Sadsad Tamesis Legal and Accountancy Firm

Author name: Melissa Renee Mendiola

Is it illegal to fire an employee for testing positive for HIV?: Bison Management Corp vs AAA

Facts Bison is the recruitment agency that deployed AAA to the Kingdom of Saudi Arabia (KSA) as an OFW. AAA was hired by Bison as a Cleaning Laborer under a two-year contract and was deployed to Saudi Arabia on October 18, 2017. In January of 2019, after working for fifteen months, AAA underwent routine medical examination and was found positive for Human Immunodeficiency Virus (HIV). As a foreign employer, Bison terminated AAA’s employment, as under the laws of the Kingdom of Saudi Arabia, an HIV+ individual is considered unfit to work. He was sent back to the Philippines on February 8, 2019. slot server thailand The Labor Arbiter dismissed the complaint for illegal dismissal, but ruled that AAA is entitled to his unpaid salary from January 26, 2019 to February 7, 2019, vacation leave pay, and attorney’s fees. The Labor Arbiter decreed that the laws of Saudi Arabia, which state that an HIV+ individual is considered unfit to work, is “a state prerogative of the KSA which deserves our respect.” Further, they also postulated that Republic Act No. 8504, or the “Philippine AIDS Prevention and Control Act of 1998” is a “local law” that should apply only “within our jurisdiction and not to KSA.” In response, AAA filed a Memorandum of Partial Appeal before the NLRC. Contrary to the Labor Arbiter’s finding, the NLRC found that AAA was illegally dismissed. The NLRC denied the motion for reconsideration filed by Bison. Because of this, Bison filed a petition for certiorari before the CA. The CA agreed with the NLRC that Philippine law governs the terms of the employment contract as well as the rights of the employee. This conclusion stems from the principle of lex loci contractus, meaning “law of the place where the contract is made.” The CA reasoned that since the law “categorically prohibits the use of a person’s HIV+ condition as a ground for dismissal,” there was no valid cause to terminate AAA. The CA denied Bison’s motion for reconsideration, causing Bison to file a Petition for Review. Issue Bison argues that the CA erred in applying the principle of lex loci contractus rather than the principle of pacta sunt servanda in resolving the legality of AAA’s dismissal. Pacta sunt servanda means “agreements must be kept,” meaning that parties are required to honor their agreements and obligations. Ruling The Court will not engage in an academic discussion on the principle of pacta sunt servanda where the case is essentially one for illegal dismissal of an OFW. Under Section 49(a) of Republic Act No. (RA) 11166, or the Philippine HIV and AIDS Policy Act, it is unlawful for employees to be terminated from work on the sole basis of their HIV status. Since Philippine law prohibits the use of a person’s HIV-positive condition as a ground for dismissal, there was no valid cause to terminate AAA. Further, if the foreign law stated in the employment contract contradicts Philippine law, morals, good customs, public order, or public policy, then Philippine law shall apply. In this case, even if it is proven that Saudi Arabian law prohibits workers who test positive for HIV, RA 11166 takes precedence over it for being against Philippine law. 

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What to Know About the Anti-Money Laundering Act of 2001

