Daily Serving of Legal Matters

taken from  www.liverpool.ac.uk As the term paternity leave suggests, it may be availed of only by the father in contrast with maternity leave.  The question that may be asked is can anyone avail of this leave? In accordance with Republic Act No. 8187 or also known as the "Paternity Leave Act of 1996", the definition of paternity leave provides the persons who can avail the same.  Thus: "Paternity Leave refers to the benefits granted to a married male employee allowing him not to report for work for seven (7) days but continues to earn the compensation therefor on the condition that his spouse has delivered a child or suffered a miscarriage for purposes of enabling him to effectively lend support to his wife in her period of recovery and/or in the nursing of the newly-born child." So, not all male employees can avail of the paternity leave.  Only those legally married male employees who are granted this kind of leave.   Hence, if a male e...

What is a Recto Law? It is an Installment Sales Law that provides remedies for the seller in the contract of sale of personal property by installments. It is embodied in Article 1484 of the Civil Code of the Philippines or the Republic Act No. 386 which amended Art. 1454 of the Civil Code of 1889. What is the coverage of the Recto Law? It covers: 1.  Contracts of Sale of personal property by installments. 2.  Contracts purporting to be leases of personal property with option to buy, when the lessor has deprived the lessee of the possession or enjoyment of the thing (PCI Leasing and Finance Inc. v. Giraffe-X Creative Imaging, Inc., G.R. No. 142618, July 12, 2007). What are the remedies for the seller under this law? As provided, the seller shall do: 1.  Exact fulfillment of the obligation, should the vendee fail to pay. The seller shall file specific performance in court to exact payment from the vendee.  As a gener...

Do you have a transaction involving the sale or financing real estate on installment payments or intend to enter this transaction sooner?  Then, this post is for you to be at least to have a grasp of what are your rights or how you would be protected against onerous and oppressive conditions. This post focuses on Maceda Law or the Republic Act Number 6552 or otherwise known as the "Realty Installment Buyer Act". Maceda Law got its moniker from the main proponent lawmaker himself, Senator Ernesto M. Maceda. What is the purpose of this Act? It is basically to protect buyers of real estate on installment payments against onerous and oppressive contracts. What is the coverage of this Act? It covers all transactions or contracts INVOLVING the sale or financing of real estate on installment payments, INCLUDING residential condominium apartments, where the buyer has paid at least two years installments. What are not covered by this Act? It does not ...