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Stewart Cink, 50, part of five-way tie for Valspar lead
(Photo credit: Kyle Terada-USA TODAY Sports) Fifty-year-old Stewart Cink shot a 4-under 67 to join a five-way tie for the lead at the Valspar Championship before play was suspended Friday in Palm Harbor, Fla. As the field endured rainy conditions at Innisbrook Resort's Copperhead Course, 20 golfers did not complete their rounds before darkness fell. They will resume their second rounds Saturday at 9 a.m. The five co-lea.....»»
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......»»
Problem employee
Dear Atty. Joji One of our employees has been problematic lately. This employee has already been reprimanded several times in the past and was even suspended. Last week, he was caught again in violation of our company’s code of conduct. Can we terminate a problematic employee who not only has attitude problem, but also refuses to do tasks which are incidental to his duties without the risk of committing illegal dismissal? Aiza *** Dear Aiza, In determining the sanction imposable on an employee, the employer may consider the former’s past misconduct and previous infractions. Also known as the principle of totality of infractions, the Court explained such concept in Merin v. National Labor Relations Commission, et al., thus: “The totality of infractions or the number of violations committed during the period of employment shall be considered in determining the penalty to be imposed upon an erring employee. The offenses committed by petitioner should not be taken singly and separately. While it may be true that petitioner was penalized for his previous infractions, this does not and should not mean that his employment record would be wiped clean of his infractions. After all, the record of an employee is a relevant consideration in determining the penalty that should be meted out since an employee’s past misconduct and present behavior must be taken together in determining the proper imposable penalty. Despite the sanctions imposed upon petitioner, he continued to commit misconduct and exhibit undesirable behavior on board. Indeed, the employer cannot be compelled to retain a misbehaving employee, or one who is guilty of acts inimical to its interests. It has the right to dismiss such an employee if only as a measure of self-protection.” Likewise, in Sugue v. Triumph International (Phils.), Inc., the Supreme Court stated that employers are not expected to retain an employee whose behavior causes harm to its establishment: “Indeed, the law imposes many obligations on the employer such as providing just compensation to workers, and observance of the procedural requirements of notice and hearing in the termination of employment. On the other hand, the law also recognizes the right of the employer to expect from its workers not only good performance, adequate work and diligence, but also good conduct and loyalty. The employer may not be compelled to continue to employ such persons whose continuance in the service will patently be inimical to his interests.” From the foregoing, it can be gleamed that as an employer, you may factor in the employee’s previous misconduct in determining the appropriate and perhaps the ultimate penalty of dismissal upon the erring employee. Hope this helps. Atty. Joji Alonso The post Problem employee appeared first on Daily Tribune......»»
Fernando Alonso amplifies the ‘after’ of ’33 for the Hungarian Grand Prix
After a week’s rest, Formula 1 heads to the track hunger This weekend to celebrate Hungarian Grand Prix. After a mediocre result in the last.....»»
Immortalized
Had he been immortal, Jose Rizal, the Philippines’ national hero, would have turned 162 yesterday, 19 June 2023. But Rizal need not be god-like as envisaged by the cult-like organization that has appropriated his name. As the Austrian ethnographer, Dr. Ferdinand Blumentritt, so famously said: Rizal was the “greatest man the Malay race ever produced.” Despite dying 126 years ago at the tender age of 35, Rizal has been immortalized enough because of his writings and deeds. Without question, Rizal was a brilliant man, being a writer, poet, sculptor, and linguist, in addition to being a doctor. He was also a patriot who battled for Philippine independence from Spain, although some would contend he was more of a pacifist who sought mere assimilation. Rizal was born in Calamba, Laguna in 1861, the seventh of 11 children of Francisco Mercado Rizal and Teodora Alonso Realonda, who were both well-educated and relatively rich as farmer-tenants of the landed friars from whom they leased land. Francisco and Teodora instilled a passion for learning and a strong sense of social justice in their children, especially Jose and his elder brother Paciano, who would later become a general of the revolutionary Katipunan. Rizal studied at the Ateneo Municipal de Manila, where he excelled. He then studied medicine at the University of Santo Tomas, where he considered himself a mediocre student, deciding to travel to Spain in 1882 to finish schooling and become a doctor. In Spain and during his visits to other European countries, Rizal would write several essays and his literary masterpieces, Noli Me Tangere and El Filibusterimo, thereby stoking the fires of rebellion in other heroes like Andres Bonifacio. Rizal was a firebrand in his discourses that when the Noli was released in 1887, mere possession of the book was made a crime by the Spanish authorities who jailed a UST student just for having a copy. Having formed the La Liga Filipina, acknowledged by some as the precursor and inspiration for the