Money laundering is considered one of the most severe financial crimes, committed by organized crime groups worldwide. Simply put, money laundering is the act of covering up the origins of illegally sourced income. This lets criminals avoid prosecution for the original crime of obtaining said “dirty money” in the first place. Republic Act No. 9160, or the Anti-Money Laundering Act of 2001, seeks to prevent and punish cases of money laundering in the Philippines. Here’s what you need to know. What is money laundering and how does it work? Money laundering “cleanses” any illegally obtained money by passing it through legitimate transactions. Doing so essentially overwrites the money’s initial origins. This then allows criminals to get away with their illegal income methods and avoid taxation. The following actions are considered to be acts of money laundering: What is the Anti-Money Laundering Council and what do they do? To address the issue of money laundering, the Anti-Money Laundering Council (AMLC) was formed alongside the Anti-Money Laundering Act of 2001. Core members include the Governor of the Bangko Sentral ng Pilipinas as the chairman, both the Commissioner of the Insurance Commission and the Chairman of the Securities and Exchange Commission as members, and a secretariat. The functions of the AMLC are as follows: What penalties will guilty parties face? The penalties listed in this act vary depending on the crime committed. They are as follows: How can money laundering be prevented? A huge part of preventing money laundering is ensuring that covered institutions meticulously record their transactions and customers.  “Covered institutions” refer to entities such as banks, non-banks, quasi-banks, trust entities, insurance companies, securities dealers, brokers, investment houses, mutual funds, pre-need companies, foreign exchange corporations, and other similar financial entities regulated by the BSP, Insurance Commission, or SEC. Covered institutions can help prevent money laundering by doing the following: Can money laundering affect me personally? Yes. This is because some money laundering strategies get innocent parties into helping criminal organizations, either knowingly or unknowingly. These parties are “money mules.”  Criminal organizations use money mules by transferring the dirty money to their accounts. The money mules then use a series of transfers and transactions to cover up the money’s origins, and then return the funds to the criminal. Money mules either use their accounts or their business accounts for this technique and are sometimes roped into it by falling for a scam organized by the criminal. By staying aware, you can prevent criminals from turning you or your business into an unwitting money mule. Money laundering criminals are good at coming up with incentivizing scams that many people fall for. It’s up to you and your discernment to differentiate scams from genuine opportunities. Here are a few examples of scams to watch out for:

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How to Update the Tax Declaration After Purchasing Property

Purchasing a property is a complicated process to go through, and it’s important to make sure that all of the relevant documents are in order throughout the process. One of the most important steps is to transfer the tax declaration under your name as the new owner. As we have mentioned before in this article, a tax declaration shows the assessed value of a given property. It is used by provincial, city, or municipal assessors to determine the property’s real property tax.  It’s important to keep the tax declaration properly updated and with the property’s current ownership details and assessed value. But why is it so important, and what is the process of updating your tax declaration? Here’s everything you need to know.  Why should I transfer the property’s tax declaration under my name? It’s important to have a new property’s tax declaration to ensure it accurately reflects the current state of the property, including its classification and assessed value as well as the new possessor of the property. These factors are used as the basis for the property’s real property taxes. Details of the one possessing the property must also be updated to ensure that the right person is paying the property taxes. Regularly updating a property’s tax declarations is important to make sure that there are no discrepancies in any of the property’s documents. This is to confirm compliance with regulations, help with property transactions and transfers, and settle any potential property disputes. Inconsistencies between tax declarations and the actual state of the property can result in legal issues later down the line. How do I get a new Tax Declaration? To primarily ensure that the possession of your new property is under your name and information, rather than the previous owner’s, you must apply for a new tax declaration. Thankfully, getting a new tax declaration is only worth a day’s trip to the Office of the Municipal Assessor.

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Tax Declaration vs Land Title: What is the Difference?

