Collection of agency fees by the company from non-bargaining union members
Dear PAO, I am an assembly worker at a manufacturing company in the Philippines. A few months ago, a collective bargaining agreement (CBA) was signed between the newly established union of workers and the company for the grant of salary increases and other benefits. Although I am not a member of the bargaining union, I […]
Elements of lascivious conduct against minors
Dear PAO, My nephew, who is a 15-year-old boy, came to me last night. He was distressed by what had happened to him. He narrated that a man pulled down his shorts and underwear and began putting the penis of my nephew in his mouth. Luckily, my nephew was able to forcibly open the car […]
Liability for pointing a gun at a minor
Dear PAO, The teenage son of my neighbor and his friends are always hanging around at night by the road in front of my house. Their unruly behavior disturbs my sleep. One night, I asked them to go home, but they just laughed and ignored me. In a fit of anger, I took my gun […]
Effect of failure to appear during mandatory conciliation and mediation conference
Dear PAO, I have a question about the mandatory conciliation and mediation conference set by a labor arbiter. My sister Jenny received a notice to attend this conference, but she was not able to attend it. The notice included two scheduled conferences; she plans to attend the second one. Are there any consequences for missing […]
Elements of insanity as an exempting circumstance
Dear PAO, My brother was attacked by his neighbor and could have died without timely medical intervention. A criminal case was filed, and the relatives of the accused claimed that he was insane. They presented a psychological evaluation conducted five months after the hacking incident. Allegedly, the defense of insanity would surely result in the […]
Easement of right of way
Dear PAO, What is meant by an easement of right of way? Can my private property be taken for public use under this easement, even if it completely deprives me of the use and enjoyment of my property? Danna Dear Danna, Our laws, specifically Articles 649 and 650 of Republic Act (RA) 386, otherwise known […]
Conciliation before the barangay lupon is mandatory
Dear PAO, I had a disagreement with my neighbor, and I would like to file a criminal case of unjust vexation against the said neighbor for hurling invectives at me. I immediately reported the same to the nearest police station, but the police officer on duty directed me to our barangay without explanation. Is the […]
Mathematical formula in connection with our Copyright Law
Dear PAO, May I know what the Copyright Law protects? Does it include the protection of a solution or the unlocking of a mathematical formula? Darlene Dear Darlene, To answer your queries, please allow me to lead your attention to our pertinent laws and jurisprudence. Succinctly, in FILSCAP v. Anrey Inc. (GR 233918, Aug. 9, […]
Exemption from solicitation permit of school infrastructure project
Dear PAO, I received a letter from my daughter’s school requesting a monetary donation to support the ongoing construction of a multi-purpose gymnasium in their campus. According to the letter, the gymnasium will be used for academic-related gatherings and social events for the students and faculty. Can the school conduct such a solicitation? I was […]
Property inherited during the marriage is excluded from the absolute community of property
Dear PAO, Pam and I got married in 2022. We do not have any pre-nuptial agreement regarding our properties. Unfortunately, my mother died in August 2023, and my father died in January 2024. My siblings and I inherited several parcels of land from our parents, which we divided equally since our parents did not leave […]