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Marcos admin eyes building 20 new dams by 2028
To meet the country’s growing demand for water and power, the government is eyeing to build 20 medium and three to five large dams by 2028, the end of President Marcos’ term, according to National Irrigation Administration head Eduardo Guillen......»»
Big 4 Volleyball tilt marks successful inaugural season, eyes bigger tourneys soon
CEBU CITY, Philippines — The Big Four Volleyball Tournament wrapped up last weekend successfully at the Warehouse Sports Lab in Mandaue City. This grassroots volleyball tournament saw inaugural champions being crowned. The Subangdaku Trojans emerged as champions in the 13-under and the girls 14-17 divisions, while Cabancalan National High School ruled the 14-17 boys division. .....»»
NEWS BRIEFS | 25 March 2024
Senate eyes probe of resorts within the slopes of Mt. Apo Following the controversy involving the establishment of a resort reportedly within the famed Chocolate Hills in Bohol province, Senator Raffy Tulfo, chair of the Senate Committees on Energy and Migrant Workers, is setting his sights on the resorts located on the slopes of Mt. […].....»»
New Anao bridge in Mexico opened
New Anao bridge in Mexico opened.....»»
The iris reveals it all
William Shakespeare once said, “The eyes are the window to your soul......»»
Expelled solon Teves eyes political asylum; detention extended
The legal team of expelled lawmaker Arnolfo Teves Jr. is looking to exhaust all legal remedies possible, including political asylum in Timor-Leste, Teves' lawyer Ferdinand Topacio said......»»
Asialink eyes P2.4 billion in truck loans as e-commerce grows
Asialink Finance Corp. is looking at lending as much as P2.4 billion this year to the fast growing market for brand new and used trucks that are essential to the growth of e-commerce and logistics......»»
Bacolod eyes construction of 4 primary care facilities
Bacolod eyes construction of 4 primary care facilities.....»»
PBCom eyes P2 billion from new bond issue
The Philippine Bank of Communications is looking to raise at least P2 billion, with an option to oversubscribe, from the first tranche of its new peso bond program......»»
Google Drive Going Dark Soon?
It seems like the highly popular cloud storage service Google Drive will go dark soon – as in dark mode, for its web version so people who are on the dark side can enjoy their favorite cloud storage platform without squinting their eyes. The report comes from a post from 9to5google, as they’ve received a […].....»»
Retirement Pay Law
Dear Atty. Joji, My Dad has been a part-time faculty member of a well-known university since the 1980s. At 65, the age of retirement, he claimed, in accordance with Republic Act 7641, otherwise known as the New Retirement Pay Law, retirement benefits after two decades of employment and service. However, the university denied my dad’s claim for retirement benefits because only full-time permanent faculty of the said university is entitled to said benefits pursuant to university policy and the CBA. Since my dad has not been granted retirement benefits under any agreement with or by a voluntary act, can my dad claim retirement benefits by mandate of any law? Cedrick Dear Cedrick, RA 7641 or the Retirement Pay Law shall apply to all employees in the private sector, regardless of their position, designation or status and irrespective of the method by which their wages are paid. They shall include part-time employees, employees of service and other job contractors and domestic helpers or persons in the personal service of another. The law does not cover employees of retail, service and agricultural establishments or operations employing not more than 10 employees or workers and employees of the national government and its political subdivisions, including government-owned and/or controlled corporations, if they are covered by the Civil Service Law and its regulations. Moreover, in the case of De Lasalle Araneta University vs Bernardo, G.R. 190809, the Supreme Court ruled: “For the availing of the retirement benefits under Article 302 [287] of the Labor Code, as amended by Republic Act 7641, the following requisites must concur: (1) the employee has reached the age of 60 years for optional retirement or 65 years for compulsory retirement; (2) the employee has served at least five years in the establishment; and (3) there is no retirement plan or other applicable agreement providing for retirement benefits of employees in the establishment. It is a settled rule of statutory construction that the express mention of one person, thing, or consequence implies the exclusion of all others. The rule is expressed in the familiar maxim, expression unius est exclusio alterius. Bernardo — being 75 years old at the time of his retirement, having served DLS-AU for a total of 27 years, and not being covered by the grant of retirement benefits in the CBA — is unquestionably qualified to avail himself of retirement benefits under said statutory provision; equivalent to one-half month salary for every year of service, a fraction of at least six months being considered as one whole year. The rule of expressio unius est exclusio alterius is formulated in a number of ways. One variation of the rule is the principle that what is expressed puts an end to that which is implied. Expressum facit cessare taciturn. Thus, where a statute, by its terms, is expressly limited to certain matters, it may not, by interpretation or construction, be extended to other matters.” Hope this helps. Atty. Joji Alonso The post Retirement Pay Law appeared first on Daily Tribune......»»
