Category: Articles
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Burden of Proof in Labor Claims and Statutory Benefits: A Comprehensive Guide for Employees and Employers
The “He Said, She Said” of Workplace Disputes An employee claims unpaid overtime every day for a year. The employer insists they already paid it. In this battle of “he said, she said,” who does the law believe? In the Philippines, the outcome often hinges on the Burden of Proof. This is the duty to…
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Burden of Proof in Labor Claims and Statutory Benefits: A Comprehensive Guide for Employees and Employers
The “He Said, She Said” of Workplace Disputes Imagine this common scenario: An employee files a complaint claiming they worked overtime every single day for the past year without pay. The employer, on the other hand, insists that the employee went home on time and, furthermore, claims that the employee’s 13th-month pay was already given…
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From Possession to Ownership: A Guide to Registering Untitled Lots in the Philippines
Imagine a parcel of land that has been in a family for generations. Grandparents tilled the soil before World War II, parents built a modest ancestral home on it, and the current generation continues to pay the real property taxes religiously every year. To the community, there is no doubt who owns the land. Yet,…
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A Complete Guide to Annulment in the Philippines: Process, Requirements, Timeline, and Costs
I. Introduction: The Reality of Marriage Dissolution in the Philippines Some marriages aren’t meant to last forever. In fact, the law may even recognize that certain marriages should never have existed in the first place. Married life can be challenging, and it becomes even more difficult when the relationship began under unhealthy circumstances such as…
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BILL OF RIGHTS
BILL OF RIGHTS PRELIMINARIES Government Power vs. Individual Freedom 1. Among the changes brought about by the Period of Enlightenment was the shift of power from the crown to the individual. The long reign of monarchs came to an end, and the rule of the people became the standard. The government, while still the repository…
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From Catcalls to Cyberstalking: Understanding Your Rights Under the Safe Spaces Act
Imagine Maya, a young professional. On her walk to the bus stop, a stranger whistles and shouts, “Hi, sexy!”. She ignores it and keeps walking, but her heart is pounding. At the office, a co-worker has a habit of “accidentally” brushing against her in the pantry and making “sexist” jokes during team meetings that make…
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How much does the entire Nullity/Annulment process cost? What is the cost breakdown?
Item Fee/Amount Range Remarks Attorney’s Fees 100,000 – 450,000+ Based on standard practice Court Filing Fees 5,000 – 10,000+ Set by Supreme Court; fee may vary depending on property included Psychological Evaluation 18,000 – 50,000+ Professional Fee of psychiatrist or psychologist Publication (if required) 5,000 – 35,000+ For summons by publication Miscellaneous/Incidental expenses 5,000 –…
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How to File an Illegal Dismissal Case Before the NLRC: A Step-by-Step Guide
Sudden Job Loss Imagine Joel, a garment worker whose ID says he belongs to an “agency” or “cooperative.” Every day, he follows the brand factory’s supervisors, uses their machines, and keeps a regular shift like the factory’s own staff. One Monday, the guard stops him at the gate. HR says the agency’s “service contract expired,”…
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What is Illegal Dismissal? Understanding Your Rights When You’re Fired Without Due Process
Illegal dismissal happens when an employer ends your job without a valid reason or without following due process. It also occurs when an employee is forced to quit because continued work has become impossible, unreasonable, or intolerable. What Does Illegal Dismissal Look Like? Imagine this: Juan worked as a cashier in a large retail chain…
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