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Biden boosts U.S. influence on G20, Vietnam
United States President Joe Biden arrives in India Friday for the Group of 20 summit and proceeds to Vietnam Sunday, both aimed at boosting US influence amid division caused by the war in Ukraine and territorial dispute in the South China Sea. Biden is hoping to seize on the absence of Chinese leader Xi Jinping and Russian President Vladimir Putin at the G20 summit. The US president said on X, formerly known as Twitter, that he was showing his country’s commitment to the G20 as a forum that can deliver. White House officials said Biden would in particular stress a plan to increase World Bank and International Monetary Fund lending power for emerging nations by some $200 billion as a better alternative to Beijing’s “coercive” Belt and Road Initiative. But the absence of Xi and Putin underscores the divisions in the G20 and could hamper Biden’s bid to keep the bloc as the leading forum of global economic cooperation. In Hanoi, Biden and ruling Vietnamese Communist party chief Nguyen Phu Trong are expected to sign a major upgrade in ties between the two countries, who have overcome the painful legacy of the Vietnam War to grow close. They are expected to sign off on a “comprehensive strategic partnership,” Hanoi’s highest level of diplomatic ties. Currently, Vietnam only has ties at the same level with Russia, India, South Korea and China. Biden is betting that Vietnam won’t mind being closer to Washington at a time when China’s sweeping maritime claims in the South China Sea have fueled tensions with its Southeast Asian neighbors. However, Vietnam won’t be keen to play a role in balancing Washington and Beijing, Nguyen Quoc Cuong, the Vietnamese ambassador to US from 2011 to 2014, said. WITH AFP The post Biden boosts U.S. influence on G20, Vietnam appeared first on Daily Tribune......»»
Dismissal in disguise
Constructive dismissal has been defined as a dismissal in disguise, or an act amounting to dismissal but is made to appear as if it was not. More specifically, it is when an employee quits work because continued employment is rendered impossible, unreasonable, or unlikely, or when there is a demotion in rank or a diminution in pay and other benefits. (Dimagan v. Dackworks United, Inc., G.R. 191053, 28 November 2011). The test of constructive dismissal is whether a reasonable person in the employee’s position would have felt compelled to give up his or her employment under the circumstances (St. Paul College, Pasig v. Mancol, G.R. No. 222317, 24 January 2018). Here are some examples of acts that constitute constructive dismissal: In one case, an employee who was hired as a bookkeeper in a company engaged in the real estate business was held to be constructively dismissed when she was deprived of office space, was not given further work assignments, and was not paid her salaries until she was left with no choice but to stop reporting for work (Tan Brothers Corp. of Basilan City v. Escudero, G.R. 188711, 3 July 2013). In another case, an employee who was hired as a waiter in a hotel company was held to be constructively dismissed when his regular work days were reduced from five days to two days. The change in his work schedule thus resulted in the diminution of his take-home salary. The fact that he may have continued to report for work does not rule out constructive dismissal, nor does it operate as a waiver. (Regala v. Manila Hotel Corp., G.R. 204684, 5 October 2020). The Supreme Court explained that “constructive dismissal occurs not when the employee ceases to report for work, but when the unwarranted acts of the employer are committed to the end that the employee’s continued employment shall become so intolerable. In these difficult times, an employee may be left with no choice but to continue with his employment despite abuses committed against him by the employer, and even during the pendency of a labor dispute between them.” (The Orchard Golf and Country Club v. Francisco, G.R. 178125, 18 March 2013). In another case, a managerial employee was instructed to perform functions that were below her position. When she assigned another person to do the said functions and suggested a different procedure to her boss, the latter reacted negatively and told her she was stupid and incompetent. She was also asked to resign on more than one occasion but was later told to stay. After she was assured that she could keep her job, she was treated indifferently by the management. The Supreme Court held that acts of disdain and hostile behavior such as demotion, uttering insulting words, asking for resignation, and apathetic conduct towards an employee are tantamount to constructive dismissal. (Bayview Management Consultants Inc. v. Pre, G.R. 220170, 19 August 2020). In another instance, an employee became the subject of constructive dismissal in the guise of a transfer. She was initially promoted to the position of Chief Operating Officer in one of the employer’s branches. However, two months after her promotion, she was appointed instead as Compliance Manager, and her position of COO was declared abolished when the management decided to undertake an “organizational restructuring.” It appears, however, that the said position was actually never abolished as another employee was appointed to take her place. The appointment was even publicly announced via an official communication disseminated company-wide. The Supreme Court held that when another employee is soon after appointed to a position that the employer claims to have been abolished, while the employee who had to vacate the same is transferred against her will to a position that does not exist in the corporate structure, there is evidently a case of illegal constructive dismissal. (Ico v. Systems Technology Institute, Inc., G.R. 185100, 9 July 2014). An employee who is constructively dismissed is entitled to two reliefs, namely, back wages and reinstatement. However, where reinstatement is no longer feasible, the employee shall be granted separation pay in lieu of reinstatement (Cornworld Breeding Systems Corp. v. Court of Appeals, G.R. 204075, 17 August 2022). For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cabdo@divinalaw.com. The post Dismissal in disguise appeared first on Daily Tribune......»»
