Laws and Court decisions

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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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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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…

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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.

THE government may search an employee’s office computer without violating his constitutional right to privacy, even if it does so without a warrant, the Supreme Court ruled last month.

In illegal dismissal cases, it must be shown that there was in fact a dismissal. This is the argument raised by Vic. Vic was the owner of a moviehouse. One of his employees was Dario who had been hired as electrician/air-conditioner operator sometime in January 1983 receiving below the minimum wage salary of only P97…

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This is another case illustrating that a final decision can no longer be modified. This is the case of Lito who was hired as technical salesman by a company engaged in the distribution of various chemicals from foreign suppliers (MTI). After more than six years of employment, MTI terminated Lito’s services on July 15, 1997.

Ra06715, download PDF version

This is another case of resignation amounting to constructive dismissal. The test applied here is whether a reasonable person in the employee’s position would have felt compelled to give up his position under the circumstances. This is the case of Magno.