Illegally dismissed probationary employees entitled to back wages from time compensation is withheld to actual reinstatement, or until finality of court’s decision
Dear PAO, I was a probationary employee in a call center company. On my 5th month, the Human Resource Manager (HRM) called me to her office and informed me that I will not be regularized and that my employment will be terminated. I was shocked as I was never late, and my evaluations during my […]
Management prerogative in transferring employees
Dear PAO, Five (5) years ago, I was assigned as a sales agent in Mandaluyong City. I was one of the top-performing sales agents in our company. However, just recently, my supervisor told me that there is a high possibility that I will be transferred to Calauan, Laguna, because the sales performance in that particular […]
Exceptions to a 30-day notice for resignation
Dear PAO, I am currently working for X Company and I am planning to resign. I wanted to have my employment terminated immediately, but my co-worker insists that I should give a 30-day notice in advance to my employer because it is required by our company for the smooth turnover of work and to avoid […]
Family homes, when exempt from execution
Dear PAO, Last year, I obtained a favorable judgment in an illegal dismissal case that I filed against my former employer. The monetary award amounted to One Million Three Hundred Thousand Pesos (P1,300,000). However, by the time the writ of execution was issued and the sheriff had begun enforcing the same, my former employer had […]
Waiver of right against double jeopardy
Dear PAO, I have a friend who was charged with two counts of rape. He was acquitted of the first charge, but was convicted of the second. He appealed the case, but to our surprise, the High Court found him guilty of two counts of rape. Don’t we have a law which prohibits double jeopardy? […]
Ownership of a chain saw requires registration
Dear PAO, I am planning to buy a chain saw because I want to develop the land that I bought years ago, which is surrounded by many trees. I want to know if there are any legal requirements for owning a chain saw. Adrian Dear Adrian, We have a law regarding the regulation of ownership, […]
A joint will is prohibited
Dear PAO, During our marriage, my husband and I were not able to conceive a child. Fortunately, we still had the opportunity to experience parenthood with our niece. Since we are getting older, we are planning to execute a joint will instituting our niece and one of my nephews as our heirs. Can we execute […]
Links in the chain of custody of prohibited drugs
Dear PAO, My friend was apprehended for selling prohibited drugs. He confided to me that there is a possibility that the drugs confiscated from him might not be the same item presented in court because there were several operations conducted by the law enforcement agency that day, so he thinks that the pieces of evidence […]
Guilty spouse in bigamous marriage has no legal capacity to declare the marriage void
Dear PAO, After my marriage to Antonieta in 2002, I discovered that she was previously married to a foreign national in 2000, and her alien husband obtained a divorce only in 2003. Sadly, my relationship with Antonieta turned sour which eventually led to our separation. She is now living with someone else and bragging to […]
What does prejudicial question mean?
Dear PAO, In 2018, my wife and I purchased a land located in the south. However, it was only in 2020 when we managed to initiate the transfer of the title to our names, despite having paid for the property in full upon purchase. During that time, we found out that the property had already […]