Sadsad Tamesis Legal and Accountancy Firm

Jurisprudence

PNR Train. PHOTO: Coconuts Manila

Is the Philippine National Railways Liable for Negligence in Railroad Crossing Accidents? | G.R. No. 157658

When tragedy strikes at a railroad crossing, who bears the burden of responsibility—the vehicle driver or the railway company? This case tackles PNR’s liability for negligence in ensuring public safety at crossings, despite the train’s right-of-way.

Is the Philippine National Railways Liable for Negligence in Railroad Crossing Accidents? | G.R. No. 157658 Read More »

Is a seafarer entitled to permanent disability benefits if treatment is abandoned before the 120-day period? PHOTO: Natee Jindakum/CANVA

Is a seafarer entitled to permanent disability benefits if treatment is abandoned before the 120-day period? | G.R. 214290

Under Section 20(D) of the POEA-SEC, “[n]o compensation and benefits shall be payable in respect of any injury, incapacity, disability or death of the seafarer resulting from his willful or criminal act or intentional breach of his duties, provided however, that the employer can prove that such injury, incapacity, disability or death is directly attributable to the seafarer.”

Is a seafarer entitled to permanent disability benefits if treatment is abandoned before the 120-day period? | G.R. 214290 Read More »

Is psychological incapacity grounds for nullity even if it fully manifests after marriage? | G.R. No. 263627

Is psychological incapacity grounds for nullity even if it fully manifests after marriage? | G.R. No. 263627

Having been able to perform some marital obligations does not mean that one cannot be subsequently incapable of fulfilling some of the other obligations. Article 36 of the Family Code holds that psychological incapacity can manifest after the marriage’s solemnization, making it a viable ground for its nullity.

Is psychological incapacity grounds for nullity even if it fully manifests after marriage? | G.R. No. 263627 Read More »

Is a parent-in-law liable under the Anti-VAWC Law through conspiracy with the husband? | G.R. No. 168852

Is a parent-in-law liable under the Anti-VAWC Law through conspiracy with the husband? | G.R. No. 168852

While the Anti-Violence Against Women and Their Children Act of 2004 (Anti-VAWC Act) provides that the offender be related or connected to the victim by marriage, former marriage, or a sexual or dating relationship, it does not preclude the application of the principle of conspiracy under the RPC.

Is a parent-in-law liable under the Anti-VAWC Law through conspiracy with the husband? | G.R. No. 168852 Read More »

employee work schedule

Can employees be entitled to overtime pay despite a company-imposed “broken schedule” scheme? | G.R. No. 261716

The Omnibus Rules Implementing the Labor Code is clear that “the time during which an employee is inactive by reason of interruptions in his work beyond his control shall be considered working time…if the interval is too brief to be utilized effectively and gainfully in the employee’s own interest.”

Can employees be entitled to overtime pay despite a company-imposed “broken schedule” scheme? | G.R. No. 261716 Read More »

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