DVD Law

The Supreme Court has ruled that benefits arising from a seafarer’s death under the Philippine Overseas Employment Administration contract should be awarded only to the surviving legitimate spouse, despite being long estranged from the seafarer, alongside the seafarer’s legitimate and illegitimate children.

Read more at: https://sc.judiciary.gov.ph/sc-only-legal-spouse-children-may-receive-seafarer-death-benefits/

❤️

HFD to all fathers and father figures! 🍻

The Supreme Court has nullified a set of quitclaims after finding that the employer tricked its employees into signing them.

Read more at: https://sc.judiciary.gov.ph/sc-voids-quitclaims-due-to-employers-use-of-deceit/

The Supreme Court has invalidated a regulation from the Bureau of Internal Revenue that requires self-employed professionals to submit their rates and register appointment books to monitor their tax compliance.

Read more at: https://sc.judiciary.gov.ph/sc-requiring-professionals-to-submit-appointment-books-to-monitor-tax-compliance-violates-right-to-privacy/

The Supreme Court has affirmed the conviction of an accused for robbery for demanding money from his ex-girlfriend in exchange for deleting her n**e photos posted on Facebook.

READ: https://sc.judiciary.gov.ph/sc-affirms-imprisonment-of-accused-for-demanding-money-in-exchange-for-deletion-of-ex-girlfriends-n**e-photos/

February 9, 2024 is declared as a Special (Non-Working) Day

𝐏𝐑𝐎𝐂𝐋𝐀𝐌𝐀𝐓𝐈𝐎𝐍 𝐍𝐎. 𝟒𝟓𝟑, 𝐬. 𝟐𝟎𝟐𝟒

𝐃𝐄𝐂𝐋𝐀𝐑𝐈𝐍𝐆 𝐅𝐑𝐈𝐃𝐀𝐘, 𝟎𝟗 𝐅𝐄𝐁𝐑𝐔𝐀𝐑𝐘 𝟐𝟎𝟐𝟒, 𝐀 𝐒𝐏𝐄𝐂𝐈𝐀𝐋 (𝐍𝐎𝐍-𝐖𝐎𝐑𝐊𝐈𝐍𝐆) 𝐃𝐀𝐘 𝐓𝐇𝐑𝐎𝐔𝐆𝐇𝐎𝐔𝐓 𝐓𝐇𝐄 𝐂𝐎𝐔𝐍𝐓𝐑𝐘

Visit the Official Gazette website: https://www.officialgazette.gov.ph/nGxQ0M

This is it. Good luck, future lawyers! ⚖️

📢 Notice Re: 2023 Bar Results

The Office of the 2023 Bar Chair announced that the Results will be released via public announcement on December 5, 2023 (Tuesday).

Please rely exclusively on the official communication channels, and remain vigilant against misinformation and disinformation.

READ the Notice in full at https://sc.judiciary.gov.ph/wp-content/uploads/2023/11/NoticeResults.pdf.

13th month pay computation

Another case filed against our client DISMISSED. 🥳

𝐋𝐎𝐎𝐊: 𝐏𝐀𝐘𝐌𝐄𝐍𝐓 𝐎𝐅 𝐖𝐀𝐆𝐄𝐒 𝐎𝐍 𝐎𝐂𝐓𝐎𝐁𝐄𝐑 𝟑𝟎, 𝐍𝐎𝐕𝐄𝐌𝐁𝐄𝐑 𝟎𝟏, 𝐀𝐍𝐃 𝐍𝐎𝐕𝐄𝐌𝐁𝐄𝐑 𝟎𝟐 (𝐒𝐏𝐄𝐂𝐈𝐀𝐋 𝐍𝐎𝐍-𝐖𝐎𝐑𝐊𝐈𝐍𝐆) 𝐃𝐀𝐘𝐒

Pursuant to Proclamation No. 359, series of 2023, Malacañang declares October 30, 2023 as a special (non-working) day in line with this year’s Barangay and Sangguniang Kabataan Elections. Meanwhile, Proclamation No. 90, Series of 2022, also declares November 1 and 2, 2023 as special (non-working) days.

The Department of Labor and Employment (DOLE) reminds private sector employers and workers of the proper payment of wages on the said day.