How do you prove that the property you possess is indeed yours? Many people believe that having a tax declaration is more than enough proof, and that it has the same weight as a land title. This, however, is certainly not the case. What is the difference between the two? And do you truly own your property, or are you simply in possession of it? Here’s what you need to know.  But first: what is the difference between possession and ownership? Before we can discuss what a tax declaration and what a land title is, we must first clarify the definitions of the terms possession and ownership. These two terms highlight one of the core differences between the two documents – namely, how much authority each document provides. Legally speaking, possession and ownership have very different definitions, even if our everyday language frequently mixes them up together. When someone is in possession of a property, he or she is in a de facto relationship with it. This means that the relationship is based on the control that the person has over the property. It is not defined by the legal recognition of who actually owns the property; just because a person possesses a property does not mean that he or she is its legal owner. Because he/she does not truly own the property, he/she does not have the rights to do anything beyond using it for its intended use. He/she cannot sell, dispose, or destroy it. For example, someone can lease a vehicle, which grants him or her the right to use it. He/she is thus in possession of the vehicle. However, he/she is not the legal owner. Refusing to pay the due monthly payments may lead to the actual owners repossessing the vehicle. Meanwhile, ownership is a legal acknowledgment of the owner’s rights. As the true owner of the property, he/she is free to do anything to the property. He/she could also be in possession of it, granting him/her physical control over it. He/she can also allow another person to occupy it, use it, sell it, give it away, or destroy it. For example, say someone has ownership of a vehicle. As the true owner of the vehicle, he/she can do anything he/she wants to do with it. He/she can possess and use it, lease it to someone else, give it away, or destroy it. No one will be able to take the vehicle away from the owner, either. What is the difference between a tax declaration and a land title?  Now that we know the definitions of possession and ownership, we can properly distinguish the difference between a tax declaration and a land title.  A land title serves as proof of the right of ownership to a property and is the most indisputable way to prove such. Whoever’s name is written on the land title is considered the official owner of the land. It must be registered with the Register of Deeds of whichever municipality, city, or province where the land is located.  On the other hand, a tax declaration shows the assessed value of the property on which the real property tax is based on. It also serves as proof that the one currently in possession of the land is complying with his/her tax obligations. Because of this, the tax declaration also serves as sufficient proof that the person named therein has a claim over the property. However, this does not mean that it’s sufficient proof of ownership.  Someone who has a tax declaration of a property but not a land title does not have true ownership on said property. However, it does prove your rights to possess it. If there is no land title attached to a property, a holder of a tax declaration may have a shot at claiming ownership.

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What You Need to Know About the Anti-Photo and Video Voyeurism Act of 2009

We are living in the golden age of communication. Long-distance relationships and friendships are as easy as ever. Even seeing your loved ones’ faces is as easy as clicking a button whenever and wherever you want. However, these technological advances also come with their fair share of dangers. The possibility of someone taking photos and videos of you without your consent is unfortunately yet constantly present. Such repulsive acts are often the cause of various sex scandals. Republic Act No. 9995, or the “Anti-Photo and Video Voyeurism Act of 2009”, aims to deter people from committing the said acts. It also aims to punish people who have already committed the same. This article aims to break down R.A. No. 9995 for your ease of understanding. The Basics The Anti-Photo and Video Voyeurism Act of 2009 defines the parameters of photo or video voyeurism, prescribes the penalties for any perpetrators, and defines any exemptions and clauses included in the law. In the context of this Act, “photo or video voyeurism” is the act of taking photos or videos of anyone performing a sexual act or of their private areas without their consent. The person/s must have a reasonable expectation of privacy during the moment of capture, meaning that they have reason to believe that they did not have to be concerned about anyone taking photos or videos of them. Prohibited Acts Section 4 of R.A. No. 9995 clarifies which acts are prohibited and declared unlawful for any person: Note that these prohibitions do not apply if the person in the material had given his/her consent to create or distribute the photos, videos, or recordings. Penalties Anyone guilty perpetrators of the prohibited acts listed above must serve at least three (3) years but not more than seven (7) years of imprisonment, or pay a fine of at least One Hundred Thousand Pesos (P100,000.00) but not more than Five Hundred Thousand Pesos (P500,000.00), or both, at the discretion of the court. If the violator is a juridical person, such as a corporation or agency, its license or franchise shall be revoked. If a public officer, employee, or professional is guilty, he or she shall be administratively liable.  Exemptions There is only one situation in which a person does not have to face the consequences of this law. If the court has authorized a police officer to use the record or any copy thereof as evidence in any civil, criminal investigation or trial of the crime of photo or video voyeurism, then the court will not consider him or her guilty of committing the prohibited acts written in this law.  However, this is exception only applies if the written order is issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses/he or she may produce, and upon showing that there are reasonable grounds to believe that photo or video voyeurism has been committed or is about to be committed, and that the evidence to be obtained is essential to the conviction of any person for, or the solution or prevention of such, crime.

