PH COVID cases breach 100k
PH COVID cases breach 100k.....»»
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......»»
‘Total lawfare’: Ukraine’s other front in the war
On 26 February 2022, while Russian tanks were barrelling towards Kyiv, Ukrainian lawyers were fighting on a different front, submitting a case against Moscow at the International Court of Justice. The gilded halls of the Peace Palace in The Hague, where the court sits, are a world away from the trenches of Donbas but Ukraine believes its legal attacks on Russia are a critical part of the fight. What cases are open in Ukraine's campaign of all-out "lawfare" against Moscow and, with little chance of Russian compliance, what's the point? Where are the legal front lines? The Hague, Strasbourg, and Hamburg. Ukraine has dragged Russia before the International Court of Justice (ICJ), which rules on disputes between nations, arguing that President Vladimir Putin abused the UN Genocide Convention when he used an alleged "genocide" in eastern Ukraine as a pretext for invasion. The final arguments in this case will be heard later Wednesday. Also in The Hague, the International Criminal Court (ICC) has issued an arrest warrant for Putin, accusing him of unlawfully deporting Ukrainian children, a war crime. Neither of these courts, however, can try Russian leaders, including Putin, for the crime of "aggression", defined as an attack on one state by another in breach of the UN charter. So a special group of prosecutors from Ukraine, the EU, the United States, and the ICC has been set up in The Hague with a view to establishing a special tribunal to bring senior Russians to trial. Ukraine also has cases open at the European Court of Human Rights (ECHR) in Strasbourg over alleged Russian human rights abuses. Finally, Ukraine also brought cases to the Permanent Court of Arbitration (PCA) in The Hague and the International Tribunal for the Law of the Sea in Hamburg over what it says is Russia's disregard for international maritime law. Will Russia comply? It seems unlikely that Russia would comply with any ruling from an international court -- for example, in March 2022, the ICJ ordered Moscow to immediately halt its invasion. Russia didn't even turn up to the hearings in that case. But it's far from an academic exercise, said Cecily Rose, assistant professor of public international law at Leiden University. "There are examples of cases in which Russia has complied at least partially with an adverse ruling by an international court," Rose told AFP, citing a 2015 verdict in which Moscow reportedly stumped up half the cash it was ordered to. "It shows that non-compliance cannot be cynically assumed. Most of the time, states do comply with awards and judgments rendered by international courts and tribunals." What's the point? Even if Russia doesn't comply, Kyiv and most legal experts think the international community needs to draw a line in the sand. "Some countries do not comply with the law, including Russia. However, it is still important to call them out and to bring a case against them when they do breach the law," said Melanie O'Brien, assistant professor at the University of Western Australia Law School. "The case demonstrates that other countries do not view Russia's conduct as acceptable -- but rather, as unlawful," O'Brien told AFP. A ruling from the ICJ against Russia would be a further element in isolating Moscow and confirming it broke international law, she said. "It is also an important acknowledgment for victims of human rights abuses and international crimes such as war crimes that what happened to them and their loved ones was not lawful," she added. Proving that Russia's actions were in contravention of international law could also be key in future peace negotiations, including over potential reparations, noted Rose. How long will it take? The wheels of justice grind slowly. The ICJ "genocide" case is only about whether the court even has jurisdiction. A special tribunal is politically sensitive and will take a long time to establish. But the wheels of justice also grind exceedingly fine. "Just because Putin won't comply with a ruling now, he won't be in power forever," said O'Brien. "At some point, a change of regime will occur and may lead to compliance with international law." The post ‘Total lawfare’: Ukraine’s other front in the war appeared first on Daily Tribune......»»
Breach of trust
Dear Atty. Maan, I have been working at a toy manufacturing company for the past decade. Last week, our team manager was caught with various valuable toy parts during a routine outgoing inspection for which she had no authorization to take from the warehouse. Although she was given a chance to explain, her employment was eventually terminated for stealing company property and loss of trust and confidence. She had been with the company for more than two decades. Do you think the termination was commensurate with the offense she committed, Atty? Elaine *** Dear Elaine, Article 297. [282] of the Labor Code of the Philippines provides: Termination by Employer. — An employer may terminate an employment for any of the following causes: (c) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative[.] Further, the Supreme Court ruled in various cases that Two requisites must concur for a valid termination of employment due to loss of trust and confidence. First. Breach of trust and confidence must be premised on the fact that the employee concerned holds a position of trust and confidence, where greater trust is placed by management and from whom greater fidelity to duty is correspondingly expected. The essence of the offense for which an employee is penalized is the betrayal of such trust. In the case of Wesleyan University Phils. v Reyes, employees vested with trust and confidence were divided into two classes: (a) the managerial employees; and (b) the fiduciary rank-and-file employees. As explained by the Court: To the first class belong the managerial employees or those vested with the powers or prerogatives to lay down management policies and to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees or effectively recommend such managerial actions. The second class includes those who in the normal and routine exercise of their functions regularly handle significant amounts of money or property. Cashiers, auditors, and property custodians are some of the employees in the second class. Second. There must be some basis for the loss of trust and confidence. The employer must present clear and convincing proof of an actual breach of duty committed by the employee by establishing the facts and incidents upon which the loss of confidence in the employee may fairly be made to rest. This means that “the employer must establish the existence of an act justifying the loss of trust and confidence.” Otherwise, employees will be left at the mercy of their employers. Presence of the above-mentioned conditions would warrant the validity of termination on the ground of breach of trust and confidence under the law. Hope this helps. Atty. Mary Antonnette Baudi The post Breach of trust 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......»»