founding of the Katipunan, Rizal would be arrested, exiled to Dapitan and eventually tried and found guilty of treason by a kangaroo court. He was executed on 30 December 1896 after his trip to serve as a field doctor during Spain’s efforts to stem the Cuban revolution was cut short by accusations he was among the leaders of the revolution that broke out that year. Rizal’s death marked a watershed moment of the revolution, galvanizing more Filipinos to seek freedom by bearing arms and fighting the hated Spaniards. A fascinating and complex man Rizal was: A free thinker, a mason, and also a romantic lover. He was also a man of inconsistencies — both a fervent Catholic and a harsh opponent of the Catholic Church. He was a scientist who believed in the power of magic. While it’s difficult to put a finger on what kind of a man Rizal really was, undoubtedly, he was a product of his milieu. The Age of Enlightenment, the Romantic movement, and the ideas of the French Revolution all affected him, as much as he was angered by the corrupt and brutal Spanish colonial regime. Rizal’s life and actions continue to be important and relevant today. One only has to look at his works to see the unending struggle of Filipinos for justice and equality, if not against colonial masters, against homebred tyrants who continue to visit misfortunes on the country since the Spaniards left in 1898 and the Americans in 1946. As a national hero, considered the first among other heroes like Bonifacio, Apolinario Mabini and Emilio Jacinto, Rizal had amply demonstrated how a single person could make a difference. Like everyone else, Rizal was a mere mortal. He was imperfect and made errors. He was, nonetheless, a remarkable man who made enormous contributions to the Philippines. At least on his birthday, like yesterday and every 30th of December to commemorate his martyrdom, Rizal deserves to be remembered and appreciated. True, Rizal had complicated and often tragic relationships with women, including one that nearly led to a fatal duel abroad with Antonio Luna over Nelly Boustead, and the last, with Josephine Bracken, who did not find favor with his family. Those relationships, however, reflect Rizal’s humanity and capacity for love. Rizal was a man who was enthusiastic about life and the people he cared about. Rizal left a legacy of love, optimism, and independence. He was a man who battled for his people’s rights and inspired them to fight for their own independence. The post Immortalized appeared first on Daily Tribune......»»
Cornerstone threatens to file charges vs viral post claiming Moira Dela Torre cheated, stole compositions
Cornerstone Management legal counsel Joji Alonso warned that they will file charges against a viral post attacking singer Moira Dela Torre. .....»»
Celebrity lawyer advises client to sue maligner
Celebrity lawyer Joji Alonso, who usually advises her clients not to file lawsuits against their spouses, broke her belief in "forging peaceful co-existence". This time, she is inclined to advise one of her showbiz clients to file charges against someone who is spreading false information about her client on social media. "(S)omeone writes a story filled with lies and decides to make it a 'pinned post', with no intention other than discrediting and maligning said client," Alonso posted on Facebook. "This someone must be sued and take accountability," the celebrity lawyer stressed. Although, Alonso didn't mention any name; however, some netizens were quick to connect her online statement to the ongoing issue between estranged showbiz couple Jason Hernandez and Moira Dela Torre. The issue was further exacerbated by some individuals close to the couple who joined the fray. Songwriter-composer Lolito Go, in his Facebook post titled "Breaking my silence about the Jason-Moira breakup", wrote some controversial "revelations" against Dela Torre. “Yes, nagkasala sya. Pero walang third party on Jason’s side. He never fell in love with anyone else. His only sin was he listened to the call of flesh and availed of illicit massage service because Moira couldn’t fulfill his sexual needs," Go said in his lengthy post. “And even before Jason confessed to his sin, Moira already wanted out. Dahil nakahanap na rin sya ng pamalit. Someone who will ‘dance in the rain’ with her and call her ‘binibini’. I’ll leave it to you to guess sino ang tinutukoy ko," the songwriter added. Meanwhile, Cornerstone Management vice president Jeff Vadillo came to the side of Dela Torre and addressed the Facebook post of Go. In concluding his online statement, Vadillo asked Go to stop maligning Dela Torre. Along with his statement, he reposted Atty. Alonso's Facebook post. The post Celebrity lawyer advises client to sue maligner appeared first on Daily Tribune......»»
Handicapped woes
Dear Atty. Joji, Our officemate Pia is a software engineer in an advertising firm. Sometime in 2015, she figured into an accident which resulted to the loss of her ability to use her legs. Nevertheless, the performance and productivity of Pia remained the same. When the advertising firm had a change of management, Pia noticed that her wage became 25 percent lower than the minimum wage. When Pia asked management as to the sudden diminution of her wage, the management said that handicapped workers may be paid not less than 75 percent of the minimum wage. Is our employer correct? Ava ***** Dear Ava, 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, Pia 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 software engineers in the firm, 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 Handicapped woes appeared first on Daily Tribune......»»
