“The fiscal said that I colluded with my husband and based on that, my Petition was dismissed.” Collusion Investigation is a process which is part of the procedure for the Declaration of Nullity or Annulment, where the public prosecutor’s (fiscal) is enjoined by the court to actively participate and conduct an investigation if there is…
It’s not uncommon to dream of visiting places you see in the movies. Let me guess, most of them are in the United States. To name a few, New York, LA, Miami, Washington and Chicago are some of the common tourist destinations in the US. You have the resources but you harbor this apprehension of…
“To register as VAT or Non-VAT, that is the question.” To those keen on investing or have already started their business engagements, you picked the Philippines as the right choice. However, tax payments and registration, is going to be one mean stumbling block. Needless to say, it’s probably more challenging than drawing up your business…
Here’s a situation: A and B, both Filipinos, went to the United States to get married. After several years, marital troubles started to occur between the couple and after efforts at reconciliation failed, the two started to part ways. They figured that since they were married in abroad, they decided to get a divorce in…
“My husband and I unfortunately cannot have children. A distant relative from the province has 7 children, the two youngest children are aged 11 months and new born baby about 2 weeks old. Due to financial constraints, she offered for us to adopt her two youngest children. We took the children home after we executed…
We’re pretty sure there’s a point in time that you became party to a transaction, either as payee or payer. Of course as payee, receiving cash is much preferred as you are sure that your payment was given to you in full sans any further action needed from your end. Now as payer, issuing a…
Planning for the future has always been part of everyone’s agenda. After going through the motions of establishing your career, saving up to acquire property and thereafter making sound investments for our family, did it ever cross your mind as to what you plan to do with your assets when you retire, until nature takes…
A staple storyline for afternoon soaps would be the war between families and the familiar conflict would revolve around, you guessed it right – “Mana” or Property. But mind you, what you see on TV, as well in the movies, portray an indelible reality and that is families getting estranged all because one heir wants…
Future spouses, who have mutually decided to enter into a pre-nuptial agreement, must execute the agreement in writing prior to the celebration of the marriage in order for it to be valid. The Family Codes does not require that the agreement be in the form of a public instrument. However, in order for the agreement…
The Bureau of Immigration (BI), an arm of the Department of Justice, is tasked to ensure compliance of all Philippine laws by foreigners. As a consequence of a foreigner’s non-compliance with our laws, blacklist orders, deportation and hold-departure orders may be issued. My aim here is to be able to sufficiently answer all queries regarding the petition…
The decision to annul a marriage, especially for Filipinos, is most difficult to arrive at. More often than not, insights from family and friends are considered especially where children and properties are involved. Having practiced family law in the Philippines and abroad for several years, I have seen diverse ways of suffering (and coping) with painful marital issues.…
Some time ago I wrote an article on whether or not one needs a lawyer to recover debts. The article was read (and liked) by many as it basically states that you do not need lawyers to collect debts. Nobody wants to pay legal fees especially since your money is being unlawfully retained by your…
If you lack the time or expertise needed for day-to-day management of your commercial or residential real estate investments, an expert property manager can help you. A property management company can help you: Market your rental property to minimize vacancies and maximize income (link: Property managers make their livings because they know the rental market,…
Can a foreigner engage in retail trade in the Philippines? The simple answer is YES but the requirements are not as simple. Every day we get several inquiries from foreigners who came to the Philippines to introduce their businesses abroad locally. We have foreigner clients selling pharmaceuticals, cosmetics, religious items from the Dead Sea, and…
Q: What are the various types of business structures in the Philippines? A: The various types of business or organizational structures in the Philippines are sole proprietorship, partnership, corporation, branch office, representative office, regional headquarters and regional operating headquarters. Q: How do these business structures differ from one another? A: A. Business enterprises organized under Philippine Laws…
A lot of people are confused by the similarities and differences of estafa and bouncing checks law. Estafa may be committed by the issuance of a worthless check, just like in bouncing checks law. So, in order to have a clearer and simpler understanding of both concepts, I have listed down in a tabular form…
John and Juan are friends. Juan borrowed money from John in order to finance his business. John agreed and lent him P50,000.00. As for the terms of payment, it was agreed that Juan will pay in five equal installments every month starting July 6, 2011. Juan was able to pay on July 6, 2011. However,…
