Lawful termination of employment due to disease
Dear PAO, My previous employer terminated my employment after our annual physical examination. In the termination notice, it was stated that the company had decided to end my employment because I was medically unfit to perform my assigned duties. They attached a medical certificate, signed by the company physician, stating that I am suffering from […]
Falsified Special Power of Attorney (SPA) is void and produces no legal effect
Dear PAO, I am one of the heirs of my father, who owned several properties. After his death, we discovered that a Special Power of Attorney (SPA) was granted to a certain individual, authorizing said person to sell and mortgage his properties. However, upon further investigation, we found that the SPA was dated after his […]
A buyer paying off a seller’s outstanding bank loan
Dear PAO, I am writing to seek your guidance on a matter related to the sale of my house and lot, which is currently mortgaged to a bank. A buyer has offered to purchase the property and has proposed an unconventional payment arrangement that I would like to verify with your office. The buyer, a […]
Mandatory retirement pay for private sector employees
Dear PAO, I have been working with a private establishment for 25 years now. I am planning to retire next year upon reaching the age of 60. May I know if I am entitled to a retirement pay from my employer, apart from the SSS pension? Augusto Dear Augusto, The answer to your query can […]
Acknowledgment of an illegitimate child in last will
Dear PAO, I am the illegitimate child of my father, Anton. In 2018, he executed a last will and testament wherein he made several dispositions and he also indicated therein that he acknowledges me as his illegitimate child. However, in 2019, he made another will expressly revoking his 2018 will. When my father died in […]
A person shall use his/her registered name
Dear PAO, Nowadays, no one will give importance to you if you do not have an educational title. I am not a lawyer but they call me “Atty. Y” in our barangay because of my God-given skills in communicating and arguing. I am planning to adopt the said name and I intend to sign all […]
Laws protecting real estate buyers
Dear PAO, I entered into a contract with a subdivision developer for the purchase of a house and lot. I started paying my monthly amortizations about six years ago, but I decided to withhold payment last year because the developer is taking too long to construct and finish my house. I have also grown exasperated […]
Community service a mere privilege and not right of accused
Dear PAO, I filed a criminal case against Motit which was decided in my favor and he was penalized for arresto mayor. Now, he is claiming that he will not go to prison because he will ask the court for community service in lieu of imprisonment. He even bragged that the said community service is […]
Production of supporting documents in the issuance of a search warrant
Dear PAO, My son was arrested when several police officers implemented a search warrant in his house and allegedly found prohibited drugs and drug paraphernalia. We recently discovered that the supporting documents for the search warrant were not part of the court records. The court reasoned that they needed to protect the identities of the […]
What is needed in order for a native title to prevail?
Dear PAO, Adjacent to our barangay is a vast barren land. A few months ago, I observed that a number of individuals who claim to be members of an indigenous group occupied the said land. A certain Mark who belongs to the same group even built a tomb. He made it appear that the same […]