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Why Business Should Start Investing in the Mental Well-Being of Their Employees
The pandemic has triggered waves of anxiety, uncertainty, and financial strain, impacting the mental health of millions of employees. Poor mental health leads to decreased productivity, increased absenteeism, and strained work relationships. With that said, it is crucial to address employees’ mental health issues to have a thriving workspace. Encourage Open Communication and Supportive Culture […].....»»
SC fines sheriff for receiving money from litigant
The Supreme Court slapped a fine against a former court sheriff after she was found guilty of gross misconduct. The record showed the SC found Ma. Consuelo Joie Almeda-Fajardo, former Sheriff IV of the Regional Trial Court, Branch 93 in San Pedro, Laguna, is guilty of one count of gross misconduct constituting a violation of the Code of Conduct for Court Personnel and one count of serious dishonesty for unilaterally demanding and directly receiving money from a litigant for the sheriff’s expense without complying with the procedure prescribed in Section 10, Rule 141 of the Rules of Court. Under Section 10, Rule 141 of the Rules of Court, expenses for the execution of writs shall be paid by the interested party based on estimates by the sheriff and subject to the approval of the court. Upon approval of the estimates, the party must deposit the amount with the clerk of court, who shall disburse it to the sheriff. The sheriff must liquidate the amount within the same period of filing the return before the court. Instead of observing the procedure, Fajardo directly demanded and received money from a party-litigant to defray the expenses arising from the implementation of a writ of execution without the court’s imprimatur. Moreover, Fajardo failed to liquidate the amount that she received. The Court emphasized that the rules on sheriff’s expenses demand strict compliance as any circumvention thereof opens the door not only to suspicion of but also actual corruption. A sheriff’s conduct of unilaterally demanding sums of money from a party without observing the proper procedure falls short of the required standards of public service and threatens the very existence of the system of administration of justice, the court said. It, likewise, found Fajardo guilty of one count of gross misconduct constituting a violation of the Code of Conduct for Court Personnel for releasing an impounded vehicle despite the absence of an affidavit supporting the purported third-party claim required under Section 16, Rule 39 of the Rules of Court or the court’s order. Considering that Fajardo has been previously dismissed from service for dishonesty and conduct unbecoming of an officer of the court, the court imposed on Fajardo a fine in the aggregate amount of P300,000. The case, docketed as A.M. No. P-12-3098, Reynaldo M. Solema v. Ma. Consuelo Joie Almeda-Fajardo, Sheriff IV, Br. 93, Regional Trial Court, San Pedro, Laguna, was decided by the court during its deliberations on 3 October 2023. The post SC fines sheriff for receiving money from litigant appeared first on Daily Tribune......»»
Proving filiation (2)
A scrutiny of the records would show that petitioners were born during their parents’ marriage. The certificates of live birth would also identify Danilo de Jesus as their father. There is perhaps no presumption of the law more firmly established and founded on sounder morality and more convincing reason than the presumption that children born in wedlock are legitimate. This presumption indeed becomes conclusive in the absence of proof that there is physical impossibility of access between the spouses during the first 120 days of the 300 days that immediately precede the birth of the child due to the following: (a) the physical incapacity of the husband to have sexual intercourse with his wife; (b) the fact that the husband and wife are living separately in such a way that sexual intercourse is not possible; or (c) serious illness of the husband, which absolutely prevents sexual intercourse. Quite remarkably, upon the expiration of the periods outlined in Article 170, and in proper cases Article 171, of the Family Code (which took effect on 03 August 1988), the action to impugn the legitimacy of a child would no longer be legally feasible, and the status conferred by the presumption becomes fixed and unassailable. Thus, applying the preceding pronouncement to the instant case, it must be concluded that the petitioner —who was born on 5 March 1945, or during the marriage of Alfredo Aguilar and Candelaria Siasat-Aguilar and before their respective deaths — has sufficiently proved that he is the legitimate issue of the Aguilar spouses. As the petitioner correctly argues, Alfredo Aguilar’s SSS Form E-1 (Exhibit “G”) satisfies the requirement for proof of filiation and relationship to the Aguilar spouses under Article 172 of the Family Code; by itself, said document constitutes an “admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.” Petitioner has shown that he cannot produce his Certificate of Live Birth since all the records covering the period 1945-1946 of the Local Civil Registry of Bacolod City were destroyed, which necessitated the introduction of other documentary evidence — particularly Alfredo Aguilar’s SSS Form E-1 (Exhibit “G”) — to prove filiation. It was erroneous for the CA to treat the said document as mere proof of open and continuous possession of the status of a legitimate child under the second paragraph of Article 172 of the Family Code; it is evidence of filiation under the first paragraph thereof, the same being an express recognition in a public instrument. To repeat what was stated in De Jesus, filiation may be proven by the admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned, and such due recognition in any authentic writing is, in itself, a consummated act of acknowledgment of the child, and no further court action is required. Relative to the said form of acknowledgment, the Court has further held that — given the pronouncements herein made, the Court sees it fit to adopt the following rules respecting the requirement of affixing the signature of the acknowledging parent in any private handwritten instrument wherein an admission of filiation of a legitimate or illegitimate child is made: Where the private handwritten instrument is the lone piece of evidence submitted to prove filiation, there should be strict compliance with the requirement that the same must be signed by the acknowledging parent; and Where the private handwritten instrument is accompanied by other relevant and competent evidence, it suffices that the claim of filiation therein be shown to have been made and handwritten by the acknowledging parent as it is merely corroborative of such other evidence. (To be continued) The post Proving filiation (2) appeared first on Daily Tribune......»»