The obvious answer is NO, you don’t need lawyers BUT they are certainly HELPFUL. Squeezing out money from your borrowers can be taxing and what can one really do when the borrower tells you “I do not have funds right now”? Hiring a lawyer to collect your debt can certainly take that burden off. While…
Board of Investments and Philippine Economic Zone Authority are sectors of the Department of Trade and Industry both designed to attract foreign investors, to promote the economy and generate income for the Philippines. Registering with these sectors entitles the companies to tax incentives and other benefits. Benefits enjoyed by BOI registered companies are: Income tax…
Family is very much valued herein the Philippines. This makes it difficult for husbands and wives to get a favorable decree of annulment. Filing an annulment case or a petition for declaration of nullity of marriage requires money, time and effort. And even if you are willing to give out such money, time and effort there is…
To alleviate poverty in the Philippines, the government issued an Executive Order No. 758 prescribing guidelines for the issuance of a special visa to non-immigrant in order to attract more foreign investors and create more job opportunities for Filipinos. Special Visa for Employment Generation (SVEG) is a special visa issued to a qualified non-immigrant foreigner…
Special Investor’s Resident Visa (SIRV) entitles the holder and qualified members of his/her family to reside in the Philippines for an indefinite period as long as the required qualifications and investments are maintained. An application for the issuance of SIRV is required to be filed before the Board of Investments (BOI), if the applicant is…
The “Deed of Sale” or “Deed of Absolute Sale” is the document showing legal transfer of real estate property ownership. It is entered into by two parties namely, the buyer and the seller who must be of legal age. After notarization, the deed of sale is then taken to the Registry of Deeds to be…
The SELLER pays for the: Capital Gains Tax equivalent to 6% of the selling price on the Deed of Sale or the zonal value, whichever is higher. (Withholding Tax if the seller is a corporation) Unpaid real estate taxes due (if any). Agent / Broker’s commission. The BUYER pays for the cost of Registration: Documentary…
Presidential Decree No. 1529 or otherwise known as the “Property Registration Decree” states that in order to have a more efficient execution of the laws relative to the registration of lands, there should be a commission to be known as the Land Registration Commission under the executive supervision of the Department of Justice. The Land…
Property Management is defined as the operation, control of (usually on behalf of an owner), and oversight of commercial, industrial or residential real estate. It involves the processes, systems and work force required to manage all the acquired property including acquisition, control, accountability, responsibility, maintenance, utilization and disposition. It is the process of managing property by maintaining and handling all the…
At present, property management is vital in real estates. Any person who values the success of his real estate investment should know the importance of good property management. Investing in property can be highly profitable. It provides a more secure future for you and your family. Even if you do not have time to manage…
The condominium Act in the Philippines, as provided in Republic Act No. 4726 lays down the rule and requirements for the creation of condominiums. As defined by law, a condominium is an interest in real property consisting of a separate interest in a unit in residential, industrial or commercial building and an undivided interest in…
Under the Republic Act No. 4726 or otherwise known as the Condominium Act of the Philippines, foreign nationals can acquire condominium units and shares in condominium corporations of not more than 40% of the total and outstanding capital stock of a Filipino-owned or controlled condominium corporation. The following are the exceptions to the 40% Foreign…
Why buy a condominium unit? Condominiums have become a very popular type of Philippine homes in the market today. Aside from it being attractive to those who are interested in investing their hard-earned money in real estate, they are often built on prime property or near business districts, commercial areas and tourist destinations. Having a…
As provided by law, the property relations between husband and wife shall governed in the following order: (1) By marriage settlements executed before marriage; (2) By the provisions of Family Code; and (3) By the local customs. The future spouses may agree on the property relations during their marriage, on either (1) System of absolute…
Prenuptial agreement or otherwise known as “marriage settlements” under Family Code is a contract entered into by a man and a woman who are planning to get married. It is called “prenuptial” agreement because it must be executed before marriage and any modification or changes thereof shall be in writing and must be signed by…
A Watch List Order (WLO) may be issued by the Secretary of Justice, under any of the following instances: (a) Against the accused, irrespective of nationality, in criminal cases pending trial before the Regional Trial Court. The application under oath of an interested party must be supported by (a) certified true copy of an Information…
