Laws and Court decisions

Supreme Court: Signatures on anomalous deals don’t prove execs’ liability

Published by rudy Date posted on April 9, 2018

by Edu Punay (The Philippine Star) – Apr 9, 2018 MANILA, Philippines — Mere approval of anomalous contracts does not automatically make government officials liable, the Supreme Court said.

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Dishonorable and contemptible

Published by rudy Date posted on October 25, 2017

By Jose C. Sison (The Philippine Star), Oct 25, 2017 The public and malicious imputation of a crime, or a vice or defect, real or imaginary, or any act, omission, condition, status or circumstances tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one…

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Senate approves ILO convention on gov’t workers’ right to organize

Published by rudy Date posted on August 9, 2017

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.

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Night call centers, hazardous to female workers

Published by rudy Date posted on May 11, 2017

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.

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Department Order No. 174, Rules Implementing Articles 106-109 of the Labor Code

Published by rudy Date posted on April 7, 2017

Read the document here.

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College profs must have master’s degrees, SC rules

Published by rudy Date posted on February 18, 2017

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.

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IRR of anti-age discrimination law issued

Published by rudy Date posted on February 12, 2017

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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G.R. No. 195654 – Aggrieved workers may rescind a compromise agreement and insist on their original demand upon failure and refusal of the enterprise to abide by the compromise agreement.

Published by rudy Date posted on January 26, 2017

Download the PDF here.

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[T]he burden rests on the employer to prove payment, rather than on the employees, to prove non-payment of the wages she is entitled to

Published by rudy Date posted on December 28, 2016

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…

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“Heirs of victim of recklessness and negligence entitled also for compensation dues to loss of capacity to earn”

Published by rudy Date posted on December 21, 2016

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.…

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IRR of PWD law inked

Published by rudy Date posted on December 1, 2016

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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G.R. No. 210903 – The Phl President needs to approve increase in salary or compensation of GOCCs/CFIs that is not in accordance with the Salary Standardization Law

Published by rudy Date posted on November 16, 2016

Download here.

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GR 210940 – Salaries and benefits to be granted by the SSS, as mere trustee of the fund for the welfare and benefit of workers and employees in the private sector, must always be reasonable; …

Published by rudy Date posted on November 16, 2016

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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Republic Act No. 10911 – Anti-Age Discrimination in Employment Act

Published by rudy Date posted on November 1, 2016

Download the PDF here.

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Republic Act No. 10906 – Anti-Mail Order Bride Law

Published by rudy Date posted on November 1, 2016

Download the PDF here.

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National Privacy Commission promulgates IRR of Data Privacy Act of 2012

Published by rudy Date posted on September 1, 2016

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.

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Overseas Workers Welfare Administration Act

Published by rudy Date posted on May 16, 2016

See the texts here.

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Weaker sex

Published by rudy Date posted on April 20, 2016

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…

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JFC laments non-implementation of Data Privacy Act

Published by rudy Date posted on August 31, 2015

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

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Reasonable basis

Published by rudy Date posted on February 4, 2015

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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TESDA Circular No. 31, S.2012, Guidelines in the Implementation of DTS Programs and Dualized Training Programs

Published by rudy Date posted on September 22, 2014

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Republic Act No. 7686 – Dual Training System of 1994

Published by rudy Date posted on August 20, 2014

Download the texts here.

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Rights and responsibilities

Published by rudy Date posted on August 20, 2014

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.

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Unnecessary, not unconstitutional

Published by rudy Date posted on February 24, 2014

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.

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Serious offenses

Published by rudy Date posted on February 12, 2014

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.

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Supplemental information: Is the mandatory disclosure now?

Published by rudy Date posted on February 11, 2014

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…

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A thinning line

Published by rudy Date posted on February 4, 2014

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.

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No employer-employee relationship for agents on commission

Published by rudy Date posted on October 13, 2013

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…

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DOLE Department Order No. 131-13 Rules on Labor Compliance System

Published by rudy Date posted on August 12, 2013

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

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Court orders reinstatement of 1,197 dismissed employees

Published by rudy Date posted on June 22, 2012

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.

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December – Month of Overseas Filipinos

“National treatment for migrant workers!”

 

Invoke Article 33 of the ILO constitution
against the military junta in Myanmar
to carry out the 2021 ILO Commission of Inquiry recommendations
against serious violations of Forced Labour and Freedom of Association protocols.

 

Accept National Unity Government
(NUG) of Myanmar.
Reject Military!

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