http://elegalforum.blogsome.com Laws, legal system and law practice in the Philippines Wed, 17 Oct 2007 18:17:31 +0000 http://backend.userland.com/rss092 en The Pinoy Entrepreneurs site is intended to be a community of, well, Filipino entrepreneurs. The site includes discussions on legal matters relating to entrepreneurship, contracts, corporate affairs, HR and labor, money and finance, as well as other business-related topics principally in the Philippines. http://elegalforum.blogsome.com/2007/10/17/pinoy-entrepreneurs/ The hope is to make the Law Central, Philippines a comprehensive collection of legal tools, information and resources for the Philippines. This endeavor is made easier by the fact that helpful resources and sites are already online. This is also intended to be partly driven by all users. There is a ... http://elegalforum.blogsome.com/2007/09/02/law-central-philippines/ Definition of terms and phrases used in the legal system of the Philippines. Go here to view the Philippine Online Law Dictionary. http://elegalforum.blogsome.com/2007/08/29/philippine-online-law-dictionary/ It has been some time since the last update on this site.  The reason? The creation of a new legal blog or blawg - still called the Philippine e-Legal Forum (click here to view the new site), which is an adjunct of the JLP-Law site.  All existing contents will be ... http://elegalforum.blogsome.com/2006/07/19/phil-e-legal-forums-new-home/ Forced early retirement Probationary Employment Illegal Dismissal Holiday pay for regular holidays falling on a rest day: Congrats to DOLE http://elegalforum.blogsome.com/2006/06/02/labor-updates/ One of the confusing matters for employees and HR people alike is the computation of holiday pay, complicated by the fact that there are different "kinds" of holidays.  This is cleared by Memorandum Circular No. 1 of the Department of Labor and Employment (DOLE).  ———————-  MEMORANDUM CIRCULAR NO. 01(8 March ... http://elegalforum.blogsome.com/2006/04/04/computation-of-pay-for-holidays-regular-special-non-working-special-working/ As pescribed in SEC Memorandum Circular No. 5 (2006), starting 1 April 2006, only filings that conform to the format of the official GIS form shall be accepted by SEC. Any deviation shall be considered as non-compliant with existing rules and regulation and, hence, will not be accepted.   http://elegalforum.blogsome.com/2006/03/29/general-information-sheet-gis-prescribed-form/ Just recently, the Supreme Court promulgated a decision (Antonio vs. Reyes, G.R. No.  155800, 10 March 2006) in connection with a petition for declaration of nullity under Article 36 (psychological incapacity) of the Family Code.  The Supreme Court sustained the nullity of the marriage based on the psychological incapacity of ... http://elegalforum.blogsome.com/2006/03/29/psychological-incapacity-pathological-liar/ Republic Act No. 8353, also known as the "Anti-Rape Law of 1997", reclasifies rape to a crime against persons.  It amended the Revised Penal Code, thus: Article 266-A. Rape: When and How Committed. - Rape is Committed- 1) By a man who shall have carnal knowledge of a woman under any of ... http://elegalforum.blogsome.com/2006/03/18/19/ In a previous case arising from the 2003 "Oakwood mutiny", Pres. Arroyo issued Proclamation 427, declaring a "state of rebellion" and calling out the Armed Forces of the Philippines (AFP) to quell it.  Proclamation 427 pertinently reads: WHEREAS, under Section 18, Article VII of the present Constitution, whenever it becomes necessary, ... http://elegalforum.blogsome.com/2006/03/18/declaration-of-state-of-rebellion-a-legal-superfluity/ Corporations are no longer allowed to use “Metro Manila” as a principal place of business in the Articles of Incorporation (”AOI”), as provided under Memorandum Circular No. 3 (26 January 2006) of the Securities and Exchange Commission (SEC). Prior to this Circular, corporations located within Metro Manila usually indicate “Metro ... http://elegalforum.blogsome.com/2006/03/18/fixing-the-principal-place-of-business-metro-manila-no-longer-allowed/ With the increased media coverage this past months regarding businesses undergoing corporate rehabilitation (e.g., College Assurance Plan [CAP] and Pacific Plans, Inc. [PPI]), even the general pubic has started asking questions about corporate rehabilitation, a legal option that is available to distressed corporations. Philippine corporate rehabilitation, which is similar to ... http://elegalforum.blogsome.com/2006/03/18/corporate-rehabilitation-in-the-philippines/ The concept of networking, whether in the virtual or real world, is basically the same. The purposes may be different (e.g., professional, personal, business, dating), but the general concept is the same - to link people/entities for optimum utilization of resources. In the real world (and in this side of ... http://elegalforum.blogsome.com/2006/03/18/networking-multi-level-marketing/ Some people still have this misplaced confidence in the deterrent effect of Batas Pambansa (”B.P.“) Blg. 22, also known as the Bouncing Checks Law. Here are some things a layman should know: 1. The issuer is not automatically liable simply because the check “bounced”. A check generally “bounces” when ... http://elegalforum.blogsome.com/2006/03/18/bouncing-checks-bp-22-and-check-fraud/ Psychological incapacity, which a ground for annulment of marriage (which is different from divorce), contemplates downright incapacity or inability to take cognizance of and to assume the basic marital obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant spouse. Irreconcilable differences, ... http://elegalforum.blogsome.com/2006/03/18/psychological-incapacity-as-a-ground-for-anullment/