examined and treated by the company-designated physician. If the seafarer disagrees with the final assessment of the company-designated physician, the former may procure a second opinion from a physician of his or her choice. In case of a conflicting assessment, the parties may resort to a third doctor.
- [Is a part time worker entitled to a holiday pay?](https://www.alburolaw.com/holiday-pay-for-part-time-worke/): Like the regular employees, part-time workers are entitled to the provisions of the Labor Code of the Philippines such as Holiday pay, overtime, etc.
- [Jurisdiction of the Human Settlements Adjudication Commission](https://www.alburolaw.com/jurisdiction-of-the-human-settlements-adjudication-commission/): The Housing and Land Use Regulatory Board (HLURB) was reconstituted as the Human Settlements Adjudication Commission (HSAC) through Republic Act No. 11201 otherwise known as the Department of Human Settlements and Urban Development Act.
- [What are the Basic Considerations In Choosing Your Business Name?](https://www.alburolaw.com/what-are-the-basic-considerations-in-choosing-your-business-name/): Two essential principles must guide entrepreneurs when choosing a business name: first, the name must not be identical or confusingly similar to an existing registered business name, corporate name, or trademark; and second, it must not violate any existing law, rule, or regulation.
- [When Can An Employee Validly Refuse An Employer’s Order?](https://www.alburolaw.com/when-can-an-employee-validly-refuse-an-employers-order/): Employees may validly refuse an employer’s order only when the order is unreasonable, unlawful, immoral, impossible, or unrelated to their job duties. In contrast, refusal of a lawful and reasonable order may constitute willful disobedience or insubordination, which is a just cause for dismissal under the Labor Code.
- [Limitations on Copyright](https://www.alburolaw.com/limitations-on-copyright/): Copyright infringement is thus committed by any person who shall use original literary or artistic works, or derivative works, without the copyright owner’s consent in such a manner as to violate the copy and economic rights. For a claim of copyright infringement to prevail, the evidence on record must demonstrate: (1) ownership of a validly copyrighted material by the complainant; and (2) infringement of the copyright by the respondent. (Olano, et al v. Co, G.R. No. 195835, March 14, 2016)
- [What is Damnum Absque Injuria?](https://www.alburolaw.com/what-is-damnum-absque-injuria/): Well-settled is the maxim that damage resulting from the legitimate exercise of a person's rights is a loss without injury -- damnum absque injuria -- for which the law gives no remedy. In other words, one who merely exercises one's rights does no actionable injury and cannot be held liable for damages. (Amonoy v. Spouses Gutierrez, G.R. No. 140420)
- [What are the cases covered by the Single Entry Approach (SEnA)](https://www.alburolaw.com/what-are-the-cases-covered-by-the-single-entry-approach-sena/): Photo from Pexels | Tima Miroshnichenko The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law
- [Why Should You Register Your Business?](https://www.alburolaw.com/why-should-you-register-your-business/): Registering your business name is both a legal requirement and a protective measure for the public and the business owner. It ensures transparency, avoids confusion, and helps establish the owner’s accountability. For sole proprietorships, complying with Republic Act No. 3883 provides a lawful foundation for conducting business in the Philippines and upholds the integrity of commercial transactions.
- [Unconscionable Interest](https://www.alburolaw.com/unconscionable-interest/): Stipulations authorizing the imposition of iniquitous or unconscionable interest are contrary to morals, if not against the law. Under Article 1409 of the Civi l Code, these contracts are inexistent and void from the beginning.
- [The Supreme Court Decides: As a general rule, only the employer-corporation, and not its officers, may be held liable for illegal dismissal of employees. The exception applies when corporate officers acted with bad faith.](https://www.alburolaw.com/the-supreme-court-decides-as-a-general-rule-only-the-employer-corporation-and-not-its-officers-may-be-held-liable-for-illegal-dismissal-of-employees-the-exception-applies-when-corporate-officers/): Willful disobedience or insubordination requires the concurrence of two (2) requisites: (1) the employee's assailed conduct must have been willful which is characterized by a wrongful and perverse attitude; and (2) the order violated must have been reasonable, lawful, made known to the employee, and must pertain to the duties which he had been engaged to discharge.
- [Anti-Graft and Corrupt Practices Act, as amended by RA 10910](https://www.alburolaw.com/anti-graft-and-corrupt-practices-act-as-amended-by-ra-10910/): Public office is a public trust. Public officers and employees must, at all times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency; act with patriotism and justice, and lead modest lives. (Article XI, Section 1 of the 1987 Constitution) Public officers and employees hold in trust powers that they exercise in behalf of the public. Hence, they are held to higher standards than ordinary citizens to keep the people’s faith in the State. (Neri v. Office of the Ombudsman, G.R. No. 212467, July 5, 2021)
- [How to Know if You Are Getting the Right Salary?](https://www.alburolaw.com/how-to-know-if-you-are-getting-the-right-salary/): Knowing whether you are receiving the right salary means understanding both the legal minimum wage and the actual value of your work. By staying informed about government wage laws, reviewing your job responsibilities, and checking for mandatory benefits, you can better protect your rights and ensure fair compensation. Fair wages are not just a legal requirement, they are essential to maintaining dignity, fairness, and economic security for every worker.
- [Marital Privilege Rule vs. Marital Disqualification Rule](https://www.alburolaw.com/marital-privilege-rule-vs-marital-disqualification-rule/): The Marital Disqualification Rule and Marital Privilege Rule are legal principles under the Rules of Court designed to protect the confidentiality of communications and testimony between the spouses during marriage. Both rules aim to protect the sanctity of marriage and domestic harmony. The Marital Privilege Rule emphasizes the protection of confidential communications during and even after marriage, while the Marital Disqualification Rule restricts testimony during marriage primarily to prevent perjury and preserve marital harmony. In both rules, the exceptions, civil cases between spouses and criminal cases where one spouse harms the other or their direct descendants/ascendant, ensure that legal accountability is maintained without undermining the institution of marriage.
