Laws and Court decisions

10 Mar 2023 – PAL women attendants win case over early retirement policy

Published by rudy Date posted on March 10, 2023
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21 Jan 2023 – SC orders Lazada: Reinstate illegally dismissed riders, provide backwages

Published by rudy Date posted on January 22, 2023

SC orders Lazada: Reinstate illegally dismissed riders, provide backwages James Relativo – Philstar.com January 21, 2023 | 12:26pm MANILA, Philippines — The Supreme Court ordered Lazada to reinstate five of their “illegally dismissed” riders after the High Court ruled that the laborers were actually regular workers — thus entitling them to backwages and benefits. In…

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Mother Tongue policy violates law, main study

Published by rudy Date posted on January 1, 2022

By: Estanislao C. Albano, Jr., Philippine Daily Inquirer, 1 Jan 2021 In his piece “English ‘pa more,’ the betterer’?” (Commentary, 12/4/21), Dr. Ricardo Ma. Nolasco wrote that the current Mother Tongue-based Multilingual Education (MTB-MLE) policy is “under review.” But during the language forum held by the Department of Education (DepEd) on Feb. 22, 2021, he…

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Notary public not required to determine validity of document

Published by rudy Date posted on December 15, 2021

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SSS, GSIS, ECC should ‘adopt liberal attitude’ in favor of employees’ compensation claims

Published by rudy Date posted on November 9, 2021

by Rey Panaligan, 9 Nov 2021, Manila Bulletin The Social Security System (SSS), the Government Service Insurance System (GSIS) and the Employees Compensation Commission (ECC) must adopt a liberal attitude in favor of employees in deciding claims for compensation, the Supreme Court (SC) said.

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Review of consumer laws pushed

Published by rudy Date posted on October 19, 2021

by Louella Desiderio – The Philippine Star, 19 Oct 2021 MANILA, Philippines — The Philippines should review and update its consumer laws to take into consideration the rise in digital transactions and increased access to product testing facilities, an Association of Southeast Asian Nations (ASEAN) study showed.

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Domestic violence

Published by rudy Date posted on August 6, 2021

by Jose C. Sison (The Philippine Star), 6 Aug 2021 This is the case of a lawyer Atty. Manuel Castro (Manny) and his wife Tina involving domestic violence that led to the filing of administrative complaint for disbarment and criminal case for violence against women against Manny. The main question that arises here is whether…

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Supreme Court: Philippines obliged to cooperate with ICC

Published by rudy Date posted on July 22, 2021

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European Union: Court of Justice rules headscarves can be banned at work

Published by rudy Date posted on July 20, 2021

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SC shows ‘mercy’ for ex-justice who fixed Napoles case

Published by rudy Date posted on July 7, 2021

By Marlon Ramos, 7 Jul 2021 MANILA, Philippines — A disgraced magistrate of the Sandiganbayan, who was sacked in 2014 for corruption in fixing an earlier criminal case of convicted plunderer Janet Lim Napoles, has won a reprieve from the Supreme Court.

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SC raises points against law that makes libel a crime

Published by rudy Date posted on July 1, 2021

By Marlon Ramos, 1 Jul 2021 Calls to decriminalize libel in the country may have received a boost by way of a landmark Supreme Court ruling that cleared broadcast media personality Raffy Tulfo, who was earlier sued and convicted for what he wrote about 22 years ago as a tabloid columnist.

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SC ends trademark confusion

Published by rudy Date posted on June 26, 2021

by Mary Ann LL. Reyes (The Philippine Star), 26 Jun 2021 Just recently, the Supreme Court put to an end the long-standing debate on whether the so-called holistic test can still be used by courts in determining whether or not trademark infringement has been committed.

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25 Jun 2021 – SC junks Kentex fire raps vs Gatchalian

Published by rudy Date posted on June 25, 2021

by Evelyn Macairan (The Philippine Star), 25 Jun 2021 MANILA, Philippines — The Supreme Court (SC) has affirmed the decision of the Court of Appeals (CA) dismissing the criminal and administrative charges filed against Valenzuela Mayor Rex Gatchalian in connection with the Kentex fire that claimed the lives of 74 slipper factory workers in 2015.

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SC affirms junking of admin, criminal charges vs Gatchalian over 2015 Kentex fire

Published by rudy Date posted on June 23, 2021

by Kristine Joy Patag (Philstar.com), 23 Jun 2021 MANILA, Philippines — The Supreme Court has upheld the dismissal of administrative and criminal charges against Valenzuela Mayor Rex Gatchalian and two other city officials over the 2015 Kentex fire that resulted in the death of 74 workers and injury to several others.