For more details on the pay rules, visit the link below:

https://www.dole.gov.ph/news/labor-advisory-no-24-23-payment-of-wages-for-the-special-non-working-days-on-october-30-2023-november-1-and-2-2023-and-regular-holiday-on-november-27-2023/

New Minimum Wage in Cagayan Valley

𝐋𝐎𝐎𝐊: 𝐍𝐞𝐰 𝐦𝐢𝐧𝐢𝐦𝐮𝐦 𝐰𝐚𝐠𝐞 𝐫𝐚𝐭𝐞𝐬 𝐟𝐨𝐫 𝐰𝐨𝐫𝐤𝐞𝐫𝐬 𝐢𝐧 𝐂𝐚𝐠𝐚𝐲𝐚𝐧 𝐕𝐚𝐥𝐥𝐞𝐲 𝐞𝐟𝐟𝐞𝐜𝐭𝐢𝐯𝐞 𝐎𝐜𝐭𝐨𝐛𝐞𝐫 𝟏𝟔, 𝟐𝟎𝟐𝟑.

𝐅𝐮𝐥𝐥 𝐬𝐭𝐨𝐫𝐲: https://www.dole.gov.ph/news/new-minimum-wage-orders-issued-in-cagayan-valley-central-luzon-soccsksargen/?fbclid=IwAR04E7RYLdIVvtxxN0dS71wTis14SphC34-AFeT_JLcSjbaunMqNUTBRW5A

𝐒𝐨𝐮𝐫𝐜𝐞: National Wages and Productivity Commission

New Wage Increase in Region III

𝐋𝐎𝐎𝐊: 𝐍𝐞𝐰 𝐦𝐢𝐧𝐢𝐦𝐮𝐦 𝐰𝐚𝐠𝐞 𝐫𝐚𝐭𝐞𝐬 𝐟𝐨𝐫 𝐰𝐨𝐫𝐤𝐞𝐫𝐬 𝐢𝐧 𝐂𝐞𝐧𝐭𝐫𝐚𝐥 𝐋𝐮𝐳𝐨𝐧 𝐞𝐟𝐟𝐞𝐜𝐭𝐢𝐯𝐞 𝐎𝐜𝐭𝐨𝐛𝐞𝐫 𝟏𝟔, 𝟐𝟎𝟐𝟑.

𝐅𝐮𝐥𝐥 𝐬𝐭𝐨𝐫𝐲: https://www.dole.gov.ph/.../new-minimum-wage-orders.../...

𝐒𝐨𝐮𝐫𝐜𝐞: National Wages and Productivity Commission

Pursuant to Proclamation No. 90, s. 2022, Malacañang declares 21 August 2023 as a special (non-working) holiday in commemoration of Ninoy Aquino Day.

Tax Amnesty Act has lapsed into law, extending the period to avail the benefits of the estate tax amnesty until 14 June 2025.

New legal tender limit for coins.

Itinaas ng Bangko Sentral ng Pilipinas (BSP) ang halaga ng mga baryang maaaring gamiting pambayad sa isang transaksyon (o legal tender limit) alinsunod sa BSP Circular No. 1162, Series of 2022. Ito ay para mas mapalaganap ang pag-ikot ng barya sa sirkulasyon.

Maaari ka nang magbayad hanggang PHP2,000.00 kada isang transaksyon gamit ang mga baryang 1-, 5-, 10- at 20-Piso; at hanggang PHP200.00 kada isang transaksyon gamit ang mga baryang 1-, 5-, 10- at 25-Sentimo.

Maaaring gamitin at tanggapin ang mga barya sa halagang mas mataas sa itinakdang limitasyon ng circular kapag ito ay napagkasunduan ng kapwa binabayaran at nagbabayad.

Gamitin at tanggapin ang mga barya bilang pambayad sa mga transaksyon.

Basahin ang public advisory dito: https://bit.ly/3pSKA6J

Makikita ang BSP Circular No. 1162, Series of 2022 dito: https://bit.ly/BSP_Cir1162s2022

No work in government offices in Metro Manila on 24 July 2023.

