Palasan Law And Partners

SC Clarifies Application of Substitute Parental Authority under Family Code

When parental authority is granted solely to the mother, as in the case of illegitimate children, the substitute parental authority shall be exercised by grandparents or the other persons specified in the Family Code.

Read the article at: http://palasanlaw.com/sc-clarifies-application-of-substitute-parental-authority-under-family-code/

SC dismisses and disbars judge for making false certifications and misappropriating staff’s salaries

In a 42-page per curiam Decision, the Supreme Court En Banc found Judge Sharon M. Alamada-Magayanes[1] (Judge Alamada), Vice-Executive Judge and Presiding Judge of Branch 3, Municipal Trial Court in Cities, Calamba City, Laguna, guilty of Falsification of Official Documents, Serious Dishonesty, Gross Misconduct, Commission of Crimes Involving Moral Turpitude, and Violations of the New Code of Judicial Conduct.

Read the article at: http://palasanlaw.com/sc-dismisses-and-disbars-judge-for-making-false-certifications-and-misappropriating-staffs-salaries/

SC Voids Quitclaims Due to Employer’s Use of Deceit

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

Read the article at: http://palasanlaw.com/sc-voids-quitclaims-due-to-employers-use-of-deceit/

SC: Requiring Professionals to Submit Appointment Books to Monitor Tax Compliance Violates Right to Privacy

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

Read the article at: http://palasanlaw.com/sc-requiring-professionals-to-submit-appointment-books-to-monitor-tax-compliance-violates-right-to-privacy/

SC: Private Complainant in Criminal Case Cannot Challenge Grant of Bail, Acquittal of Accused

The private complainant in a criminal case cannot question the grant of bail and acquittal in favor of the accused.

Read the article at: http://palasanlaw.com/sc-private-complainant-in-criminal-case-cannot-challenge-grant-of-bail-acquittal-of-accused/

SC Affirms Imprisonment of Accused for Demanding Money in Exchange for Deletion of Ex-Girlfriend’s N**e Photos

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 the article at: http://palasanlaw.com/sc-affirms-imprisonment-of-accused-for-demanding-money-in-exchange-for-deletion-of-ex-girlfriends-n**e-photos/

Get to know: Republic Act No. 11985

Also known as the “Philippine Salt Industry Development Act”

An act strengthening and revitalizing the salt industry in the Philippines, appropriating funds therefor

Read the article at: https://palasanlaw.com/get-to-know-republic-act-no-11985/

Get to know: Republic Act No. 11984

Also known as the “No Permit, No Exam Prohibition Act”

An act mandating public and private educational institutions to allow disadvantaged students with unpaid tuition and other school fees to take the periodic and final examinations and for other purposes.

Read the article at: http://palasanlaw.com/get-to-knowrepublic-act-no-11984/

SC: Employment Termination Due to HIV Illegal

Affirming the State’s promise to protect Filipino workers here and abroad, the Court ruled that it is illegal to fire an employee solely for testing positive for human immunodeficiency virus (HIV).

Read the article at: http://palasanlaw.com/sc-employment-termination-due-to-hiv-illegal/

SC: Illegally Dismissed Probationary Employees Entitled to Backwages from Time Compensation Withheld up to Actual Reinstatement

Backwages due illegally dismissed probationary employees are not limited to the unexpired portion of the probationary period but cover the time when compensation was withheld up to reinstatement.

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SC Affirms Conviction of Accused for Child Abuse for Uttering Degrading Remarks to a Minor

The Supreme Court has affirmed the conviction for violation of the Anti-Child Abuse Law of an accused who uttered remarks that attacked the character, reputation, and dignity of a minor.

Read the article at: http://palasanlaw.com/sc-affirms-conviction-of-accused-for-child-abuse-for-uttering-degrading-remarks-to-a-minor/

SC: Persons Convicted of Heinous Crimes Still Entitled to Good Conduct Time Allowance

The Court ruled that Article 97 of the RPC, as amended by R.A. No. 10592, is clear that any convicted prisoner is entitled to GCTA as long as the prisoner is in any penal institution, rehabilitation or detention center, or any other local jail.

Read the article at: http://palasanlaw.com/sc-persons-convicted-of-heinous-crimes-still-entitled-to-good-conduct-time-allowance/

SC Disallows Irregular Car Plan Scheme by PhilRice

The Supreme Court has disallowed the monthly amortization payments for private vehicles under the car benefit plan implemented by the Philippine Rice Research Institute (PhilRice) for not being among the benefits allowed under the law.

Read the article at: http://palasanlaw.com/sc-disallows-irregular-car-plan-scheme-by-philrice/

SC Voids Contract for Being Grossly Disadvantageous to Seafarer

The Supreme Court has voided a litigation financing agreement between a seafarer and a consultancy firm for being grossly disadvantageous to the seafarer.

Read the article at: http://palasanlaw.com/sc-voids-contract-for-being-grossly-disadvantageous-to-seafarer/

SC Dismisses Bukidnon RTC Court Stenographer for Promising Dismissal of Case in Exchange for Money

The Supreme Court has dismissed a court stenographer who solicited money from the mother of an accused in exchange for the dismissal of the criminal case.

Read the article at: http://palasanlaw.com/sc-dismisses-bukidnon-rtc-court-stenographer-for-promising-dismissal-of-case-in-exchange-for-money/

SC Denies Petition Challenging PUV Modernization Program

The Supreme Court has denied the petition seeking to nullify the Department of Transportation’s (DOTr) “Public Utility Vehicle Modernization Program” (PUVMP).

Read the article at: http://palasanlaw.com/sc-denies-petition-challenging-puv-modernization-program/

SC Reminds Judges, Lawyers to Use Gender-Fair Language

A judge and a prosecutor were called out by the Supreme Court for using non-gender-fair language in the course of an annulment case.

Read the article at: http://palasanlaw.com/sc-reminds-judges-lawyers-to-use-gender-fair-language/

SC: PLDT Employees Engaged in Installation, Repair, and Maintenance of Service Lines are Regular Employees

The Supreme Court has ordered the regularization of employees of PLDT, Inc. (PLDT) engaged in installation, repair, and maintenance services of PLDT lines.

Read the article at: http://palasanlaw.com/sc-pldt-employees-engaged-in-installation-repair-and-maintenance-of-service-lines-are-regular-employees/

SC: DOE may Exercise President’s Emergency Takeover Power over Oil Firms

The Supreme Court has upheld Section 14(e) of Republic Act No. (RA) 8479 or the Downstream Oil Industry Deregulation Act, giving the Department of Energy (DOE), on behalf of the President, the power to take over oil firms in case of national emergency.

Read the article at: http://palasanlaw.com/sc-doe-may-exercise-presidents-emergency-takeover-power-over-oil-firms/

SC Warns Online Influencers to Verify Truthfulness of Posts

“By merely having access to social media, private individuals could publish their thoughts without need of self-policing or adhering to the ethical standards required of the press. As a result, content could be created and shared with abandon, purely for clout or for ‘likes,’ and even in disregard of the truth.”

Read the article at: http://palasanlaw.com/sc-warns-online-influencers-to-verify-truthfulness-of-posts/