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What You Need to Know About the Philippine Lemon Law

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Are you planning on getting a car soon? Getting a car is always a huge life accomplishment, but it’s also an equally huge investment. The possibility of getting a car with immediate issues is nerve wracking. Thankfully, the Philippine Lemon Law aims to protect us consumers from these situations. Consumers with brand-new motor vehicle issues may avail of the remedies under the Philippine Lemon Law, the Consumer Act, or other applicable laws.  R.A. No 10642, more commonly known as the Philippine Lemon Law, aims to promote full protection to consumers against businesses and trade practices that are deceptive or unfair to its consumers. It recognizes that a motor vehicle is a major purchase and investment, hence redress for violations shall be clearly defined.  What is the coverage of the Lemon Law?  The Lemon Law covers brand new motor vehicles purchased in the Philippines reported by a consumer to be in nonconformity with the vehicle’s manufacturer or distributor’s standards or specifications within twelve (12) months from the date of original delivery to the consumer, or up to twenty thousand (20,000) kilometers of operation after such delivery, whichever comes first. situs toto idn slot togel slot A Brand new motor vehicle refers to a vehicle constructed entirely from new parts and covered by a manufacturer’s express warranty at the time of purchase that it has never been sold or registered with the Department of Transportation and Communications (DOTC) or an appropriate agency or authority, and has never been operated on any highway of the Philippines, or in any foreign state or country. (Sec 3 [a])  What is not covered under the Lemon Law? If you wish to utilize the Lemon Law, it should be noted that the followingshall be excluded: When can one invoke his/her Lemon Law rights? At any time within the Lemon Law rights period (or within twelve (12) months from the date of original delivery or up to twenty thousand (20,000) kilometers of operation after such delivery) and after at least four (4) separate repair attempts by the same manufacturer, distributor, authorized dealer or retailer for the same complaint, and the nonconformity issue remains unresolved, the consumer may invoke his or her Lemon Law rights.  Process of Availment of Lemon Law Rights Section 6 and 7 of the Philippine Lemon Law provides that:  Documentary Requirements to Avail Lemon Law Rights Under Sec. 3, Rule III of the Lemon Law’s IRR, in order for the consumer to invoke the Lemon Law rights, the following documents are necessary: What are the remedies that may be availed under the Lemon Law?  While the vehicle is under repair and during the period of availment of the Lemon Law rights, the consumer shall be provided a reasonable daily transportation allowance to compensate for the temporary non-usage of the vehicle.  The transportation allowance is an amount which covers the transportation of the consumer from his or her residence to his or her regular workplace or destination and vice versa, equivalent to air-conditioned taxi fare, as evidenced by official receipt, or in such amount to be agreed upon by the parties, or a service vehicle at the option of the manufacturer, distributor, authorized dealer or retailer. In case the dispute is ruled in favor by the Complainant, the DTI may grant either of the following remedies to the consumer: (i) Replace the motor vehicle with a similar or comparable motor vehicle in terms of specifications and values, subject to availability; or (ii) Accept the return of the motor vehicle and pay the consumer the purchase price plus the collateral charges. On the other hand, in case there is no nonconformity found by the DTI, the DTI shall direct the consumer to reimburse the manufacturer, distributor, authorized dealer or retailer the costs incurred by the latter in validating the consumer’s complaints.

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What’s the Difference Between Reclassification and Conversion of Land?

