WHEREAS, under Republic Act (RA) No. 11469 or the Bayanihan to Heal as One Act, the President is authorized to direct the operation of establishments to carry out the declared national policy of mitigating the transmission of COVID-19;
Continue reading[The Executive Secretary, acting on behalf of the President, issued a Memorandum dated 22 May 2020, authorizing the release of the second tranche of SAP for more beneficiaries, and directing the creation of an online portal wherein the public can view the list of beneficiaries and assist in determining the propriety of the financial assistance. The full text of the Memorandum is reproduced below.]
Continue readingThere were discussions about a proposed law which seeks to penalize the refusal or failure of “any person” to pay “legal child support.” This refers to the proposed “Child Support Enforcement Act” (House Bill No. 6079 during the 16th Congress; House Bill No. 387 during the 17th Congress), which seeks to penalize the refusal or failure of “any person” to give legal child support without justifiable cause. While the proposed law covers “any person”, reading the provisions gives the impression that it basically threatens the father of the child with imprisonment in case of failure or refusal to give support.
Continue reading“Domestic partnership” can have two meanings under Philippine laws. It may refer to a domestic partnership in the context of corporations, or a domestic partnership in the context of marriage. The two concepts will be discussed below.
Continue readingOn 11 May 2020, the Land Transportation Office (LTO) issued the Implementing Rules and Regulations of the Motorcycle Crime Prevention Act (Republic Act No. 11235). The law/IRR is the subject of serious opposition from riders or motorcycle owners, but until the law/IRR is nullified by the court, or its implementation restrained, it is important to be aware of the pertinent provisions. Here are the salient points of the IRR:
Continue reading[This is a Memorandum issued by Quezon City, which is under a Modified Enhanced Community Quarantine (MECQ). It is addressed to the general public AND the local police force to avoid confusion as to implementation. It is clear, concise and very helpful. Hopefully other local government units (LGUs) have a similar directive to its local enforcers, consistent with the Revised Omnibus Guidelines issued by the IATF, particularly the portion on interzonal travel. The full text of the QC Memorandum is reproduced below.]
Continue readingThere are a number of holidays that fell or will fall within the community quarantine period. These holidays are the Araw ng Kagitingan (9 April 2020), Maundy Thursday (9 April 2020), Good Friday (10 April 2020), Black Saturday (11 April 2020), Labor Day (1 May 2020) and Eid’l Fitr or Ramadhan (24 May 2020). The next scheduled under Proclamation No. 845 is Independence Day (12 June 2020), which will most likely be covered by community quarantine.
Continue reading[The Department of Labor and Employment (DOLE) issued Labor Advisory No. 20, series of 2020, as guide for the computation of payment of holiday pay for 25 May 2020 (Eid’l Fitr or Feast of Ramadan). The payment of the holiday pay, however, is deferred until such time that the present emergency situation has been abated and the normal operations of the establishment is in place. The full text of Labor Advisory No. 20 is reproduced below.]
Continue readingThe 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]
Continue readingTermination 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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