- [At-will vs. Contract Employment](https://www.alburolaw.com/at-will-vs-contract-employment/): At-will employment is neither recognized nor permitted under Philippine Labor Law. While in cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by Title I, Book 6 of the Labor Code.
- [Defective Special Power of Attorney](https://www.alburolaw.com/defective-special-power-of-attorney/): For an SPA to be valid and enforceable, the authority granted must be clear, express, and specific, and the agent must act strictly within the scope of the powers conferred by the principal.
- [Is preventing an employee from reporting to work without a valid reason considered an illegal dismissal? (Amor et al. v. Constant Packaging Corporation, G.R. No. 259988, May 18, 2025)](https://www.alburolaw.com/is-preventing-an-employee-from-reporting-to-work-without-a-valid-reason-considered-an-illegal-dismissal-amor-et-al-v-constant-packaging-corporation-g-r-no-259988-may-18-2025/): The act of preventing an employee from reporting to work is considered dismissal, and the lack of just or authorized cause and procedural due process makes it illegal. When an employee is able and willing to work, and the employer arbitrarily prevents them from working for no known and valid reason, then there is illegal dismissal.
- [What you need to know before buying franchise in a legal perspective](https://www.alburolaw.com/what-you-need-to-know-before-buying-franchise-in-a-legal-perspective/): Franchise agreements in the Philippines are not regulated by a single comprehensive statute. Instead, they are governed by a framework of general commercial and intellectual property laws. Standard franchise agreements in the Philippines contain clauses designed to protect the franchisor’s intellectual property and business integrity, which includes an IP license grant, quality control rights, and indemnification clauses.
- [Adverse Claim](https://www.alburolaw.com/adverse-claim/): An adverse claim serves as a notice to third parties that a person is asserting a claim or interest in registered land adverse to the registered owner, or to someone whose right is annotated on the certificate of title. This annotation is entered on the title to protect the claimant’s rights, particularly when no other provision of law is available for such protection. The adverse claim remains effective for thirty (30) days from registration, unless earlier cancelled by the Register of Deeds upon petition of the interested party or by court order. After expiration, it may be re-annotated if the claimant still believes in the validity of the claim.
- [The Supreme Court Decides: Reinstatement presupposes that the previous position from which the employee has been removed is still in existence or there is an unfilled position of a nature, more or less, similar to the one previously occupied by said employee.](https://www.alburolaw.com/the-supreme-court-decides-reinstatement-presupposes-that-the-previous-position-from-which-the-employee-has-been-removed-is-still-in-existence-or-there-is-an-unfilled-position-of-a-nature-more-or-les/): Reinstatement presupposes that the previous position from which the employee has been removed is still in existence or there is an unfilled position of a nature, more or less, similar to the one previously occupied by said employee.
- [What you need to know about the Bank Secrecy Law](https://www.alburolaw.com/what-you-need-to-know-about-the-bank-secrecy-law/): RA No. 1405 or the Bank Secrecy Law was created to encourage people to deposit their money in banking institutions, to be utilized by the banks for the economic development of the country.
- [Notice of Lis Pendens](https://www.alburolaw.com/notice-of-lis-pendens/): A notice of lis pendens is an annotation made on a certificate of title pursuant to Section 76 of Presidential Decree No. 1529 and Section 19, Rule 13 of the Rules of Court, to notify third persons that the property is the subject of a pending court proceeding. It functions as a legal warning to protect the rights of the party who instituted or is defending the action, ensuring that the court’s eventual decision will remain binding and enforceable against subsequent purchasers or encumbrancers.
- [Amendments in the Right-of-Way Act](https://www.alburolaw.com/amendments-in-the-right-of-way-act/): The Accelerated and Reformed Right-of-Way (ARROW) Act amended the R.A. 10752, otherwise known as “The Right-of-Way Act,” which affirms that the private property shall not be taken for public use without just compensation. It shall ensure that owners of real property acquired for national government infrastructure projects and private infrastructure projects for public use are promptly paid just compensation, based on a nationally consistent real property valuation for a more expeditious acquisition of the required right-of-way for the projects.
- [How to Protect Yourself in case of Breach of Contract and What Actions to Take?](https://www.alburolaw.com/how-to-protect-yourself-in-case-of-breach-of-contract-and-what-actions-to-take/): A breach of contract occurs when one party fails to fulfill the obligations agreed upon in the contract, without a valid legal justification. The Civil Code of the Philippines provides protection to the aggrieved party and offers several remedies to enforce or recover what is due. These include invoking the binding force of the contract, demanding fulfillment of the obligation, claiming damages, rescinding the contract in case of substantial breach, and filing a civil action before the proper court.
- [Just Compensation in Land Expropriation Must Consider All Relevant Factors, Not Just Market Value](https://www.alburolaw.com/just-compensation-in-land-expropriation-must-consider-all-relevant-factors-not-just-market-value/): In land expropriation cases, just compensation must be based on all relevant factors, not just market value. Case law mandates a "totality of circumstances" approach to determining just compensation, considering all the facts as to the condition of the property and its surroundings, improvements and capabilities.
- [The Supreme Court Decides: Foreclosure proceedings based on unfair interest rates should be annulled.](https://www.alburolaw.com/the-supreme-court-decides-foreclosure-proceedings-based-on-unfair-interest-rates-should-be-annulled/): The unilateral imposition of interests, at such rate that the lender or mortgagee so pleases, cannot and should not be reason to justify a foreclosure sale. The mortgagor should be given a chance to pay their indebtedness at an interest rate clearly agreed upon by the parties, otherwise, they shall be at the mercy of their creditor, standing to lose their property without being afforded a fair opportunity to settle their indebtedness.
- [The Difference Between Merger and Consolidation and their Effects](https://www.alburolaw.com/difference-between-merger-and-consolidation/): Merger or consolidation may be resorted to by corporations because of economic reasons. When times are tough, companies ought to merge or consolidate depending on their plan for survival and/or economic growth.
