Legal Advice on Philippine Law and Jurisprudence

Scholarly articles and posts about Law, Jurisprudence, and Insights on Various Aspects of Philippine laws

Understanding Property Relations Between Husband and Wife in the Philippines

           “For richer, for poorer, in sickness or in health, to love and to cherish till death do us part.” This is part of the marriage vow being recited during weddings. Being married to someone entails not only sharing one’s life but also one’s property with the other. Hence, it is very important to know […]

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Understanding Statutory Leaves of Employees in the Philippines

                As the old saying goes, all work and no play makes Jack a dull boy. Hence, part of improving an employee’s efficiency is to allow him to take a leave from work without sacrificing his income. The Philippine Labor Code and other special laws mandate certain leaves that an employer should extend to an

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Limitations on Foreign Investments and Equity in the Philippines

Foreign investments are encouraged by the Philippine government to fuel economic growth.  Based on data culled from the National Statistical Coordination Board (“NSCB”), the total approved foreign investments in the Philippines for the year 2014 amounted to P186.9 Billion Pesos (or roughly US$4 Billion Dollars). According to the NSCB, in 2014, Japan is the largest

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Maintaining Your Trademark in the Philippines

           The Philippine Intellectual Property Office (“IPO”) does not require proof of use in commerce in the processing of trademark applications.  However, during the life of the trademark, the applicant or registrant must prove that it is using the mark in the Philippines.  Thus, a notarized Declaration of Actual Use (“DAU”)

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The Treatment of Medical Malpractice in the Philippines

Proving medical malpractice in the Philippines one of the more difficult civil cases in the Philippines. Medical procedures involve, to a great degree, technical matters, which must be clearly understood first, prior to pursuing a claim that a treatment was attended with malpractice. Moreover, in order to prove the existence of medical malpractice in any

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How to Compel a Corporation to Grant Access to Corporate Records

Access to corporate records is vital in any corporation. Whether these records pertain to financial documents, human resources, operation endeavors, future plans, or even building and floor plans, these records help the officers, directors, and the stockholders map out the present and future directions for the company. In view of their significance, access to the

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How to Implement a Redundancy Program in the Work Place

Dismissal of workers due to redundancy is a management prerogative governed by the Article 283 of the Labor Code. This is one of the authorized causes which an employer, in good faith, may utilize as a measure of efficiency in the company, or to prevent company losses. The pertinent portions of the law provide: Article

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How to Transfer Shares of Stock in a Corporation

Philippine law treats shares of stock in a corporation as personal property. Similar to other personalty, the owner of the property can sell, assign, transfer or convey his property to another as he wishes. This is an attribute and principle of ownership which cannot be taken away. However, being in the nature of intangible personal

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When is an Employee Entitled to Separation Pay?

Separation pay has been defined as the amount that an employee receives at the time of his severance and is designed to provide the employee with the wherewithal during the period he is looking for another employment. However, this broad definition must not be taken at face value. There are only limited instances wherein separation

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