Author Archives: Atty.Fred

About Atty.Fred

Atty. Fred Pamaos is a member of P&L Law (click on photo/name for profile). No legal advice is given in this forum. For other questions, use the "Contact Us" link.

Twin-Notice Rule and Procedural Requirements in Employment Termination Proceedings

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Due process, in relation to employment termination proceedings, is composed of two aspects. One, there must be a just or authorized cause for the dismissal or any administrative disciplinary acton (substantive due process). Two, the requirements of procedural due process must be complied with. The separate procedural due process requirements for just causes and authorized causes for employment termination are discussed below.

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When Travel Pass is Needed for Interzonal Travel during Community Quarantine

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From day one of the quarantine, we have always maintained that it is way much better to reduce the quarantine-related rules in black and white to avoid confusion. The general guidelines are set forth in the Inter-Agency Task Force for Emerging Infectious Diseases (IATF) revised Omnibus Guidelines on the Implementation of Community Quarantine in the Philippines. There are, however, a lot of gray areas that caused, and will continue to cause, confusion. 

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Can Companies Compel Employees to Work during the General Community Quarantine (GCQ) and Impose Disciplinary Sanctions

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The national government has relaxed the community quarantine in the Philippines, lifting the Enhanced Community Quarantine (ECQ) and Modified Enhanced Community Quarantine (MECQ) in most areas, shifting to the less restrictive General Community Quarantine (GCQ) starting 1 June 2020. The shift to GCQ raises one possible issue: can employers compel employees to work and, in case of refusal by employees to work by reason of fear of the coronavirus disease 2019 (COVID-19), impose disciplinary actions, including dismissal?

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Foreigner-Spouse May File a Case in the Philippines to Recognize a Foreign Judgment Voiding a Marriage by Reason of Bigamy

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The interplay of relationships in matters pertaining to marriage may result to challenges in enforcing rights in Philippine courts. In mixed marriages, wherein one of the spouses is a Philippine citizen and the other spouse is a foreigner, the Filipino spouse can file the appropriate petition in Philippine courts to have the foreign divorce decree recognized in the Philippines. This course of action is necessary to enable the Filipino to remarry; otherwise, the Filipino may be charged with bigamy. The alien spouse can remarry, pursuant to his/her national law, by reason of the divorce. [See also Mixed Marriages and Divorce]

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Prohibition on Labor-only Contracting and Other Unlawful Employment Arrangements in the Philippines

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The law does not prohibit all forms of contracting or subcontracting. Legitimate contracting or subcontracting is allowed under the Labor Code, as implemented under Department Order No. 174, series of 2017, issued by the Department of Labor and Employment (DOLE). What the law prohibits is labor-only contracting and other illicit employment arrangements. [See Contracting and subcontracting allowed in the Philippines]

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Reducing Wages/Salaries during the Lockdown or Community Quarantine Period

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Termination of employees should be the last course of action, this much is clear from the series of Labor Advisories issued by the Department of Labor and Employment (DOLE). Businesses and other establishments are strongly encouraged to explore alternative work schemes or flexible work arrangements for employees. The message is clear (and admirable) – it is better for employees to receive reduced wages and salaries, rather than receive nothing at all. 

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Employment Preservation, Alternative Work Schemes, Flexible Work Arrangements, Wage and Benefits on Resumption of Business Operations

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The Department of Labor and Employment (DOLE) issued Labor Advisory No. 17, series of 2020, providing for Guidelines on Employment Preservation Upon the Resumption of Business Operation. The Advisory applies to all employers and their employees regardless of employment status in the private sector operating or allowed to resume business operations under enhanced community quarantine (ECQ), general community quarantine (GCQ), or other quarantine arrangements.

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Procedure in Annulment of Marriage and Declaration of Nullity of Marriage in the Philippines

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The procedure provided under the Rules on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages is discussed below. Note that a petition for “annulment” refers to voidable marriages, which are valid until annulled by the court, while a petition for “declaration of nullity” refers to marriages that are considered void or inexistent from the very beginning. There are other differences, e.g., legitimate status of children, property relations between the spouses, prescription and ratification (for the procedure in legal separation, see Steps/Procedure in Legal Separation Cases). For convenience, we may refer to both petitions as “annulment”.

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Retrenchment or Downsizing: Authorized Cause in Employment Termination

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Retrenchment refers to the economic ground for dismissing employees and is resorted to primarily to avoid or minimize business losses. Like redundancy, it is a form of downsizing. Retrenchment and redundancy are valid management prerogatives, provided they are done in good faith and the employer faithfully complies with the substantive and procedural requirements laid down by law and jurisprudence.

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