QC police sue warehouse owners over fire that killed 15 people
The Quezon City Police District has filed a case against the owners of MGC Wearhouse, Inc. the residential unit turned factory in Tandang Sora that was gutted by fire on 31 August 2023, resulting in the death of 15 people. A case of reckless imprudence resulting in multiple homicide has been filed against the surviving incorporators of MGC Wearhouse, Inc. namely Catherine Sy, Lina Cavilte, Johanna Cavilte and Geoffrey Cavilte. A special panel formed by the Quezon City Government and a task force from the QCPD pursued separate investigations into the incident. QCPD Director P/Brig.Gen. Redrico Maranan said that on the early morning of 19 September 2023, P/Maj. Don Don u Llapitan, Chief of Criminal Investigation and Detection Unit, together with his operatives, proceeded to Occidental Mindoro to locate the families of the fire victims. They were assisted by the office of Occidental Mindoro Governor Eduardo Gadiano. The QCPD team also proceeded to Sablayan, Occidental Mindoro and took the statements of some of the family members of the victims. This led to the identification of the company incorporators and the filing of charges against them. Mayor Joy Belmonte welcomed the filing of the criminal case. “We hope that through this development, justice will be served to the 15 individuals who perished during that unfortunate incident. We appreciate the effort of the Quezon City Police District for being committed to ferret out the truth,” she said. BFP probe Belmonte earlier called on the Bureau of Fire Protection to conduct a thorough investigation and undertake reforms in the Bureau of Fire Protection-Quezon City Fire District. Belmonte made the call as the probe conducted by the city government and the Quezon City Council revealed lax inspection, backlog in the examination of businesses and other lapses in the performance of the BFP-QCFD. Quezon City fire marshal Senior Superintendent Aristotle Bañaga went on leave following the call by Belmonte for his removal in the wake of several fire incidents this year in his jurisdiction. BFP chief Director Louie Puracan said Bañaga filed his leave of absence following news reports published by Daily Tribune that Belmonte wrote Department of Interior and Local Government Secretary Benhur Abalos to recommend his relief, along with that of Fire Safety Enforcement Section head Chief Inspector Dominic Salvacion, for their lapses. The post QC police sue warehouse owners over fire that killed 15 people appeared first on Daily Tribune......»»
DOH budget for 2024 hurdles Senate Finance panel without Herbosa
The Senate Committee on Finance on Thursday approved the proposed P311.3 billion budget of the Department of Health for the upcoming fiscal year without the attendance of Health Secretary Teodoro “Ted” Herbosa. Herbosa skipped the DOH’s budget deliberation, normally led by the agency’s head, days after he failed to secure the approval of the Commission on Appointment. During the budget deliberation, DOH senior officials led by Undersecretary Lilibeth David, former Officer-in-Charge Maria Rosario-Vergeire, and Undersecretary Gloria Balboa, presented the agency’s proposed budget. Senator Francis Tolentino specifically questioned Herbosa’s absence in the budget deliberation, fearing that the agency is now in an “auto-pilot mode”. Senator Pia Cayetano, who presided over the agency’s budget deliberation, quickly clarified that the DOH is not “headless”. “Actually, all of the senior members of the team approached me a while ago and they acknowledged that of course, it is a bit of an awkward situation,” Cayetano said. “But as you all know, Usec Dr. Vergeire was the OIC for many years and was very actively exercising her leadership not just in the past year, but even during the time of President Duterte. Dr. Usec. David is the most senior undersecretary. So I’m quite confident in the presentation today that they can answer,” she added. Tolentino explained that he is asking for Herbosa’s presence because “budget presentations would require answers concerning accountability.” “And perhaps the head of the department should be the one doing that. Otherwise, it would be in an auto-pilot mode,” he said. For her part, Senator Loren Legarda also expressed her confidence in the senior officials of the DOH. “Let me just say that I’m certain that our very competent Usecs. and Asecs. down the line would be able to communicate the policies of the secretary who still has to be confirmed,” Legarda said. “I don't think that the DoH body institution system comprised of career people who -- it may be a headless agency this is insofar other secretaries concerned -- but all the systems are covered by the Usecs. and Asecs,” she added. She continued: “I am very confident that they will be able to answer our questions. I do not think that they would divert from any policy of the secretary or say anything that would be against his policies.” Cyber-attack on PhilHealth Senators also touched on the recent cyber-attack on the Philippine Health Insurance Corporation or PhilHealth. Legarda quizzed PhilHealth officials about the effect of the cyber-attack on the state-run health insurer’s operation, as well as the steps being taken by the agency to prevent encountering a similar case in the future. Responding to the lawmaker’s query, Atty. Eli Dino D. Santos, PhilHealth’s Executive Vice President and Chief Operating Officer, said that the agency has yet to return its online system. “All systems now are all transactions are offline and we resume operations meaning membership, employer submission, and payment over the counter,” Santos said. “Our benefits availment continues. We have already informed our partner providers that while the system is turned off, they can still submit claims or prepare the submission of claims,” he added. He continued: “At present, to confirm the statement of our President, we are set to turn on our systems today, but we are still completing the preventive measures before we turn it on. We are targeting to turn on our PhilHealth website, member portal, as well as the e-claims.” Over the weekend, PhilHealth confirmed reports that there was an “information security incident” on its online system, which prompted them to turn it off as part of its “containment measures”. The Department of Information and Communications Technology previously stated that the agency’s system was attacked by Medusa ransomware. A multinational cyber security software company, Trend Micro defined “ransomware” as a type of malware that prevents or limits users from accessing their system, either by locking the system’s screen or by locking the users’ files until a ransom is paid. The Medusa ransomware group was demanding $300,000 from PhilHealth in exchange for access to its system. The group threatened to leak the personal information of PhilHealth members if it did not pay the ransom. The state-run health insurer previously stated that it would not give in to the group’s demand. The post DOH budget for 2024 hurdles Senate Finance panel without Herbosa appeared first on Daily Tribune......»»