Floating status
Dear Atty. Maan, My husband, who works under a Security agency, was informed that he cannot report to work and was placed under “floating status” due to lack of clients who he can be of service of. Now, almost seven months had already passed and he is still not given any assignments. When he inquired regarding the status of his employment, he was still refused to return to work and noticed that new hires of the agency were already given their assignments but nothing for him. Do you think a complaint for constructive dismissal will prosper in his case, Atty.? Marge Dear Marge, Similar to your case, the Supreme Court ruled in of Seventh Fleet Security Services Inc. vs Loque, G.R. No. 230005, 22 January 2020 to wit: “While there is no specific provision in the Labor Code governing the “floating status” or temporary “off-detail” of employees, the Court, applying Article 301 (286) of the Labor Code by analogy, considers this situation as a form of temporary retrenchment or lay-off. Article 301 [286] of the Labor Code reads: ART. 301. [286] When Employment not Deemed Terminated. — The bona fide suspension of the operation of a business or undertaking for a period not exceeding six months, or the fulfillment by the employee of a military or civic duty shall not terminate employment. In all such cases, the employer shall reinstate the employee to his former position without loss of seniority rights if he indicates his desire to resume his work not later than one month from the resumption of operations of his employer or from his relief from the military or civic duty. Conformably with the above provision, the placement of an employee on “floating status” must not exceed six months. Otherwise, the employee may be considered constructively dismissed. Furthermore, the burden of proving that there are no posts available to which the security guard can be assigned rests on the employer. However, the mere lapse of six months in “floating status” should not automatically result to constructive dismissal. The peculiar circumstances of the employee’s failure to assume another post must still be inquired upon. In this case, it is undisputed that the complainant was placed on floating status beginning on the lapse of his 10-day suspension on 7 January 2014. Thus, at the time he filed the complaint for constructive dismissal and money claims on 28 July 2014, he has been on “floating status” for six months and 21 days. Considering that complainant was placed on floating status for more than six months without being deployed to a specific assignment, and that the letters dated 14 May 2014 and 28 May 2014 are bereft of any reference to any specific client or indication that he would be assigned to a specific client, he is therefore deemed constructively dismissed.” From the foregoing, given that your husband has expressed is strong indication that he wanted to resume work but was refused, was put on a floating status for more than six months, and the company has no sufficient reason to put him under the floating status, you may indeed consider filing for a case for constructive dismissal. Hope this helps. Atty. Mary Antonnette Baudi The post Floating status appeared first on Daily Tribune......»»