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If you have a plot of land, what exactly do you plan to do with it? Depending on its classification and its current state, you might have some limitations on what you can do. For example, if it’s classified as agricultural land, you won’t be able to use it for commercial purposes. If you want to use it for non-agricultural purposes, you, as the owner, are required to file for a land use reclassification. But you would also have to undergo land conversion afterwards. But what are these terms? And what are the differences between the two? Here’s what you need to know. What is Reclassification of Land? Reclassification of land refers to the act of specifying how agricultural lands shall be utilized for non-agricultural purposes. These purposes can be residential, industrial, or commercial.  According to RA No. 6657, or the Comprehensive Agrarian Reform Law of 1988, convertible lands can be reclassified through the local government unit or through a Presidential Proclamation. slot gacor 4d situs toto situs toto However, land classification doesn’t automatically allow a landowner to use the land for non-agricultural purposes. The act of reclassifying agricultural lands to non-agricultural uses simply specifies how agricultural lands shall be utilized for non-agricultural uses and does not automatically convert agricultural lands to non-agricultural uses or for other purposes. Therefore, in order for reclassified lands to be used for the purpose to which they are intended there is still a need to change the current use thereof through the process of conversion. (CREBA vs. The Secretary of Agrarian Reform, G.R. No. 183409,  June 18, 2010) What is Conversion of Land? Conversion of land is the process of changing the current physical use of a plot of agricultural land for non-agriculture purposes, or any other agricultural use that does not include cultivating soil, planting crops, growing trees, or harvesting any produce. The issuance of conversion orders are approved by the DAR. It is clear from the aforesaid distinction between reclassification and conversion that agricultural lands though reclassified to residential, commercial, industrial or other non-agricultural uses must still undergo the process of conversion before they can be used for the purpose to which they are intended. It should be noted, however, that not all agricultural land plots are eligible for land use conversion. A land is only eligible for conversion if: What is the Process of Conversion of Land? It’s a good idea to know the general procedure of land conversion before you begin converting your own parcel of agricultural land. Here is an overview of the process of land conversion, so that you know what to expect. DOCUMENTARY REQUIREMENTS:  WHERE TO FILE THE APPLICATION? Other requirements and processes may be found here: 

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Is the absence of one spouse evidence of psychological incapacity?

Leave a Comment / Case Digest, Jurisprudence

Doctrine: Unjustified Absence from Marital Home Considered Psychological Incapacity Facts:  Leonora and Alfredo married on June 9, 1984. Their married life started smoothly, but Alfredo’s behavior later on changed. He would come home late or early morning after a night out with friends. He neglected his duty and did not provide food for the family. He treated Leonora as an ordinary occupant of the house, not as his wife. Alfredo also engaged in illicit affairs.  In 1994, they separated. The same year, Alfredo married another woman. Then in 2000, he married another one. Alfredo abandoned his family with Leonora and did not provide any financial support.  restoslot4d amintoto amintoto Leonora then filed a Petition for Declaration of Nullity of Marriage. Dr. Ison, a clinical psychologist, found Alfredo to be suffering from narcissistic personality disorder with underlying borderline personality traits.  Issue: Whether or not Alfredo can be considered as psychologically incapacitated? Ruling:  Yes. After leaving his family in 1994 and contracting marriage with different women, Alfredo never gave financial support to his children and only visited them once for less than an hour. These indicate that he did not understand his obligations as a husband and father. Article 68 of the Civil Code provides: The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support. Through Dr. Isons’s testimony who was presented as an expert witness, Leonora was able to prove that her husband Alfred’s psychological disorder is grave, incurable  and permanent. Dr. Ison explained how Alfredo’s personality disorder developed from his childhood and how it is collated to his inability to fulfill his obligations as a husband and father.  The gravity of his personality disorder is shown by his lack of recognition that he has responsibilities to his wife and children. The incurability of his disorder was also explained when Dr. Ison stated in his Judicial Affidavit that those diagnosed with narcissistic personality disorder “strongly deny that they are mentally ill, reject the idea of seeking professional help and therefore refuse any form of psychiatric treatment.” Alfredo’s infidelity, failure to give support to his wife and children, and unjustified absence from his family are all indicative that he is not cognizant of his duties and responsibilities of a husband and father. Hence, the Petition was GRANTED.

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When can foreign divorce be recognized in the Philippines?

