Liability of hotel management due to negligence
The Manila Times Online » Legal Advice
by Persida Acosta
1d ago
Dear PAO, Last weekend, my family and I stayed in a hotel. While we were sleeping, somebody entered our room, pointed a gun at me, took my laptop and wallet, and hurriedly left the room. I immediately called hotel security and was informed that they issued a keycard to someone who claimed to be my relative after showing an ID and confirming that we had the same last name. However, the hotel receptionist did not even call me in the room to verify. Can I hold the hotel management liable for the incident? Marcus Dear Marcus, Please be informed that Articles 2000, 2001, and 2002 of Republic Act (R ..read more
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Void agreements involving marriage
The Manila Times Online » Legal Advice
by Persida Acosta
1d ago
Dear PAO, My cousin and her husband have been married for 17 years, and they have three minor children. However, they are no longer together. Her husband now has a girlfriend, and my cousin has a lesbian partner. They "separated" because her husband cheated on her five times. Her husband wants to remarry and since they now have their own lives, they both agreed to live separately and even made an agreement before the barangay that they will now be terminating their marriage and declaring it as void or annulled. Is their waiver / compromise agreement valid? Cherry Dear Cherry, Please be informe ..read more
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Failure to appeal does not always result in violation of due process
The Manila Times Online » Legal Advice
by Persida Acosta
3d ago
Dear PAO, A private counsel represented me in a civil case involving a certain land. Unfortunately, we lost the case, and my counsel failed to inform me. Hence, no appeal was filed from the adverse decision rendered by the court, and the decision attained its finality. I have already terminated my lawyer's services and am looking for another lawyer. I spoke with one of my classmates, who is knowledgeable about court proceedings, and he told me that an appeal is the proper remedy. Allegedly, the failure of my former lawyer to file an appeal in a timely manner is tantamount to a violation of the ..read more
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Reason why qualified theft will fail if agrarian dispute or tenancy is established between the parties
The Manila Times Online » Legal Advice
by Persida Acosta
4d ago
Dear PAO, I had an arrangement with Lino that I will till his land and the harvest will be divided between us. This has been our setup for a decade until we had a dispute pertaining to the division of the harvest, which eventually led to his demand for me to vacate the property. When I did not heed his desire, he threatened to file a criminal case for qualified theft against me when I harvested the agricultural products from the land. One official of our barangay told me not to worry because the case will not prosper. According to him, we have an agrarian dispute as there exists a tenancy rela ..read more
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Arbitrary Detention
The Manila Times Online » Legal Advice
by Persida Acosta
5d ago
Dear PAO, I was driving along Alabang-Zapote Road when police officers flagged me for a defective headlight. I admitted my mistake and apologized to the apprehending police officers. However, the police officers accosted me and required me to go to the police station near the area. Upon arrival at the police station, I quickly offered my driver's license for the issuance of a citation ticket. Unfortunately, they prohibited me from going home and forced me to stay in the police station until dawn. Were the actions of the police officers legal under the law? Dexter Dear Dexter, To answer your qu ..read more
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Retrenchment and closure of business
The Manila Times Online » Legal Advice
by Persida Acosta
5d ago
Dear PAO, Can a company decide to unilaterally close? If the company claims that it is experiencing business losses, may it skip the requirement of notice and avoid the payment of separation pay? Emong Dear Emong, Please be informed of the Supreme Court's ruling in the case of Keng Hua Paper Products Co., Inc. and James Yu vs. Carlos E. Ainza, Primo dela Cruz, and Benjamin R. Gelicami, GR 224097, Feb. 22, 2023, Ponente: Associate Justice Rodil Zalameda, where it was provided that: "In Sanoh Fulton Phils., Inc. v. Bernardo, We explained Article 298 and emphasized that retrenchment to prevent lo ..read more
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When sickness is a ground for valid termination
The Manila Times Online » Legal Advice
by Persida Acosta
1w ago
Dear PAO, Last year, I was diagnosed with multi-drug-resistant tuberculosis. My doctor told me to slow down and get some rest because my body is quite weak. When I informed my employer about my current condition, he told me I would be terminated from work. Can I be legally terminated right away because of my condition? Alex Dear Alex, Please be informed of Article 299 of the Labor Code, which states that: "ARTICLE 299. Disease as Ground for Termination. – An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is ..read more
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Work shutdown falling on a holiday
The Manila Times Online » Legal Advice
by Persida Acosta
1w ago
Dear PAO, I work in a garment factory as a sales assistant. Our yearly inventory for two days was scheduled on Maundy Thursday and Good Friday, which are both regular holidays. I asked our management if we would still receive our holiday pay despite the shutdown, during which we were not required to work. However, the management replied that only the workers involved in the inventory would be paid their holiday pay and premium. Did the management violate the labor laws on such a policy? Charlotte Dear Charlotte, Please be informed of Sections 7 and 10, Rule IV, Book Three of the Omnibus Rules ..read more
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When the lessor refuses to make necessary repairs
The Manila Times Online » Legal Advice
by Persida Acosta
1w ago
Dear PAO, I have been leasing a house for almost a year now. I informed the owner that the drainage in the kitchen sink is not working. The clogged drainage causes puddles of water to form whenever we use it. We also need to put a large pail below the sink to catch the leaking water and prevent flooding inside the house. Despite this, the lessor still refuses to hire a plumber to fix the defective sink. Can I stop paying my monthly rent until the lessor repairs the kitchen sink? Bena Dear Bena, To answer your question, we shall refer to Article 1654, paragraph 2, of the New Civil Code of the P ..read more
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Conservation breeding
The Manila Times Online » Legal Advice
by Persida Acosta
1w ago
Dear PAO, I have been an animal lover for so long, and I have found a new love for watching documentaries regarding wildlife. I am just curious if we have a law regarding the breeding of threatened species of animals. Soka Dear Soka, Please be informed of Section 26 of Republic Act (RA) 9147, otherwise known as the Wildlife Resources Conservation and Protection Act, which states: "Section 24. Conservation Breeding or Propagation of Threatened Species shall be encouraged in order to enhance its population in its natural habitat. It shall be done simultaneously with the rehabilitation and/or pro ..read more
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