Preventive suspension
Dear Atty. Joji, Our Manager was charged with policy violations and fraud. Pending administrative investigation, he was placed under preventive suspension without pay for a period of 30 days. Later, it was discovered that he approved payments for work not done and involved unaccredited third parties, as such it is recommended by the management that his preventive extension be extended. May an extension of the period of preventive suspension be imposed for a separate or distinct offense upon an employee? Anthony *** Dear Anthony, Yes, a subsequent preventive suspension may be imposed for a separate or distinct offense upon an employee. Whilethe provisions regarding preventive suspensions found in Sections 9 of Rule XXIII, Book V of the Omnibus Rules, asamended by Department Order No. 9, Series of 1997, limits the period of preventive suspension to 30 days, such timeframe pertains only to one offense by the employee. In the case of Smart Communications Inc. v. Solidum,G.R. No. 19776; 7 December 2015, the Supreme Court ruled that: “The respondent was validly placed under second preventive suspension for the reason that pending investigation of separate and distinct set of offenses committed by therespondent, as contained in the second Notice to Explain, his continued presence in the company premises duringthe investigation poses serious and imminent threat to the life or property of the employer and co-workers. The Courtfurther ruled that these newly discovered transgressions would, thus, require an additional period to investigate.”By a preventive suspension, an employer protects itself from further harm or losses because of the erring employee.This concept was explained by the Court in Gatbonton v. National Labor Relations Commission: An employee may be placed under preventive suspension, when: The evidence of guilt is strong, and the employer or head of establishment is convinced that the continued stay of the employee during the period of investigation constitutes a distraction to the normal operations of the company; and His continued employment poses a serious and imminent threat to life or property of the employer or his co-workers As such, for an offense, the preventive suspension cannot go beyond 30 days. However, if the employee is charged with another offense, then the employer is entitled to impose a preventive suspension not to exceed 30 days specifically for the new infraction. Indeed, a fresh preventive suspension can be imposed for a separate or distinct offense. Thus, an employer is well within its rights to preventively suspend an employee for other wrongdoings that may be later discovered while the first investigation is ongoing. Hope this helps. Atty. Joji Alonso The post Preventive suspension appeared first on Daily Tribune......»»