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FACTS: On December 8, 2004, Ruby Cuevas Ng, a Filipino citizen, and Akihiro Sono, a Japanese national, contracted marriage in Quezon City. Their union bore them a child named Rieka Ng Sono. amintoto totoagung2 restoslot4d sakuratoto3 totoagung2 totoagung slotgacor4d sakuratoto qdal88 restoslot4d slotgacor4d sakuratoto2 restoslot4d slotgacor4d slot thailand cantiktoto restoslot4d totoagung restoslot4d situs toto sakuratoto totoagung amintoto totoagung slot totoagung slotgacor4d amintoto restoslot4d totoagung slotgacor4d slotgacor4d restoslot4d daftar slot gacor slot gacor 4d totoagung2 amintoto amintoto cantiktoto situs toto slot slotgacor4d slotgacor4d amintoto qdal88 qdal88 restoslot4d amintoto sakuratoto3 slotgacor4d toto slot amintoto idn slot amintoto slotgacor4d situs toto slotgacor4d   After their marriage, the spouses moved to Japan. Unfortunately, their relationship turned sour and they later decided to obtain a divorce. Thus, on August 31, 2007, they secured a “divorce decree by mutual agreement” in Japan as evidenced by the Divorce Certificate issued by the Embassy of Japan in the Philippines. The DFA in Manila then provided an Authentication Certificate and a Certificate of Acceptance of Notification of Divorce. Likewise, the City Civil Registry Office of Manila released a Certification guaranteeing that the Divorce Certificate provided by the Embassy of Japan in the Philippines was filed and recorded in its office. So, too, the fact of divorce was duly recorded in the Civil Registry of Japan as exhibited by the original copy of the Family Registry of Japan bearing the official stamp of the Mayor of Nakano-Ku, Tokyo, Japan, and supported by its corresponding English translation. cantiktoto login pay4d On May 28, 2018, Ruby filed a Petition for judicial recognition of foreign divorce and declaration of capacity to remarry before the QC RTC.    During the initial hearing, the RTC admitted all the documentary evidence submitted by Ruby for purposes of compliance with jurisdictional requirements.  The RTC also allowed her to present her evidence ex parte after making a declaration of general default.   On January 3, 2019, the RTC granted the Petition on the thrust of Article 26, paragraph 2 of the Family Code of the Philippines, ratiocinating that there was a valid divorce obtained by Ruby abroad.    Displeased, petitioner Republic of the Philippines, as represented by the OSG, moved for the reconsideration of the Decision, which was eventually denied by RTC. After, the OSG challenged the RTC Decision before the Supreme Court, arguing that the RTC gravely erred in judicially recognizing a foreign divorce that was obtained by mere mutual agreement between the spouses. It centers around how Ruby and Akihiro Sono obtained their divorce, positing that a “divorce by agreement” is not worthy of recognition in the Court’s jurisdiction. Clearly, for a foreign divorce to be recognized in the Philippines, it must be decided by a court of competent jurisdiction. The OSG further argued that Ruby failed to prove the foreign divorce law as she did not proffer an authenticated copy of the Japanese Civil Code or one held by the official repository of custodian of Japanese public laws and records. ISSUES: 1.WON the provision under Article 26(2) of the Family Code does not apply instant case as the divorce decree was obtained by mutual agreement and not through an adversarial proceeding in court; and ● WON Ruby was able to prove the applicable law on divorce in Japan. RULING: 1.No, Article 26(2) of the Family Code applies in the instant case.    At the onset, it bears stressing that Philippine laws do not provide for absolute divorce; hence, our courts cannot grant it. Nevertheless, jurisdiction is conferred on Philippine courts to extend the effect of a foreign divorce decree to a Filipino spouse without under going trial to determine the validity of the dissolution of marriage. Article 26 of the Family Code – which addresses foreign marriages or mixed marriages involving a Filipino and a foreigner – allows a Filipino spouse to contract a subsequent marriage in case the divorce is validly obtained abroad by an alien spouse capacitating him or her to remarry. The provision states:   Article 26. All marriages solemnized outside the Philippines in   accordance with the laws in force in the country where they were solemnized,   and valid there as such, shall also be valid in this country, except those   prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.   Where a marriage between a Filipino citizen and a foreigner is validly celebrated   and a divorce is thereafter validly obtained abroad by the alien spouse capacitating   him or her to remarry, the Filipino spouse shall likewise have capacity to remarry   under Philippine law.   The case of Fujiki v Marinay elucidates the nature of Article 26, paragraph 2 of the Family Code, thus –    The second paragraph of Article 26 is only a corrective measure to   address the anomaly that results :from a marriage between a Filipino, whose   laws do not allow divorce, and a foreign citizen, whose laws allow divorce.   The anomaly consists in the Filipino spouse being tied to the marriage while   the foreign spouse is free to marry under the laws of his or her country. The   correction is made by extending in the Philippines the effect of the foreign   divorce decree, which is already effective in the country where it was rendered. In the landmark case of Republic v.Manalo, the Court emphatically declared that Article 26(2) of the Family Code only requires that there be a divorce validly obtained abroad capacitating the foreigner spouse to remarry, without regard as to who initiated it. Manaloinstructs that there must be a confluence of two elements in order for the second paragraph of the law to be validly applied, to wit: (1) there is a valid marriage that has been celebrated between a Filipino citizen and a foreigner; and (2) valid divorce obtained capacitating the parties to remarry regardless of the spouse who initiated the divorce proceedings.   Significantly, the Court clarified that pursuant to the majority ruling in Manalo, Article 26(2) applies to mixed marriages where the divorce decree is (1) obtained by the foreigner spouse; (2) obtained jointly by the Filipino and foreign spouse; and (3) obtained solely by the Filipino spouse.    Accordingly, the Court concluded that “the divorce obtained by petitioner abroad against her foreign husband, whether at her behest or acquiescence, may be recognized as valid in this jurisdiction so long as