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RA No 11976: Act Introducing Administrative Tax Reforms

Republic Act No. 11976, also known as the Ease of Paying Taxes Act, is now effective as of January 22nd, 2024. This Act aims to improve efficiency in the tax administration system by providing solutions that will encourage taxpayers into complying with their tax obligations. Here are the highlights so that you can fully inform yourself on the improvements made to tax administration. The implementing rules and regulations of this Act will be released within 90 days from effectivity of the law, so we should be able to review them before April 21st, 2024. idn live toto slot slot gacor slot server thailand

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What You Need to Know About Articles of Incorporation

The articles of incorporation is one of the most important documents that you must create and submit to the SEC when creating a corporation. But what is it? How do you create one? And can you amend your Articles of Incorporation later on? Here’s what you need to know. slot gacor gampang menang What are articles of incorporation? The articles of incorporation is a set of documents that you must file with the SEC, or the Securities and Exchange Commission, to legally create a corporation. Once you have submitted it and all other requirements to the SEC, the SEC will issue the Certificate of Incorporation that serves as proof of the corporation’s existence as an artificial person created by law. sbobet slot gacor 4d data macau toto macau panel idn agen toto togel link gacor toto togel idn togel gacor4d login slot gacor hari ini slot gacor maxwin The articles of incorporation contain all of the basic yet necessary information regarding the corporation. This includes: How can you amend the articles of incorporation? Any part of the articles of incorporation may be amended if it is agreed upon by a majority vote of the board of directors or trustees. It will also require the vote or written assent of the stockholders representing at least two-thirds (⅔) of the outstanding capital stock. This is in accordance with Section 15 of the revised Corporation Code. In order to make the amendments official and recognized, you must first submit the following requirements to the SEC: When preparing the amended articles of incorporation, one should include both the original and amended versions and underscore the changes made, followed by the date of the meeting approving said changes. The amendments shall only take effect once the Securities and Exchange Commission has given the corporation its approval. Said amendments can also take effect if it has been at least six (6) months since the date of filing and the Commission has not yet acted for a cause not attributable to the corporation.  Can articles of incorporation or amendment be disapproved? The SEC may disapprove articles of incorporation or any amendments made if it does not comply with the requirements of the Corporation Code. However, the SEC must tell the incorporators, directors, trustees, or officers the reason for disapproval. They must also give them ample time to modify the objectionable portions of the articles or amendments.  The following are grounds for disapproval of articles or amendment:

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How to Deal with Employee Abandonment

Everyone understands the process they must undergo if they want to leave their current place of employment: create a written letter of resignation and abide by the 30-day notice period. A large majority of employees understand this process and abide by it because of the severe consequences that come with job abandonment. Someone who abandons their employment will take a big hit to his or her reputation. But if someone decides to risk it and abandons his or her job, the employers must deal with the mess. How does one handle employee abandonment? Here’s what you need to know. slot gacor slot gacor 4d slot gacor slot gacor 4d toto macau slot thailand toto slot slot thailand slot qris What is the difference between AWOL and Abandonment? First, we must clearly define the difference between AWOL and abandonment. “AWOL” is short for “Absent without Leave”. It refers to any scenario wherein an employee misses work without properly informing or requesting leave from their employer.  slot online toto slot toto slot toto slot 4d sbobet terpercaya toto slot idn slot situs toto macau toto slot slot gacor 4d pay4d link slot gacor idn toto idn slot slot gacor maxwin qdal88 toto slot slot gacor malam ini gacor4d An employee is only AWOL for as long as he or she either has a justifiable reason for the absence OR has no clear intent to sever the employer-employee relationship.  As the employer, it’s important to investigate the matter before writing off the employee as having abandoned their work. There are many justifiable reasons as to why an employee might go AWOL, such as a family emergency or health emergency. It is then up to your judgment whether or not to terminate the employee due to AWOL or allow them to keep working. However, if this is the case, employee abandonment would no longer be a valid reason for termination. Take note as well that in our jurisdiction, termination or dismissal based on just causes such as AWOL is considered as a “supreme penalty” for erring employees and may generally only be imposed upon the employee as a final measure.  On the other hand, an employee who abandons his or her job would act as if he or she is not part of the company at all.  What are the elements of abandonment? For an employee to be accused of job abandonment, two factors must be in play. Again, if the employee has a valid reason, there’s a chance that he or she has no intention to abandon his or her work. A personal emergency in which the employee is in no state to work is a good example of a valid reason. Instead, he or she must show an unjustified and deliberate refusal to work in his or her current workplace again. One can prove an employee’s intent to sever the employer-employee relationship through his or her overt acts. This act should clearly show the employee’s intent to never return to his or her job. An example of such an overt act is if the employee enters a new workplace without informing the company he or she had abandoned. Another example is if the employee ignores any attempts of communication through several different mediums from any member of the workplace. How do you process a termination for abandonment of work?  If you are going to terminate an employment for abandonment of work, you must be able to provide sufficient evidence. Before you even begin the termination process, do everything you can to contact your employee through all available means. Use whichever methods of communication that you have on file, such as their phone number, email address, employee communication channels, or written letter sent to their last recorded home address. You can also reach out to their emergency contact if all else fails. Make sure that you keep a log of all the times you attempted communication with the employee, including date, time, and medium of communication. If the employee ignores all of your attempts, you can use your logs as evidence of the employee’s unwillingness to continue working. These will support the just cause for the employer to terminate the employee due to abandonment. Section (b), Art. 297 of the Philippine Labor Code provides that an employee may be terminated due to gross and habitual neglect of his duties. Since you have already proven that such ground for termination exists, you must then follow due process requirements for terminating an employee for just causes, in accordance with the Philippine Labor Code. These steps are as follows:

