Laws and Court decisions

by Mario M. Banzon, Businessworld, Aug 9, 2017 THE SENATE approved on second reading the committee report seeking its concurrence in the ratification of the ILO Convention 151 or the Protection of the Right to Organize and Procedures for Determining Conditions of Employment in the Public Service on Monday.

By Atty. Josephus B. Jimenez (The Freeman), May 11, 2017 The women activists in this country should focus their attention to the thousands of women working in the night call centers.

Read the document here.

By: Jerome Aning, Philippine Daily Inquirer, Feb 18, 2013 The Supreme Court has upheld the policy of the Commission on Higher Education (CHEd) requiring teachers of tertiary schools to acquire postgraduate degrees to become tenured or regular employees.

By: Julie M. Aurelio, Philippine Daily Inquirer, Feb 12, 2017 Stressing that age does not matter in employment, the Department of Labor and Employment (Dole) has issued the implementing rules of Republic Act No. 10911 or the anti-age discrimination law.

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By Jose C. Sison (The Philippine Star), Dec 28, 2016 The general rule in Labor Law is that the burden rests on the employer to prove payment, rather than on the employees to prove non-payment of the wages she is entitled to. This is one of the issues raised and resolved in this case of…

Loss of earning capacity By Jose C. Sison, Philstar, Dec. 21, 2016 The heirs of a victim who died due to the recklessness and negligence of other people are entitled not only to indemnity for his death, moral and exemplary damages and attorneys’ fees but also for compensation due to loss of capacity to earn.…

By: Marc Jayson Cayabyab, INQINQUIRER.net, Dec. 01, 2016 Social Welfare Secretary Judy Taguiwalo on Thursday signed the implementing rules and regulations (IRR) of Republic Act 10754 or An Act Expanding the Benefits and Privileges of Persons with Disability (PWDs).

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appointive members of the SS Commission are not entitled to additional benefits not expressly provided in the SS law. Download full text here.

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Download the PDF here.

Amicus Curiae, Noelle Jenina Francesca E. Buan, Businessworld, Sep. 1, 2016 Following a series of public consultations held between June and August 2016, the National Privacy Commission (NPC) promulgated the Implementing Rules and Regulations (IRR) of Republic Act No. 10173 last Aug. 24, 2016.

See the texts here.

By Jose C. Sison (The Philippine Star), April 20, 2016 This case of Fred and Medy resolves the issue of whether RA 9262 violates the constitutional provisions on equal protection and due process of law particularly about the protection orders from the barangay and the courts to prevent the commission of further acts of violence…

MANILA, Philippines – Foreign business groups said the Philippines’ first data privacy law remains a “piece of paper” after nearly three years of its passing.

Usually, managerial employees are dismissed for breach of trust because they are holding positions of trust and confidence. But this case of Liza shows that even rank and file employees may be dismissed on the same ground.

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A person may have rights under our laws. But like all rights, they have limitations. So if one goes beyond these limitations he/she may be held liable for damages as demonstrated in this case of Karen.

Let us not over-react to the recent Supreme Court decision on the Cybercrime Prevention Act (RA 10175). We should carefully study the entire case first before attacking the court and its decision on the matter.

In exceptional cases, the court may grant separation pay to employees dismissed for a just cause as an act of “social justice” or on “equitable grounds.” But not in this case of Rina. Let us find out why.

The income tax filing deadline for calendar year (CY) 2013 (15 April 2014) is just around the corner, and once again the individual taxpayers are confounded with the issue of whether to report income and other receipts that are tax-exempt and those that have already been subjected to final tax in the annual income tax…

In administrative law, rulemaking is the process that executive agencies use to promulgate regulations. While the Legislative Department first sets broad policies and mandates by passing statutes/laws, it is upon these agencies to implement these laws and create a more detailed regulation through rulemaking.

In 1989, a labor union filed a petition with a sewing machine company to be the sole and exclusive bargaining agent that represents the company’s collectors. The company refused to recognize the labor union, explaining that the union members were not actually their employees but were independent contractors. To support its claim, the company showed…

Download the document here http://www.dole.gov.ph/files/DO%20131-13(2).pdf

Manila, Philippines – The Manila regional trial court has declared unlawful the mass layoff of 1,197 employees of the Manila City Hall and ordered their reinstatement and payment of their back wages.

If there is voluntary resignation and waiver or quitclaim, there can be no illegal dismissal. This is illustrated in this case of Tessie. Tessie was a flight attendant of a Mideast airline company (Saudia) having been hired on May 13, 1986. During the course of her employment she was assigned to work at the Manila…

What is the punishment for employees who joined an illegal strike? This is answered in this case of the 121 employees of a multipurpose livelihood cooperative and a motor corporation (MMLC and SMC) who joined a labor union (KMLMS). Of these employees 14 became union officers while 107 were union members.