Hurry up
Looking back to the first year of President Ferdinand R. Marcos Jr.’s administration leads us to believe that he has pivoted out of his predecessor Rodrigo Duterte’s tight embrace of China and rebuilt friendships with old allies, particularly the US and Europe. In his official trips abroad to meet with leaders of other Association of Southeast Asian Nations, he never failed to be emphatic about the need to comply with international law and the UN Convention on the Law of the Sea. Explicit appeals had also been made to European nations to support the enforcement of UNCLOS and the historic decision of the Arbitral Tribunal in the South China Arbitration (Philippines v. People’s Republic of China) of 12 July 2016 that unanimously favored our beloved Philippines in its dispute against Chinese claims on Philippine territorial waters. In rebuilding ties with the US, four more US bases were added to the existing five sites under the 2014 Enhanced Defense Cooperation Agreement or EDCA that was signed to bolster the Visiting Forces Agreement between the two countries. While we leave the wisdom of more EDCA sites to the security sector, which should prioritize the national interest above anything else, there is another equally important sector confronted by challenges. The Philippine Atmospheric, Geophysical and Astronomical Services Administration raised the El Niño alert, saying it may declare the start of the phenomenon this week as it expects it in the next two months with a probability of 70 percent. Defined as a climate phenomenon characterized by the abnormal warming of the surface waters of the eastern tropical Pacific Ocean, El Niño could have significant effects on global weather patterns, including on agriculture. Given that farmers, policymakers, and agricultural communities must monitor weather forecasts and adapt their practices to mitigate potential impacts, the President continues to take the lead in handling agriculture — a stand that has been met with askance by many, even among those in the government. Eyebrows were raised at the seeming inability to effectively address what bedeviled agriculture in the past year, including the ginormous prices of essential commodities like sugar, eggs, and onions, which at one point rocketed to as high as P700 a kilo. Behind the critical headaches in the agri sector are the already suffering Filipinos whose pockets are badly frayed by inflation rates, and farmers losing their only source of livelihood. A lingering controversy is the government’s addressing of the soaring rise in sugar prices through importation. In 2022, Sugar Order No. 4 was issued by the Sugar Regulatory Administration, giving the nod to import 300,000 metric tons of sugar. Who would forget that the denial resulted in the firing of SRA and DA officials, along with then-Executive Secretary Vic Rodriguez? Likewise puzzling is the recent selection of just three entities to import 440,000 metric tons of sugar. It remains unclear who handpicked sugar traders All Asian Countertrade, Sucden Philippines Inc., and Edison Lee Marketing Corporation. Either way, it doesn’t look good and bears clarification. Everyone, including many of the President’s supporters, is clueless as to why, despite the myriad issues and problems that he has to attend to in all other sectors, a full-time secretary is yet to be appointed — someone who could give the department and the sector his/her full-time attention. Faced with the imminent threats of El Nîno, time is of the essence. Lowly Filipinos cannot afford to wait unprepared for the dry spell with shifts in rainfall patterns. Whatever it takes, it is crucial to act quickly, efficiently, and without delay. In the words of Albert Einstein, “We cannot solve our problems with the same level of thinking that created them.” To solve agricultural problems, we need to think beyond the existing mindset or approach that might have contributed to those problems in the first place. The post Hurry up appeared first on Daily Tribune......»»
Thai PM front runner claims enough Senate support for top job
The front runner to become Thailand's next prime minister, Pita Limjaroenrat, said on Tuesday he had secured enough support from the Senate to take the top job. Pita's progressive Move Forward Party won the most seats at last month's election as voters delivered a crushing rejection of military-linked parties that have run the kingdom for nearly a decade. To become PM, Pita has to muster a majority across both houses, including the Senate, whose 250 members were handpicked by the last junta. His eight-party coalition has a total of 312 seats in the lower house, but needs another 64 -- from either house -- for a majority. Asked on Tuesday how many senators would endorse him, Pita told reporters at the parliament building: "Enough to make me become PM." Thailand's parliament is set to sit next Monday for the first time since the election and a vote on the prime minister is due in mid-July. MFP's determination to amend Thailand's tough laws against insulting the royal family has spooked the royalist-military conservative establishment. Pita dismissed speculation that his party's stance on reforming royal defamation laws could be a barrier to forming a government. Several senators have already said they will not vote for him as prime minister. Earlier this month the election commission set up an investigation to look at whether Pita was qualified to run for office, because of his alleged ownership of shares in a now-defunct media company. Legislators are not allowed to own media shares. MFP and fellow opposition outfit Pheu Thai dominated the May 14 election, in which voters roundly rejected Prime Minister Prayut Chan-O-Cha, a former army chief who came to power in a 2014 coup. The coalition has announced ambitious plans to rewrite the constitution -- scripted by Prayut's junta in 2017 -- as well as ending military conscription and allowing same-sex marriage. The post Thai PM front runner claims enough Senate support for top job appeared first on Daily Tribune......»»