Senate panel cites in contempt husband of alleged abusive employer of Elvie Vergara
First the wife, now the husband. The Senate Committee on Justice and Human Rights has cited in contempt Pablo Ruiz, the husband of France Ruiz, the couple who allegedly abused their domestic helper, Elvie Vergara. During Monday’s fourth marathon hearing of the Senate panel’s investigation into the alleged abuse of the couple to Vergara, lawmakers once again cited another member of the Ruiz family, this time their patriarch. Senator Raffy Tulfo made the motion to cite Pablo in contempt for allegedly lying to lawmakers. Tulfor made the motion after Pablo denied a new testimony that implicates them in the case. His motion was seconded by Senator Jinggoy Estrada. Pablo is detained inside the Senate premises along with his wife, France, who was cited in contempt last week for the exact reason. ‘New witnesses’ Meanwhile, three more witnesses namely Melinda Magno, ‘Alias Paopao,’ and Richard Pinto, floated to support Vergara’s claims that she was abused by the couple. Senator Francis Tolentino, who chairs the Senate panel, ensured the safety of the new witnesses. “Let us make sure that while we are conducting hearings and even after, no harm will happen to them. They came here to reveal the truth,” Tolentino said. To recall, Jay-ar Suarez Dimerez, or ‘Alias Dodong,’ star witness of the case, was attacked by unknown gunmen in his residence. The post Senate panel cites in contempt husband of alleged abusive employer of Elvie Vergara appeared first on Daily Tribune......»»
Senate panel cites in contempt alleged abusive employer of Elvie Vergara
The Senate Committee on Justice and Human Rights on Tuesday cited in contempt France Ruiz, one of the alleged abusive employers of domestic helper Elvie Vergara. During the Senate panel’s third investigation into the alleged maltreatment of the couple France and Gerry Ruiz to Vergara, senators ordered the detainment of the latter after provided “inconsistent answers” to senators. Senator Francis Tolentino, chair of the Senate panel, declared the detention of the female Ruiz “for continuously evading the questions propounded by the members of this Committee as well as falsely testifying under direct examination by Committee members.” Senator Jinggoy Estrada originally made a motion to detain France at the Pasay City Jail but withdrew it upon consultation with other members of the committee. France is detained inside the Senate jail while the Committee will be conducting parallel investigations on the case to finalize charges. Prior to her detainment, France stood by her claims that denied that her family did not take part in Vergara’s loss of sight, as well as the deformation of her nose. She attributed the domestic helper’s loss of sight to the latter’s previous fights with her fellow domestic helpers. Vergara accused her previous employers of physically assaulting her such as ramming her head in the comfort room’s wall and sink and hitting her with solid materials like belts and clothes hangers. The post Senate panel cites in contempt alleged abusive employer of Elvie Vergara appeared first on Daily Tribune......»»
UNCLOS gives substance
Discerning where the Philippines and China stand in the simmering territorial conflict requires returning to the arbitral ruling. China has been dwelling on the false narrative that since it did not participate in the proceedings of the Permanent Court of Arbitration, or PCA, it can disregard its ruling. The argument, thus, continues that since it was not a party to the process, then it is not bound to comply with the award, particularly since it had stated, being a signatory to the United Nations Convention on the Law of the Sea, that it would not subscribe to third-party arbitration. Annex VII of UNCLOS, however, provides that the “absence of a party or failure of a party to defend its case shall not constitute a bar to the proceedings.” That portion of the Charter of the Oceans also provides that if a party does not participate in the proceedings, a tribunal “must satisfy itself not only that it has jurisdiction over the dispute but also that the claim is well founded in fact and law.” The PCA said in its award that throughout the proceedings, the Tribunal had taken steps to test the accuracy of the Philippines’ claim, including by requesting further written submissions from the Philippines and questioning the Philippines both before and during two hearings. UNCLOS also appointed independent experts to report to the Tribunal on technical matters, obtain historical evidence concerning features in the South China Sea, and provide this to the parties for comment. According to PCA, China also made it clear through the publication of a position paper in December 2014 and other official statements that, in its view, the tribunal lacked jurisdiction in the dispute. Article 288 of the Convention, however, states, “In the event of a dispute as to whether a court or tribunal has jurisdiction, the matter shall be settled by decision of that court or tribunal.” The PCA convened a hearing on jurisdiction and admissibility in July 2015 and rendered an award on 29 October 2015, deciding on some jurisdiction issues and deferring others for further consideration. The PCA inquired on the issue of jurisdiction and found it had the authority to adjudicate. The PCA argued the award was final and binding based on Article 296 of the Convention and Article 11 of Annex VII. Regarding China’s claim of historic rights and the “nine-dash line,” the tribunal found it had jurisdiction, and it concluded that to the extent China had historic rights to resources in the waters of the South China Sea, such rights were extinguished. The historic rights were invalidated since these were incompatible with the exclusive economic zones provided for in UNCLOS. The Tribunal also noted that, although Chinese navigators and fishermen, as well as those of other States, had historically used the South China Sea islands, there was no evidence that China had historically exercised exclusive control over the waters or their resources. “The Tribunal concluded that there was no legal basis for China to claim historic rights to resources within the sea areas falling within the ‘nine-dash line,’” it added. The violation of rights was not on the part of the Philippines, as China had claimed consistently, but the other way around. Finding certain areas being within the exclusive economic zone of the Philippines, the Tribunal found that China had “violated the Philippines’ sovereign rights in its exclusive economic zone by interfering with Philippine fishing and petroleum exploration, constructing artificial islands and failing to prevent Chinese fishermen from fishing in the zone.” The Tribunal held that Filipino fishermen (like those from China) had traditional fishing rights at Scarborough Shoal and that China had interfered with these rights by restricting access. The Tribunal further held that Chinese law enforcement vessels had created a serious risk of collision when they physically obstructed Philippine vessels. Based on UNCLOS, which China insisted on adhering to, its historic claims had no basis, regardless of its refusal to honor the PCA decision. It is thus bound to follow what is provided in the International Convention, which is all there is to it in the maritime rift. The post UNCLOS gives substance appeared first on Daily Tribune......»»