- [Responsibilities of an Employer under the Occupational Safety and Health Administration in connection with Natural Calamities](https://www.alburolaw.com/responsibilities-of-an-employer-under-the-occupational-safety-and-health-administration-in-connection-with-natural-calamities/): Section 4, Chapter III of the Republic Act (R.A.) No. 11058 outlines the responsibilities of an employer, contractor, or subcontractor, if any, and any person who manages, controls, or supervises the work being undertaken under the Occupational Safety and Health Administration.
- [The Supreme Court Decides: The mere fact that the agent was authorized to mortgage the property is not enough to bind the principal; the deed must also be executed and signed by the agent for and on behalf of his or her principal.](https://www.alburolaw.com/the-supreme-court-decides-the-mere-fact-that-the-agent-was-authorized-to-mortgage-the-property-is-not-enough-to-bind-the-principal-the-deed-must-also-be-executed-and-signed-by-the-agent-for-and-on-b/): Agency is extinguished by the death of either the principal or the agent. Thus, any act by the agent subsequent to the principal's death is void ab initio, unless the act fell under the exceptions established under Articles 1930 and 1931 of the Civil Code.
- [What You Should Know About Filing a Small Claims Case](https://www.alburolaw.com/filing-small-claims-case/): With the implementation of the Office of the Court Administrator (OCA) Circular No. 69-2002, the judiciary has taken a major step toward faster and more accessible justice. The new Rules on Expedited Procedures in the First Level Courts simplify the filing of small claims cases, allowing Filipinos to recover debts and resolve monetary disputes without the burden of lengthy trials or high legal costs. Now enhanced by electronic filing and service, the small claims process brings justice closer to the people, swift, convenient, and within everyone’s reach.
- [All Saints Day](https://www.alburolaw.com/all-saints-day/): Every November 1, it is a Filipino tradition to go to cemeteries and honor our departed loved ones on All Saints’ Day. It is a time of reflection, remembrance, and family gathering. But aside from its spiritual and cultural meaning, the day also has implications for workers’ pay. Since it is declared a special non-working holiday, employees who report for duty are entitled to receive premium pay, while those who take the day off are not bound to work and are typically subject to the “no work, no pay” principle, unless a company policy or collective bargaining agreement provides otherwise. This holiday, therefore, not only reminds Filipinos of their faith and traditions but also highlights the country’s labor rights and compensation rules during special occasions.
- [Investors’ Lease Act](https://www.alburolaw.com/investors-lease-act/): Under the Investors’ Lease Act, it is the policy of the State to encourage foreign investments consistent with the constitutional mandate to conserve and develop our own patrimony. The state hereby adopts a flexible and dynamic policy on the granting of long-term lease on private lands to foreign investors for the establishment of industrial estates, factories, assembly or processing plants, agro-industrial enterprises, land development for industrial or commercial use, tourism, agriculture, agro-forestry, ecological conservation and other similar priority productive endeavors.
- [Judgment on the Pleadings v. Summary Judgment](https://www.alburolaw.com/judgment-on-the-pleadings-v-summary-judgment/): A judgment or final order determining the merits of the case shall be in writing personally and directly prepared by the judge, stating clearly and distinctly the facts and the law on which it is based, signed by him, and filed with the clerk of the court. (Section 1, Rule 36 of the Revised Rules on Civil Procedure)
- [Knowing more about labor law compliance inspections](https://www.alburolaw.com/knowing-more-labor-law-compliance-inspection/): Behind every thriving economy are the workers whose efforts sustain industries, communities, and progress. DOLE Department Order No. 238 reinforces DOLE’s authority to uphold workers’ rights and workplace safety. It emphasizes proactive assistance through Technical and Advisory Visits, strict enforcement through Labor Inspections, and immediate intervention in cases of imminent danger in order to ensure fair, safe and humane working conditions for every Filipino worker.
- [The Supreme Court decides: A marriage officiated by someone without legal authority is generally void—but not if one or both spouses genuinely believed that the person had the authority to solemnize the marriage.](https://www.alburolaw.com/the-supreme-court-decides-a-marriage-officiated-by-someone-without-legal-authority-is-generally-void-but-not-if-one-or-both-spouses-genuinely-believed-that-the-person-had-the-authority-to-sol/): Article 35 (2) of the Family Code provides that marriages officiated by person with no legal authority are considered void, except if one or both parties to the marriage believed in good faith that the officer had legal authority to solemnize the marriage.
- [Retired from SSS, and still working?](https://www.alburolaw.com/retirement-sss-still-working/): Under R.A. No. 11199 or the Social Security Act of 2018, a member who has paid at least one hundred twenty (120) monthly contributions prior to the semester of retirement and who (1) has reached the age of sixty (60) years and is already separated from employment or has ceased to be self-employed, or (2) has reached the age of sixty-five (65) years, shall be entitled to retirement benefits for as long as he lives to a monthly pension, provided that he may opt to receive his first eighteen (18) monthly pensions in lump sum, discounted at a preferential rate of interest to be determined by the SSS.
- [Government Optimization Act](https://www.alburolaw.com/government-optimization-act/): The Government Optimization Act aims to promote and maintain effectiveness, efficiency, economy, equity, and ethical accountability in the government, enhance institutional capacity to improve public service delivery; and ensure the attainment of the country’s societal and economic development goals and objectives.
- [Duty of loyalty by the corporate directors](https://www.alburolaw.com/duty-loyalty-corporate-directors/): A person cannot serve two masters without detriment to one of them. It is from this basic human frailty that the doctrine of corporate opportunity was recognized and laws were put in place to deter corporate officers from using their position of trust and confidence to further private interests. (TOPROS, Inc. v. Chang, Jr., G.R No. 200070-71, December 7, 2021)
- [How to register your corporation with the SEC](https://www.alburolaw.com/how-to-register-your-corporation-with-the-sec/): Every starting entrepreneur has to consider the business organization that will carry out the business he is about to establish. Considering that there are several ways by which a business may be organized, one has to at least be familiar, if not equipped with full working knowledge, as to the nature and characteristics of each of his options, and how it will affect the way he does business. Among the options that an entrepreneur may choose is to form a corporation, which is defined by law. Among the options that an entrepreneur may choose is to form a corporation, which is defined by law as an artificial being created by operation of law, having the right of succession and the powers, attributes, and properties expressly authorized by law or incidental to its existence (Sec. 2 of the Revised Corporation Code).