Salient rights of an OFW
Previously, we discussed the rights of overseas Filipino workers or OFWs pre-employment. Among these rights are the inclusion of provisions in the Philippine Overseas Employment Administration standard employment contract which must be complied with before POEA approval. In this article, we will discuss the rights of OFWs during employment and post-employment. During employment: During the duration of their overseas employment, OFWs shall be entitled to the following rights: Right to self-organization Right to collective bargaining and negotiations; Right, to conduct peaceful concerted activities, including the right to strike in accordance with law; Right to security of tenure; Right to humane conditions of work; Right to living wages; and Right, to participate in policy and decision-making processes affecting their rights and benefits in accordance with the law. The enumerated rights are granted to an OFW under Article XIII Section 3 of the 1987 Constitution which states that “the State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.” On the right to security of tenure, OFWs are considered contractual employees whose employment ends upon the expiration of the fixed term provided for in their contracts. However, like local contractual or fixed-term employees, OFWs are also entitled to security of tenure during the period provided for in their contracts. (Roberto Ravago vs Esso Eastern Maritime and Trans-Global Maritime Agency Inc., G.R. 158324. 14 March 2005) To emphasize, OFWs are not stripped of their security of tenure when they move to work in a different jurisdiction. Thus, they are entitled to substantive and procedural due process before termination. They may not be removed from employment without a valid or just cause as determined by law and without going through the proper procedure. (Sameer Overseas Placement Agency Inc. v. Joy C. Cabiles, G.R. 170139, 5 August 2014) Post-employment Prior to the rulings of the Supreme Court in Antonio M. Serrano vs Gallant Maritime Services, Inc. (G.R. 167614, 24 March 2009) and Sameer Overseas Placement Agency Inc. v. Joy C. Cabiles (G.R. 170139, 5 August 2014), an OFW who has been terminated from employment without just, valid, or authorized cause, as defined by law or contract, shall be entitled to the following: Full reimbursement of his placement fee with an interest of twelve percent per annum; and Either his salaries for the unexpired portion of his employment contract or three months for every year of the unexpired term, whichever is less. However, the Supreme Court in the Serrano and Sameer cases held that the clause “or for three months for every year of the unexpired term, whichever is less” is unconstitutional. Thus, as it currently stands, an OFW who has been terminated from employment without just, valid, or authorized cause is entitled to the following money claims: Full reimbursement of his placement fee with an interest of twelve percent per annum; and All salaries for the unexpired portion of his employment contract. To note, the liability of the employer and the recruitment/placement agency of an OFW any money claims arising out of an employer-employee relationship or by virtue of any law or contract, including the claims discussed above, shall be joint and several. In other words, an OFW may file any of the above claims against either his employer or his recruitment or placement agency. For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cabdo@divinalaw.com. The post Salient rights of an OFW appeared first on Daily Tribune......»»
