When a corporation or partnership has been dissolved or whose registration has been revoked (“Expired Corporation”), the name of such Expired Corporation may no longer be used by any other entity.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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Crowdfunding: Disqualification of Issuer, Suspension or Revocation of Registration
Securities cannot be sold or offered for sale within the Philippines without a registration statement filed with and approved by the Securities and Exchange Commission (SEC). The SEC, however, may provide for certain exemptions, such as the sale of securities under the Crowdfunding Rules.
Continue readingWillful 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.
Continue readingDisease: 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.
Continue readingAnalogous 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.
Continue readingGross 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.
Continue readingSerious 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.
Continue readingInstallation 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.
Continue readingLoss 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.
Continue readingResponsibilities 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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