ABS-CBN review petition vs Willie dismissed
Issues actually and directly resolved in a former suit cannot again be raised in any future case between the same parties involving a different cause of action. This was the ruling of the Supreme Court’s Third Division, in a 22-page decision penned by Justice Maria Filomena D. Singh, dismissing the Petitions for Review filed by ABS-CBN Broadcasting Corporation and partly granting the Petition for Review filed by Willie B. Revillame. The petitions challenge various rulings of the Court of Appeals thus on 23 August 2010, Revillame filed a civil action before the Quezon City Regional Trial Court seeking to cancel, terminate, and rescind his three-year contract with ABS-CBN (Civil Case No. Q-10-67770). Revilla under the contract, was to host the show “Wowowee” on the ABS-CBN network until 10 September 2011 “or upon cancellation or earlier termination of the program.” The suit prompted Revillame to withdraw from “Wowowee” on 5 May 2010, which was followed by ABS-CBN’s refusal to release Revillame as its talent and the network’s subsequent replacement of “Wowowee” with a different program. The television company on 15 September 2010, filed its Answer with Compulsory Counterclaim, praying for liquidated damages in the amount of over P700 million, plus over P400 million for each further violation by Revillame, or for each week of violation of their contract. Later on, ABS-CBN applied for a Temporary Restraining Order and/or Writ of Preliminary Injunction to restrain Revillame from performing with TV5, owned by ABC Development Corporation (ABC Corporation) on a similar show, titled “Willing Willie.” The RTC denied the TRO application but ordered Revillame to post a bond in the amount of P426,917,646.96 as security for any damage that may be incurred by ABSCBN. The company then proceeded to file a complaint with the Makati RTC for copyright infringement against Revillame, ABC Corporation, Wilproductions Inc., and one Ray Espinosa. This prompted ABC Corporation and Espinosa to go to the CA to restrain the Makati RTC from proceeding with the copyright infringement case. The CA ruled in favor of ABC Corporation and Espinosa, finding that ABS-CBN engaged in forum shopping for filing two suits: (1) its Compulsory Counterclaim in Civil Case No. Q-10-67770 pending before the Quezon City RTC and (2) the Complaint for Copyright Infringement pending before the Makati RTC. The CA found that both cases are based on one cause of action: Revillame’s alleged breach of its contract with ABS-CBN. The Supreme Court would later affirm the CA’s ruling in a separate case (G.R. No. 201664). The post ABS-CBN review petition vs Willie dismissed appeared first on Daily Tribune......»»
UK water firms facing legal fight over pollution incidents
An environmental academic said Wednesday she had filed the first of multiple planned court actions against British water companies for underreporting pollution incidents and overcharging customers, in breach of UK laws. Carolyn Roberts, a professor and water and environment consultant, revealed she had lodged an initial claim against Severn Trent Water and planned further legal actions against five other firms on behalf of more than 20 million customers. Roberts, who is represented by the well-known British law firm Leigh Day, estimates the companies could face compensation bills of over £800 million ($1 billion) if the cases are successful. The first claim, filed last week against Severn Trent on behalf of eight million people, is estimated to be worth more than £330 million. It comes amid a long-running scandal over privatized water firms pumping raw sewage into waterways, provoking widespread public anger and promises of increased regulatory scrutiny from the government. Ministers announced last month that companies and individuals polluting Britain's rivers and other ecosystems will be liable for unlimited fines. "Like many others across the country, I have viewed with horror the escalating number of stories in the media regarding the volume of sewage discharged into our waterways and onto our beaches," Roberts said in a statement. "It appears that because of the serial and serious underreporting at the heart of these claims, water companies have been avoiding being penalized by Ofwat," she added, referring to the sector's regulator in the UK. "I believe this has resulted in consumers being unfairly overcharged for sewage services." Industry body Water UK said the accusations are "entirely without merit" and that 99 percent of sewage works are legally compliant. However, Roberts and Leigh Day said they intend to bring similar "collective actions" against Thames Water, United Utilities, Anglian Water, Yorkshire Water, and Northumbrian Water. They urged the companies' millions of customers to visit a website created to assess their eligibility for compensation. "These companies have allegedly been misleading their regulators by underreporting the number of pollution incidents, being discharges of wastewater from a company sewerage asset adversely affecting the water environment and resulting in higher customer bills," a statement on it read. Last month, a UK court fined Thames Water, the nation's biggest supplier, £3.3 million for polluting rivers. The fine came shortly after the UK's privatized water companies pledged to make massive investments to avoid repeats of the contamination. The post UK water firms facing legal fight over pollution incidents appeared first on Daily Tribune......»»
