Tag Archives: Philippines

Re-Registration of Name of Expired Corporations

When a corporation or partnership has been dissolved or whose registration has been revoked (“Expired Corporation”), the name of such Expired Corporation may no longer be used by any other entity. As an exception, however, another corporation may use such name if allowed at the time of the dissolution or revocation by the stockholders, members or partners who represent a majority of the outstanding capital stock or membership of of the Expired Corporation. 

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Willful Disobedience: Just Cause in Employment Termination

Article 297(a) of the Labor Code covers two just causes, serious misconduct and willful disobedience (the former ground is discussed in a separate post). Employees in the Philippines enjoy security of tenure. Under the Labor Code, no employee may be terminated or dismissed, except for just or authorized causes. The employer has the burden of proving, among others, that the facts support the elements of the cause used by the company to justify the employment termination. Each ground has specific elements. It is important, therefore, for management, or at least the HR staff, to be familiar with these factors. 

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Disease: Authorized Cause in Employment Termination

Employees in the Philippines enjoy security of tenure. Under the Labor Code, no employee may be terminated or dismissed, except for just or authorized causes. The employer has the burden of proving, among others, that the facts support the elements of the cause used by the company to justify the employment termination. Each ground has specific elements. It is important, therefore, for management, or at least the HR staff, to be familiar with these factors. 

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Analogous Causes: Just Cause in Employment Termination

Employees in the Philippines enjoy security of tenure. Under the Labor Code, no employee may be terminated or dismissed, except for just or authorized causes. The employer has the burden of proving, among others, that the facts support the elements of the cause used by the company to justify the employment termination. Each ground has specific elements. It is important, therefore, for management, or at least the HR staff, to be familiar with these factors. 

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Gross and Habitual Neglect of Duties: Just Cause in Employment Termination

Gross and habitual neglect is considered a just cause for dismissing an employee under Article 297(b) of the Labor Code. Under the Labor Code, no employee may be terminated or dismissed, except for just or authorized causes. The employer has the burden of proving, among others, that the facts support the elements of the cause used by the company to justify the employment termination. Each ground has specific elements. It is important, therefore, for management, or at least the HR staff, to be familiar with these factors. 

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Serious Misconduct: Just Cause in Employment Termination

An employer may terminate an employment for serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work. Employees in the Philippines enjoy security of tenure. Under the Labor Code, no employee may be terminated or dismissed, except for just or authorized causes. The employer has the burden of proving, among others, that the facts support the elements of the cause used by the company to justify the employment termination. Each ground has specific elements. It is important, therefore, for management, or at least the HR staff, to be familiar with these factors. 

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Installation of Labor-saving Devices: Authorized Cause in Employment Termination

Employees in the Philippines enjoy security of tenure. Under the Labor Code, no employee may be terminated or dismissed, except for just or authorized causes. The employer has the burden of proving, among others, that the facts support the elements of the cause used by the company to justify the employment termination. Each ground has specific elements. It is important, therefore, for management, or at least the HR staff, to be familiar with these factors. 

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Loss of trust and confidence: Just Cause in Employment Termination

Article 297(c) of the Labor Code prescribes two separate and distinct grounds for termination of employment, to wit: (1) fraud; or (2) willful breach by the employee of the trust reposed in him by his employer or duly authorized representative. Fraud is discussed in a separate post. This discussion only tackles loss of trust and confidence. 

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Responsibilities of the Court concerning Children in Conflict with the Law

All officers handling the child in conflict with the law, including law enforcement officers and social workers, have specific duties and responsibilities (see also Primer on the 2019 Supreme Court Revised Rule on Children in Conflict with the Law). The court handling the case also has responsibilities. For the protection of the rights of the child in the conflict with the law, the court shall have the following responsibilities: 

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