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21 June 2021 – SC: 30YO teacher, 16YO student’s romance not illegal

Published by rudy Date posted on June 21, 2021
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The Supreme Court decides a Cebu sexual harassment case

Published by rudy Date posted on May 28, 2021

by Atty. Josephus B. Jimenez (The Freeman), 28 May 2021 In the case of LEVI (disguised to protect the name of the company) versus Ms. M (hidden to respect the honor and dignity of the woman), GR 217101, the Supreme Court decided on February 12, 2020, against the company and in favor of the victim…

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Distinguishing fact, opinion, belief, and prejudice

Published by rudy Date posted on May 12, 2021

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COA: LRTA not liable for P461.5M compensation claim of workers

Published by rudy Date posted on March 9, 2021

By Peter Tabingo, 9 Mar 2021 ONE cannot squeeze blood out of a dry stone or water out of a parched land. With this pronouncement, the Commission on Audit denied a petition by a group of former rank-and-file workers demanding the payment of P461.55 million as compensation for their unjust dismissal from the Light Rail…

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Can employees be dismissed due to marriage or pregnancy?

Published by rudy Date posted on October 26, 2020

by Atty. Josephus B. Jimenez (The Freeman), 26 Oct 2020 The answer is no, as a general rule, especially for women workers. There are exceptions though that are applicable to men and I shall explain them below. Women cannot be dismissed due to marriage or for getting pregnant. Both the law and public policy, as…

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Cameramen win Supreme Court labor case vs GMA, get backwages

Published by rudy Date posted on September 22, 2020

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Business groups welcome SC ruling on warrantless searches

Published by rudy Date posted on August 23, 2020

by (Philstar.com), 23 Aug 2020 MANILA, Philippines — Eleven business groups on Sunday commended the Supreme Court for a decision made public this week that stressed that arrests made on the basis of warrantless searches based on anonymous tips are invalid.

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SC sees revised court rules to reduce frivolous suits

Published by rudy Date posted on August 20, 2020

By Benjamin Pulta, Manila Bulletin, 20 Aug 2020 MANILA – Supreme Court (SC) Chief Justice Diosdado Peralta on Thursday said frivolous suits clogging lower courts are expected to lessen following the overhaul of the rules of court.

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Decision No. 934/98, 2000 ONWSIAT 3346 (CanLII)

Published by rudy Date posted on May 18, 2020

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Re-reading a 20 year old decision in which I represented a taxi driver arguing he was an “employee” of the dispatch service, Blue Line (BL) in Ottawa. Striking how arguments I made then could apply equally to “gig” workers today.

Published by rudy Date posted on May 17, 2020

Re-reading a 20 year old decision in which I represented a taxi driver arguing he was an "employee" of the dispatch service, Blue Line (BL) in Ottawa. Striking how arguments I made then could apply equally to "gig" workers today. Thread: — David J. Doorey (@TheLawofWork) May 17, 2020

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Crackdown vs ‘heartless businessmen’ readied

Published by rudy Date posted on February 8, 2020

DA assails profiteers for exorbitant prices of fish, vegetables, poultry By: Roy Stephen C. Canivel, Philippine Daily Inquirer, 8 Feb 2020 The retail prices of fish, poultry and vegetables have become so expensive that they are beyond acceptable, prompting the Department of Agriculture (DA) to crack down against profiteering and run after all those “heartless…

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Oral partition of inherited property is valid

Published by rudy Date posted on December 17, 2019

By Persida Acosta, Manila Times, 17 Dec 2019 Dear PAO, My problem is my sister who wants to get all the properties left by our parents. She sued me and my brother in court, claiming that we should give her share on the estate left by our parents. The case was referred to mediation and,…

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Release service charges in full—Villanueva

Published by rudy Date posted on December 3, 2019

by Macon Ramos-Araneta, Manila Standard, 3 Dec 2019 The Service Charge Law intends to distribute fully the fees collected from restaurants, hotels, and resorts, among other establishments, to workers who provide the service regardless of whether their employment status is regular or contractual, according to Senator Joel Villanueva.

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SC junks petition on same-sex marriage

Published by rudy Date posted on September 4, 2019

by Dona Z. Pazzibugan, Philippine Daily Inquirer, Sep 4, 2019 MANILA, Philippines — While recognizing that same-sex couples have a right against discrimination, the Supreme Court on Tuesday dismissed as “premature” a petition that seeks to legalize same-sex marriage, and castigated the petitioners for using the issue to pull a publicity stunt.

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Service Charge Law: Populist and anti-entrepreneur

Published by rudy Date posted on August 28, 2019

by Andrew J. Masigan (The Philippine Star) – Aug 28, 2019 President Rodrigo Duterte signed Republic Act No. 11360 or the Service Charge Law earlier this month. The law mandates hospitality establishments like hotels and restaurants to distribute 100 percent of service charges to its rank and file employees. The law is not clear whether…

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Hotel, restaurant employees get 100% of service charge with new law

Published by rudy Date posted on August 13, 2019

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March – Women’s Month

“Every month should be women’s month.”

 

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