Helper woes
Dear Atty. Joji, Our house helper absconded from her job without prior notice. While having to find her replacement is one issue, the bigger concern is that she owes us almost P100,000. We want to take legal action because such amount of money is hard to come by. What type of case can we file to pursue this matter legally? Maris *** Dear Maris, Based on the facts you provided, filing a “Small Claims” case before the lower-level court or the Metropolitan Trial Court is applicable in your case. A.M. No. 08-8-7-SC or “The 2016 Revised Rules of Procedure for Small Claims Cases” provides: Small claims refer to cases involving monetary disputes where the amount in question does not exceed P1,000,000, excluding interest and costs. The purpose of a small claims process is to provide a simpler and a more inexpensive and expeditious means of settling disputes involving purely money claims. The claim or demand may be: (a) For money owed under any of the following: Contract of Lease; Contract of Loan and other credit accommodations; Contract of Services; or Contract of Sale of personal property, excluding the recovery of the personal property, unless it is made the subject of a compromise agreement between the parties. The procedure on small claims cases was promulgated for faster resolution of claims. Since the amount of claim is relatively small, it is the court’s policy not to keep these cases from dragging for long periods before finally being decided. Since the proceedings must be speedy, inexpensive, and informal, the procedure was simplified. However, it is important to note that in Small Claims Cases, parties are generally not allowed to be represented by lawyers. A case for Small Claims may be commenced as follows: SEC. 6. Commencement of Small Claims Action. — A small claims action is commenced by filing with the court an accomplished and verified Statement of Claim (Form 1-SCC) in duplicate, accompanied by a Certification Against Forum Shopping, Splitting a Single Cause of Action, and Multiplicity of Suits (Form 1-A-SCC), and two (2) duly certified photocopies of the actionable document/s subject of the claim, as well as the affidavits of witnesses and other evidence to support the claim. No evidence shall be allowed during the hearing which was not attached to or submitted together with the Statement of Claim, unless good cause is shown for the admission of additional evidence. Alternatively, an action for breach of her employment contract, if any, may be filed against her for her sudden departure without providing proper notice. Hope this helps. Atty. Joji Alonso The post Helper woes appeared first on Daily Tribune......»»
Disability Benefits
Dear Atty. Joji, My father sustained a back injury due to the heavy lifting involved in his current job. In his recent check-up, he received advice to refrain from heavy lifting to prevent further aggravation of the injury. In this situation, Atty., would he be eligible for compensation considering that his injury resulted from the nature of his job? Javier Dear Javier, Disability benefits are granted to an employee who sustains an injury or contracts a sickness resulting in temporary total, permanent total, or permanent partial, disability. For the injury and the resulting disability to be compensable, they must have necessarily resulted from an injury or accident arising out of and in the course of employment. Citing the case of Iloilo Dock & Engineering Co. v Workmen’s Compensation Commission, the Court explained the phrase “arising out of and in the course of employment” in this wise: The two components of the coverage formula — “arising out of” and “in the course of employment” — are said to be separate tests that must be independently satisfied; however, it should not be forgotten that the basic concept of compensation coverage is unitary, not dual, and is best expressed in the word, “work-connection, because an uncompromising insistence on an independent application of each of the two portions of the test can, in certain cases, exclude clearly work-connected injuries.” The words “arising out of” refer to the origin or cause of the accident, and are descriptive of its character, while the words “in the course of” refer to the time, place and circumstances under which the accident takes place. As a matter of general proposition, an injury or accident is said to arise “in the course of employment” when it takes place within the period of the employment, at a place where the employee may reasonably... be, and while he is fulfilling his duties or is engaged in doing something incidental thereto. Thus, for injury to be compensable, the standard of “work connection” must be substantially satisfied. The injury and the resulting disability sustained by reason of employment are compensable regardless of the place where the injured occurred, if it can be proven that at the time of the injury, the employee was acting within the purview of his or her employment and performing an act reasonably necessary or incidental thereto. Hope this helps. Atty. Joji Alonso The post Disability Benefits appeared first on Daily Tribune......»»