VAWC Leave
Dear Atty. Maan, My sister recently got out of an abusive relationship and is still undergoing treatment for all the physical and emotional trauma it caused. Since she has already used up all her entitled leaves from her company, she inquired if she could make use of the 10-day VAWC (Violence Against Women and Children) leave provided under Republic Act 9262. However, her employer denied her request. Is her employer’s denial correct, Atty.? Abby *** Dear Abby, Female employees in both the private and public sectors who are victims or victim-survivors of violence or abuse as defined under Republic Act 9262, or the Anti-Violence Against Women and Their Children Act, are entitled to a leave of absence with full pay for a period of up to 10 days. Section 43 of RA 9262 provides: Entitled to Leave. — Victims under this Act shall be entitled to take a paid leave of absence up to 10 days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the necessity arises as specified in the protection order. Any employer who shall prejudice the right of the person under this section shall be penalized in accordance with the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall prejudice any person for assisting a co-employee who is a victim under this Act shall likewise be liable for discrimination.” (Section 43 (a), RA 9262) As such, Employers may be held liable for discrimination and for violation of RA 9262 if the employer/head of office prejudices the right or denies the application for leave by his/heremployee who is a victim-survivor under the VAWC law or (2) any person for assisting a co-employee who is a victim under the VAWC law. To be entitled to the 10-day VAWC leave, the victim-employee must present to her employer a certification that an action for VAAWC has been filed or is pending. This certification may be issued by the Punong Barangay or Barangay Captain, a barangay kagawad, a prosecutor or the clerk of court, as the case may be. The victim employee may show a police report indicating the details of the incidence of violence and/or a medical certificate, but subject to the discretion of the victim-employee’s immediate supervisor. Hope this helps. Atty. Mary Antonnette Baudi The post VAWC Leave appeared first on Daily Tribune......»»
QC PLEB, city council to continue probe on gun-toting incident
The Quezon City People's Law Enforcement Board invited Galas Police Station (PS-11) Commander P/Lt.Col. Jake Barila, Thursday, to shed light on the gun-toting incident near Welcome Rotonda, and to discuss what transpired during the settlement procedure with the cyclist involved. Upon the order of Quezon City Mayor Joy Belmonte, the QC PLEB started to investigate the incident involving a cyclist and ex-policeman, Wilfredo Gonzales, as seen in the viral video. PLEB Executive Officer Atty. Rafael Vicente Calinisan clarified that the investigation is meant to determine whether protocols were followed and whether administrative lapses were committed. Any complaint filed against the Galas Police Station in relation to the conduct of settlement procedures will be tried, and the personnel involved may be held accountable for Grave Misconduct and Oppression. The offense may be punishable by dismissal from the service or suspension. Calinisan also questioned the propriety of the Quezon City Police District’s move to host a press conference with Gonzalez last 27 August, giving the ex-policeman a platform to air only his side as well as giving the impression he was under the protection of the police. Meanwhile, the City Council is conducting its own public hearing and investigation regarding the incident this afternoon, 31 August. “The city government is committed to building a peaceful community where violence is not condoned. Public safety is our primordial concern. We will explore all avenues to hold Gonzalez accountable for his brazen actions,” Belmonte said. She lamented the statement given by the cyclist, who stressed that he and Gonzalez reached an amicable settlement and is no longer keen on filing charges. "While we understand and respect the decision of the cyclist, the failure to prosecute the perpetrator breeds a culture of impunity. We are sending the wrong signal that we are tolerating violence, and in the meantime, the cycling community will continue to be prone to threats and intimidation. By setting an example, the successful prosecution of this case would certainly help achieve our goal of creating a haven for safe cycling," she said. “However, the sad truth is that in the absence of a complainant, a strong criminal case cannot prosper,” Belmonte added. According to City Attorney Orlando Casimiro: “The cooperation of the victim is very crucial. Unfortunately, the quantum of proof required in a criminal case is proof beyond reasonable doubt. The testimony of the cyclist is indispensable to establish any injury, threat, and/or besmirchment against his person, the absence of which would render any criminal prosecution futile.” Given the public clamor for the cyclist to come out, Belmonte expressed hope that he might have a change of heart and pursue his complaint in the interest of justice and public safety. Belmonte earlier assured the cyclist of legal assistance and protection. The post QC PLEB, city council to continue probe on gun-toting incident appeared first on Daily Tribune......»»
Senators grill Navotas cops over teenage boy’s death
Senators on Tuesday grilled Northern Police District personnel involved in the killing of 17-year-old Jemboy Baltazar, who was shot while he was boarding his boat in Navotas City. During the resumption of the investigation by the Senate Committee on Public Order and Dangerous Drugs into the killing of Baltazar, lawmakers quizzed policemen, specifically about the absence of paraffin tests on individuals involved in the operation. Juanito Arabejo, who heads the Navotas City police station investigation and detective management section, said he did not conduct a paraffin test on the six policemen who shot Baltazar in a case of mistaken identity on 2 August based on his "sound judgment." A paraffin test is done to determine whether or not a person has fired a gun. "Is that your discretion not to subject them to paraffin test or [did] they refuse?" Senator Ronald "Bato” dela Rosa, who presided over the hearing, asked Arabejo. Responding to Dela Rosa’s query, Arabejo said, "That was based on our sound judgment and in good faith, considering the direct testimony of the eyewitnesses is sufficient to establish the guilt of these six suspects." This prompted lawmakers to ask former Navotas City police chief Allan Umipig whether or not he told Arabejo to conduct paraffin tests. According to Umipig, he ordered Arabejo to subject policemen involved in the operation to paraffin tests during their emergency meeting on 3 August, which Arabejo refuted. Dela Rosa then ordered Umpig to contact other policemen who were present at their 3 August meeting to validate his claim. Minutes later, Navotas City Police Captain Anthony Mondejar, and Police Major Edwin Fuertes, joined the hearing and validated Umipig’s claim. Due to the alleged inconsistency in his statements, Senator Risa Hontiveros, on behalf of Senator Raffy Tulfo, made the motion to cite Arabejo in contempt. “On behalf of Senator Raffy Tulfo and the guidance of the chairperson, I move to cite [for] contempt Police Captain Juanito Arabejo,” Hontiveros said. Dela Rosa, who was evidently fuming over Arabejo’s “annoying smirks,” approved Hontiveros’s motion. This is not the first time Dela Rosa’s panel ordered a cite in contempt of individuals involved in Baltazar’s killing. Last week, the Senate panel also held Navotas City police officers Captain Mark Joseph Carpio and Staff Sergeant Gerry Maliban in contempt for allegedly lying and evading lawmakers’ questions. Carpio was the leader of the team in Baltazar’s fatal shooting. The post Senators grill Navotas cops over teenage boy’s death 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......»»