- [Marital Rape (Insights from People of the Philippines v. Jumawan)](https://www.alburolaw.com/marital-rape-insights-from-people-of-the-philippines-v-jumawan/): Husbands do not have property rights over their wives' bodies. Sexual intercourse, albeit within the realm of marriage, if not consensual, is rape. This is the clear State policy expressly legislated in Section 266-A of the Revised Penal Code (RPC), as amended by Republic Act No. 8353 or the Anti-Rape Law of 1997.
- [How foreign corporations can do business in the Philippines](https://www.alburolaw.com/foreign-corporations-business-philippines/): Our country endeavors to attract, promote and welcome productive investments from foreign entities, in activities which significantly contribute to national industrialization and socio-economic development to the extent that foreign investment is allowed in such activity by the Constitution and relevant laws (Sec. 2, R.A. No. 8179). With this, many foreign corporations choose to invest by engaging in business in the Philippines. In doing so, however, our laws have imposed certain conditions before foreign corporations may legally operate their enterprises in the country.
- [The Supreme Court decides: Police officers' failure to state with accuracy the actual denomination of bets amounts to reasonable doubt](https://www.alburolaw.com/the-supreme-court-decides-police-officers-failure-to-state-with-accuracy-the-actual-denomination-of-bets-amounts-to-reasonable-doubt/): In our criminal justice system, the overriding consideration is not whether the court doubts the innocence of the accused, but whether it entertains a reasonable doubt as to their guilt. Where there is no moral certainty as to their guilt, they must be acquitted even though their innocence may be questionable. The constitutional right to be presumed innocent until proven guilty can be overthrown only by proof beyond reasonable doubt.
- [Long-term foreign lease over lands in the Philippines](https://www.alburolaw.com/long-term-foreign-lease-lands-philippines/): Many foreigners find the Philippines to be an attractive place to invest their money, and to establish their own enterprises. Because of the relative affordability of organizing a business in our country, there is no reason why the Philippines cannot be transformed into an investment hub of various countries in this part of the globe. We could also throw in the fact that investors from English speaking countries find it easy to adapt in the Philippines because of the Filipinos’ fluency in speaking their language. All of these factors contribute in making our country a bright investment prospect.
- [Splitting a Single Cause of Action and its Effects](https://www.alburolaw.com/splitting-a-single-cause-of-action-and-its-effects/): A cause of action may give rise to several reliefs, but only one action can be filed. A single cause of action or entire claim or demand cannot be split up or divided into two or more different actions. (Rivera Golf Club, Inc.v. CCA Holdings, B.V., G.R. No. 173783, June 17, 2015)
- [Proven ways in debt collection](https://www.alburolaw.com/proven-ways-debt-collection/): No business can survive without sufficient funds, as every action done in its operations generally has corresponding costs attached to it. When it comes to finances, however, one of the most common challenges faced by many businesses is the difficulty of collecting from their debtors the amounts owed to them. So, how is debt collection being carried out?
- [Will the Recovery of a Carnapped Vehicle Bar an Insurance Claim?](https://www.alburolaw.com/will-the-recovery-of-a-carnapped-vehicle-bar-an-insurance-claim/): In cases where the insured’s car is wrongfully taken without consent from a service or repair shop—such as for a joyride during which it is destroyed in an accident—the insurer is still liable to pay for the total loss of the vehicle under the theft clause of the policy.
- [Economic Dependency Test](https://www.alburolaw.com/economic-dependency-test/): Under the four-fold test, to establish an employer-employee relationship, four factors must be proven: (a) the employer’s selection and engagement of the employee; (b) the payment of wages; (c) the power to dismiss; and (d) the power to control the employee’s conduct. When the control test is insufficient, the economic realities of the employment are considered to get a comprehensive assessment of the true classification of the worker. (Ditiangkin v. Lazada E-services, G.R. No. 246892, September 21, 2022)
- [Special Power of Attorney Ends Upon Death of Principal](https://www.alburolaw.com/special-power-of-attorney-ends-upon-death-of-principal/): A Special Power of Attorney (SPA) is automatically extinguished upon the death of the principal, rendering any subsequent acts by the agent void, unless the SPA was constituted in the common interest of the principal and agent, or a third party who accepted the stipulation in his favor.
- [Requirements to Perfect an Appeal to the National Labor Relations Commission](https://www.alburolaw.com/requirements-to-perfect-an-appeal-to-the-national-labor-relations-commission/): Appeal means the elevation by an aggrieved party of any decision or award of a lower body to a higher body by means of a pleading which includes the assignment of errors, arguments in support thereof, and the relief prayed for. (Aba v. NLRC, G.R. No. 122627, July 28, 1999)
- [The Supreme Court decides: Surgeon is not guilty medical malpractice case over failed stent procedure](https://www.alburolaw.com/the-supreme-court-decides-surgeon-is-not-guilty-medical-malpractice-case-over-failed-stent-procedure/): According to the case of ELPIDIO QUE VS. PHILIPPINE HEART CENTER, G.R. No. 268308, April 02, 2025, a medical professional has the duty to observe the standard of care and exercise the degree of skill, knowledge, and training ordinarily expected of other similarly trained medical professionals acting under the same circumstances. A breach of the accepted standard of care constitutes negligence or malpractice and renders the defendant liable for the resulting injury to his patient.
- [The Supreme Court decides: Preventive suspension of employee who locked company out of its own software is valid](https://www.alburolaw.com/the-supreme-court-decides-preventive-suspension-of-employee-who-locked-company-out-of-its-own-software-is-valid/): Preventive suspension is not a penalty but a disciplinary measure to protect life or property of the employer or the co-workers pending investigation of any alleged infraction committed by the employee. Thus, it is justified only when the employee's continued employment poses a serious and imminent threat to the employer's or co-workers' life or property. When justified, the preventively suspended employee is not entitled to the payment of his salaries and benefits for the period of suspension.