Equal employment opportunity
Dear Atty. Joji, My brother applied as a call center agent here in Manila. Lately, he was diagnosed with a chronic illness which incapacitated him to walk. Upon receiving the job offer, he was notified that due to his disability, his wage would amount to 75 percent of the wage earned by non-disabled employees in the same position. Dismayed, he did not accept the job offer. Is the employer’s contention correct, Atty.? Anthony *** Dear Anthony, No, the employer is not correct. Under Section 5 of RA 7277, as amended by RA 10524, a qualified disabled employee shall be subject to the same terms and conditions and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as a qualified able-bodied person. Under Section 6 of the IRR of RA 10524: “Section 6. Equal Employment Opportunity Opportunity for suitable employment shall be open to all qualified PWDs. Efforts shall be exerted to provide qualified PWDs equal opportunity in the selection process based on qualification standards prescribed for an appointment to a position in government and requirements set by the employers in private corporations. No PWD shall be denied access to opportunities for suitable employment. A qualified employee with disability shall be subject to the same terms and conditions of employment and the same compensation, privileges, benefits, fringe benefits, incentives, or allowances as an employed able-bodied person. A person with disability shall not be discriminated on the basis of disability with regard to all matters concerning all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, career advancement, and safe and healthy working conditions.” A qualified disabled person is an employee who can perform, with or without reasonable accommodations, the essential functions of her employment. In this case, your officemate is a qualified disabled person. There was no allegation that she cannot perform the essential functions of her employment. The employer should not have had her wage cut below minimum wage and should have provided the same compensation received by able-bodied employees, since the Magna Carta for Persons with Disability effectively amended Article 80 of the Labor Code with regard to minimum age of such workers. Hope to have enlightened you with your query. Atty. Joji Alonso The post Equal employment opportunity appeared first on Daily Tribune......»»
Small claims case
Dear Atty. Joji, I provided trucking services under contract for a renowned food manufacturing company. After the duration of the contract, my services were not paid amounting to nearly P500,000. Determined to address this issue, I received advice to file a case for Small Claims against them. Can you provide me with some insights on this matter, Atty.? Anna *** Dear Anna, Small claims refer to cases involving monetary disputes where the amount in question does not exceed P1,000,000, excluding interest and costs. The purpose of a small claims process is to provide a simpler, more inexpensive, and expeditious means of settling disputes involving purely money claims. A.M. No. 08-8-7-SC or “The 2016 Revised Rules of Procedure for Small Claims Cases” provides: A “small claim” is an action that is purely civil in nature where the claim or relief raised by the plaintiff is solely for the payment or reimbursement of a sum of money. It excludes actions seeking other claims or reliefs aside from payment or reimbursement of a sum of money and those coupled with provisional remedies. The claim or demand may be: (a) For money owed under any of the following: Contract of Lease; Contract of Loan and other credit accommodations; Contract of Services; or Contract of Sale of personal property, excluding the recovery of the personal property, unless it is made the subject of a compromise agreement between the parties. A small claims action is commenced by filing with the court an accomplished and verified Statement of Claim in duplicate, accompanied by a Certification of Non-Forum Shopping, Splitting a Cause of Action and Multiplicity of Suits and two (2) duly certified photocopies of the actionable document/s subjects of the claim, as well as the affidavits of witnesses and other evidence to support the claim. The plaintiff shall pay the docket and other legal fees, unless allowed to litigate as an indigent. However, it is important to note that in Small Claims cases, lawyers are not allowed to appear on behalf of or represent a party. Hope this helps. Atty. Joji Alonso The post Small claims case appeared first on Daily Tribune......»»
