- Alburo Law Offices' Newsletter
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Archive
Chain of Custody Rule
In the case of People of the Philippines v. Rosario, G.R. No. 235658, June 22, 2020, the Supreme Court held that to sustain a conviction for the offense of illegal sale or possession of dangerous drugs under R.A. No. 9155, it is of utmost importance to establish with moral certainty the identity of the confiscated drug. To remove any doubt or uncertainty on the identity and integrity of the seized drug, it must be shown that the substance illegally possessed or sold by the accused is the same substance offered and identified in court. This requirement is known as the Chain of Custody Rule under Republic Act No. 9165.
Establishments with less than ten employees: What are their employees’ benefits under the Labor Code?
Employees employed in establishments with less than ten (10) employees are entitled to most of the benefits provided in the Labor Code, and pertinent rules and regulations, except for the following: (1) Holiday Pay, (2) Service Incentive Leave, (3) Retirement Pay* (for retail, service and agricultural establishments/operations regularly employing not more than ten (10) employees.)
Anti-Money Laundering Act: Safe Harbor Provision
Under the Safe Harbor Provision of the Anti-Money Laundering Act (AMLA), as amended, persons who file covered or suspicious transaction reports in the regular performance of their duties and in good faith shall not be subject to any administrative, criminal, or civil proceedings.
The Supreme Court Decides: Premarital sexual relations resulting in pregnancy out of wedlock cannot be considered disgraceful or immoral when viewed against the prevailing norms of conduct.
The Supreme Court Decides: Premarital sexual relations resulting in pregnancy out of wedlock cannot be considered disgraceful or immoral when viewed against the prevailing norms of conduct. Sexual intercourse between two consenting adults who have no legal impediment to marry, like respondent and her boyfriend, is not deemed as immoral. No law proscribes such, and said conduct does not contravene any fundamental state policy enshrined in the Constitution.
Sharpen your management skills! Attend our 4th webinar on "11 Golden Rules of Employee Discipline and Termination"
Are you ready to boost your management skills and confidently navigate the challenges of employee discipline? The fourth “11 Golden Rules of Employee Discipline and Termination” webinar is designed to equip you with the practical knowledge and legal insights you need to handle sensitive workplace situations with clarity, confidence, and professionalism.
Jurisdiction of Labor Arbiter
In the case of Tumaodos v. San Miguel Yamamura Packaging Corporation, G.R. No. 241865, February 19, 2020, the Supreme Court held that in cases involving workers and employers, the delineation between the jurisdiction of the regular courts and that of labor courts has always been a matter of dispute. Not all controversies or money claims by an employee against the employer or vice versa fall within the exclusive jurisdiction of the Labor Arbiter.