Special Work Permit is issued to a foreigner who enters the Philippines on a temporary visitor’s visa and intends to engage in aprofessional undertaking or commercial operation but not considered for purely local employment. Special Work Permit (SWP) for Musical Artists/Performers Letter request from the petitioner company Photocopy of passport with valid visa Bio-data…
Imagine a child who was born abroad, say in the United States of America, of a Filipino mother or father or of Filipino parents, what then is the child’s citizenship? Citizenship of a person may be determined through the principle of jus soli and jus sanguinis. The Philippines adheres to jus sanguinis principle. It states…
Mobility right or the right to travel is one of the fundamental rights enumerated and protected by the constitution of a number of countries. It gives one the freedom to travel to whatever place he/she pleases, within one’s own country or in foreign territory. However, authorities say that, your right ends when the freedom of…
Due to the many Filipinos getting out of the Philippines and chose to work or live overseas, many also end up becoming naturalized citizens of the countries they are in. Consequently, their Philippine citizenship is lost. This is because of the application of diverse local policies and principles concerning citizenship of different countries. In effect,…
An Allow Departure Order is a directive that allows the traveler to leave the territorial jurisdiction of the Philippines. This is issued upon application to the Commissioner of Immigration and the appropriate government agency. The ADO may be issued upon submission of the following requirements: a.) Affidavit stating clearly the purpose, inclusive period of the…
Alien employment Permit (AEP) or work permit is required to be filed before the Department of Labor and Employment (DOLE) of the Philippines. The filing of an AEP is one of the requirements for the issuance of pre-arranged or 9(G) visa to foreign nationals seeking employment in the Philippines, as well as those who are…
The ACR I-Card or Alien Certificate of Registration Identification Card is a microchip-based credit card-sized identification card issued to registered alien replacing the paper-based ACR. It has an embedded computer chip with biometric security features capable of data management and can be updated electronically. It is fraud and tamper-proof/resistant with the following data: Personal information such as…
An alien investor is entitled to enter the Philippines as a treaty trader or investor if he/she is a national of the United States of America, Germany or Japan, countries with which the Philippines has concluded a reciprocal agreement for the admission of treaty investors or traders. The local petitioning company must be majority-owned by…
9(B) is a non-immigrant visa issued to a person in transit whose destination is outside the Philippines. An alien who is admitted as a non-immigrant cannot remain in the Philippines permanently. To obtain permanent admission, a non-immigrant alien must depart voluntarily to a foreign country and procure from the appropriate Philippine consul the proper visa…
A temporary visitor coming for business or for pleasure or for reasons of health should apply for 9(A) visa. Requirements for Temporary Visitor’s visa Valid passport of applicant; Tourist Visa Extension form duly accomplished (BI Form No. MCL 07-02) Bureau of Immigration (BI) Clearance Certificate. Procedures in processing of applications for extension of visitor’s visa…
Student Visa 9(f) is issued to students who intend to pursue higher studies in the Philippines for an extended period of time, provided such foreign student must be at least 18 years of age at the time of enrollment and have sufficient means to finance his/her education. Only higher education institutions with programs accredited…
9(C) is a non-immigrant visa issued to a seaman serving as such on a vessel arriving at a port the Philippines. An alien who is admitted as a non-immigrant cannot remain in the Philippines permanently. To obtain permanent admission, a non-immigrant alien must depart voluntarily to a foreign country and procure from the appropriate Philippine…
Any foreign national who wish to work in the Philippines must obtain a working visa classified as a 9(G) visa before the Philippine Bureau of Immigration. A 9(G) or Pre-Arranged Employment Visa is a working visa for foreign nationals who desire entering the Philippines in order to engage in a lawful occupation. In order to…
An accredited official of a foreign government recognized by the Government of the Philippines, his family, attendants, servants and employees may apply for a 9(E) visa. The following persons are required to secure a travel authority to travel abroad from the Office of the President: Members of the Cabinet and officials of equivalent rank; Heads…
13(G) is an immigrant visa issued to a natural born citizen of the Philippines, who has been naturalized in foreign country. [As amended by Republic Act No. 4376] Requirements: Duly notarized letter of application; General Application Form duly accomplished and notarized (BI Form No. MCL-07-01); NSO authenticated copy of birth certificate of the applicant; Bureau…
13(F) is an immigrant visa issued to the wife or the husband or the unmarried child under twenty-one years of age, of an alien lawfully admitted in the Philippines for permanent residence prior to the date on which the Immigration Act of the Philippines becomes effective and who is resident therein.
