Conditions to be entitled to receive overtime pay
Dear PAO, Prior to my resignation, I worked at a domestic shipping company involved in the delivery of consignments from Metro Manila to different parts of the Philippines. I would like to know if I can receive overtime pay since I stayed in the cargo vessel for at least three months whenever I am called […]
Legal remedies against a lessor’s failure to make necessary repairs
Dear PAO: I have been leasing a bungalow house for nine months. Unfortunately, the kitchen sink is not draining properly, causing puddles of water to form inside the house. I informed my landlord about this, but he has not taken action to resolve it and has ignored my calls and text messages. I’m concerned about […]
Elements of grave threats | The Manila Times
Dear PAO, I recently had a misunderstanding with my neighbor and intentionally avoided him to prevent further confrontations. Unfortunately, we accidentally bumped into each other while walking in our barangay. He was very angry and shouted at me when he saw me. Before parting ways, he uttered, “Talagang nagpakita ka pa sa akin, papatayin kita!” […]
Separation pay is not awarded to employees who commit grave misconduct
Dear PAO, My uncle is employed by a prestigious corporation. Due to a business recession, the company retrenched a part of its workforce. In opposition to the retrenchment, some of its employees, including my uncle, staged a strike. Meanwhile, the government found the retrenchment to be justified but declared the strike to be illegal. As […]
Quitclaim should not be contrary to law
Dear PAO, I lost my job because my employer closed our company. I was required to sign a quitclaim before they released my final pay as an employee. I had no choice but to sign it since I needed to pay my children’s tuition and monthly bills. Can I still file a monetary claim against […]
How conspiracy is established | The Manila Times
Dear PAO, I’ve seen and heard in the news that in some crimes, there are several suspects or alleged perpetrators of a purported crime. In many of these situations, the word “conspiracy” is often mentioned. In line with such, I find conspiracy as a state of the “mind” kind of thing. Given this general description […]
An aggrieved party has no absolute freedom to seek direct recourse before the highest court
Dear PAO, I was informed that a decision in a civil action for small claim is not appealable, and the possible remedy is to file a petition for certiorari. Assuming I will avail of said legal remedy, can I file it directly with the Supreme Court? Thanos Dear Thanos, Small claims are governed by AM […]
Burial desire of the deceased
Dear PAO, My father was a widower when he found solace with Julia, with whom he lived together until his demise. In my visit to the hospital where he was bedridden for several days prior to his demise, he reiterated his desire to be buried in his birthplace or near his parents. I mentioned this […]
Money claims must be filed against the estate of the decedent
Dear PAO, Elias was indebted to me for a certain amount of money. He failed to pay his debt prior to his demise. I talked to one of his children and he told me that they are willing to settle the obligation of their father. However, I was told to file my claim in the […]
Absence of marriage license | The Manila Times
Dear PAO, May I know the effect of, in so far as the validity of a marriage, the absence of a marriage license? Jen Dear Jen, To answer your question, allow me to lead your attention to our pertinent laws and jurisprudence. In this regard, the following provisions of Executive Order 209, otherwise known as […]