- [Is a Written Donation needed to transfer Subdivision Land to a Local Government Unit?](https://www.alburolaw.com/is-a-written-donation-needed-to-transfer-subdivision-land-to-a-local-government-unit/): A written donation or formal act is necessary for the transfer of ownership of open spaces and road lots in subdivisions, and the local government cannot simply rely on ordinances or laws alone to assume ownership of the property.
- [Jurisdiction of HSAC over Condominium Contract Disputes](https://www.alburolaw.com/jurisdiction-of-hsac-over-condominium-contract-disputes/): In Cadungog v. Jung, the Supreme Court affirmed that the Human Settlements Adjudication Commission (HSAC) has exclusive jurisdiction over contractual and legal disputes between buyers and developers of real estate projects. The Court also clarified that this jurisdiction evolved through a series of legal reforms, including the transfer of regulatory functions from the National Housing Authority to the Housing and Land Use Regulatory Board, and ultimately to the HSAC under Republic Act No. 11201.
- [Liability of Corporate Officers in Labor Cases](https://www.alburolaw.com/liability-of-corporate-officers-in-labor-cases/): Section 30 of the Revised Corporation Code provides that directors or trustees who willfully and knowingly vote for or assent to patently unlawful acts of the corporation or who are guilty of gross negligence or bad faith in directing the affairs of the corporation or acquire any personal or pecuniary interest in conflict with their duty as such directors or trustees shall be liable jointly and severally for all damages resulting therefrom suffered by the corporation, its stockholders or members and other persons.
- [Fresh Period Rule](https://www.alburolaw.com/fresh-period-rule/): The "fresh period rule" was promulgated to standardize the appeal period provided in the Rules and do away with the confusion as to when the 15-day appeal period should be counted.
- [The Ombudsman Act of 1989](https://www.alburolaw.com/the-ombudsman-act-of-1989/): The Ombudsman Act of 1989 provides that public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, efficiency, act with patriotism and justice and lead modest lives.
- [Bribery and Corruption of Public Officials](https://www.alburolaw.com/bribery-and-corruption-of-public-officials/): Bribery is penalized under the Revised Penal Code, with distinctions drawn between direct bribery, indirect bribery, and corruption of public officials. Each crime carries its own set of elements, reflecting different ways public trust may be compromised.
- [Revised Guidelines Governing the Employment and Working Conditions of Security Guards and the Private Security Services Industry Act](https://www.alburolaw.com/revised-guidelines-governing-the-employment-and-working-conditions-of-security-guards-and-the-private-security-services-industry-act/): Under DOLE Department Order 150-16, Security Guard refers to any person who offers or renders personal service to watch or secure a residence, business establishment, building, compound, any other area or property; or inspects, monitors, or performs body checks or searches of individuals or baggage and other forms of security inspection. Private Security Personnel, on the other hand, refers to natural persons, including private detectives, security consultants and security officers, employed by private security agency or firm, to render security and/or detective services.
- [Anti-Plunder Act (R.A. No. 7080)](https://www.alburolaw.com/anti-plunder-act-r-a-no-7080/): Photo from Pexels | Hiren Ranpara The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law
- [Dominancy Test in Trademark (Kolin v. Kolin)](https://www.alburolaw.com/dominancy-test-in-trademark-kolin-v-kolin/): The Dominancy Test focuses on the similarity of the prevalent features of the competing trademarks which might cause confusion or deception, and thus infringement. If the competing trademark contains the main, essential or dominant features of another, and confusion or deception is likely to result, infringement takes place. Duplication or imitation is not necessary; nor is it necessary that the infringing label should suggest an effort to imitate. The question is whether the use of the marks involved is likely to cause confusion or mistake in the mind of the public or deceive purchasers.
- [Res Ipsa Loquitur](https://www.alburolaw.com/res-ipsa-loquitur/): The doctrine of res ipsa loquitur is an exception to the rule that hearsay evidence is devoid of probative value. This is because the doctrine of res ipsa loquitur establishes a rule on negligence, whether the evidence is subjected to cross-examination or not. It is a rule that can stand on its own independently of the character of the evidence presented as hearsay.
- [Grave Threats, Light Threats, and Other Light Threats](https://www.alburolaw.com/grave-threats-light-threats-and-other-light-threats/): The crimes of grave threats, light threats, and other light threats are provided under Articles 282, 283, and 285 of the Revised Penal Code. According to the case of RONNIE CALUAG vs. PEOPLE OF THE PHILIPPINES, G.R. No. 171511, March 4, 2009, in grave threats, the wrong threatened amounts to a crime which may or may not be accompanied by a condition. In light threats, the wrong threatened does not amount to a crime but is always accompanied by a condition. In other light threats, the wrong threatened does not amount to a crime and there is no condition.
- [The Supreme Court decides: There is no qualified rape in case of adoptive relatives under the old adoption law](https://www.alburolaw.com/the-supreme-court-decides-there-is-no-qualified-rape-in-case-of-adoptive-relatives-under-the-old-adoption-law/): Under the old law, the adopted child cannot be considered as a relative of the ascendants and collaterals of the adopting parents. The relationship created is exclusively between the adopter and the adopted, and does not extend to the relatives of either.
- [Removal of Directors and Trustees](https://www.alburolaw.com/removal-of-directors-and-trustees/): Section 27 of the Revised Corporation Code provides a clear legal framework for the removal of corporate directors and trustees, balancing the need for effective governance with safeguards for minority rights.
- [Searching Inquiry](https://www.alburolaw.com/searching-inquiry/): Section 3, Rule 116 of the Revised Rules of Criminal Procedure provides that, when the accused pleads guilty to a capital offense, the court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and require the prosecution to prove his guilt and the precise degree of culpability. The accused may present evidence in his behalf.