13(E) is an immigrant visa issued to a person previously lawfully admitted into the Philippines for permanent residence, who is returning from a temporary visit abroad to an unrelinquished residence in the Philippines. Checklist for Returning Resident Under Section 13(e) Duly notarized letter request from the applicant with the statement that the applicant intends to…
13(D) is an immigrant visa issued to a woman who was a citizen of the Philippines and who lost her citizenship because of her marriage to an alien or by reason of the loss of Philippine citizenship by her husband, and her unmarried child under twenty-one, if accompanying or following to join her.
13(C) is an immigrant visa issued to a child born subsequent to the issuance of the immigration visa of the accompanying parent, the visa not having expired. Requirements: 1. Parent’s immigrant visa remains valid. 2. Proof of child’s legitimacy, i.e. child’s birth certificate; parents’ marriage contract.
13(B) is an immigrant visa issued to a child of alien parents born during the temporary visit abroad of the mother. Checklist for a Child Born Abroad of Immigrant Mother Under Section 13(b) Duly notarized letter request by petitioning mother; General Application Form duly accomplished and notarized (BI Form No. MCL-07-01); ACR I-CARD of mother;…
Philippine marriage visa or 13(A) is an immigrant visa issued to thewife or the husband or the unmarried child under twenty-one years of age of a Philippine citizen. Application of 13 (A) visa should be filed before the Office of Bureau of Immigration (BI) and if all the requirements are complete, the BI will schedule…
The Philippines allows the admission of quota immigrants not exceeding fifty (50) annually of any nationality whose country has diplomatic relations with the Philippines or grants the same immigration privilege to Filipino citizens. Qualifications for Quota Immigrant Visa 1. ) Lawfully entered the Philippines and remains under a lawful admission status 2.) No record of…
In a previous article, we classified the causes for terminating employees in the Philippines as Just and Authorized Causes. We now give focus to the Just Causes. A Just cause is an act attributable to the employee which results in his termination. These causes are normally attended by gravity of the act and willful intent…
Labor Laws in the Philippines allow employers to terminate employees. The termination, however, must not be based on mere whim or caprice of the employer against his employee. It must stand on reasonable ground for the termination to be considered legal. These grounds are called the Authorized Causes of Termination. Differentiated from the Just Causes…
The SELLER pays for the: Capital Gains Tax equivalent to 6% of the selling price on the Deed of Sale or the zonal value, whichever is higher. (Withholding Tax if the seller is a corporation) Unpaid real estate taxes due (if any). Agent / Broker’s commission. The BUYER pays for the cost of Registration: Documentary…
In a very simple language, an employee is any person in the employ of another, who works for another whether it is for a specific job or not, and receives wages, salary or remuneration. There are different kinds of employees and one of which is a regular employee. The term “regular” means usual, normal or…
Batas Pambansa Blg 22, otherwise known as the Bouncing Checks Law, is enacted for the protection of the public, most especially the businessmen, who issue and receive checks as a matter of practice. In short, BP 22 punishes the mere issuance of a worthless check. A check is worthless when at the time of its…
Termination of Employees in the Philippines–A Guideline to Foreign Employers In the recent years, the Philippine government has supported campaigns in attracting foreign investments into the country. With these foreign investments, the problem of unemployment and underemployment is considerably solved. In welcoming foreigners in doing business in the Philippines, adequate information must be given to…
When our firm had over the weekend its first outreach program, Carlos was the first person to approach me. He worked as a computer programmer for 10 years in Dubai. Upon his return to his hometown, he opened a small computer shop below the apartment unit where he is staying. After six (6) months of…
The crime of theft is closely related to the crime of estafa. Oftentimes, it creates confusion to the victim as to what should be charged against his offender. However, although having similarities, these two crimes are very much different from each other. Theft = Material Possession + Misappropriation Theft is committed when the offender has…
Under the Republic Act No. 4726 or otherwise known as the Condominium Act of the Philippines, foreign nationals can acquire condominium units and shares in condominium corporations of not more than 40% of the total and outstanding capital stock of a Filipino-owned or controlled condominium corporation. The following are the exceptions to the 40% Foreign…