‘We are more than enough’: KaladKaren dedicates historic win to LGBTQ+ community
Comedian, television host and actress KaladKaren, whose real name is Jervi Li, was declared the winner in the Best Supporting Actress category of the first Summer Metro Manila Film Festival (MMFF) during the Gabi ng Parangal, held on 11 April at the New Frontier Theater in Cubao, Quezon City. She bested co-nominees Ana Abad Santos of Love You Long Time and Maris Racal of Here Comes the Groom. She made history by becoming the first transgender person to win an acting award at the MMFF for her role in Here Comes the Groom, which won Third Best Picture. She is the second trans person to win an acting award in Philippine cinema. “Alam niyo po, itong parangal na ito ay hindi lamang recognition ng aking trabaho kundi pati na rin po ng aking pagkatao (You know, this award is not just a recognition of my work but also of my identity) When I entered show business, I never thought na makakakuha po ako ng award kasi (that I would receive an award because) as transgender woman, I thought I will never be enough,” she said in her emotional acceptance speech. KaladKaren continued: “Kaya napakahalaga po nitong award na ito para sa akin (That’s why this award is very important to me), and I want to share this to all transgender people, drag artists, members of the LGBTQIA+ community, whose lives and existence are being threatened in the world right now, para sa inyong lahat po ‘to (this is for all of you). And I want to remind all of you that we are more than enough.” The actress expressed her gratitude to the Summer MMFF board of jurors, which was headed by Golden Globe- and BAFTA-nominated actress Dolly de Leon, and included filmmaker Jose Javier Reyes, saying that “it only goes to show that there is diversity, inclusion, and equity in Philippine cinema.” She also thanked the film’s writer and director Chris Martinez and Quantum Films producer Joji Alonso for “this chance and thank you for hiring a transgender actress to play a transgender character. Thank you for being truthful.” [caption id="attachment_119814" align="aligncenter" width="525"] KaladKaren wins Best Supporting Actress for ‘Here Comes the Groom’ at the first summer MMFF Awards.[/caption] In Philippine showbusiness, LGBTQ+ characters are often played by straight actors. This practice has taken away opportunities from LGBTQ+ actors, who have been relegated to sidekick roles and providing comedic reliefs. KaladKaren also thanked her co-actors including Iyah Mina, the first trans person to win an acting award, when she won Best Actress at the 2018 Cinema One Originals Film Festival for her work in Mamu; And a Mother Too. Mina was nominated at the Gawad Urian in the Best Actress category in 2019. “Thank you rin po sa mga role models ko sa (to my role models in the) industry — Ma’am Karen Davila, if not because of your support I don’t think KaladKaren would fly,” she further said. “And to Meme Vice Ganda, thank you for opening so many doors for us so we can enter. You’re one of the reasons why I’m here tonight.” KaladKaren also acknowledged her fiancé, British seafarer Luke Wrightson: “And to the love of my life, Luke, kung nasaan ka man (wherever you are), for 11 years, you have showed me and you have made me feel that I am more than enough. I love you from the bottom of my heart. He’s my husband-to-be. Ang suwerte niya, noh? (He’s so lucky, right?)” The last part of her speech addressed the children and the youth: “Lahat ng mga batang nangangarap, sa mga LGBTQIA+ na kids, mga batang beki, ‘wag kayong matakot maging kayo at ‘wag kayong matakot mangarap because one day, hindi niyo alam, kayo rin ang nandirito. At sana ‘wag po nating kalimutan ang mensahe ng aming pelikula: Hindi po ang itsura at kasarian ang mahalaga kundi ang inyong puso at kaluluwa (To the kids who are dreaming, to the LGBTQIA+ kids, do not be afraid to be yourselves and to dream because one day, who knows, you would also be the one standing here. And I hope we also remember the message of our film: What’s important is not your appearance or your gender, but your heart and soul).” The LGBTQ+ community also celebrated KaladKaren’s win. Trans activist Mela Franco Habijan wrote on her social media accounts: “Our dearest KaladKaren winning Best Supporting Actress is a beautiful exclamation point for the trans community! It is a huge win for the LGBTQIA+ community! You are power, mars! Congratulations and we are proud of you!” Trans filmmaker Rod Singh, the director of Mamu; And a Mother Too, expressed delight when KaladKaren was nominated, writing on Twitter (@iamrodafrog), “This is a feat! Regardless if Jervi wins or not, this is already a win for the community! A step to the right direction. Magiging precedent din ito (This will be a precendent) for future MMFF! Which means we also have to stand our ground.” The University of the Philippines’ College of Mass Communication also congratulated KaladKaren on its official Facebook page. The actress studied at the university and graduated magna cum laude with a degree in Broadcast Communication in 2009. KaladKaren rose to prominence by impersonating broadcast journalist Karen Davila Her screen name is a portmanteau of Karen and the Filipino word “kaladkarin,” meaning “easy to get tagged along,” which can imply being “loose.” She has hosted several television shows such as Umagang Kay Ganda, I Can See Your Voice and The Voice of the Philippines. Last year, she was a regular judge in the first season of Drag Race Philippines. KaladKaren played Wilhemina in Here Comes the Groom, the sequel of the 2010 film Here Comes the Bride, with a plot of souls being “swapped” in an accident during a solar eclipse. It stars Enchong Dee, Racal, Best Supporting Actor winner Keempee de Leon, Awra Briguela, Gladys Reyes, Miles Ocampo, and Xilhouete. The Summer MMFF ran from 8 to 18 April. The post ‘We are more than enough’: KaladKaren dedicates historic win to LGBTQ+ community appeared first on Daily Tribune......»»
