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Volume: VOL. XX – NO. 3
Date: September 30, 2008


Philippines upgrades Intellectual Property Code

R.A. 9052---the “Cheaper and Quality Medicines” law---signed by President Arroyo on 7 June 2008, incorporates several amendments to the Intellectual Property Code (IPC) of the Philippines designed, among others, to facilitate access by Philippine consumers to affordable drugs and medicines sold with substantial price differences in other countries.

SC clarifies meaning of “vested right”

A vested right, said the Court, is one that is absolute and unconditional; to its exercise, no obstacle exists; and it is immediate and perfect in itself and not dependent upon any contingency. To be vested, a right must have become a title --- legal or equitable --- to the present or future enjoyment of property (G.R. 162716, 9/27/06).


Termination report required by DOLE

The termination of the project employee’s employment in the particular project or undertaking must be reported to the Regional Office, DOLE, having jurisdiction over the workplace within 30 days following the date of his separation from work. Failure of the employer to report to the nearest Regional office of the DOLE the termination of workers it claims as project employees at the time the project is completed is deemed proof that the workers are not project employees (G.R. 165910, 4/10/06).


Reinstatement aspect of decision not self-executory

Although the reinstatement aspect of the decision [in an illegal dismissal findings] is immediately executory, it does not follow that it is self-executory. A writ of execution must still be issued motu propio by the Labor Arbiter or on motion of an interested party. Absent then of an order for the issuance of a writ of execution on the immediate reinstatement aspect of the decision of the Labor Arbiter, the employer is under no legal obligation to admit back to work the dismissed employee, or, at the employer’s option, to merely reinstate the complainant in the payroll (C.A. – G.R. SP No. 86220, citing G.R. 110027, 11/16/94).

 

 
 
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