World wrestling body suspends India after harassment scandal
The Wrestling Federation of India has been suspended by the sports' world body for not holding elections after its chief was charged with sexual misconduct. India's top wrestlers staged weeks of sit-in protests in the capital New Delhi earlier this year demanding the resignation of WFI president Brij Bhushan Singh. The 66-year-old, also a lawmaker for the ruling Bharatiya Janata Party, has since been charged with sexual harassment and stalking but is currently on bail. The federation's leadership was disbanded in the wake of the scandal, with fresh elections scheduled for earlier this month but postponed indefinitely at the last moment. "The absence of a regularly elected president and a board does not comply with the UWW regulations and the conditions for membership," United World Wrestling said in its statement late Thursday. Indian wrestlers will be allowed to compete in the Asian Games next month but not under the Indian flag, the statement added. Singh denies all charges against him and has said he is a victim of a "conspiracy". Wrestling is hugely popular in rural northern India. Images of star athletes being detained by police as they tried to march to parliament in May went viral on social media. Commonwealth Games gold-medal-winning wrestler Anita Sheoran, a witness in a sexual harassment case, has filed her nomination to replace Singh for the top post. But backers of Singh, whose family is prohibited from contesting the elections, had been expected to win any fresh election. Bajrang Punia, one of the wrestlers who led protests against Singh, who won bronze at the 2020 Tokyo Olympics, is in the squad for the Asian Games starting September 23 in Hangzhou. The post World wrestling body suspends India after harassment scandal appeared first on Daily Tribune......»»
LTO cites temporary setback as license plastic card production delayed anew
Land Transportation Office (LTO) chief Vigor Mendoza II on Friday said the temporary restraining order issued by a Quezon City court on the awarding of contract for the production of driver's license plastic cards is just a temporary setback. Mendoza said the TRO issued was not a permanent injunction for Banner Plasticards to refrain from producing and delivering plastic cards to the LTO. “This is just for 20 days, the hearing is already on August 22. By that time, we are confident that the court will see that there is no basis for permanent injunction, which means that the TRO could be lifted,’ Mendoza said. “The bidding underwent a fair and transparent process. While I was not still the LTO chief when the bidding process was done, my initial review of the documents revealed that it went through a proper procedure,” he added. Meanwhile, Mendoza questioned the arguments raised by Allcards Inc., the losing bidder, on the issue of fair and transparent conduct of the bidding process. He, however, said that he will leave the legal discussion before the QC Regional Trial Court Branch 215 between the lawyers of the Allcards Inc. and the Office of the Solicitor General that will represent the Department of Transportation and the LTO. “This is what the OSG would certainly do, for the early lifting of the TRO,” he said. Mendoza expressed confidence that the court will be able to appreciate the arguments that would be raised by government lawyers in refuting the allegations made by Allcards in the case it filed. In a bid to solve the issue of shortage of plastic cards, the DOTr held a bidding process which was won by Banner Plasticard, Inc. The first delivery of around 100,000 plastic cards was made in late July by the Banner Plasticards. Mendoza said he does not see any reason that the awarding of the contract to the Banner Plasticard constitutes grave and irreparable damage. “What would Allcards Inc. lose in the awarding of the contract to Banner Plasticards? The contract is subject to pecuniary estimation, which means that the discussion focuses on the money,” said Mendoza. “So there is no grave and irreparable damage to that. And if there is no grave and irreparable damage, the public interest should prevail over the business interest of one or two,” he stressed. The post LTO cites temporary setback as license plastic card production delayed anew appeared first on Daily Tribune......»»
Former Pakistan PM Khan arrested after court convicts him of graft
Former Pakistan prime minister Imran Khan was arrested at his home in Lahore on Saturday after a court in the capital found him guilty of graft and sentenced him to three years in jail. The former international cricket star has long warned he would be arrested to prevent him from participating in elections that are due to be held before the end of the year. "His dishonesty has been established beyond doubt," Judge Humayun Dilawar wrote in a ruling seen by AFP for a case centered on gifts he received and did not properly declare while he was premier. "He has been found guilty of corrupt practices by hiding the benefits he accrued from the national exchequer willfully and intentionally." In May, Khan was arrested and briefly detained in Islamabad for the same case, sparking deadly unrest during which supporters of his Pakistan Tehreek-e-Insaf (PTI) party poured onto the streets and clashed with police. In the aftermath of his release following three days in custody, PTI has been targeted by a crackdown with thousands of arrests, reports of intimidation, and muzzling of the press. After he was taken away by police Saturday, a video made before his arrest was posted to his X account. "My arrest was expected & I recorded this message before my arrest... I want my party workers to remain peaceful, steadfast, and strong," he said in the caption accompanying the video. Khan not in court Khan has faced a slew of court cases on charges he says are politically motivated since being ousted in a vote of no confidence last year, and was not present when he was sentenced Saturday. The judge also fined him 100,000 rupees (around $350). Soon after the ruling, police entered his home in Lahore and arrested him. "I have just received the information that Imran Khan has been arrested," Attaullah Tarar, Special Assistant to Prime Minister Shehbaz Sharif, told reporters. Party officials said Khan had been taken to the capital, while his legal team said they would be filing an immediate appeal. "It's important to mention there was no chance given to present witnesses, neither was the time allotted to round up arguments," a member of the team said. Parliament is likely to be dissolved after it completes its term in the next two weeks, with national elections to be held by mid-November or earlier. "Everyone will ask questions about the credibility of elections in the absence of PTI and Imran Khan and questions will be raised about the credibility of elections in the outside world as well," political analyst Hasan Askari told AFP. Khan rose to power in 2018 on a wave of popular support, an anti-corruption manifesto, and the backing of the powerful military establishment. When he was ousted in April last year, analysts said it was because he lost the backing of the top generals. In multiple speeches and interviews Khan has highlighted the power the top brass wield behind the scenes -- a subject historically considered a red line in Pakistan. The case that has led to his arrest centers on gifts Khan and his wife received while in office. Pakistan newspapers have for months carried lurid stories alleging Khan and his wife received lavish presents worth millions during trips abroad -- including luxury watches, jewelry, designer handbags, and perfumes. Government officials must declare all gifts but are allowed to keep those below a certain value or buy them at an officially agreed price. The post Former Pakistan PM Khan arrested after court convicts him of graft appeared first on Daily Tribune......»»