Custody of children
Dear Atty. Joji, I have two grandchildren from my late daughter. They are both minors — a five-year-old and a three-year-old. A year ago, my daughter died from cancer and the kids were left in my care while my son-in-law stays with us. Recently, my son-in-law remarried and I am a little scared that they might take the children away from me. Can I be the guardian and custodian of my grandchildren? Thank you, Atty. Beth -------------------------------------------------- Hi Beth, Our laws determine that the right and duty to care and rear for children has been given to their parents. Particularly for small legitimate children, both of their parents are granted such a right and duty. Children are also required to respect and revere their parents. This is clearly expressed under the Family Code of the Philippines. Art. 209. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and well-being. Art. 211. The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father’s decision shall prevail, unless there is a judicial order to the contrary. Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority. Should one of the parents pass away, become absent or unsuitable, the right and duty to exercise parental authority will be solely exercised by the parent present. It is to be emphasized the remarriage of the surviving parent, in case the other passes away, does not automatically strip off the former of the right and duty to exercise parental authority. It is only when it has been proven in court, he or she has become unsuitable to exercise such authority can another person be appointed. The specific provisions in the said Code relative to these are quoted below: Art. 210. Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. Art. 212. In case of absence or death of either parent, the parent present shall continue exercising parental authority. The remarriage of the surviving parent shall not affect the parental authority over the children, unless the court appoints another person to be the guardian of the person or property of the children. Art. 214. In case of death, absence or unsuitability of the parents, substitute parental authority shall be exercised by the surviving grandparent. In case several survive, the one designated by the court, taking into account the same consideration mentioned in the preceding article, shall exercise the authority. (Emphasis supplied) Applying the aforementioned, we regret to inform you that you cannot take over the guardianship and custody of your grandchildren because they still have their father. However, if you intend to lawfully exercise such right and duty, it is essential for you to file a petition for guardianship in court and be able to prove your son-in-inability law’s and unsuitability to continue caring for and raising his children if you want to legitimately exercise this right and obligation. I hope this helps. Atty. Joji Alonso The post Custody of children appeared first on Daily Tribune......»»
Award-winning producer Joji Alonso slams film director Emman Dela Cruz
Film producer and lawyer Joji Alonso clapped back at her critic, film director Emmanuel Dela Cruz, for insinuating impropriety over her films' Gabi ng Parangal wins at the 2023 Summer Metro Manila Film Festival. Dela Cruz thought it was "disheartening" how one producer "dominated" the festival's awards. To which, Alonso replied, "Are you saying that the winners did not deserve to win? Or is it simply because you have a beef with me? Why fault someone who risks hard-earned money to produce films not knowing if the money will ever come back?" Film producer Alemberg Ang jumped in, saying it's not the producer's fault if she has wonderful projects and highly skilled directors. Meanwhile, film writer Noel Ferrer stated that the MMFF Jury's goal is not to distribute the awards in order to make everyone pleased. Alonso, who also writes a column in Daily Tribune, produced the two top-awarded films at the inaugural Summer MMFF: "About Us But Not About Us" which took home 10 awards, and "Here Comes the Groom" which garnered four awards. The post Award-winning producer Joji Alonso slams film director Emman Dela Cruz appeared first on Daily Tribune......»»