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Is concrete evidence required to convict a perpetrator? | XXX261049 vs. PEOPLE OF THE PHILIPPINES

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Facts: In four criminal cases, XXX26l049 was charged with violation of Section 4(a) of RA No. 9995. AAA261049, BBB261049, and DDD261049 are sisters, while CCC261049 is their cousin. XXX261049 is their uncle, who frequented their house as he was tasked to supervise the ongoing renovation at that time. AAA261049 testified that on October 11, 2016, she saw her uncle enter the bathroom. After about five minutes, XXX261049 came out, prompting AAA261049 to get her hot water and take her turn in the bathroom. As she was preparing, she noticed a tiny light shining through a small hole in a Safeguard soap box on top of the shelf. Upon checking what was inside the soap box, she saw a Blackberry cellular phone with the video on for around nine minutes already. She immediately recognized the phone as XXX261049’s. slot gacor slot gacor 4d slot gampang scatter agen slot slot gacor 4d gacor4d agen toto slot slot thailand gacor slot gacor 4d slot gacor 4d terbaru link gacor togel online slot server thailand toto slot situs toto 4d slot gacor togel online resmi situs toto totoagung toto slot situs toto situs toto totoagung login situs gacor slot bonus situs toto situs slot bandar toto gacor4d toto slot slot gacor 4d agen slot gacor gacor4d bandar togel situs toto macau agen toto slot idn slot toto slot situs pay4d bandar togel online slot qris slot thailand situs toto agen slot gacor situs toto link gampang menang slot gacor 2025 pay4d link bandar togel idn toto angka jitu gacor4d toto togel situs judi slot cantiktoto link alternatif pay4d slot Scared but curious, AAA261049 checked the recording and saw XXX261049 in the act of setting up the phone in the bathroom at the beginning of the video. Shocked at her discovery, she hastily deleted the video. She browsed further through the phone’s contents and saw several nude videos, not only of herself, but also those of BBB261049, DDD261049, and CCC261049, while taking a bath in the same area. With quick thinking this time, before she deleted the videos from XXX26l049 ‘s phone, AAA261049 hurriedly got her own phone and, thereafter, came back to capture snippets and stills of the malicious videos from XXX261049’s phone. Unfortunately, as she was rushing, AAA261049 was not able to capture a video or photo with DDD261049 in it. They then copied the nude stills from AAA261049’s phone to a DVD-R and made printed copies for evidentiary purposes. The next day, they reported the incident to the barangay. After trial, the RTC rendered the Joint Decision 24 dated February 8, 2019. In Criminal Case Nos. 18882, 18883, and 18884, the RTC found the testimonies of the prosecution witnesses, which were corroborated by the authenticated video and photos submitted in evidence, credible and sufficient to support a conviction for the violation of Section 4(a) of RA No. 9995. However, in Criminal Case No. 18885, the RTC found insufficient evidence to convict XXX261049 since no photo or video of DDD261049 was presented. On appeal, the CA affirmed the RTC Joint Decision in its entirety. Hence, this Petition. XXX261049 reiterates his acquittal since the pieces of evidence against him are entirely circumstantial and, as such, insufficient to justify his conviction. He argues that each circumstance relied upon by the courts a quo was solely hinged upon the incredible testimonies of the prosecution witnesses and that there was no proof to corroborate AAA261049’s claim that she saw XXX261049 in one of the videos, setting up the phone in the bathroom. Issue: Was XXX261049’s guilt for the violation of Section 4(a) of RA No. 9995 proven beyond reasonable doubt? Parsed from Sec. 4 of RA 9995, “photo or video voyeurism” is committed when: 1. The accused takes a photo or video coverage of a person or group of persons performing sexual act or any similar activity or captures an image of the private area of a person or persons such as the naked or undergarment-clad genitals, pubic area, buttocks or female breast; 2. The photo or video was taken without the consent of the person/s involved; and 3. The photo or video was taken under circumstances in which the person/s has/have a reasonable expectation of privacy. The Court affirms the uniform findings of the RTC and the CA on the existence of all these elements. First, it is undisputed that videos of AAA261049, BBB261049, and CCC261049 while taking a bath naked were captured through a built-in video recorder in a Blackberry phone. Anent the second element, there is no question that the malicious videos were taken without the consent of the victims because it was intentionally done in an unobtrusive manner, i.e., through a phone hidden in a soap box. As to the last element, needless to say, the videos were discreetly taken in a bathroom, i.e., under “circumstances in which a reasonable person would believe that he/she could disrobe in privacy, without being concerned that an image or a private area ofthe person was being captured or circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public, regardless of whether that person is in a public or private place.” Contrary to XXX261049’s insistence, AAA261049’s failure to make a copy of the video which showed XXX261049’s face does not undermine the credibility of her testimony. “It is settled that there could be “no hard and fast gauge [to measure one’s] reaction or behavior when confronted with a startling, not to mention horrifying, occurrence x x x. Witnesses[, more so victims,] of startling occurrences react differently depending upon their situation and state of mind, and there is no standard form of human behavioral response when one is confronted with a strange, startling or frightful experience. x x x” Also, the lack of ill motive on the part of the prosecution witnesses further strengthens their credibility. Jurisprudence tells us that witnesses were not ill- motivated in testifying when there is no evidence of such ill or improper motive. Here, the