Why buy a condominium unit? Condominiums have become a very popular type of Philippine homes in the market today. Aside from it being attractive to those who are interested in investing their hard-earned money in real estate, they are often built on prime property or near business districts, commercial areas and tourist destinations. Having a…
Payment is one of the ways to extinguish a debt. According to Article 1233 of the Civil Code of the Philippines, “[a] debt shall not be understood to have been paid unless the thing or service in which the obligation consists has been completely delivered or rendered, as the case may be.” Thus, stated simply,…
What is Property Management? Property Management is defined as the operation, control of (usually on behalf of an owner), and oversight of commercial, industrial or residential real estate. It involves the processes, systems and work force required to manage all the acquired property including acquisition, control, accountability, responsibility, maintenance, utilization and disposition. …
Since the Philippines does not allow for dissolution of a valid marriage, it gives a solution to its citizens whose marriages are no longer capable of providing a harmonious atmosphere to the husband, the wife and their children – Legal Separation. The Family Code lays down ten (10) grounds for a petition for legal separation.…
A prenuptial agreement in the Philippines is required to be signed by the contracting parties and at least two witnesses of legal age prior to the celebration of marriage. As provided in Article 77 of the Family Code, “The marriage settlement and any modification thereof shall be in writing, signed by the parties and…
Marriages between Filipinos and foreigners have increased greatly in the recent years. Reasons for this include the escalation in the number of Overseas Filipino Workers (OFWs), as well as the influx of foreign presence in the Philippines. For lawyers in Family Law practice, it is not unusual to hear Filipinos’ misconceptions on being married and…
Before having your prenuptial agreements done in the Philippines, it may be helpful to understand the different regimes which may govern the property relations of spouses in the country, as listed in the Family Code of the Philippines. The System of Absolute Community (or ACP – Absolute Community of Property) This regime is a “template”…
Prenuptial agreements are slowly gaining prominence in the Philippines. Before, only members of prominent families would be expected to have a prenuptial agreement prior to the wedding date. Now, with the increased number of Filipino-foreigner relationships, the need to have a prenuptial agreement has begun to make a reputation. A prenuptial agreement (or prenup) is…
From the inception of the Family Code in August 1988, the requisites of a valid marriage in the Philippines had been divided into two major classifications: the Essential and the Formal. The essential requisites include: Legal capacity of the contracting parties, who must be male and female; and Consent freely given in the presence of…
The requisites of a valid marriage in the Philippines are classified into two – the essential and the formal. In a previous article, we have enumerated the essential requirements into: Legal capacity of the contracting parties who must be male and female; and Consent freely given in the presence of the solemnizing officer. The absence…
In the Philippines, mention marital discord and Filipinos will think of annulment of marriage. Speak of annulment and they will associate it with psychological incapacity. These terms had become famous concepts owing to the publicized annulments of prominent Philippine personalities in the recent years. The terms annulment and psychological incapacity have both been used inaccurately,…
Legal Separation or relative divorce is a judicial decree allowing married couples from living separately from bed and board. Compared to Declaration of Nullity of Marriage and Annulment of Marriage, not too many petitions for legal separation are filed in court. This is probably because legal separation does not have the effect of severing the…
The requisites of a valid marriage in the Philippines are grouped into two – the essential and the formal. Previously, we have provided an enumeration of the formal requisites of marriage on the Philippines. We recapitulate these as follows: Authority of the solemnizing officer; A valid marriage license, except in certain circumstances; and A marriage…
A marriage in the Philippines is generally considered void if any one of the essential or formal requisites of marriage, as listed under the Family Code of the Philippines, is absent. Likewise, there are additional grounds aside from absence of a requisite which make a marriage void or inexistent from the start. If a marriage…
