Interpretation in favor of smaller transmission of rights
Dear PAO, My parents were in a quandary because they thought that the document entitled “Bilihan ng Lupa” which they signed with Tino was a sale. However, the latter insists that it is an equitable mortgage. According to my parents, the document is a sale with a right to repurchase for three years, while Tino […]
Sale of mortgaged property to creditor per se is not prohibited
Dear PAO, Henry obtained a loan from me and furnished his house and lot as security for his debt. We also agreed that if he cannot pay his debt, we will execute a deed of absolute sale where he will sell his property to me, with his outstanding debt and interest forming part of the […]
Law enforcers can’t act solely on confidential, tipped information
Dear PAO,I have a question regarding the actions of the law enforcers toward me while I was riding a bus to Biñan, Laguna. They asked if I could open my bag for inspection. I hesitated because I was just traveling from work to home at the time. I am confused as to why they wanted […]
Consent of the victim of human trafficking is immaterial
Dear PAO, Sergio is my friend, and he was accused of illegal trafficking in persons. He narrated that the victim is a minor neighbor of his who asked him to look for clients interested in escort services. She offered her services for a fee. Allegedly, the victim knew that Sergio was working in a casino, […]
Nuisance per accidens cannot be summarily abated
Dear PAO, We currently live in a subdivision. Our neighbors parked their car outside their garage and have even built a mini basketball court on the road itself. Because of this, my neighbors and I are having difficulty passing through that road because of the obstructions. One evening, they even closed that particular part of […]
Employer does not want to give holiday pay
Dear PAO, I am currently working as an office secretary. I took a leave to return to our province in Mindoro on Dec. 27, 2024. However, my employer informed me that he would not give my holiday pay for Dec. 30, 2024, which is considered a regular holiday. I want to know if my employer […]
The concept of legitime | The Manila Times
Dear PAO, My father executed a last will and testament. He disposed of all of his properties in favor of his girlfriend. I read online that as his daughter, I am entitled to “legitime.” I want to understand the concept of legitime. Jess Dear Jess, According to Article 886 of the New Civil Code, legitime […]
Pregnancy cannot be used to terminate a flight attendant
Dear PAO, I have a question regarding my sister’s dismissal from her job as a flight attendant with an airline company here in the Philippines. She was dismissed solely because of her pregnancy. The company also denied her maternity leave, citing their policy. According to their policy, if a flight attendant becomes pregnant at any […]
Perpetual term of existing corporation
Dear PAO,I have a question regarding AAA Corp., where my mother works. They are concerned about the corporation’s term because the Securities and Exchange Commission (SEC) issued a certificate of incorporation on Nov. 1, 1974. Its Articles of Incorporation (AOI) provide that it shall have a term of 50 years, unless extended for a period […]
Managerial employees are not entitled to service charge
Dear PAO, I am working as a waiter in a restaurant. The restaurant imposes a 6 percent service charge based on the total bill of the customers. However, we observed that after the service charges were totaled, the employer divided it among the employees, including the managers. Is the employer right in giving the managers […]