US firms to dip fingers into MIF
An in-depth study by the Asian Central Journal or ACJ dated 20 July 2023 reveals that the Department of Finance forged a $1-million contract with a US PR firm, Weber Shandwick Philippines or WSP, that was signed in early January 2023, according to WSP sources. The ACJ study asks why the Maharlika Investment Fund or MIF bill was signed at the precise time Senate President Juan Miguel Zubiri was in the US. “On 21 June, Senate President Zubiri reportedly signed an ‘enrolled’ copy of the MIF. Jose Manuel Romualdez, the Philippine ambassador to the US, was present for the signing. Ambassador Romualdez has long held the positions of chairman and CEO at WSP.” The ACJ study reports that, “The US was designated as the top campaign market in the PR strategy to draw US investment” and that “the MIF might be used by the US as a means of financial pressure on the (Philippines).” In other words, US funds for the MIF may be used as bait for the US to get major MIF projects in the future. The study says the WSP PR strategy aims (1) “to decrease misconceptions about the MIF, particularly those pertaining to abuse and corruption” (downplaying corruption helps fuel it); (2) “to raise awareness of it as an instrument for economic development” (sanctifying corruption as ‘economic development’); and (3) “MIF management and investment may be subject to US intervention. DBM Secretary Amenah F. Pangandaman stated on 19 April that several US corporate organizations and investors are eager to assist us in structuring the MIF.” This dangerous move towards achieving US corporate funds for the MIF will easily increase corruption tenfold, with the participation of US corporations. This was the strategy of US oil firms in Nigeria in partnership with a corrupt government to siphon the oil for the West. The US corporations turned a blind eye to the corruption. The strategy triggered the growth of terrorists in the Muslim-dominated deep north which did benefit from the “development” received by the Christian-dominated south. The ACJ report, citing the MIF, warns, “There looms a grave concern: the specter of corruption.” It cites two cases. “Norway’s sovereign wealth fund lost $174 billion (about P8.7 trillion) in the first half of 2022, while (the Singapore-based) Temasek Holdings, which is primarily regarded as a sovereign wealth fund, has seen a net loss of S$7.3 billion throughout the nearly 50 years since its founding.” If less corrupt-prone affluent nations like Norway and Singapore are unable to contain corruption in sovereign wealth funds, what more a Third World nation like the Philippines, which is noted for rampant unstoppable corruption? In its 2020-2022 survey, the Philippines ranked no. 116 out of 180 nations (the higher the ranking, the more corrupt) in the Corruption Perceptions Index published by Transparency International. Norway ranked No. 4 and Singapore No. 5 as least corrupt. (Source: Wikipedia). The MIF Act provides that a Maharlika Investment Corporation or MIC will be established to manage the MIF fund. The ACJ study is concerned that the MIC board of directors will consist of presidential appointees “based on favor rather than talent… in a nation where nepotism is rife.” (Ambassador Romualdez is the second cousin of Marcos Jr. It’s all in the family.) This will induce a “lack of transparency in regulation and a high risk of financial embezzlement.” The ACJ study argues that “the MIF could be a weapon for politicians to steal from the public coffers,” citing the case of Angola. In 2018, Jose Filomeno dos Santos, ex-sovereign fund chairman and son of ex-President Jose Eduardo dos Santos, was charged with the theft of $1.5 billion. In 2015, the Wall Street Journal reported that Malaysia’s Prime Minister Najib Razak transferred about $700 million from the 1Malaysia Development Berhad fund to his personal account. The ACJ study reports that Goldman Sachs Group Inc. raised $6.5 billion in five years. In an investigation after the 1MDB scandal broke out, Goldman Sachs admitted stealing $1 billion from 1MDB “to bribe officials in Malaysia and other nations, including (payments) for the extravagant lifestyles of Malaysian officials and purchasing luxury yachts and hotels for them.” Goldman Sachs pocketed $4.6 billion in bribes and kickbacks. Ex-Goldman Sachs banker Roger Ng was sentenced to 10 years in prison for his role in the massive 1MDB heist. It will be easy for creative Filipino politicians to improve on this type of ‘Financial Terrorism’ with the help of equally corrupt Western corporations. They must be drooling in excitement. This evil partnership of government and multinationals is the biggest hindrance to the true development of Third World countries. Even as the MIF heist is yet to happen, the solons are cooking up a more sinister storm, the Overseas Filipino Workers Sovereign Wealth Fund, tapping the biggest dollar earner of the country. This is “stealing” the hard-earned money of our workers. The OFWs may rise in protest. *** eastwindreplyctr@gmail.com The post US firms to dip fingers into MIF appeared first on Daily Tribune......»»