There is a significant similarity in registering both utility model patents and industrial design patents in the Philippines. Most of the steps involved are the same except for slight differences in the manner of drafting some documentary requirements. The procedure for the registration of both utility model patents and industrial design patents in the Philippines…
Industrial design and utility model patents in the Philippines are two confusing concepts seldom known to the public. What usually comes to mind when there are inventions is the term “patent.” Inventions though, can still be protected despite its failure to meet the rigid standards imposed for patent registrations. This protection provided by Philippine intellectual…
CORPORATION is a juridical person created by operation of law under the Corporation Code. It has a personality separate and distinct from that of its stockholders. It consists of at least five (5) to fifteen (15) incorporators each of whom must hold at least one share. It must be registered with the Securities and Exchange Commission…
Q: What are the various types of business structures in the Philippines? A: The various types of business or organizational structures in the Philippines are sole proprietorship, partnership, corporation, branch office, representative office, regional headquarters and regional operating headquarters. Q: How do these business structures differ from one another? A: A. Business enterprises organized under…
Family is very much valued herein the Philippines. This is the reason why it is difficult for husbands and wives to get a favorable decree of annulment. Filing an annulment case or a petition for declaration of nullity of marriage requires money, time and effort. And even if you are willing to give out such…
Why is it important to file a patent application and register an invention? Is it not enough that we create an invention, mass produce it and sell it? Ownership of the invention is another equally important reason why we need to file a patent application. In the Philippines, we follow the first-to-file rule. The first…
Stock corporations in the Philippines are those characterized by the following: a) with a capital stock divided into shares among the stockholders; and b) there is a distribution of dividends based on the shares owned. Therefore, as long as the corporation meets the abovementioned requisites, it is classified as a stock corporation, regardless of size,…
One is deemed a project employee when the employment has been fixed for a specific project or undertaking the completion of which has been determined at the time of the engagement of the employee. Similarity to Seasonal Employee Project employee is somewhat similar to seasonal employee. The term “project employee” has also been equated to…
Some understands the word “probationary” as experimental or trial while others used the term to describe a period. However in labor and employment, it is a combination of both the process and the period. Definition In a general sense, a probationary employee is one who, for a given period of time, is being observed and…
Casual employee is one who is hired on occasional or temporary basis on an as-needed basis or to meet the employer’s staffing needs during periods of unusual circumstances, like when the business is at its peak or when the company has to meet the chain of supply and demand. Casual employees perform jobs not directly…
Otherwise known as Social Security System, SSS is a method created by the government to give protection to its members and beneficiaries in a form of financial assistance against the hazards of disability, sickness, maternity, old age, death and other events which resulted to loss of income or financial distress. Coverage of SSS Social Security…
If you notice, before you can actually start reporting for a new job, human resource personnel of the company would ask you if you have a Pag-Ibig number, otherwise they will ask you to apply for one or they will do it for you. It is one of the requirements that a new employee must…
The condominium Act in the Philippines, as provided in Republic Act No. 4726 lays down the rule and requirements for the creation of condominiums. As defined by law, a condominium is an interest in real property consisting of a separate interest in a unit in residential, industrial or commercial building and an undivided interest in…
Termination by the employer of its employees is one act tolerated by law. But, once an employee is terminated without any valid and justifiable cause, there is an illegal dismissal. When can there be an Illegal Dismissal There can be an illegal dismissal if the following circumstances are present: 1. The dismissal is without just…
