Diaz and Diaz Law Office - Pagadian

A DOSE OF LAW | Illegally dismissed probationary workers

Published 10 May 2024, The Daily Tribune

Last 29 April 2024, the Supreme Court released its decision ruling that illegally dismissed probationary employees, like regular employees, are entitled to back wages not only until the expired portion of their probationary period but covering the time from when compensation was withheld up to reinstatement.

Dean Nilo Divina writes about the case of C.P. Reyes Hospital v. Barbosa (G.R. No. 228357, 16 April 2024).

Read it here: https://bit.ly/4b8Edyz

DivinaLaw hailed as Employer of Choice for the 6th time

DivinaLaw remains to be recognized as one of the best law firms to work for in the country and in Asia, according to a survey conducted by the Asian Legal Business (ALB).

For the sixth time, the Firm was acknowledged for its impact on its employees’ job satisfaction, work-life balance, job remuneration, career opportunities, and other aspects which contribute to a fulfilling and positive professional life. As the Firm celebrates its 18th anniversary, this recognition is a testament of the passion and dedication of its employees.

Asian Legal Business (ALB) is owned by Thomson Reuters, the world's leading source of intelligent information for businesses and professionals.

To read ALB’s April 2024 Asia edition, visit: https://www.legalbusinessonline.com/sites/default/files/e-magazines/ALB-APRIL-2024-(ASIA-EDITION)/

Today, we honor the backbone of our nation, the Filipino workers whose hard work and dedication fuel our progress. Happy Labor Day!

A DOSE OF LAW | Child sexual abuse accommodation syndrome

Published 26 April 2024, The Daily Tribune

One of the novel theories in Philippine jurisprudence and foreign jurisdictions is the Battered Woman Syndrome as a form of self-defense of a battered woman “who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do without concern for her rights” (People v. Genosa, G.R. 135981, 15 January 2004).

Another syndrome that the Supreme Court recently recognized is the Child Sexual Abuse Accommodation Syndrome (CSAAS) — a syndrome proposed by Roland C. Summit in 1983 to describe how sexually abused children respond to ongoing sexual abuse.

Dean Nilo Divina discusses the recent case of People v. # # # (G.R. 263227, 2 August 2023).

Read it here: https://bit.ly/3QmVdJ8

Unyang 6pm na mga higala.

Makakasama natin si Procurement Service – Department of Budget and Management Executive Director Atty. Dennis Santiago para lalong bigyang-linaw ang mga isinusulong na reporma sa panukalang New Government Procurement Act (NGPA)!

Tumutok sa Usapang Budget Natin bukas mula alas-sais ng gabi sa Radyo Pilipinas 738khz sa inyong AM band, gayundin dito sa page ng UBN, Philippine Information Agency, at Radyo Pilipinas.

Mapapanood din sa TV ang programa sa channel 3 sa TVPlus at channels 45-49 sa Affordabox.

DOSE OF LAW | PPP Code: Consolidating the legal, regulatory framework (2)

Published 15 April 2024, The Daily Tribune

In part two of this series, Dean Nilo Divina discusses the process for solicited and unsolicited proposals under the PPP Code of the Philippines.

Read it here: https://bit.ly/4aV3P1q

Eid Mubarak! Wishing our Muslim brothers and sisters a blessed and joyous celebration.

A DOSE OF LAW | Prescription of crimes governed by Rules on Summary Procedure

Published 8 April 2024, The Daily Tribune

Prescription of a crime or offense is the loss or waiver by the State of its right to prosecute an act prohibited and punished by law after the lapse of a certain period prescribed by law.

In a recent decision, the Supreme Court underscored the critical importance of timely legal action.

The SC not only overturned a conviction but also shed light on the issue of prescription on cases governed by the Rules of Summary Procedure, particularly in cases of slight physical injuries.

Dean Nilo Divina writes about the case of Corpus Jr. v. People of the Philippines (G.R. 255740, 16 August 2023).

Read it here: https://bit.ly/49reOyq

Today we honor our nation’s heroes and the bravery they have exemplified. May we be inspired as we remember their valiant efforts and unwavering commitment to our nation's independence.

A DOSE OF LAW | Intricacies of project-based employment (3)

Published 5 April 2024, The Daily Tribune

To conclude this series on project-based employment, Dean Nilo Divina shares the principles that will guide employers and employees alike on the true nature of one’s employment.