A complex geopolitical relationship
The geopolitical relationship between the Philippines and the United States has been a topic of debate and scrutiny, particularly in the context of China’s rising influence in the region. Some quarters argue that the United States is exploiting its alliance with the Philippines to advance its own selfish geopolitical interests against China. To understand the dynamics of the Philippines-US relationship, it is essential to consider their historical ties. The United States colonized the Philippines in the early 20th century and granted the country independence in 1946. Since then, the two nations have maintained a close alliance, primarily through the 1951 Mutual Defense Treaty. This treaty commits both countries to support each other in the event of an armed attack. One cannot deny that the United States has its own strategic interests in the Asia-Pacific region, and the Philippines plays a significant role in that context. These interests include safeguarding regional stability, ensuring freedom of navigation, and promoting democratic values. The presence of American military forces in the Philippines, notably through the Enhanced Defense Cooperation Agreement signed in 2014, serves these objectives. China’s increasing economic and military power in the Asia-Pacific region has led to concerns among many countries, including the Philippines. China’s assertiveness in the South China Sea, including territorial claims that overlap with those of the Philippines, has created tension and heightened the need for regional allies. In this context, the United States provides a counterbalance to China’s influence, as it has a vested interest in maintaining a stable regional order. While it is true that the United States has its own interests in the Philippines, it is important to recognize that the relationship is not one-sided. The Philippines benefits from the alliance in various ways. The US provides military assistance, training, and equipment to enhance the capabilities of the Philippine armed forces. Moreover, economic ties between the two countries promote trade and investment, fostering economic growth in the Philippines. The South China Sea dispute is a central issue that affects both countries. The US has been vocal in supporting the Philippines’ position on maritime rights and freedom of navigation. By maintaining a presence in the region, the US helps deter any potential aggression by China and ensures that international law and norms are upheld. From the Philippines’ perspective, US support provides a crucial boost in its efforts to protect its territorial claims. While the Philippines benefits from its alliance with the United States, it also strives for strategic autonomy. The current administration in the Philippines has pursued a policy of engaging multiple powers, including China, to diversify its diplomatic and economic relationships. This indicates that the Philippines is not solely reliant on the United States but seeks to balance its interests with those of other nations in the region. The geopolitical relationship between the Philippines and the United States is complex and multifaceted. While it is true that the United States has its own strategic interests in the region, it is an oversimplification to label the alliance as solely driven by selfish motives against China. The Philippines benefits from the alliance in terms of security cooperation, economic ties, and support in the South China Sea dispute. At the same time, the Philippines also pursues a policy of strategic autonomy, engaging with various powers to safeguard its own interests. A comprehensive understanding of this relationship requires acknowledging the nuanced interplay of geopolitical factors and the evolving regional dynamics. The post A complex geopolitical relationship appeared first on Daily Tribune......»»
Biden to meet Marcos amid rising tension with China
United States President Joe Biden will welcome Philippine President Ferdinand Marcos Jr. to the White House on May 1 in a sign of a warming bond between the two nations amid US tensions with China over Taiwan. Biden will reaffirm Washington’s "ironclad commitment to the defense of the Philippines, and the leaders will discuss efforts to strengthen the longstanding US-Philippines alliance," White House Press Secretary Karine Jean-Pierre said. The White House announcement comes a week after the largest-ever joint US-Philippines military exercises in the disputed South China Sea in the face of China's growing assertiveness in the region, particularly over Taiwan, the self-governing island it claims as its own. Last week, the US secretaries of Defense and State met with their Philippine counterparts in Washington in a high-level summit, days after the US gained greater military access in the Philippines. Defense Secretary Lloyd Austin warned of "a troubling increase in coercion and dangerous operational behavior" in the South China Sea, an apparent reference to a three-day Chinese military exercise that simulated a blockage and targeted strikes against Taiwan. The White House statement said Biden and Marcos would discuss other matters including economic cooperation, clean energy and respect for human rights. "The two leaders will also discuss regional matters and coordinate on efforts to uphold international law and promote a free and open Indo-Pacific," the statement said. Manila earlier this month announced the locations of four more military bases it is allowing the US military to use on top of the five agreed on under the 2014 Enhanced Defense Cooperation Agreement, known as EDCA. The deal allows US troops to rotate through and store defense equipment and supplies. China warned last week the expanded military deal could endanger regional peace, and accused Washington of a "zero-sum mentality." The four additional bases include sites near the hotly disputed South China Sea and another not far from Taiwan. Marcos said China's reaction over the expanded military deal was "not surprising," but assured them the Philippines is only shoring up its territorial defense. "We will not allow our bases to be used for any offensive actions. This is only aimed at helping the Philippines whenever we need help," Marcos told reporters. "If no one is attacking us, they need not worry because we will not fight them." US-Philippines ties stalled under former president Rodrigo Duterte, who favored closer ties with China. But Marcos, who succeeded Duterte in June, has adopted a more US-friendly foreign policy. The post Biden to meet Marcos amid rising tension with China appeared first on Daily Tribune......»»