- [Principals, Accomplices, and Accessories](https://www.alburolaw.com/principals-accomplices-and-accessories/): Article 16 of the Revised Penal Code (RPC) provides that principals, accomplices, and accessories are criminally liable for grave and less grave felonies. For light felonies, only the principals and accomplies are criminally liable for light felonies.
- [Supreme Court: Illegally Built Structures and Businesses on Beaches May Be Demolished for Public Disturbance](https://www.alburolaw.com/supreme-court-illegally-built-structures-and-businesses-on-beaches-may-be-demolished-for-public-disturbance/): The Supreme Court affirmed the Court of Appeals’ ruling that the informal structures operated by the spouses Calimlim on foreshore land in Matabungkay Beach constituted a public nuisance. Despite a lack of necessary permits and the existence of multiple notices to vacate, the spouses Calimlim continued their informal operations, causing obstruction, excessive noise, foul odor, and even fire hazards injurious to their neighboring property, the Villa Alexandra, among others.
- [Aliens and the Labor Market Test](https://www.alburolaw.com/aliens-and-the-labor-market-test/): The Labor Code governs the employment of aliens. Article 40 requires non-resident aliens to secure a permit when seeking admission to the country for employment purposes.
- [Clerical Error Law (RA 9048, as amended by RA 10172)](https://www.alburolaw.com/clerical-error-law-ra-9048-as-amended-by-ra-10172/): lerical or typographical error refers to a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous, such as misspelled name or misspelled place of birth, mistake in the entry of day and month in the date of birth or the sex of the person or the like, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records: Provided, however, That no correction must involve the change of nationality, age, or status of the petitioner. (Section 2 (3) of RA 9048, as amended by RA 10172)
- [Salient Provisions of RA No. 10754 or “An Act Expanding the Benefits and Privileges of Persons With Disability”](https://www.alburolaw.com/salient-provisions-of-ra-no-10754-or-an-act-expanding-the-benefits-and-privileges-of-persons-with-disability/): RA No. 10754 or “An Act Expanding the Benefits and Privileges of Persons With Disability” Republic Act (RA) No. 10754 was enacted to amend some provisions in RA No. 7277, otherwise known as the “Magna Carta for Persons with Disability” and further strengthen the declared policy of the State to grant the rights and privileges for disabled persons.
- [Requisites of a Valid Waiver](https://www.alburolaw.com/requisites-of-a-valid-waiver/): Article 6 of the New Civil Code of the Philippines provide that rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law.
- [Laws Governing Partition](https://www.alburolaw.com/laws-governing-partition/): In general, a partition is the separation, division, and assignment of a thing held in common among those to whom it may belong. Every act intended to put an end to indivision among co-heirs is deemed to be a partition. (Heirs of Jarque v. Jarque, G.R. No. 196733, November 21, 2018)
- [Salient Provisions of RA No. 11235 - or the “Motorcycle Crime Prevention Act”](https://www.alburolaw.com/salient-provisions-of-ra-no-11235-or-the-motorcycle-crime-prevention-act/): Republic Act (RA) No. 11235 or the Motorcycle Crime Prevention Act was enacted in view of the declared policy of the State under Article II, Section 5 of the 1987 Constitution, which provides that the maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all people of the blessings of democracy. It is hereby declared the policy of the State to secure and safeguard its citizenry from crimes committed with the use of motorcycles through bigger, readable and color-coded number plates and identification marks.
- [Supreme Court Updates Plea Bargaining Guidelines in Drug Cases, Requires Prosecution to Raise All Grounds for Objections or Waive Them](https://www.alburolaw.com/sc-updates-plea-bargaining-guidelines-in-drug-cases/): The Supreme Court ruled that in drug-related cases, prosecutors are required to present all their objections to a proposed plea bargain at once; otherwise, any grounds not mentioned will be deemed waived.
- [Preventive Suspension](https://www.alburolaw.com/preventive-suspension/): Photo from Unsplash | Mert Çetin The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law
- [Suppletory Application of Deposition in Criminal Proceedings](https://www.alburolaw.com/suppletory-application-of-deposition-in-criminal-proceedings/): The Court is always guided by the principle that rules shall be liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding. Simply put, the rules of procedure should facilitate an orderly administration of justice. They should not be strictly applied causing injury to a substantive right of a party to case.
- [Grave Coercion vs. Light Coercion](https://www.alburolaw.com/grave-coercion-vs-light-coercion/): Photo from Pexels | Andrea Piacquadio The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law
- [Ban on Direct Hiring](https://www.alburolaw.com/ban-on-direct-hiring/): The ban on direct hiring prohibits employers from hiring Filipino workers for overseas employment except through the Boards and authorized entities. However, exceptions include members of the diplomatic corps, international organizations, employers approved by the Secretary of Labor, and name hires
- [Protection Orders under RA 9262](https://www.alburolaw.com/protection-orders-under-ra-9262/): Under Republic Act No. 9262 or the Anti-Violence Against Women and Their Children Act of 2004, a protection order is an order issued for the purpose of preventing further acts of violence against a woman or her child and granting other necessary relief. The relief granted under a protection order serve the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim’s daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life.
- [Commodatum vs. Mutuum](https://www.alburolaw.com/commodatum-vs-mutuum/): Commodatum is a contract of loan wherein one of the parties delivers to another, either something not consumable so that the latter may use the same for a certain time and return it. Mutuum or simple loan is a contract of loan wherein money or other consumable thing, upon the condition that the same amount of the same kind and quality shall be paid. (Article 1933, New Civil Code)
- [Supreme Court Finds Managers Guilty of Theft for Withholding Service Charges from Staff – Supreme Court of the Philippines](https://www.alburolaw.com/supreme-court-finds-managers-guilty-of-theft-for-withholding-service-charges-from-staff-supreme-court-of-the-philippines/): The Supreme Court found two Shakey’s managers guilty of theft for withholding service charges from employees. The Court ruled that all five elements of theft were present: (1) there was a taking; (2) of property belonging to another; (3) done with intent to gain; (4) without the owner’s consent; and (5) without violence or force. The Court clarified that the crime was not qualified theft because the victims were fellow employees, not the employer; thus, there was no relationship of trust or confidence between them. Absent this qualifying element, petitioners were only convicted of theft in its simple form.