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How should the backwages of an illegally dismissed employee be computed?: C.P. Reyes Hospital v Barbosa

Leave a Comment / Case Digest, Jurisprudence

G.R. 228357, 16 April 2024 Facts In September 2013, Barbosa signed a six-month probationary employment contract with C.P. Reyes Hospital. During this period, she would train as a Staff Nurse, then as a Ward Head Nurse, then as a Training Supervisor. However, on December 30, 2023, C.P. Reyes Hospital terminated her probationary employment, citing negative performance feedback. toto macau 4d sugar rush x1000 game slot toto slot slot gacor 4d bandar togel sgp slot thailand situs toto slot online slot gacor slot gacor 4d slot gacor 4d togel slot slot gacor 4d togel online terpercaya toto slot toto slot agen judi bola toto togel toto slot daftar totoagung togel slot slot gacor 4d slot gacor 4d login slot gacor slot qris link gacor slot gacor slot qris togel slot link gacor toto slot idn toto restoslot4d pay4d panel slot qris terbaru slot gacor maxwin toto slot slot gacor olympus idn slot slot gampang menang bandar togel terpercaya amintoto angka akurat slot gacor 4d toto slot slot gacor 4d This prompted Barbosa to file a complaint for illegal dismissal against C.P. Reyes Hospital. The Labor Arbiter ruled in favor of  Barbosa and ruled that she was illegally dismissed. The LA based its decision on the numerical passing marks given by Barbosa’s evaluators showing that she successfully met C.P. Reyes Hospital’s standards. daftar cantiktoto pay4d login The NLRC subsequently reversed the decision of the Labor Arbiter, but the Court of Appeals reinstated the Labor Arbiter’s ruling in favor of Barbosa. Barbosa filed a petition for review on certiorari with the Supreme Court. Issues: Ruling The Supreme Court ruled that Barbosa was illegally dismissed; and hence, entitled to backwages. Probationary employment may be terminated when the employee fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of engagement. However, in Barbosa’s case, the Court found her dismissal baseless since she obtained the passing grades needed to meet the standards for regularization based on the probationary employment contract. On the other hand, the Court found C.P. Reyes Hospital’s claims of unsatisfactory performance as ungenuine as they were only issued two weeks after Barbosa had already been terminated and without an accompanying performance evaluation. As Barbosa was illegally dismissed, she is entitled to reinstatement, full back wages, and other benefits. The Court clarified that illegally dismissed probationary employees, like regular employees, are entitled to backwages up to their actual reinstatement and not only until the end of their probationary period. In case reinstatement is not feasible, backwages shall be computed from the time compensation was withheld up to the finality of the Decision in the illegal dismissal case. The Court held that both the Constitution and the Labor Code did not distinguish between regular and probationary employees in guaranteeing the right to security of tenure. It added that the mere lapse of the probationary period without regularization does not by itself sever the employment relationship. Without any valid grounds to dismiss a probationary employee, there is no basis to terminate the employment. Thus, the employee is entitled to work even beyond the probationary period. The Court thus ruled that in Barbosa’s case, backwages should be computed from January 1, 2014, when compensation was withheld from her, until the finality of the Court’s decision.