Philippines COVID-19 cases breach 4 mln mark in total
MANILA, Oct. 28 (Xinhua) -- The total number of confirmed COVID-19 cases in the Philippines passed the 4 million mark after the Department of Health (DOH) reported 1,551 new infections on Friday. The DOH said 38 more patients died from COVID-19 complications, taking the death toll to 63,959. The number of active cases rose to 21,685. Metro Manila, the capital region of over 13 million people, tallied 364.....»»
Dengue cases in Philippines breach 100,000, with 368 deaths
MANILA, Aug. 15 (Xinhua) -- The Philippine health department said Monday that the number of dengue cases in the Southeast Asian country climbed to 102,619 during the first seven months this year. The Department of Health said the number of dengue cases as of July-end is 131 percent higher than the number recorded in the same period last year. The mosquito-borne viral disease also claimed the lives of 368......»»
Active cases breach 100,000
Active cases breach 100,000.....»»
COVID-19 active cases in PH breach 60,000
COVID-19 active cases in PH breach 60,000.....»»
Index soars over 5% to breach past 6,600
The local stock market soared by over five percent yesterday one of its best performance in years to lead Asian markets for a second day, with investors snapping up bargains anew on prospects of further reopening of the economy as new virus cases dwindle......»»
COVID-19 deaths in Philippines top 18K as recoveries breach 1M
The Philippines on Friday recorded X additional COVID-19 cases, bringing the total number of infections to X......»»
Duque pushes MECQ extension, cases breach 1 million
Health Secretary Francisco Duque III said Monday he supports the extension of the modified enhanced community quarantine (MECQ) in Metro Manila and nearby provinces to further decrease the number of COVID-19 cases......»»
PH cases near 1 million as DOH reports 8,162 new infections
MANILA, Philippines — With more laboratories confirming coronavirus infections, the Philippines’ total COVID-19 cases would likely breach the one-million mark on Monday as the country joins the observance of World Immunization Week. The Department of Health (DOH) reported 8,162 new infections on Sunday based on laboratory test results, pushing the total to 997,523. Less than […] The post PH cases near 1 million as DOH reports 8,162 new infections appeared first on Cebu Daily News......»»
PH to breach 1 million COVID-19 cases today
PH to breach 1 million COVID-19 cases today.....»»
PH’s active COVID-19 cases breach 200,000-mark
MANILA, Philippines — The Philippines now has a total of 203,710 active COVID-19 cases following the reporting on Saturday of 11,101 more coronavirus infections. The Department of Health (DOH) said the country now has a total of 926,052 COVID-19 cases, of which 22 percent are active cases. Of this number, 706,532 are recoveries, including 799 […] The post PH’s active COVID-19 cases breach 200,000-mark appeared first on Cebu Daily News......»»
Phl COVID-19 cases breach 800k mark
The Philippines’ coronavirus disease tally surpassed the 800,000-mark on Monday as statisticians have projected that it might jump to one million before the end of the April. The latest report of the Department of Health (DoH) showed a total of 803,398 individuals have been infected, with 8,355 additional infections. The figure excluded data from three […] The post Phl COVID-19 cases breach 800k mark appeared first on Daily Tribune......»»
New cases breach 8k mark: Rody calls for balancing act vs. virus
Closing the economy through coronavirus lockdowns would be disastrous for the country, President Rodrigo Duterte said Monday night, as he called for a balancing act amid the raging COVID-19 pandemic......»»
New cases breach 8k mark: Hospital group seeks reinforcement
A group of hospitals on Monday sought "reinforcement" from the government as medical facilities in Metro Manila are filling up due to the surge in COVID-19 cases......»»
Quarantine fatigue blamed for spike
Health Secretary Francisco Duque III admitted that the spike in COVID-19 cases is alarming, and blamed it on “quarantine fatigue” and a breach in minimum public health standards......»»