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Knowing the Risks of Vehicles with an Open Deed of Sale

Are you thinking of buying a second hand car? Buying second hand is cheaper, better for the environment, and grants cheaper insurance costs. But if you’ve already started looking, you may have come across offers that repeatedly say the phrase “open deed of sale.” What is an open deed of sale, and why are so many people warning you against it? Here’s what you need to know. slot gacor 4d gacor4d gampang menang toto slot slot gacor 4d slot gacor maxwin agen toto slot gacor maxwin idn slot What is an open deed of sale? Before we can learn what an open deed of sale is, we must first know what a deed of sale is in the first place. You can think of a deed of sale as a receipt – it is a legal document proving that the purchase of a property between buyer and seller is complete. slot qris slot thailand toto slot toto macau slot gacor 2025 totoagung slot resmi togel slot bandar toto situs toto totoagung agen bola sbobet toto togel toto macau result toto macau 4d idn toto slotgacor4d situs toto gacor pay4d slot gacor 777 pay4d toto slot idn togel slot 4d sbobet togel online slot gampang menang slot terpercaya toto macau terbesar toto macau terbesar toto slot data macau slotgacor4d slot gacor maxwin slot qris slot gacor slot gacor 4d A deed of sale contains the information of both the seller and buyer, such as their full name, marital status, and address. If the property in question is a motor vehicle, then it should also contain details such as its make, model, color, body type, plate number, engine number, and selling price. Finally, both the buyer and seller must sign the document and have it notarized by a lawyer. This document becomes an open deed of sale if it lacks the buyer’s information and signature. This type of deed of sale is common among those in the motor vehicle buy and sell industry. Many of these resellers don’t want to deal with the hassle of registering the vehicle to their name if they’re going to sell it soon regardless, so they leave the deed of sale open to save time and effort. Why shouldn’t I buy or sell a vehicle with an open deed of sale? There is heavy risk that comes with buying or selling a vehicle with an open deed of sale. For one, these deeds are not legal. An open deed of sale does not comply with the requirements of the Land Transportation Office for transferring car ownership. It also cannot be notarized, and any lawyer who attempts to notarize an open deed of sale may face civil and criminal liability. There are also personal risks that both buyers and sellers will be subject to with the transaction. Buyers would have no way of knowing the vehicle’s history, such as whether it has had multiple changes of ownership before. In the worst case scenario, the buyer would not know if the vehicle has an unsavory history; it may actually be a stolen vehicle that is currently being searched for, or a vehicle that was involved in a major accident. The PNP has no way of knowing whether the current driver is part of the vehicle’s history or not. However, the fact that he or she is currently using that vehicle may be enough grounds to arrest him or her without explanation. Sellers are also putting themselves in a risky position. After all, their name is still on the deed of sale, which means they will be held liable for any major incidents that the vehicle may get into. They would also have to pay for any fines and penalties levied against them for any rule violations committed by the new owner of the vehicle. The seller could even face criminal charges if the vehicle becomes involved in an incident that gets someone injured or killed. When should I agree to an Open Deed of Sale? Despite all the risks, many people still buy or sell vehicles with an open deed of sale. Sellers may still prioritize the convenience of keeping deeds open, while buyers may find vehicles with open deeds of sale at low prices. It’s tempting to wave off the risks and take the plunge regardless. If you’re in need of a vehicle, finding one in the market with a completed and notarized deed of sale is still the best course of action. However, if you’re willing to take the risk, it’s best to only agree to a transaction with an open deed of sale if: You know the seller personally. One of the only times it’s safe to agree to a transaction with an open deed of sale is when you’re dealing with someone you already trust. If you know the seller personally, then you most likely know that he or she isn’t in any shady deals. You can also make sure that the vehicle is in good condition before buying it.