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The Differences Between Contract to Sell vs Contract of Sale

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Acquiring property is a process that is known for its long, complicated paperwork. It can be confusing and overwhelming to keep track of it all throughout the process. However, it’s essential for you to know the differences of each one to ensure that you don’t make any mistakes. Two documents that one might assume are the same are the ‘contract to sell’ and the ‘contract of sale.’ While they sound similar, they are certainly not interchangeable. Knowing the differences early on will make the property transaction process much easier for you later. Here’s what you need to know about the Contract to Sell and the Contract of Sale. What is a Contract to Sell? A contract to sell is a bilateral contract, meaning both parties involved have agreed to fulfill their part of the deal. In this case, the seller has agreed to sell his/her property to the buyer, and the buyer has confirmed his/her intent to buy it.  slot qris totoagung slot qris However, the property is not immediately put under the new buyer’s name. The transfer of ownership will only occur when certain conditions that are agreed on by both parties are met. This contract reserves ownership of the property for the buyer until both parties are able to fulfill their respective conditions. data macau slot thailand slot qris toto slot slot gacor maxwin pay4d sbobet bandar toto toto macau 4d totoagung toto macau pay4d toto slot slot gacor 777 slot terpercaya slotgacor4d slot 4d toto macau situs togel online idn togel slot gacor 4d slot gacor 4d slot thailand slot olympus toto slot slot gacor situs toto gacor situs toto Examples of conditions that one or both parties must fulfill before the actual transfer include: Once these conditions are met, the buyer and seller can then proceed with the transfer of ownership. What is a Contract of Sale? A contract of sale is also an agreement between the seller and buyer, whereby the seller has agreed to sell his/her property to the buyer and the buyer has agreed to pay for it. Unlike a contract to sell, however, the transfer of ownership occurs immediately once the contract of sale is signed, the buyer has fully paid, and the seller has given the property to the buyer.  pay4d heylink Take note that while it is possible to sell items or properties that are non-existent at the time of sale, such as a pre-sold condominium unit in a condominium building that has not yet been built, you likely won’t encounter a contract of sale for such a situation. It’s more common for contracts of sale to pop up if the property already exists. A buyer and seller can agree to a transfer of ownership before the buyer has fully paid, under the condition that if the buyer fails to complete his/her payment, the seller has the right to take back the property.  What are the main differences? The main way you can differentiate these two documents is remembering how it handles the transfer of ownership. Under a contract to sell, the transfer is withheld until both parties fulfill the conditions given to them. Under a contract of sale, the transfer is immediate. However, the seller can take it back if the buyer fails to pay. It’s important to understand the differences between the two if you’re planning on dealing with property, either as a buyer or seller. Otherwise, you could run into misunderstandings with the other party, which could then snowball into unnecessary legal disputes. It’s also important to have a trustworthy real estate attorney to help you throughout the transaction process.

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Employment Contract Red Flags That You Should Watch Out For