𝐌𝐄𝐌𝐎𝐑𝐀𝐍𝐃𝐔𝐌 𝐂𝐈𝐑𝐂𝐔𝐋𝐀𝐑 𝐍𝐎. 𝟐𝟓, 𝐬. 𝟐𝟎𝟐𝟑
Signed on 21 July 2023

𝐒𝐔𝐒𝐏𝐄𝐍𝐒𝐈𝐎𝐍 𝐎𝐅 𝐆𝐎𝐕𝐄𝐑𝐍𝐌𝐄𝐍𝐓 𝐎𝐅𝐅𝐈𝐂𝐄𝐒 𝐀𝐍𝐃 𝐂𝐋𝐀𝐒𝐒𝐄𝐒 𝐈𝐍 𝐏𝐔𝐁𝐋𝐈𝐂 𝐒𝐂𝐇𝐎𝐎𝐋𝐒 𝐀𝐓 𝐀𝐋𝐋 𝐋𝐄𝐕𝐄𝐋𝐒 𝐈𝐍 𝐓𝐇𝐄 𝐍𝐀𝐓𝐈𝐎𝐍𝐀𝐋 𝐂𝐀𝐏𝐈𝐓𝐀𝐋 𝐑𝐄𝐆𝐈𝐎𝐍 𝐎𝐍 𝟐𝟒 𝐉𝐔𝐋𝐘 𝟐𝟎𝟐𝟑 𝐃𝐔𝐄 𝐓𝐎 𝐓𝐘𝐏𝐇𝐎𝐎𝐍 “𝐄𝐆𝐀𝐘” 𝐀𝐍𝐃 𝐓𝐇𝐄 𝐒𝐂𝐇𝐄𝐃𝐔𝐋𝐄𝐃 𝟕𝟐-𝐇𝐎𝐔𝐑 𝐓𝐑𝐀𝐍𝐒𝐏𝐎𝐑𝐓 𝐒𝐓𝐑𝐈𝐊𝐄 𝐈𝐍 𝐌𝐄𝐓𝐑𝐎 𝐌𝐀𝐍𝐈𝐋𝐀

Visit the Official Gazette website: https://www.officialgazette.gov.ph/VXNE78

The Supreme Court has suspended Former Press Secretary Trixie Cruz-Angeles from the practice of law for 6 months.

The Supreme Court PH clarified certain conditions on Seafarer Disability Benefit Claims.

Read more at https://sc.judiciary.gov.ph/sc-clarifies-conditions-on-seafarer-disability-benefit-claims/

SC Clarifies Conditions on Seafarer Disability Benefit Claims |

Certain conditions must be met before a seafarer can be barred from claiming disability benefits due to concealment of pre-existing illnesses.

Thus ruled the Supreme Court’s Second Division, in a 14-page Decision penned by Justice Mario V. Lopez, granting the petition for review on certiorari filed by Loue B. Mutia. The petition challenged the rulings by the Court of Appeals and the National Labor Relations Commission (NLRC) which had denied the award of disability benefits in favor of Mutia.

The Court laid down the following conditions that must be complied with before an employer can be freed from liability for a seafarer’s disability arising from a pre-concealed illness or injury:

1. The seafarer is suffering from a pre-existing illness or injury as defined under Item 11(b) of the 2010 POEA-SEC;
2. The seafarer intentionally concealed the illness or injury; and
3. The concealed pre-existing illness or injury has a causal or reasonable connection with the illness or injury suffered during the seafarer’s contract.

“In the absence of these conditions, the employers remain liable for work-related injury or illness consistent with their duties to provide a seaworthy ship and to take precautions to avoid the seafarer’s accident,” said the Court.

Read more at https://sc.judiciary.gov.ph/sc-clarifies-conditions-on-seafarer-disability-benefit-claims/

For MERALCO disconnection, a 48-hour (2-day) written notice is a mandatory requirement.

SC to MERALCO: Prior Written Notice at Least 48 Hours Before Disconnection is Indispensable

Affirming the rights of consumers, the Supreme Court has denied the petition of the Manila Electric Company (MERALCO) assailing a Court of Appeals (CA) Decision which affirmed that the electric firm violated R.A. 7832, or the Anti-Electricity and Electric Transmission Lines/Materials Pilferage Act of 1994, for cutting off the electricity supply of a consumer without prior notice.

In denying MERALCO’s petition for review on certiorari, the Court ruled that before Meralco can disconnect the electric service of a consumer on grounds cited under Section 4(a) of RA 7832, there must be prior written notice to the consumer to disconnect. The Court emphasized that the said prior written notice must be given at least 48 hours prior to the disconnection, pursuant to due process requirements. Thus, the act of MERALCO in cutting off the respondent’s electricity on the same day the disconnection notice was given to the consumer was violative of due process requirements, said the Court.

The Court further held that MERALCO is presumed to be in bad faith for its failure to follow the due notice requirement under R.A. 7832 during the disconnection of the Yu’s electric service.

Hence, it denied MERALCO’s Petition for Review on Certiorari, and affirmed the Decision dated November 26, 2020 of the CA in CA-G.R. CV No. 111808, as follows: the award of temperate damages is reduced to P50,000; the award of moral damages is deleted for lack of basis; and the award of exemplary damages is reduced to P100,000. The Court ordered that the rest of the CA ruling stands.

