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Corporations: De Facto and De Jure

A private corporation organized under this Code commences its corporate existence and juridical personality from the date the Commission issues the certificate of incorporation under its official seal thereupon the incorporators, stockholders/members and their successors shall constitute a body corporate under the name stated in the articles of incorporation for the period of time mentioned therein, unless said period is extended or the corporation is sooner dissolved in accordance with law. (Section 18, Revised Corporation Code)

Prescription of Claims in Illegal Dismissal Cases and Money Claims

The prescriptive period to file a complaint for illegal dismissal is four years from the time the cause of action accrued.

An action for illegal dismissal or when one is arbitrarily and unjustly deprived of his job or means of livelihood is essentially a complaint for “injury of rights”, which falls under Article 1146 of the Civil Code of the Philippines. (Jimmy Gallego v. Wallem Maritime Service, Inc., G.R. No. 216440, February 19, 2020)

Under the Article 1146 of the Civil Code, an action upon injury to the rights of the plaintiff must be instituted within four (4) years. (Article 1146, Civil Code)

Is the computation of 13th month pay contingent on one’s employment status?

13th month pay shall also be given to rank-and-file employees who are paid on a piece-rate basis, fixed or guaranteed wage plus commission, those with multiple employers, those who resigned, were terminated from employment, or were on maternity leave and received salary differential. (Coverage, DOLE Labor Advisory No. 25, Series of 2023)

Employment Status of Persons with Disability (PWD)

A qualified employee with a disability is entitled to the same terms, compensation, privileges, benefits, incentives, and allowances as an able-bodied employee. Furthermore, individuals with disabilities cannot be subjected to discrimination in any aspect of employment, including recruitment, hiring, continuation of employment, career advancement, and ensuring safe and healthy working conditions. (Implementing Rules and Regulations of Republic Act No. 10524)

Dealer’s Talk or Trader’s Talk (The case of Philippine Steel Coating Corporation v. Eduard Quiñones, G.R. No. 194533, April 19, 2017)

A warranty is not necessarily written. It may be oral as long as it is not given as a mere opinion or judgment. Rather, it is a positive affirmation of a fact that buyers rely upon, and that influences or induces them to purchase the product. (Philippine Steel Corporation v. Eduard Quiñones, G.R. No. 194533, April 19, 2017)

When can a foreign corporation be allowed to sue in the Philippines?

“No foreign corporation transacting business in the Philippines without a license, or its successor or assigns, shall be permitted to maintain or intervene in any action, suit or proceeding in any court or administrative agency of the Philippines; but such corporation may be sued or proceeded against before the Philippine courts or administrative tribunals on any valid cause of action recognized under Philippine laws.”