Republic of the Philippines v. Apostolita San Mateo

In a petition to register a land, both CENRO certification and approval thereof by the DENR Secretary are required to be presented as proofs that the land is alienable.

G.R. No. 203560, 10 November 2014

A petition to register a land was denied for failure to present both CENRO certification and approval thereof by the DENR Secretary. As held by the Supreme Court, “a CENRO certification that a certain property is alienable, without the corresponding proof that the DENR Secretary had approved such certification, is insufficient to support a petition for registration of land. Both certification and approval are required to be presented as proofs that the land is alienable. Otherwise, the petition must be denied.”

The cited case of Republic v. Vega, which granted a petition for registration despite the absence of a DENR Certification was pro hac vice. Continue reading here.

MCMP Construction Corp. v. Monark Equipment Corp.

Excessive and unconscionable interests are void for being contrary to morals, if not against the law.

G.R. No. 201001, 10 November 2014

Plaintiff Monark Equipment Corp. initiated a Complaint for a Sum of Money against Defendant MCMP Construction Corp. after the latter failed to pay rental fees for the use of five (5) pieces of heavy equipment as stated in their Rental Equipment Contract. In the agreement, interest and penalties were stated as follows:

Continue reading here.

The Legal Side of Clinical Laboratories

An incorrect diagnostic resulted in a liability against a medical professional.

Medical checkups are important. I routinely have an annual medical checkup to know the status of my health. During my medical examination this year, I had the opportunity to observe how doctors ran their clinics. I must say that I  was satisfied and even impressed at how clinics were run by the doctors in Medical City  Pasig City.

While doing my observation, I was thinking of a case where an incorrect diagnostic resulted in a liability against a medical professional. It was supposed to be a routine checkup for employment purposes. Unfortunately, it did not end well for the patient who lost her job due to a mistaken analysis of her results.

This was the case. I am lifting this excerpt from my book Legal Aspects of Business.

Continue reading here.

ASEAN Open Skies Policy

ASEAN Single Aviation Market (ASEAN-SAM) + Unified Air Transport Market = ASEAN Open Skies

ASEAN Briefing: ASEAN Open Skies Policy To Be Implemented in 2015

Read more:
http://www.aseanbriefing.com/news/2015/01/02/asean-open-skies-policy-implemented-2015.html

Got paid with your holiday pay?

May the employer convert the holiday pay to other benefits?

During the long Christmas holidays, some businesses operated on regular holidays resulting in work being rendered by their employees. Although the law expressly requires that holiday pay should be paid, businesses looking to save tend to pay their employees through other benefits instead of the statutory monetary benefit. May businesses do so? Continue reading here.