Read more at https://sc.judiciary.gov.ph/sc-to-meralco-prior-written-notice-at-least-48-hours-before-disconnection-is-indispensable/.

The increase of the Minimum Wage in NCR was approved and will start to be in effect on 16 July 2023.

The minimum wage of Php610.00/day was set for workers in the non-agricultural sector while the amount of Php573.00/day was set for workers in the agricultural sector, service and retail establishments with 15 or less workers, and manufacturing establishments with less than 10 employees.

For more information, read Wage Order No. NCR-24

LOOK: NCR Wage Board grants minimum wage increase for workers in private establishments

Story: https://www.dole.gov.ph/news/ncr-wage-board-grants-minimum-wage-increase-for-workers-in-private-establishments/

Elections in October 2023 will proceed. The law postponing Barangay and SK Elections was declared as Unconstitutional by the Supreme Court.

The Supreme Court unanimously DISBARRED Atty. Lorenzo “Larry” Gadon.

Court Unanimously Disbars Atty. Lorenzo “Larry” Gadon for Misogynistic, Sexist, Abusive and Repeated Intemperate Language |

By a unanimous vote of 15-0, the Supreme Court En Banc resolved to disbar Atty. Lorenzo "Larry" Gadon for the viral video clip where he repeatedly cursed and uttered profane remarks against journalist Raissa Robles. The Court had motu proprio taken cognizance of the video clip and issued an earlier order of preventive suspension from the practice of law against Gadon pending a judgment in the case.

The Court found the subject video clip as "indisputably scandalous that it discredits the legal profession." In particular, the Court cited Gadon for violating Canon II on Propriety of the Code of Professional Responsibility and Accountability, which imposes the standard that "a] lawyer shall, at all times, act with propriety and maintain the appearance of propriety in personal and professional dealings, observe honesty, respect and courtesy, and uphold the dignity of the legal profession consistent with the highest standards of ethical behavior." The Court pointed out that Gadon unfortunately failed to realize that lawyers are expected to avoid scandalous behavior, whether in their public or private life

Read more at https://sc.judiciary.gov.ph/court-unanimously-disbars-atty-lorenzo-larry-gadon-for-misogynistic-sexist-abusive-and-repeated-intemperate-language/.

10 July 2023 (Monday) is declared a Special (Non-Working) Day in Sta. Rosa, Laguna.

𝐏𝐑𝐎𝐂𝐋𝐀𝐌𝐀𝐓𝐈𝐎𝐍 𝐍𝐎. 𝟐𝟔𝟖, 𝐬. 𝟐𝟎𝟐𝟑
Signed on 23 June 2023

𝐃𝐄𝐂𝐋𝐀𝐑𝐈𝐍𝐆 𝐌𝐎𝐍𝐃𝐀𝐘, 𝟏𝟎 𝐉𝐔𝐋𝐘 𝟐𝟎𝟐𝟑, 𝐀 𝐒𝐏𝐄𝐂𝐈𝐀𝐋 (𝐍𝐎𝐍-𝐖𝐎𝐑𝐊𝐈𝐍𝐆) 𝐃𝐀𝐘 𝐈𝐍 𝐓𝐇𝐄 𝐂𝐈𝐓𝐘 𝐎𝐅 𝐒𝐀𝐍𝐓𝐀 𝐑𝐎𝐒𝐀, 𝐏𝐑𝐎𝐕𝐈𝐍𝐂𝐄 𝐎𝐅 𝐋𝐀𝐆𝐔𝐍𝐀

Visit the Official Gazette website: https://www.officialgazette.gov.ph/2023/06/23/proclamation-no-268-s-2023/

Wrong spelling in your birth certificate.

Filing a Petition for Declaration of Nullity of Marriage

No court hearings on 28 June 2023.

📣 In view of Proclamation No. 258 declaring Wednesday, 28 June 2023, a regular holiday throughout the country in observance of Eid’l Adha (Feast of Sacrifice), there will be no work in all courts nationwide.

Attending a Preliminary Investigation for Estafa case. ☀️

Today, June 21, 2023 is Tagaytay Day. All court hearings are cancelled.

Do you have a problem with the entries in your PSA certificate? Are there missing details, or are you using a compound middle name?

Find the answers in our FAQs! https://psahelpline.ph/faq

📢 ONE MONTH LEFT for previous takers and refreshers! Apply for the 2023 Bar Examinations by accessing the Bar Applicant Registration Information System and Tech Assistance (BARISTA) and submitting your documents at barista.judiciary.gov.ph.

Deadline for applications of previous takers and refreshers is on July 8, 2023.