Constructive dismissal is defined as quitting because continued employment is rendered impossible, unreasonable or unlikely. (Philippine Japan Active Carbon Corporation vs. NLRC, G. R. No. 83239, March 8, 1989). This exercise of an employer is considered illegal. Usually, constructive dismissal happens when an employee is reassigned to another work, demoted, or transferred. There may be…
Consistent with the constitutional principle that the state must afford full protection to labor, several rights are conferred to the labor force. Rights are not exclusive to regular employees but are guaranteed more if the employee has gained the status of regular employment. Security of Tenure Regular employees are assured of security of tenure as…
Right of employees to form union is one way of affording labor their right to self-organization. Right to self-organization is not only protected by the labor laws but also by the Philippine Constitution, the supreme law of the land. Section 3 of Republic Act No. 875 provides that employees shall have the right to self-organization…
Article 77 of the Family Code provides that the marriage settlements and any modification thereof shall be in writing, signed by the parties and executed before the celebration of the marriage. They shall not prejudice third persons unless they are registered in the local civil registry where the marriage contract is recorded as well as…
Venturing in a franchise business is not always an assurance of a successful business. Some franchise business did well, while others failed, thereby causing loss of all business assets, and worse personal and material possessions. Many get attracted of the promising nature of a franchise business without thinking of its imminent downsides if it was…
Indeed, franchising falls within the context of business management. The world where business persons breathe in is different from the sphere where lawyers revolve in. Yet, in many various situations, these two worlds may coincide, making one in vain without the other. One concrete example is when business persons turned to franchising. Some may have…
Claims for Social Security benefits shall be filed at the SSS Office. As to which SSS office can the claim application be filed depends on the type of claim. In filing a claim for SSS benefits, a member shall prepare all the necessary documents related to the claim. Documents should include SSS forms relevant to…
An employee who feels that his rights as an employee was violated because he was wrongfully dismissed can lodge a complaint for illegal dismissal. What to do? But prior to that, make an assessment of yourself and of your situation. Part of your assessment is the availability of the employment documents which will form part…
The Family Code of the Philippines discussed the effect of a foreign decree of divorce in the Philippines if it is obtained by the alien spouse in a foreign country. Stated briefly, if such divorce is validly obtained in a foreign country and as a result, the alien spouse is allowed to remarry, then the…
Republic Act No. 7877, commonly known as the Anti Sexual Harassment Act punishes those who are guilty of sexual harassment in the employment, education and training grounds. Who May be Held Liable The following persons may be held liable for sexual harassment: Any employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach,…
Labor outsourcing has become a familiar term in the Philippine business setting. Many companies have been exercising this prerogative such that some independent functions of the business are now being performed by outsourced personnel. Per se, exercising this prerogative is not illegal. If done within the standards set by law, independent contracting can actually improve…
Recruitment, under the Labor Laws of the Philippines, is defined as any act of canvassing, enlisting, hiring, or procuring workers, including referring contract services, promising or advertising for employment abroad, whether for profit or not. It is also provided for under the laws of the Philippines that before anyone performs any of these acts, he…
At present, property management is vital in real estates. Any person who values the success of his real estate investment should know the importance of good property management. Investing in property can be highly profitable. It provides a more secure future for you and your family. Even if you do not have time to manage…
A crime against honor, Libel is committed when the offender publicly and maliciously accuses another of a crime, or a vice or defect, whether it is real or imaginary, or any act, omission, condition, status or circumstance. The accusation should be directed at a person, whether living or dead, and it must cause the dishonor,…
The crime is oral defamation if the libelous remarks were not printed. Oral defamation is the malicious act of spreading untrue statements about someone, with the intention to harm. Like in libel, the victim need not hear the slander. It is sufficient that the slanderous remarks be made publicly, or that there other persons who…