- [Doctrine of Strained Relations](https://www.alburolaw.com/doctrine-of-strained-relations/): As a general rule, an employee who has been illegally dismissed is entitled to reinstatement. An exception to this rule is the doctrine of strained relations where the payment of separation pay is considered an acceptable alternative when reinstatement is no longer desirable or viable.
- [Different Kinds of Nuisance](https://www.alburolaw.com/different-kinds-of-nuisance/): According to Article 694 of the Civil Code, a nuisance is any act, omission, establishment, business, condition of property, or anything else which: (1) Injures or endangers the health or safety of others; or (2) Annoys or offends the senses; or (3) Shocks, defies or disregards decency or morality; or (4) Obstructs or interferes with the free passage of any public highway or street, or any body of water; or (5) Hinders or impairs the use of property.
- [Reliefs from Illegal Dismissal: Reinstatement and Backwages](https://www.alburolaw.com/reliefs-from-illegal-dismissal-reinstatement-and-backwages/): The normal consequences of illegal dismissal are reinstatement without loss of seniority rights, and payment of backwages computed from the time compensation was withheld up to the date of actual reinstatement. (Aliling v. Feliciano, G.R. No. 185829, April 25, 2012)
- [Bonafide Occupational Qualification](https://www.alburolaw.com/bonafide-occupational-qualification/): Employment in particular jobs may not be limited to persons of a particular sex, religion, or national origin unless the employer can show that sex, religion, or national origin is an actual qualification for performing the job. The qualification is called a bona fide occupational qualification (BFOQ).
- [Appeal vs. Petition for Certiorari](https://www.alburolaw.com/appeal-vs-petition-for-certiorari/): Appeal is the remedy available to a litigant seeking to reverse or modify a judgment on the merits of a case. The right to appeal is not constitutional or natural, and is not part of due process but is a mere statutory privilege. Thus, it must be availed in keeping with the manner set by law and is lost by a litigant who does not comply with the rules. (Cortal v. Inaki A. Larrazabal Enterprises, G.R. No. 199107, August 30, 2017) A petition for certiorari under Rule 65 is proper to correct errors of jurisdiction committed by the lower court or grave abuse of discretion which is tantamount to lack of jurisdiction. This remedy can be availed of when there is no appeal or any plain, speedy, and adequate remedy in the ordinary course of law. (Cunanan v. Court of Appeals, G.R. No. 205573, August 17, 2016)
- [Supreme Court: Online ‘Sweetheart’ Guilty of Rape and Qualified Trafficking for Sexual Exploitation of Minor](https://www.alburolaw.com/supreme-court-online-sweetheart-guilty-of-rape-and-qualified-trafficking-for-sexual-exploitation-of-minor/): The Supreme Court affirmed the conviction of a 68-year-old foreigner for rape and qualified trafficking after inviting and meeting with a minor for sex. In the case of People of the Philippines v. Willem Johannes Peek (G.R. No. 256452, February 25, 2025), the SC held that Peek forced the victim to engage in sexual acts in exchange for money and and under threat of uploading her nude photos online if she refused.
- [Legal Periods](https://www.alburolaw.com/legal-periods/): Section 31 of the Administrative Code, being a specific provision pertaining to administrative cases, is an exception to Article 13 of the Civil Code, which has been intended for general application in the interpretation of the laws.
- [The Concept of Expromision and Delegacion](https://www.alburolaw.com/the-concept-of-expromision-and-delegacion/): Article 1291 of the New Civil Code provides that obligations may be modified by: (1) Changing their object or principal conditions; (2) Substituting the person of the debtor; (3) Subrogating a third person in the rights of the creditor.
- [Grave Coercion, Light Coercion, and Other Similar Coercions](https://www.alburolaw.com/grave-coercion-light-coercion-and-other-similar-coercions/): The elements of the crimes of grave coercion, light coercion, and other similar coercions and their corresponding penalties are provided in Articles 286, 287, and 288 of the Revised Penal Code.
- [Equal Pay for Equal Work](https://www.alburolaw.com/equal-pay-for-equal-work/): The doctrine of equal pay for equal work admits exceptions where employers may set different salaries based on reasonable factors such as seniority, experience, or skill, provided they act in good faith and justify the differentiation.
- [Dation in Payment v. Consignation](https://www.alburolaw.com/dation-in-payment-v-consignation/): Under the New Civil Code, Dation in Payment is a special form of payment whereby property is alienated to the creditor in satisfaction of a debt in money. Consignation, on the hand, shall be made by depositing the things due at the disposal of judicial authority, before whom the tender of payment shall be proved, in a proper case, and the announcement of the consignation in other cases.
- [Persons Who Cannot Give Consent to a Contract](https://www.alburolaw.com/persons-who-cannot-give-consent-to-a-contract/): Persons who cannot give consent to a contract may be divided into two categories: -Persons with absolute incapacity to enter into contracts; and -Persons with relative incapacity to enter into contracts.
- [Supreme Court Clarifies Two-Year Prescriptive Period for Refund of Wrong VAT Payment](https://www.alburolaw.com/supreme-court-clarifies-two-year-prescriptive-period-for-refund-of-wrong-vat-payment/): In Melco Resorts v. CIR (G.R. No. 271261, April 2, 2025), the Supreme Court ruled that the two-year period starts from the date the taxpayer actually paid the VAT to the BIR, not from the date the supplier remitted it.
- [National Heroes Day](https://www.alburolaw.com/national-heroes-day-2/): Photo from Unsplash | Jim Stapleton The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law
- [Hiding One’s Homosexuality is a Ground for Annulment](https://www.alburolaw.com/hiding-ones-homosexuality-is-a-ground-for-annulment/): In the case of Salva-Roldan v. Roldan, G.R. No. 268109, March 3, 2024, the Supreme Court held that hiding one’s homosexuality from a spouse can be considered fraud and may be used as a ground to annul a marriage.
