Management prerogative refers to every employer’s inherent right to regulate, according to his own discretion and judgment, all aspects of employment, including hiring, work assignments, working methods, the time, place and manner of work, work supervision, transfer of employees, lay-off of workers, and discipline, dismissal, and recall of employees.
When the President announced stricter quarantine measures in the National Capital Region and its nearby provinces last March, people were mandated to observe strict home quarantine thereby restricting movement to accessing essential goods and services. The stricter quarantine measure also meant the limitation of work to permitted industries resulting in an unexpected halt of wages to most.
In 10 November 2020, the Supreme Court en banc promulgated its decision in Gomez v. People, effectively reshaping the tides of judicial policy. In Gomez, the Supreme Court discussed whether the absence of the City Prosecutor’s signature and approval in an Information constitutes a jurisdictional defect that may be raised as a ground for its quashal at any stage of the proceedings.
Perhaps never in the history of the Philippines have we been made to provide personal information as frequently as during this pandemic. Almost everywhere we go, we are required to have our contact tracing apps scanned or we may have to manually fill in some logbook or contact tracing sheets and provide our age, place of residence, e-mail address, contact number, and health and travel information.
It has always been the policy of the Philippines to prioritize the welfare of Filipino workers in the country. Following the mandate of the Labor Code of the Philippines, employers may only engage the services of a non-resident alien upon a determination that there is no Filipino who is competent, able, and willing to perform the services for which the foreign national is desired.
Over the past decade, we have seen the democratization of content creation as social media outfits like Facebook, YouTube, Instagram, and Twitter provide artists, vloggers, influencers, and content creators platforms to express themselves and build personal brands. Accordingly, as more and more consumers began seeking authenticity in the products and services they purchase, the advertising industry gravitated towards collaborating with content creators in marketing brands, giving birth to the era of influencer marketing.
On May 13, 2018, the nation mourned the loss of one of the greatest statesmen to have served the country: Sen. Edgardo J. Angara.
In the past, it was thought that only simple jobs could be replaced by technology. However, with the onset of artificial intelligence (AI), even work which requires legal analysis is about to face stiff competition.
After years of uncertainty, the Supreme Court (SC) finally laid to rest whether the Department of Justice, through its chief, may issue hold departure orders (HDOs) and watchlist orders (“WLOs”) to prevent people under investigation from leaving the country.
With the recent progress of House Bills 6027 and 6595, more popularly known as the divorce bill and same-sex marriage bill, respectively, proponents say the Philippines is set to finally join the ranks of countries that have modernized their laws on marriage and family relations.
Perjury is one of the vilest crimes that one can commit. With the stroke of a pen or slip of the tongue, it can ruin a man’s reputation, or worse, send him to a detention cell or prison.
Just a few days after it took effect, the Tax Reform for Acceleration and Inclusion (TRAIN) law has set off more than just a few alarms. In addition to allegations it was procedurally infirm (there is a pending case in the Supreme Court challenging it), TRAIN has been criticized as being antipoor.
ACCRALAW contributed to the Legal 500’s 2021 Country Comparative Guide for Litigation. The Guide provided an overview of the rules of procedure governing commercial litigation in the Philippines, the enforcement of foreign judgments, collective redress mechanisms, and the impact of the COVID-19 pandemic on commercial litigation.
Written in question and answer format, the Legal 500 Country Comparative Guide on Public Procurement provides an overview of public procurement procedures in various jurisdictions worldwide. The Firm’s Melissa G. Velarde, Maria Angeline L. Tayag, Michael Ryan Natividad, and Zyra Frances P. Aquilizan co-authored the Philippine chapter of the Guide.
ACCRALAW contributed the responses for the Philippines to Littler’s quick guide on the applicable COVID-19 restrictions in the Asia-Pacific region. Its guide is entitled “Littler’s APAC At a Glance: COVID-Related Restrictions”. The summary aims to “provide multinational employers with a quick reference of new COVID-related developments.”
ACCRALAW contributed the Philippine chapter of Lending & Secured Finance published by The Legal 500. The guide aims to provide foreign lenders a concise summary of the important laws and regulations in different jurisdictions. Senior Partner Judy Hao, Partners Chrysilla Carissa P. Bautista and Eric R. Recalde wrote the chapter.
CREATE (Corporate Recovery and Tax Incentives for Enterprises Act) has been certified for immediate passage by March 9. It is up to Congress to meet this deadline.
Why the rush? The deadline is set in March when most companies finalize their financial statements and tax returns for the previous year. If the deadline is met, companies will be able to revise their corporate tax payable downwards before they are required to pay them in April.
The Chambers International Arbitration 2020 Guide offers “expert legal commentary on tribunals, preliminary and interim relief, collection and submission of evidence, confidentiality, types of remedies, class actions, the New York Convention, and grounds for appeal and enforcement” in over 47 jurisdictions. The chapter on the Philippines was contributed by ACCRALAW.