Employee termination
Dear Atty. Joji, One of our employees has been negligent in performing her tasks and often commits mistakes to the prejudice of the company. She was also unwilling to undertake additional duties that is being assigned to her even though it is stipulated on her employment contract. The management has reached a decision to terminate her employment due to the negative impact of her actions to our business operations. Can we terminate an employee without violating labor laws? Will appreciate your inputs, Atty. Angie Dear Angie, There are two types of employment termination. First is termination by employer and the second is voluntary resignation or termination by employee. Employers can dismiss an employee based on just and authorized causes. Just causes are based on acts attributable to an employee’s own wrongful actions or negligence while authorized causes refer to lawful grounds for termination which do not arise from fault or negligence of the employee. According to Article 282 of the Labor Code, an employer can terminate an employee for just causes, which could be any of the following: 1) serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work; 2) gross and habitual neglect by the employee of his duties; 3) fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representatives; 4) commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and other similar causes. However, in cases wherein there is just cause for termination, employers must still comply with the requirements of substantive and procedural due process. Procedural due process consists of the twin requirements of notice and hearing. The employers must furnish the employees with two written notices or the “Two notice Rule” before the termination of employment can be effected. As held in the case of Pepsi-Cola Bottling Co., Inc. v. NLRC: “The law requires that the employer must furnish the worker sought to be dismissed with two written notices before termination of employee can be legally effected: (1) notice which apprises the employee of the particular acts or omissions for which his dismissal is sought, and (2) the subsequent notice which informs the employee of the employer’s decision to dismiss him (Sec. 13, BP130, Sec. 2-6 Rule XIV, Book V, Rules and Regulations Implementing the Labor Code as amended). Failure to comply with the requirements taints the dismissal with illegality. This procedure is mandatory; in the absence of which, any judgment reached by management is void and inexistent. Hope this helps. Atty. Joji Alonso The post Employee termination appeared first on Daily Tribune......»»
Espartero, Sales, Lapuz shine in JPGT Malarayat
Alonso Espartero posted a pair of runner-up finishes and one third-place effort to capture the overall crown in the ICTSI 2023 Junior PGT series held under the drive, chip and putt format at Mount Malarayat Golf and Country Club in Lipa City, Batangas yesterday......»»
Espartero, 2 others triumph in JPGT Malarayat golf tilt
Alonso Espartero posted a pair of runner-up finishes and one third-place effort to capture the overall crown in the ICTSI 2023 Junior PGT series held under the drive, chip and putt format at Mount Malarayat Golf and Country Club in Lipa City, Batangas Sunday......»»
Redundancy dismissal
Dear Atty. Joji, My husband’s company recently merged with its sister company. He was one of those selected to be transferred and relocated to another province. Since he does not want to be far away from us, he declined and refused the offer. Thereafter, he received a notice informing him of his dismissal due to redundancy. Was he validly dismissed? Joan *** Dear Joan, The Supreme Court stated that in termination cases, the employer bears the burden of proving that the employee’s dismissal was for a valid and authorized cause. Consequently, an employer’s failure to prove that the dismissal was valid renders the dismissal illegal. In the case of Teletech Customer Care Management Philippines, Inc. v. Gerona Jr., G.R. 219166, 10 November 10 2021, the Supreme Court reiterated established principles by stating that redundancy exists when an employee’s services are in excess of what is reasonably demanded by the actual requirements of the business. To successfully invoke a valid dismissal due to redundancy, the company must provide substantial proof that the services of the employees are in excess of what is required of the company. In the case of 3M PHILIPPINES, INC vs Yuseco, G.R. 248941, 9 November 2020, the Supreme Court reiterated: “Redundancy exists when the service capability of the workforce is in excess of what is reasonably needed to meet the demands of the business enterprise. A position is redundant where it had become superfluous. Superfluity of a position or positions may be the outcome of a number of factors such as overhiring of workers, decrease in volume of business, or dropping a particular product line or service activity previously manufactured or undertaken by the enterprise.” A valid redundancy program must comply with the following requisites: (a) written notice served on both the employees and the DoLE at least one (1) month prior to the intended date of termination of employment; (b) payment of separation pay equivalent to at least one (1) month pay for every year of service; (c) good faith in abolishing the redundant positions; and (d) fair and reasonable criteria in ascertaining what positions are to be declared redundant and accordingly abolished, taking into consideration such factors as (i) preferred status; (ii) efficiency; and (iii) seniority, among others. From the foregoing, the validity of your husband’s dismissal would rely on the circumstances surrounding the case. It is the employer’s burden to prove its validity and it must be noted that an employer can validly dismiss an employee from the service due to redundancy if it is proven that such employee’s position has already become in excess of what the employer’s enterprise requires. Hope this helps. Atty. Joji Alonso The post Redundancy dismissal appeared first on Daily Tribune......»»