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What You Need to Know About Intellectual Property Offenses

In a previous article, we discussed intellectual property, how it protects creators, and the types that are available. Patents protect inventions and processes; copyrights protect literary, scientific, and artistic creations; and trademarks help identify your brand and help differentiate it from competitors. But how exactly is intellectual property law protecting these creations? What are the crimes against intellectual property and what are the appropriate punishments? Here’s what you need to know about intellectual property offenses so that you know exactly what to look for. gacor4d slotgacor4d sakuratoto3 totoagung amintoto qdal88 totokita3 qdal88 cantiktoto Infringement Intellectual property infringement occurs when someone violates an intellectual property right. The offense differs depending on which type of intellectual property was violated: slot gacor 4d toto slot toto slot toto slot togel slot situs toto macau agen slot gacor bandar slot togel slot toto togel daftar totoagung game slot toto slot login toto togel angka akurat toto slot toto slot 4d pay4d slot gacor 4d toto slot idn slot online pay4d panel toto online slot gacor slot anti kalah amintoto togel online terpercaya slot gacor 4d link gacor slot qris slot gacor 4d login slot gacor slot thailand slot gacor 4d bandar togel terpercaya slot qris terbaru sugar rush x1000 toto slot situs toto idn toto togel slot agen judi bola bandar togel sgp slot online slot gacor toto macau toto macau idn slot toto macau 4d slot qris slot gacor 4d slot gacor 4d slot gampang menang slot thailand Copyright infringement occurs when an offender: Trademark infringement occurs when an offender: Patent infringement occurs when an offender: Unfair Competition Simply put, unfair competition occurs when the product of one party is passed off or attempted to be passed off as the product of another. Acts that are considered unfair competition include, but are not limited to:  A few factors must be present for an offense to be considered unfair competition. First, the offender must purposely give their product the general appearance of the other party’s product. Second, the general appearance must be shown in the product itself, the packaging, the device or words therein, or any other feature of the product’s appearance. Third, the offender must have either sold or attempted to sell their products, or have given other parties the opportunity to sell the products while fully knowing of the product’s deceitful nature. While infringement can be willful or accidental, there must be an intent to deceive for an offense to count as unfair competition. False Designation of Origin, False Description, Or False Representation False Designation of Origin, False Description, or False Representation is an offense committed against trademarks. It occurs when someone misrepresents a certain product using any word, term, name, symbol, device, or a combination of all four. This then causes the public to misinterpret the product’s affiliations, origins, sponsorships, nature, characteristics, qualities, geographic origins. Other ways this misrepresentation can occur is if someone states a false designation of origin, false or misleading description or fact, or false or misleading representation of fact.  Essentially, any grave misrepresentation of someone’s trademark can fall under this offense. If someone has falsely misrepresented your trade mark, you can file a criminal, civil, or administrative action. Anyone found guilty of infringement, unfair competition, false designation of origin, false description, or false representation will be subject to a range of penalties, depending on the severity and repeat offenses. The current range of penalties are as follows:

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