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
Wearing vaccination ID, is it a privacy issue?
It is curious how the National Privacy Commission (NPC) has not yet issued an official statement on the proposal of a DILG executive to require the wearing of vaccination cards as a form of ID when outside. The NPC has been an active vanguard of protecting the privacy of individuals since its inception. It has …
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The irony of PH National ID not being recognized
It took over a decade for the National ID to pass muster against the critics who touted it being the biggest threat to a person’s right to privacy from lawless elements to even the Government (or should I say those who will unlawfully use public office to dig into private information of individuals). Back then, …
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The Philippines has a Fake News law, well sort of…
Under Article 154[1] of the Revised Penal Code (RPC), the following is considered as a criminal offense: “Any person who by means of printing, lithography, or any other means of publication shall publish or cause to be published as news any false news which may endanger the public order, or cause damage to the interest …
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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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The Anti-Duel Law in the Philippines is still in effect
Perhaps once of the most archaic and least useful law in the Philippines (followed only by the Negotiable Instruments Law of 1911) is the anti-duel law under the Revised Penal Code (RPC). In law school, it is the usual butt of a joke by Criminal Law Professors asking the relevancy of such law in modern …
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Last will on a yellow pad paper, no signature, valid?
Months before the start of the 2020 pandemic, I was consulting on a peculiar case involving a handwritten last will and testament written on a yellow pad paper. While it was written by the testator, no signature appeared on the document. It was an interesting case. Philippine law via the Civil Code allows for two …
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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 …
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.”
4 truths about prenuptial agreements
Prenuptial agreements in the Philippines operate differently from those in other countries. These are the things that you need to know about that document that might just improve your married life: 1. Prenuptial agreements do not stop a spouse from inheriting from the other. If you happen to watch a show where the mother of …
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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DOLE’s regularization program and small businesses
Over 500K employees were regularized following DOLE’s program. No baseline as to how many employees are non-regulars. Regularization drive does not consider effects on small and medium businesses. It is a good feeling to be a regular employee. I recall an HR Manager telling me that an employee who had been with them for some …
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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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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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Curious: Is LBC required to have security guards?
BANKING AND QUASI-BANKING ENTITIES HAVE SECURITY GUARDS. I once found myself strapped for cash during my last visit at Puerto Galera. There were no readily accessible ATMs at White Beach, except perhaps for a dispensary which issues paper money which you will then exchange for real cash for about Php250.00 or so. I asked around …
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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 …
Estate settlement is to preserve family unity
WHEN WHAT IS INHERITED IS A DISPUTE A 90-year old frail, weak, and bone-skinned grandmother laid asleep in front of me. It took me several weeks to find her after going through several addresses. A month earlier, a client had approached me asking if I could help with the settlement of his husband’s estate. She …
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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 …
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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Jericho Del Puerto 