Read it here: https://bit.ly/3PUgolp

DivinaLaw in the 2023 Philippine Law Firm Awards

For the sixth consecutive year, DivinaLaw was again recognized in Asia Business Law Journal’s Philippine Law Firm Awards.

The Firm was named as a top law firm in the categories of Data Compliance and Corporate & Commercial. DivinaLaw was also named as a top law firm for Litigation for the fourth straight year.

Winners were chosen based on nominations, references, and qualitative information received from in-house counsels and other legal professionals in the Philippines and around the world.

Today, we celebrate the glorious resurrection of Jesus Christ. May this day be a moment to share joy, hope, and prosperity to all. Have a blessed Easter Sunday!

A DOSE OF LAW | Delinquency toward disbarment: Payment of IBP membership dues

Published 22 March 2024, The Daily Tribune

Membership in the Philippine Bar is a privilege burdened with conditions, including the payment of membership dues.

In its Resolution dated 8 March 2023, the Supreme Court adopted the Revised Integrated Bar of the Philippines By-Laws. Section 23 provides that every member of the Integrated Bar shall pay annual dues of P4,000 for the ensuing fiscal year, among other things.

Dean Nilo Divina writes about the consequences of non-payment of IBP membership dues.

Read it here: https://bit.ly/496eBAk

A DOSE OF LAW | Intent to commit crime vs intent to perpetrate the act

Published 4 March 2024, The Daily Tribune

In a recent decision, the Supreme Court stressed that a violation of P.D. 957 is registered as malum prohibitum. This means that the forbidden act (non-registration of contract to sell) is not inherently immoral but is punished because the law says that it is forbidden. Hence, in crimes mala prohibita as in this case, the sole issue is whether the law has been violated.

Nevertheless, dispensing with proof of criminal intent for crimes mala prohibita does not, in any way, discharge the prosecution of its burden to show that the prohibited act was done intentionally by the accused.

Dean Nilo Divina writes about the case of Valenzona v. People of the Philippines (G.R. No. 248584, 30 August 2023).

Read it here: https://bit.ly/3Ilpwvb

Blessed Tuesday!❤️ to all our Valued Clients.. We thank you! 😊 Atty. Idus Christian Y. Diaz at your Service...

Happy Tuesday morning 😊

"Cultivate your mind and Nurture your Spirit"

Have a Great day ahead! Diaz and Diaz Law Office - Pagadian at your Service...

di baleng matagal na tanggap ang order ang importante, thank you Lord Jesus, may na pa walang-sala nanaman 🙏

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A DOSE OF LAW | Privacy rights in public places

Published 16 February 2024, The Daily Tribune

In this modern age of technology, there has been an influx of social media content as anyone can create video or photo blogs of their food, travel, and day-to-day routine. And given the vast availability of surveillance cameras like closed-circuit television systems that anyone can easily purchase, it is worth revisiting the fundamental right to privacy as enshrined in the Philippine Constitution.

Dean Nilo Divina discusses the legal landscape governing privacy rights in public spaces in the Philippines.

Read it here: https://bit.ly/49iE4Yi

Maligayang kaarawan sa pinakamagaling na abogado sa buong Pilipinas! Mabuhay ka, Dean Nilo!

Today is a special day as we celebrate the life of our legal CHAMPION – our Managing Partner Atty Nilo T. Divina. Your guidance and leadership have been invaluable to us. Here's to another year of excellence and achievement! Happy birthday, Sir Nilo!

Indeed a Blessed Tuesday everyone!😊

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A DOSE OF LAW | Internet Transactions Act (2)

Published 12 February 2024, The Daily Tribune

In continuation of this series on the Internet Transactions Act, Dean Nilo Divina talks about the obligations of the key parties to internet transactions: the online consumers, e-marketplaces, and online merchants.

Read it here: https://bit.ly/4bATdpk

A DOSE OF LAW | Internet Transactions Act (1)

Published 9 February 2024, The Daily Tribune

The internet has revolutionized the conduct of business as it has allowed new platforms for buyers and sellers to meet. Electronic commerce (e-commerce) continues to evolve to provide a more secure, smooth, and fast processing of transactions and a more personalized and convenient user experience.

Recognizing the value and potential of the digital economy, the Philippines has enacted a new law seeking to promote and maintain a robust e-commerce environment.

Dean Nilo Divina writes about RA No. 11967 also known as the Internet Transactions Act of 2023 (ITA).

Read it here: https://bit.ly/4bzy66U