A contract of insurance is an agreement whereby one undertakes for a consideration to indemnify another against loss, damage or liability arising from an unknown or contingent event. (Sec. 2(a) of R.A. No. No. 10607, also known as “The Insurance Code”)
Legal or Intestate Succession, also called Intestacy, is a mode of succession which generally takes place when a person (“decedent”) dies without a will. Under this mode, it is the law which will dictate the proper distribution of the decedent’s whole estate. Heirs who inherit under legal or intestate succession are called “intestate heirs.”
Article 86 of the Labor Code provides that every employee shall be paid a night shift differential of not less than 10% of his regular wage for each hour of work performed between 10:00 PM and 6:00 AM. On the other hand, overtime pay is the additional compensation of at least 25% on the regular wage for the service or work rendered or performed in excess of eight (8) hours a day by Ees or laborers in employment covered by the eight (8)-hour Labor Law. (Art. 87, LC)
The conviction required proof of: (1) Recruitment, transportation, transfer, harboring, or receipt of persons, with or without consent; (2) use of coercion, deception, or exploitation methods; (3) exploitation for purposes such as sexual exploitation, forced labor, or organ removal; and (4) the victim being under 18 years old. The court confirmed that all these elements were met in this case, establishing the guilt of the accused.
In life insurance, the insured may insure someone else’s life, and designate himself as the beneficiary provided that he has insurable interest over the life of the person whom he insures.
The law and jurisprudence, on the other hand, allow the award of nominal damages in favor of an employee in a case where a valid cause for dismissal exists but the employer fails to observe due process in dismissing the employee. Financial assistance is granted as a measure of equity or social justice, and is in the nature or takes the place of severance compensation. (Libcap Marketing Corp. V. Lanny Jean B. Baquial, G.R. No. 192011, June 30, 2014)
While the law requires the highest degree of diligence from common carriers in the safe transport of their passengers and creates a presumption of negligence against them, it does not, however, make the carrier an insurer of the absolute safety of its passengers.
Article 1755 of the Civil Code qualifies the duty of extraordinary care, vigilance[,] and precaution in the carriage of passengers by common carriers to only such as human care and foresight can provide. What constitutes compliance with said duty is adjudged with due regard to all the circumstances.
When the buyer of the goods is or becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transitu, that is to say, he may resume possession of the goods at any time while they are in transit, and he will then become entitled to the same rights in regard to the goods as he would have had if he had never parted with the possession. (Article 1530, Civil Code)
“A VAT-registered person shall issue a VAT Invoice for every sale, barter, exchange, or lease of goods or properties, and for every sale, barter, or exchange of services.” (Section 113, National Internal Revenue Code of 1997 as amended by Section 21, Ease of Paying Taxes Act)
This duty of extraordinary diligence applies regardless of whether the passenger pays a fare (as a paying passenger) or rides gratuitously (without charge). Nonetheless, the law also provides that when a passenger is carried gratuitously, a stipulation limiting the common carrier’s liability for negligence is valid, but not for wilful acts or gross negligence.