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Nowadays, job hunting is a painstaking process. There is indescribable relief when an employer finally tells you that they want you in their team. All you have to do now is wait for the employment contract so that you can make things official. But first, you have to read all the terms of the contract in full. Reading through the employment contract is one of the most crucial parts of the job hunting process. It’s important to make sure that you’re not accidentally agreeing to something that could be unfair to you as an employee. Here are some red flags to look out for in employment contracts so you can protect yourself and your career. The contract has vague information or choice of words. Pay attention to the clarity or vagueness of the terms of the employment contract. Some employers write their contracts using vague choice of words to deliberately create loopholes that they can take advantage of. For example, the job description could be written vaguely so that they can add responsibilities to your workload that weren’t in the job posting. If that happens, you won’t be able to dispute it properly in the future, because your employer can always claim that these responsibilities are technically in the job description. Read the contract carefully to make sure that it has no room for potential loophole exploitation. idn slot pay4d qdal88 toto slot toto macau slot gacor maxwin pay4d slot 4d toto slot gacor 4d idn toto slot gacor malam ini toto slot slot maxwin toto slot 4d gacor4d login The contract has unreasonable clauses. Most employment contracts have multiple clauses. It’s important to note that not all contract clauses are unreasonable. It would be up to your discernment to determine if these clauses are there to protect the company’s rights, or if they’re trying to take advantage of you as an employee. You can encounter different kinds of clauses in employment contracts. Here are a few examples: pay4d group Note that these aren’t the only contract clauses you can find in your employment contract. Once you receive a copy of your employment contract, be sure to read everything carefully. Think about how the clause can affect your future career and relationship with your employer. There are inaccuracies that don’t reflect what you and the employer have agreed upon.  If your employer has promised you something during your interview, such as a certain salary range, job title, or level of seniority, make sure that they are reflected in your contract. Many companies will tell you what you want to hear only to write something completely different in the contract.  This also applies to any inconsistencies between the original job posting and your contract. For example, the duties in the contract could be entirely different from what’s on the job posting. You could end up stuck with too much in your workload. The could also assign you responsibilities that you did not want to do.  If there are any inconsistencies in your contract, be sure to bring it up with the hiring manager. If they are unwilling to re-negotiate their terms, you may have to reconsider accepting the offer.

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What makes a quitclaim invalid? Naldo et al. v. Corporate Protection Services, Phils., Inc. (CORPS) and/or Buddy Robrigado and Benjamin Sesgundo

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Facts Petitioners Domingo Naldo, Jr., Rogelio Benitez, Isidro Alfonso, Jr., Ronaldo Ledda, Bernardo Fabulare, Armando De Luna, and Nelson Villacentino (collectively, petitioners) were security guards of respondent Corporate Protection Services, Phils, Inc. (CORPS) assigned to Tarlac and Cabanatuan City. Petitioners stated that CORPS required them to work 12 hours a day, every day, including regular and special holidays and their scheduled rest days. Despite this, they claim that they did not receive their regular or special holiday pay, rest day pay, service incentive leave pay, 13th month pay, and Emergency Cost of Living Allowance (ECOLA) from CORPS. They also stated that CORPS would deduct certain amounts of money from their salaries per month for trust fund savings and as cash bond. During their conciliation-mediation conference before the NCMB to discuss their grievances, a representative of CORPS offered to pay all their money claims if the employees submitted signed resignation letters. Relying on this, the employees complied. CORPS also made them sign separate quitclaims. However, upon receiving the checks the petitioners soon discovered that they only covered the amounts of trust fund savings and cash bonds. The employees tried to return the checks, but CORPS explained that the checks for the remaining money claims, which were still being processed, would follow. This was reflected in the Minutes of the proceedings. When the employees showed up for work the next day, their supervisors prevented them, claiming they had already supposedly resigned. By the end of the month, CORPS still had not given them checks for the remaining money claims, and they were not allowed to report for duty. CORPS still did not pay the employees’ money claims as promised, and the employees were still not allowed to report for duty. pay4d whitelabel The employees then filed a complaint against CORPS for nonpayment of salary and benefits and constructive illegal dismissal. The Labor Arbiter dismissed the complaint, ruling that the employees voluntarily signed the quitclaims and the resignation letters, and that there was no clear proof that they were signed under duress. They are thus barred from seeking further claims against CORPS. idn togel totomacau 4d togel gacor4d toto togel slot gacor hari ini Aggrieved, petitioners filed a Memorandum of Appeal with the NLRC. The NLRC ruled that while the petitioners had no intention to resign, there was still no illegal dismissal as CORPS had never dismissed the petitioners in the first place. The NLRC also held that there was a mere miscommunication between the parties as to the money claims. The NLRC ordered petitioners to return to work and ordered CORPS to accept them. Both parties were not satisfied with this ruling and both filed their Motions for Reconsideration, but they were both denied by the NLRC in a Resolution.  Both the petitioners and CORPS then filed their Petitions for Certiorari with the CA. In its Petition for Certiorari, CORPS claimed that the petitioners were guilty of forum shopping. Forum shopping is the term for petitioners taking their legal case in whichever court they believe is most likely to provide the judgment they want. CORPS also claimed that the petitioners were barred from filing a complaint because of their quitclaims, which are an acknowledgment that the petitioners’ money claims had all been paid. According to the CA, the petitioners were not guilty of forum shopping, as they had filed a Request for Assistance with the DOLE NCMB through the Single-Entry Approach (SEnA). All labor disputes, with certain exceptions, are required to undergo SEnA as a mandatory procedure prior to the filing of a labor complaint. Thus, availing of SEnA and later on filing a complaint before the NLRC does not amount to forum shopping. The CA also ruled that the resignation letters and quitclaims were invalid, as they were not made voluntarily. Still, the CA agreed with the NLRC that there was no illegal dismissal, and as such, the payment of back wages could not be given as a matter of course. Aggrieved, petitioners moved for reconsideration, but were denied by the CA, hence this Petition. Issues The issues for the Court’s resolution are: Ruling 1. The Supreme Court ruled that the quitclaims that the employees signed were void for being executed by CORPS with an intent to defraud. The Court reiterated that for a quitclaim to be valid, (a) there must be no fraud or deceit on the part of any parties; (b) the consideration for the quitclaim is credible and reasonable; and (c) the contract is not contrary to law, public order, public policy, morals or good customs, or prejudicial to a third person with a right recognized by law. The employer bears the burden to prove that the quitclaim constitutes a credible and reasonable settlement of what an employee is entitled to recover, and that the one accomplishing it has done so voluntarily and with full understanding. In this case, the employees signed the quitclaims with the honest belief, based on CORPS’ assurances, that they would be paid their money claims in full, as supported by the Minutes of their conciliation-mediation conference. The Minutes show that the CORPS representative expressly stated that management would reconcile the employees’ other claims. The Court found that both parties were aware that there were pending money claims to be reconciled and that the checks did not represent the entire amount due to the employees. The employees likewise did not accept the checks with the intention of forgoing all other money claims against CORPS. 2. The Court also ruled that CORPS constructively dismissed the employees. It is apparent from the facts that CORPS’ representative assured the employees that they would be paid their money claims if they submitted their resignation letters and signed the pro forma quitclaims.  In the instant case, CORPS, through fraud, induced the employees into signing resignation letters and quitclaims. In doing so, CORPS attempted to disguise the employees’ dismissal as a voluntary termination of employment.Accordingly, the Petition is GRANTED. CORPS is hereby ordered to reinstate the petitions and to

