Regular Employee Defined: (1) those who are engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer; and (2) those who have rendered at least one year of service, whether continuous or broken, with respect to the activity in which they […]
Howard
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Field Personnel Defined Field personnel are those who regularly perform their duties away from the principal place of business of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty. ** Definition from Far East vs Uy.
Definition of Service Incentive Leave Service incentive leave is a right which accrues to every employee who has served within 12 months, whether continuous or broken reckoned from the date the employee started working, including authorized absences and paid regular holidays unless the working days in the establishment as a […]
No. A complaint presented by a private person when not sworn to by him is not necessarily void. The want of an oath is a mere defect of form which does not affect the substantial rights of the defendant on the merits.
1. To afford adequate protection to constitutional rights of the accused 2. When necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions 3. Where there is a prejudicial question which is subjudice 4. When the acts of the officer are without or in excess […]
No. Public interest requires that criminal acts must be immediately investigated and prosecuted for the protection of society.
No, a criminal action cannot lie against a juridical person. It the corporation violates the law, the officer, through whom the corporation acts, answers criminally for his acts.
No. The right to file a criminal action is personal and abates upon the death of the offended party. It is not transmissible to the heirs.
The offended party is the person actually injured or whose feeling is offended. He is the one to whom the offender is also civilly liable under Article 100 of the Revised Penal Code of the Philippines.
G.R. NO. 145271 – 501 Phil. 621 – 463 SCRA 331 – Labor Law – Labor Standards – Indirect Employer – Labor Only Agency Rogelio Benamira et al were security guards who worked for PSI (People’s Security, Inc.). PSI was the security agency contracted by MERALCO (Manila Electric Company). The […]
G.R. No. 176484 – 592 Phil. 318 – 571 SCRA 585 – Labor Law – Labor Relations – Labor Standards – Strike – Managerial Employees – Power of Control – Illegal Dismissal Ronaldo Lanzanas and Merceditha Lanzanas are doctors employed by Calamba Medical Center, Inc. They are given a retainer’s […]
G.R. No. 154380 – 509 Phil. 108 – 472 SCRA 114 – Civil Law – Family Code – Article 26 of the Family Code – Divorce On May 24, 1981, Cipriano Orbecido III married Lady Myros M. Villanueva at the United Church of Christ in the Philippines in Lam-an, Ozamis […]
G.R. No. 133743; G.R. No. 134029 – 543 Phil. 275 – 514 SCRA 294 – Civil Law – Family Code – Retroactive Effect of Article 26 of the Family Code During his lifetime, Felicisimo San Luis (Rodolfo San Luis’s dad) contracted three marriages. His first marriage was with Virginia Sulit […]
A.M. No. MTJ-96-1088 – 259 SCRA 129 – Civil Law – Family Code – Law on Marriage – Presumptive Death; Absent Spouse – A lower court judge cannot solemnize marriage outside his jurisdiction Rodolfo Navarro was the Municipal Mayor of Dapa, Surigao del Norte. He submitted evidence in relation to […]
G.R. No. 160172 – 568 Phil. 724 – 545 SCRA 162 – Civil Law – Family Code – Marriages; Void ab initio marriages Reinel and Annabelle met and became sweethearts in 1991. They applied for a marriage license in Pasig City in September 1994. They had their first sexual relation […]
G.R. No. 150758 – 423 SCRA 272 (467 Phil. 723) – Civil Law – Family Code – Bigamy – Exists even if one marriage is declared void Veronico Tenebro contracted marriage with Leticia Ancajas in 1990. The two lived together continuously and without interruption until the later part of 1991, […]