Ex-ally sues Monaco’s ruler in ‘Rock Files’ scandal
A former confidant of Monaco's ruler Prince Albert II is suing the monarch in an unprecedented and potentially damaging court case triggered by the release of leaks that have rocked the usually placid Mediterranean playground for the rich and famous. Claude Palmero was for over two decades in charge of managing the palace's assets, first for Albert's father Rainier III, the husband of the US actress Grace Kelly, and then their son Prince Albert when he became ruler in 2005. But now Palmero is asking for around one million euros ($1.1 million) in damages from the palace, according to a complaint seen by AFP, over losing his job after becoming embroiled along with other former senior palace officials in unverified allegations posted in the "Dossiers du Rocher" ("Rock Files", referring to Monaco by its nickname) website from 2021. The website hosted videos, confidential email conversations and hostile articles dealing with property development in the principality. The controversy has roughed up the usually calm waters around Monaco, a tiny principality surrounded by French territory which attracts ultra-rich residents –- like tennis star Novak Djokovic and formula 1 champion Lewis Hamilton -- due to its favourable tax regime. With a population of barely 40,000, Monaco neither imposes income nor wealth taxes. Among the material published by Dossiers du Rocher were email exchanges between four people close to Albert, including Palmero, accusing them of collusion in an alleged financial scam. As well as Palmero, Albert's chief of staff Laurent Anselmi also lost his job in June. 'From another age' In charge of the crown assets, Palmero was known as a Monegasque eminence grise, who was tasked with strategic issues including taking a stake in Nice's airport and buying property, as well as being a keeper of palace secrets. He lodged an appeal against his dismissal in the case before Monaco's constitutional court, known as the Supreme Tribunal, that his lawyer filed on 13 July. "No reason has ever been given to justify these decisions that come from another age and manifestly violate the principle of legality," said the complaint filed by one of his lawyers Pierre-Olivier Sur and seen by AFP. "Prince Albert II during his reign has congratulated himself in front of his subjects and the whole world that Monaco is a state of law. "Alas, there are circumstances where this principle is sadly forgotten by him and favour the violence of arbitrariness," it added. Palmero is seeking the condemnation of the prince to repair "the immense moral damage, injury and disruption to living conditions", claiming the one million euros and his reinstatement. Albert's lawyer Jean-Michel Darrois said in response: "This is a discretionary decision by the royal house as is the case with several other monarchies." But the controversy is deeply unwelcome for Albert, who has already been under intense scrutiny over his marriage to Princess Charlene, the former South African Olympic swimmer in 2011, in French and international media in recent months. Charlene only returned to Monaco in March 2022 after a months-long absence for medical treatment. Raids and infighting The case, which is set to be heard in the coming weeks, comes as judicial authorities launched a series of searches in mid-July at the four former confidants of the prince accused in the Dossiers du Rocher. All those involved deny the allegations put forward by the Dossiers du Rocher, which published their private correspondence and whose origins remain a mystery despite investigations by the French and Monaco authorities. Patrice Pastor, a Monegasque construction entrepreneur, has filed a complaint over alleged influence peddling against them. But while they suspect him of being behind the website the businessman strongly denies this. The purported motive of Pastor, whose group is worth up to 30 billion euros, is alleged by his enemies to have wanted to maintain control over lucrative real estate transactions in the principality, which Palmero and his allies sought to limit. According to official figures, 88 new apartments were sold in 2022 in Monaco, for a stratospheric total amount of 1.2 billion euros. The Pastor group is particularly involved in the Mareterra project, six hectares of luxurious buildings looking out to the Mediterranean. First reported by France's Le Monde daily, the searches targeted, in France and Monaco, the homes and offices of Claude Palmero, the law firm of Thierry Lacoste, childhood friend of the prince, Laurent Anselmi, and Didier Linotte, president of the Supreme Tribunal, who is about to leave office. Monaco's prosecutor general refused any comment. The four men do not deny being in touch with each other but insist it was to deal with regular business of Monaco. Two other men are also reported to be part of the group: former Monaco government chief Michel Roger, who is said to have formed it, was left a paraplegic after an accident in 2015. The sixth man was Jean-Francois Renucci, former head of the court of cassation in Monaco, who died in a car accident between Monaco and Nice in 2021 just as the Dossiers du Rocher scandal was erupting. The four allege that Pastor has now won the favor of the prince but this was denied by a palace aide. "This prince does not take sides," the aide, who was not named, told Le Figaro daily. The post Ex-ally sues Monaco’s ruler in ‘Rock Files’ scandal appeared first on Daily Tribune......»»
ATC tags Teves, 12 others as ‘terrorist’
The Anti-Terrorism Council designated Negros Oriental Third District Rep. Arnolfo "Arnie" Teves Jr. as a terrorist for allegedly masterminding the 4 March slaying of Gov. Roel Degamo and 9 others. Teves was also named by the ATC as the leader of the "Teves Terrorist Group." Aside from Teves the council also tagged 11 others as terrorists, including his younger brother and former governor Pryde Henry Teves, and his alleged bagman Marvin Miranda. The ATC also tagged as among those involved in the so-called terrorist group were Teves' former bodyguard Nigel Electona, Tomasino Aledro, Rogelio Antipolo, Hannah Mae Oray, Rommel Pattaguan, Winrich Isturis, John Louie Gonyon, Dahniel Lora, Eulogio Gonyon Jr., and Jomarie Catubay. The ATC in its three-page resolution dated 26 July, said Rep. Teves was the alleged leader and mastermind of the group, while his brother and Electona "provided material support." "Investigation also reveals that Hannah Mae Sumero Oray handles the operational funds for the killings while Marvin H. Miranda acts as organizer and recruiter of personnel for specific terrorist attacks," the ATC said. With the designation, it ended a months-long process for the ATC to brand Teves as an alleged terrorist. The designation of Teves and his cohorts as terrorists was first disclosed by Justice Secretary Jesus Crispin Remulla in April. Remulla said that Teves may be designated or proscribed as a terrorist. "In this case, the activities that led to the killing on 4 March all are covered under the anti-terror law: the recruitment, the financing, the purchase of firearms, the distribution of firearms," Remulla had said. The embattled Solon remains overseas and was last located in Timor-Leste, refusing to return to the Philippines due to purported threats to his life. He was suspended a second time due to his continued absence from his duties at the House of Representatives. The camp of Degamo had expressed support for the move to tag Teves as a terrorist, with lawyer Levito Baligod saying they had "concrete evidence" linking the embattled lawmaker to terror groups in Mindanao. The post ATC tags Teves, 12 others as ‘terrorist’ appeared first on Daily Tribune......»»