- [Employer’s Insensibility on Sexual Harassment of Employee: A Ground for Constructive Dismissal](https://www.alburolaw.com/employers-insensibility-on-sexual-harassment-of-employee-a-ground-for-constructive-dismissal/): An employee is considered constructively dismissed if he or she was sexually harassed by her superior and her employer failed to act on his or her complaint with prompt and sensitivity.
- [Condonation Doctrine](https://www.alburolaw.com/condonation-doctrine/): The condonation doctrine holds that a public official’s re-election bars removal for administrative misconduct committed during a prior term, as it is deemed a public condonation of past acts. However, in Carpio-Morales v. Binay, the Supreme Court abandoned the doctrine for lack of legal basis and for being contrary to the Constitution, with the ruling applying prospectively from April 12, 2016.

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- [Output Vat](https://www.alburolaw.com/tag/output-vat/)
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- [Worst Forms of Child Labor](https://www.alburolaw.com/tag/worst-forms-of-child-labor/)
- [Republic Act No. 7610](https://www.alburolaw.com/tag/republic-act-no-7610/)
- [Republic Act No. 9231](https://www.alburolaw.com/tag/republic-act-no-9231/)
- [Exploitation and Discrimination Act](https://www.alburolaw.com/tag/exploitation-and-discrimination-act/)
- [Special Protection of Children Against Abuse](https://www.alburolaw.com/tag/special-protection-of-children-against-abuse/)
- [Safe Spaces Act](https://www.alburolaw.com/tag/safe-spaces-act/)
- [Gender-Based Sexual Harassment](https://www.alburolaw.com/tag/gender-based-sexual-harassment/)
- [Republic Act No. 11313](https://www.alburolaw.com/tag/republic-act-no-11313/)
- [Workplace Sexual Harassment](https://www.alburolaw.com/tag/workplace-sexual-harassment/)
- [National Archives of the Philippines Act](https://www.alburolaw.com/tag/national-archives-of-the-philippines-act/)
- [Republic Act No. 9470](https://www.alburolaw.com/tag/republic-act-no-9470/)
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- [Obligations of Partners](https://www.alburolaw.com/tag/obligations-of-partners/)
- [Civil Code of the Philippines](https://www.alburolaw.com/tag/civil-code-of-the-philippines/)
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- [Managing Partner](https://www.alburolaw.com/tag/managing-partner/)
- [Anti-VAWC Law](https://www.alburolaw.com/tag/anti-vawc-law/)
- [Republic Act No. 9262](https://www.alburolaw.com/tag/republic-act-no-9262/)
- [Violence against Women and their Children](https://www.alburolaw.com/tag/violence-against-women-and-their-children/)
- [Economic Abuse](https://www.alburolaw.com/tag/economic-abuse/)
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- [Philippine Immigration Law](https://www.alburolaw.com/tag/philippine-immigration-law/)
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- [Commonwealth Act No. 613](https://www.alburolaw.com/tag/commonwealth-act-no-613/)
- [Immigration Law](https://www.alburolaw.com/tag/immigration-law/)
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- [Just Cause for Termination](https://www.alburolaw.com/tag/just-cause-for-termination/)
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- [Tax Avoidance](https://www.alburolaw.com/tag/tax-avoidance/)
- [Tax Evasion](https://www.alburolaw.com/tag/tax-evasion/)
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- [Burden of Proof](https://www.alburolaw.com/tag/burden-of-proof/)
- [Government Services](https://www.alburolaw.com/tag/government-services/)
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- [RA 8042](https://www.alburolaw.com/tag/ra-8042/)
- [Illegal Recruitment in Large Scale](https://www.alburolaw.com/tag/illegal-recruitment-in-large-scale/)
- [Economic Sabotage](https://www.alburolaw.com/tag/economic-sabotage/)
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- [Migrant Workers](https://www.alburolaw.com/tag/migrant-workers/)
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- [Labor-Only Contracting](https://www.alburolaw.com/tag/labor-only-contracting/)
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- [Four-Fold Test](https://www.alburolaw.com/tag/four-fold-test/)
- [Floating Status](https://www.alburolaw.com/tag/floating-status/)
- [Reassignment](https://www.alburolaw.com/tag/reassignment/)
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- [Labor Education](https://www.alburolaw.com/tag/labor-education/)
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- [REIT Law](https://www.alburolaw.com/tag/reit-law/)
- [Directors and Officers](https://www.alburolaw.com/tag/directors-and-officers/)
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- [Discount](https://www.alburolaw.com/tag/discount/)
- [Tax Incentives](https://www.alburolaw.com/tag/tax-incentives/)
- [Penalties](https://www.alburolaw.com/tag/penalties/)
- [Data Privacy Law](https://www.alburolaw.com/tag/data-privacy-law/)
- [Law Enforcement](https://www.alburolaw.com/tag/law-enforcement/)
- [National Privacy Commission](https://www.alburolaw.com/tag/national-privacy-commission/)
- [Personal Data](https://www.alburolaw.com/tag/personal-data/)
- [Collective Bargaining](https://www.alburolaw.com/tag/collective-bargaining/)
- [Strikes and Lockout](https://www.alburolaw.com/tag/strikes-and-lockout/)
- [Unfair Labor Practice](https://www.alburolaw.com/tag/unfair-labor-practice/)
- [Employer’s Rights](https://www.alburolaw.com/tag/employers-rights/)
- [Personal Property Security Act](https://www.alburolaw.com/tag/personal-property-security-act/)
- [Possession](https://www.alburolaw.com/tag/possession/)
- [Control](https://www.alburolaw.com/tag/control/)
- [Registration](https://www.alburolaw.com/tag/registration/)
- [Security Interest](https://www.alburolaw.com/tag/security-interest/)
- [Perfection](https://www.alburolaw.com/tag/perfection/)