“You’re fired!” This is the famous line of American businessman (now United States President) Donald J. Trump in the reality TV series The Apprentice. He usually pulls out and points a finger gun whenever he says it. By finger gun, it refers to the hand gesture imitating a handgun. Meaning of “You’re fired!” When an … Continue reading When is the dismissal of an employee from work legal?
Surname of a married woman Unknown to many, a married woman has no legal obligation to use the surname of her husband. This means she can continue using her maiden name and surname even after the wedding. Among the reasons for this is there is no law requiring a married woman to use the surname … Continue reading Can a married woman drop the surname of her husband and use her maiden name and surname again?
Have you ever heard of the phrase Ignorantia Legis Non Excusat? It refers to a Latin legal maxim, which literally stands for "ignorance of the law is not an excuse." Like in other countries, we also follow this maxim. In fact, it was even made part of our laws. And you will find it in Article … Continue reading Why we need to know the law
Bigamous Subsequent Marriage Our laws allow a married individual to marry again legally if the following essential requisites are present: (1) The prior spouse has been absent for four consecutive years (or two consecutive years if it falls within any of the instances when the four-year period may be reduced to two years); (2) The … Continue reading Effect of mere reappearance of the absent spouse on the subsequent marriage
Flight MH370 Remember Malaysia Airlines Flight MH370? This was the flight that mysteriously disappeared back in 2014 while on its way to China. It was then carrying 227 passengers with different nationalities and 12 members of the crew. Immediately after it disappeared, officials from Malaysia and some other countries began to search for the missing … Continue reading Judicial declaration of presumptive death of a spouse for subsequent marriage
Our Constitution is clear in so far as the suspension of the privilege of the writ of habeas corpus is concerned. It says in essence that it is not automatic whenever the President declares martial law. This is why President Rodrigo Duterte also had to order its suspension simultaneously with the declaration of martial law … Continue reading Suspension of the privilege of the writ of habeas corpus in Mindanao: 10 things you need to know whenever the President suspends the privilege of the writ of habeas corpus
A local terror group known as Maute began its series of attacks in Marawi City on May 23, 2017. Due to this incident, President Rodrigo Duterte had to cut short his trip abroad and declared martial law in Mindanao. While I may have doubts on the validity of the action taken, I will for now … Continue reading Martial law in Mindanao: 10 things you need to know whenever the President declares martial law
Let us say you borrowed money from someone else. On the date set for its payment, you offered a check instead of cash. Because the creditor prefers to be paid in cash, he right away refused to accept the check. And so you compelled him to accept it. When compelled to accept payment by check … Continue reading Can we compel a creditor to accept payment by check?
One of the legal remedies you will find in the Rules of Court is the special civil action for declaratory relief. In particular, it is found in Rule 63 of the Rules and discussed exhaustively in several cases decided by the Supreme Court. Declaratory relief What then is a declaratory relief? In order to have … Continue reading Declaratory Relief
Article 176 of the Family Code Prior to the amendment of Article 176 of the Family Code of the Philippines (Family Code), illegitimate children were given no right to use the surname of their father. The only surname they were allowed to use was that of their mother. And this holds true even if their … Continue reading Can the father compel his illegitimate children to use his surname?