Final pay release delay
Dear Atty. Joji, I resigned from my previous company last May, but until now, or almost three months later, I have yet to receive my final pay. Despite following up with the company, they keep telling me that it is still being prepared, even though I have completed all the necessary requirements. Can the company withhold my final pay for this long, attorney? Alyssa *** Dear Alyssa, The short answer to your question is no, the company should have released your final pay within a period not exceeding 30 days. As a general rule, employers are prohibited from withholding wages from employees. The Labor Code provides under Article 116: “Withholding of wages and kickbacks prohibited. — It shall be unlawful for any person, directly or indirectly, to withhold any amount from the wages of a worker or induce him to give up any part of his wages by force, stealth, intimidation, threat, or by any other means whatsoever without the worker’s consent.” Further, Under Labor Advisory 06-2020, the Department of Labor and Employment has ruled that an employee’s final pay must be released within 30 days from the date of separation or termination of employment unless there is a more favorable company policy, individual or collective agreement, thereto. While the advisory directs that the employee shall receive his or her final pay within 30 days from the date of separation or termination in the absence of a more favorable company policy, individual, or collective agreement for the employee relating to payment of final pay upon separation, the Supreme Court ruled in the case of Milan v. National Labor Relations Commission, G.R. 202961, [4 February 2015] that requiring clearances before the release of last payments to the employee is a standard procedure among employers, whether public or private. Clearance procedures are instituted to ensure that the properties, real or personal, belonging to the employer but in the possession of the separated employee, are returned to the employer before the employee’s departure. From the foregoing, after fulfilling all the required clearances, you have the right to request the immediate release of your final pay if the 30-day period has already lapsed. The company is obligated to provide your final pay within 30 days from your last date of employment, whether you were terminated by the employer or resigned voluntarily. This time frame, as stated by DOLE (Department of Labor and Employment), aims to strike a balance between the employer’s need to manage effectively and the employee’s right to receive timely payment. Hope this helps. Atty. Joji Alonzo The post Final pay release delay appeared first on Daily Tribune......»»
ICC keep out
The position of President Ferdinand “Bongbong” Marcos Jr. to end any engagement with the International Criminal Court since it is a waste of time and government resources is appropriate since the same position was taken by two magistrates of the tribunal. Judge Marc Perrin de Brichambaut, the presiding officer of the ICC pre-trial chamber, and Judge Gocha Lordkipanidze, who both voted against continuing an investigation into the war on drugs, opined that the Court could not exercise jurisdiction over the Philippines since the country had withdrawn from the Rome Statute before former Prosecutor Fatou Bensouda requested authorization to commence an investigation. “In the present situation, it would be counter-productive and a waste of the Court’s resources to allow an investigation to proceed, only to declare later in the proceedings, when a challenge is made with respect to a specific case arising from this very situation, that the Court has no jurisdiction,” the dissenting judges said. President Marcos put a period to the ICC debate on Friday, saying the government would no longer be in touch with the international tribunal after it rejected the Philippine government’s plea to suspend its investigation into former president Rodrigo Duterte’s anti-drugs campaign. “We will no longer negotiate with the ICC. Just as we were saying from the start, we will not cooperate with them in any way, shape, or form,” Marcos stated firmly. “So, I suppose that puts an end to our dealings with the ICC.” Moreover, Marcos said his administration would “continue to question” the ICC’s jurisdiction in investigating the Philippines’ drug war. “Why would the issue be raised in The Hague? It should be discussed here. That’s it. We have no appeals pending. We have no more actions being taken,” the President said. Last March, the ICC denied the Philippines’ plea to suspend its investigation “in the absence of persuasive reasons in support of ordering suspensive effect.” Before the statement of Marcos, the government submitted a notice of appeal in February and an appeal brief in March to suspend the probe after the ICC authorized its prosecutor, Karim Khan, to investigate alleged crimes committed during the war on drugs of the previous administration. In March 2018, then-president Duterte ordered the Philippines’ withdrawal from the Rome Statute that created the ICC after former prosecutor Fatou Bensouda continued with his preliminary examination. The Philippines formally cut ties with the ICC on 17 March 2019, exactly a year after the revocation of the Rome Statute. In September 2021, the ICC launched a formal inquiry into the drug war but suspended it two months later after the Philippine government vowed to re-examine the cases in question. The ICC prosecutor in June 2022 requested to reopen the inquiry as it was “not satisfied” with what the Philippines was doing. According to the two dissenting justices, the issue of jurisdiction was not properly addressed in the ICC proceedings. They said: “While the Pre-Trial Chamber had already made similar findings on jurisdiction in its previous Article 15 decision, which are referred to in the Impugned Decision, Article 15 of the Statute does not foresee the participation of the State concerned in the relevant proceedings, and the Statute does not provide for the possibility of a State to file an appeal against a pre-trial chamber’s ruling in the context of Article 15 proceedings.” The dissent indicated that “the Philippines was neither a party nor a participant in the Article 15 proceedings in this situation. It is only in the context of Article 18 proceedings that the Philippines had the opportunity to raise the issue of the Court’s jurisdiction.” The point raised by the magistrates was that the appeal was made on a different provision of the Rome Statute which was not properly addressed by the pre-trial chamber. “As such, we consider that the Philippines’ challenge regarding the Court’s jurisdiction is properly raised on appeal and the Appeals Chamber should have addressed it on the merits,” according to the dissenters. The ICC may have some deeper agenda in proceeding with the probe considering that even its judges believe that what will be undertaken is a waste of time. Closing the door on the prejudiced tribunal was the correct move in protecting the nation as a sovereign state. The post ICC keep out appeared first on Daily Tribune......»»