Philippine Law

Free Speech 101

Free speech is free speech. “Everybody is in favor of free speech as long as it is theirs.” – Ira Glasser, ACLU Executive Director

Is it discrimination in the workplace if vaccine availability is not an issue?

I overheard a group of employees chatting over taking the vaccine. It appears that they had all taken the Covid-19 vaccine. Their supervisor was telling them that there will come a time that only the vaccinated would be preferred to go to work whenever a lockdown or quarantine restriction would be imposed. To that, the …

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Why prenuptial agreements are valued only by people who worked hard to gain wealth

Those who do not know the value of back-breaking hard work to gain wealth will never understand the importance of a prenuptial agreement. When I was a younger lawyer, I used to tell as much of my friends and relatives that they consider a prenuptial agreement before marrying. Not a single one took my advice. …

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Psychological incapacity as a legal concept, and not a medical condition

The case of Tan-Andal v. Andal (G.R. No. 196359, 11 May 2021) declares psychological incapacity under Article 36 of the Family Code as a legal concept, and not a medical condition. Accordingly, testimonies of psychologists or psychiatrists are no longer necessary. This a landmark case and a game changer for the following reasons. 1. Nullity …

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Mother’s surname may be used by legitimate children, says Supreme Court

On the basis of Constitutional provisions on equality of women and men under the law, the Philippine Supreme Court in a recent landmark case expressly allowed a petitioner to use the surname of his mother even if he is born as a legitimate child. The petitioner initiated the case for change of first name from …

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Online wedding? Virtual marriage ceremony in the Philippines

When almost everything is forced online due to the pandemic, the age-old tradition of celebrating marriage is facing an update – i.e. a virtual marriage ceremony in the Philippines. Will it fly or is it dead on its track? What are the concerns? 1. That it is not aligned with religious practices of certain churches, …

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Right against self-incrimination protects innocent persons against their stupid remarks

Lawyers are taught and trained to stop or keep their clients from speaking if they are involved in a criminal case, particularly if they are considered suspects and more so if they are the respondents or the accused. “Invoke your right against self-crimination” or “talk to my lawyer” is what would usually be advised of …

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On freedom of speech by Rowan Atkinson

“The second most precious thing in life is the right to express yourself freely. The most precious thing in life, I think, is food in your mouth, and the third most precious is a roof over your head.”

Is DOLE’s regularization program increasing unemployment in the Philippines?

Recent news reports show that contractors have been letting go of hundreds of workers which ironically is related to the regularization program of the Department of Labor and Employment. The principal will only regularize a fraction of the number of workers deployed/assigned to it by the contractors. On the other hand, DOLE wants all of …

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The problem with a 2-year probationary period and a few solutions

A lawmaker is proposing to increase the 6-month probation to 2 years. Probationary employees would be more vulnerable, particularly those who are advanced in age. The measure will likely add to the diaspora of workers leaving for work abroad. While the measure seeks to provide more ample time to determine suitability of a probationary to …

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RA 11261 First Time Jobseekers Assistance Act

Key points: All Government offices/agencies, without exception, are prohibited from collecting any fees or charges paid in connection with the application for and the granting of licenses, proofs of identification, clearances, certificates or other documents usually required in the course of employment locally or abroad. The benefit may be availed only once. The first time …

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Prenuptial agreements protect spouses and their family

Relationships are strengthened when couples are able to talk about money. Prenuptial agreements protect spouses and their family. A spouse may still remain a compulsory heir – subject to exceptions. Prenuptial agreements are valuable to asset and wealth protection, yet it is often ignored due to the perceived difficulty in discussing the topic about money. …

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Employer pays for salary differential under 105-day Maternity Leave

DOLE Department Order No. 1, Series of 2019 provided for the Guidelines on computing the salary differential under the new 105-day maternity leave law. Notable Points: The employer may only be reimbursed for maternity leave under the previous 60-day maternitu leave law. The remaining 55 days shall be shouldered by the employer, which is referred …

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Image: Intellectual Property Office of the Philippines

Updates on Intellectual Property: IPO-PHL’s 5-Day MCLE Lecture Series

GREAT TO LEARN THAT INTELLECTUAL PROPERTY IS NOW TAKING CENTER STAGE. I recall making the usual joke when I was an MBA Instructor teaching at San Beda University. I taught varied commercial subjects from obligations and contracts, labor law, agency, insurance, torts and damages, to intellectual property. I usually took my time when we reach …

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eSports Law and its Compliance System

PHILIPPINE ESPORTS IS HERE. There is no going back. eSports has arrived. It has set-up shop in the Philippines who have world-class and talented gamers dominating the international arena. Globe Telecom’s entry into the eSports business through a partnership with globally-renowned group Mineski is further proof that eSports is about to level up further. With …

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Why Litigation is Not The Way

HOW LONG DOES LITIGATION LAST ON AVERAGE AT THE TRIAL LEVEL? This was the question asked by a lecturer in my last Mandatory Continuing Legal Education at the UP Law Center. True to form, many answered 3 years, 5 years, with some mentioning 7 years. I answered 5 years based on experience. How long does …

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About Me

Hi, I’m Atty. Jericho (Jake) Del Puerto. I’m a law mentor and a business lawyer. I create law-related content online via lawmentoringcenter.com, laborlaw.ph, and barmentor.ph.

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