What makes a quitclaim invalid? Naldo et al. v. Corporate Protection Services, Phils., Inc. (CORPS) and/or Buddy Robrigado and Benjamin Sesgundo Read More »

What You Need to Know About Legal Retainer Services

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All businesses, from small sole proprietorships to gigantic corporations, can reap great benefits by working with a lawyer. If you own or plan to own a business, it’s important to form a professional relationship with a skilled lawyer that you can trust. He or she will help ensure that you are abiding by the relevant laws that govern your business. Here’s what you need to know about legal retainer services. What are legal retainer services and do I really need them? When a business enters a legal retainer agreement with a lawyer, they pay the lawyer an upfront fee to ensure that he or she is always available whenever the business needs legal help or advice. This lawyer typically has an intimate knowledge of the business in question so that he/she can provide the best legal services for its unique needs.  toto togel slot gacor maxwin slot gacor So, do you really need legal retainer services? It depends on the needs of your business. Again, all businesses will need to work with a lawyer to ensure its smooth sailing.  Some businesses hire lawyers on an ‘ad-hoc’ basis, literally meaning ‘for this.’ This means they hire lawyers only as needed, when a specific situation crops up that must be handled by a lawyer. This works out if the business rarely needs legal assistance in their operations. While it sounds more practical on paper, it can also be difficult to look for a competent and trustworthy lawyer that can address your needs immediately, especially on short notice. Alternatively, other businesses hire a business lawyer as a regular employee. This ensures that legal help for the business is always available and within reach. However, hiring a lawyer as an employee can be expensive. The additional cost of staff and office expenses must be considered. It may not be worth hiring an in-house counsel if you don’t need constant legal help. situs pay4d If neither of these options fit your needs, that’s when you need legal retainer services. If you regularly need the services of a lawyer but don’t have the budget to hire one as a regular employee, availing legal retainer services is  the perfect compromise. You can rest assured knowing that your retainer lawyer will prioritize your needs for a cheaper cost. What are the benefits of legal retainer services? What services are included in a legal retainer agreement? Inclusions of a legal retainer agreement may be tailor fit to suit one’s needs. Some common services include: 

What You Need to Know About Legal Retainer Services Read More »

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