Dissecting a Franchise Agreement: Part Four - Nicolas and De Vega Law Offices

Dissecting a Franchise Agreement: Part Four

We have dissected the Franchise Agreement down to its most basic elements, namely: consent, subject matter, and cause or consideration. The first two parts of ‘Dissecting a Franchise Agreement’ discussed the two essential elements of a valid Franchise Agreement, namely, consent and subject matter. Part three focused on the cause or consideration which impels a […]

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Philippine Labor Law: Types of Employees - Nicolas and De Vega Law Offices

Philippine Labor Law: Types of Employees

In any business venture, there are two resources which must be considered: capital and labor. Every businessman knows the saying “to make money, you have to spend money.” Every business entails a bit of risk-taking. The ability and the willingness to take certain calculated risks are almost always essential for every business venture to succeed. […]

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Making your Contracts "Air Tight" - Nicolas and De Vega Law Offices

Making your Contracts “Air Tight”

A contract is the bible to any arrangement. It sets out the obligations of all the parties to a transaction, and determines the extent to which a party may be liable if anything goes wrong. Thus, it should be effective, well-drafted, and “air-tight”. An air-tight contract is one which takes into account all events which […]

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Sole Proprietorship, Corporation or Partnership: Choosing your business enterprise - Nicolas and De Vega Law Offices

Sole Proprietorship, Corporation or Partnership: Choosing your business enterprise

In doing business, there are various forms of business entities to consider, the most common forms of which are 1) single proprietorships, 2) corporations, and c) partnerships. A single proprietorship is a business operated by a single individual. Registration of single proprietorships would take between 1-2 days, and the documentary requirements of the Department of […]

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Annulment of Marriage in the Philippines - Nicolas and De Vega Law Offices

Annulment of Marriage in the Philippines

There is no divorce in the Philippines. However, a marriage may be annulled in the Philippines for any of the following causes, existing at the time of the marriage: (1) Either party was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, UNLESS after […]

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Self-Defense - Nicolas and De Vega Law Offices

Self-Defense

Not all acts constitute crimes. A person who is defending himself, family or property cannot be held criminally liable.  Article 11 of the Revised Penal provides for justifying circumstances whereby the person is said to be acting in accordance with law such as self-defense Art. 11. Justifying circumstances. — The following do not incur any […]

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Battered Woman Syndrome - Nicolas and De Vega Law Offices

Battered Woman Syndrome

In criminal and family law, the novel concept of Battered Woman Syndrome (BWS) vis-à-vis self-defense has been a controversial topic. Republic Act No. 9262, otherwise known as the Anti-Violence Against Women and Their Children Act (“VAWC”) puts into law this concept and states: SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are […]

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How to Form a Partnership in the Philippines - Nicolas and De Vega Law Offices

How to Form a Partnership in the Philippines

If you are interested in engaging in business or practicing your profession with some colleagues, a partnership may be the proper vehicle. The Philippine Civil Code provides for a definition of a partnership as follows: Art. 1767. By the contract of partnership two or more persons bind themselves to contribute money, property, or industry to […]

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Employee Benefits under Philippine Laws - Nicolas and De Vega Law Offices

Employee Benefits under Philippine Laws

Listed below is a summary of the mandatory benefits and provisions for employees in the Philippines under the Labor Code and special laws: 1. Minimum wage = P537.00 per day (in NCR) as of 22 November 2018 2.  13th month pay (after 1 month of service) = 1/12 of the total basic salary earned by […]

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How to Get a Patent - Nicolas and De Vega Law Offices

How to Get a Patent

When through your own efforts or resources, you subsequently develop an invention, new technology or breakthrough, it is important to have it protected. Such intellectual property can be copied or exploited by others if it is not protected. The usual form of protection is to apply for a patent with the Bureau of Patents of […]

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