Pretending to be the Owner of any Real Property Any person who pretends to be the owner of any real property and conveys, sells, encumbers or mortgages the same shall be liable for swindling. In this situation, the offender must be a person who represents himself to be the owner of an immovable property, then…
WHAT IS THE ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004? The protection and safety of women has always been a long-time concern of the State. For years, women have become victims of gender violence, and as members of the weaker gender, only very few of the victims have had courage to defend themselves…
The “Deed of Sale” or “Deed of Absolute Sale” is the document showing legal transfer of real estate property ownership. It is entered into by two parties namely, the buyer and the seller who must be of legal age. After notarization, the deed of sale is then taken to the Registry of Deeds to be…
Sham, abuse of trust and confidence, serious dishonesty – all these words describe Estafa, a crime commonly committed here in the Philippines. There is Estafa when one person is damaged by another person who either tricked another into believing a false pretense, or abused the trust and confidence that was reposed on him. In either…
The Civil Code of the Philippines discusses several ways on how to extinguish a previously contracted debt, namely: NOVATION, COMPENSATION, MERGER, REMISSION, and PAYMENT. Although there are still other ways, these five methods are the most commonly known. In brief discussion: Novation occurs when the contract between the borrower and the lender is modified either…
Loan in the Philippines – Monetary Obligation There are two kinds of loan in the Philippines: commodatum and mutuum (simple loan). Commodatum happens when one party (called the bailor) delivers personal property to another (called the bailee), and the bailee has the obligation to return to the bailor the exact same thing delivered to him.…
Final Demand Letter : Lawyer’s Assistance is a Plus A demand for payment of monetary obligation has always been important in collection of debt. Through a demand, the borrower is made aware that his obligation to pay the debt has already become due. A demand may be done orally or in writing. In either case,…
Dissolution of marriage, or what we call in simple terms as divorce, has become a remedy to spouses whose marriages have plummeted downhill. However, though this remedy is obtainable in a lot of countries, Philippines has remained to steer clear away from Divorce law. Since Philippines does not adhere to divorce, a lot of Filipinos…
As a general rule, the Philippines does not adhere to divorce. However, by way of exception to this general rule, the Philippines now recognizes a foreign decree of divorce granted by a foreign court to an alien spouse of a Filipino. For instance, Juan, a Filipino, is married to Jane, an American. If Jane files…
“What God has joined together let no man put asunder” – this is a biblical phrase that best describes marriage in the Philippines, a country predominated by Christians. This only means that the Filipinos respect the sacrament of marriage for it is a union of two persons under the authority of God. It is with…
The Family Law of the Philippines distinguishes void from voidable marriages. Void and voidable marriages differ on many aspects, starting from its nature, effects on the marriage, as well as the remedy available to parties whose marriage fall under either of the categories. Below are the comparisons between the two: As to nature. A void…
There is no divorce in the Philippines. With the recent ratification of divorce in Malta, the Philippines and the Vatican City remain as the only states in the world which do not support divorce. The influence of the church is seen as reason for the continued ban on divorce in the Philippines. The country is…
A client asked his lawyer: “Attorney, can I sue my friend for violating our agreement even if we have no contract?” This question is not unusual but paradoxical. The paradox lies with the misconception of what is a contract. A contract is a meeting of minds between two persons whereby one binds himself, with respect…
Why is it important to file a patent application and register an invention? Is it not enough that we create an invention, mass produce it and sell it? Ownership of the invention is another equally important reason why we need to file a patent application. In the Philippines, we follow the first-to-file rule. The first…
The Philippine Board of Investments (BOI) is an attached agency of Department of Trade and Industry (DTI). It is tasked to spearhead projects aimed at increasing foreign investments into the country.Annually the BOI, along with other government agencies, comes up with an Investment Priorities Plan (IPP). The IPP is an approved list of priority activities…