PH media slam Chinese foreign ministry’s claims of manipulating WPS reports
Philippine media groups criticized the Chinese foreign ministry for suggesting that recent reports on Chinese harassment of Filipino vessels in the West Philippine Sea involved video manipulation and sensationalism to portray the Philippines as a victim. The Foreign Correspondents Association of the Philippines (Focap) and National Union of Journalists of the Philippines (NUJP) expressed offense.....»»
BARMM launches social services programs online portal
BARMM launches social services programs online portal.....»»
D.C.Plinado Campaign pushed
DAVAO City Councilor Bai Hundra Cassandra Dominique N. Advincula urged Dabawenyos to continue embodying the "culture of discipline", as a legacy, and to be conscious of turning it into the key for the city's growth......»»
FOCAP condemns Chinese embassy’s claims on ‘manipulated’ West Philippine Sea videos
The Foreign Correspondents Association of the Philippines strongly rejected and condemned yesterday China’s “false and baseless” claims that journalists manipulate videosthey recorded in the South China Sea to present the Philippines as a victim......»»
EAM Jaishankar visits Indian Coast Guard Ship Samudra Paheredar in Manila
Manila [Philippines], March 27 (ANI): External Affairs Minister S Jaishankar visited Indian Coast Guard Ship Samudra Paheredar on Tuesday during its port call to Manila and said that India's Act East policy and Indo-Pacific vision will continue to give it a more contemporary form. He presented his remarks at the Indian Coast Guard Ship Samudra Paheredar on Tuesday and said that his visit and the ship's presence signify th.....»»
UP Diliman warns of unofficial ads about online courses
The University of the Philippines Diliman on Wednesday warned the public against the spread of advertisements claiming to offer online courses in the university's name......»»
Panatag is proven PH territory; China claims it by bogus history
A civilian supply expedition to Panatag (Scarborough) is set this summer. The shoal is Philippine territory. Filipinos have every right to enter its 15,000-hectare lagoon bound by rocks and reefs......»»
‘Trade with China should continue’
The Philippines should continue to pursue stronger trade ties with China despite rising tensions in the West Philippine Sea, according to the Federation of Filipino-Chinese Chambers of Commerce and Industry Inc. and the Department of Trade and Industry......»»
'We firmly support Philippines in upholding its national sovereignty': EAM Jaishankar in Manila
Manila [Philippines], March 26 (ANI): External Affairs Minister, S Jaishankar, who is on a formal visit to Manila, said on Tuesday that India firmly supports the Philippines in upholding its national sovereignty and will continue to further enhance cooperation in various fields, including defence and security. "We firmly support the Philippines in upholding its national sovereignty. So I think our position is very clear......»»
Philippines braces for La Nina, continues to deal with El Nino
MANILA, March 26 (Xinhua) -- The Philippines will continue to implement measures to lessen the impact of the El Nino weather phenomenon, as it braces for the opposite La Nina weather pattern, Philippine Science and Technology Secretary Renato Solidum said Tuesday. Solidum said in a news conference that the Department of Science and Technology's record showed that as of Sunday, 37 provinces across the country hav.....»»
Blazers emerge as masters of NCAA lawn tennis
College of St. Benilde flexed its muscle in lawn tennis after it mightily swept both the men’s and women’s division of the recently concluded NCAA Season 99 edition at the PCA courts in Paco, Manila......»»
Angat’s water to hit below minimum level in June
The water elevation in Angat Dam dropped to 200.05 meters yesterday and may go down below its minimum operating level of 180 meters in June due to the El Niño phenomenon, according to the Philippine Atmospheric, Geophysical and Astronomical Services Administration......»»