"I chose to go to law school because I thought that someday, somehow I'd make a difference." -A.

August 3, 2017

Resolving Insurance Disputes

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Insurance companies have a reputation, arguably deservedly so, for being reluctant to pay out on policies and creating and exploiting loopholes to avoid paying out on legitimate claims. When an insurer acts in this way, they are said to be acting in bad faith and the policy holder may choose to take them to court if they believe they have a strong case. The insurance industry is one of the most heavily regulated in the United States, and while regulations will vary between states there are some aspects of resolving disputes with insurers that are universal. Every state will have a law with a name such as ‘Unfair Insurance Practices Act’ (UIPA) or ‘Unfair Claims Settlement Practices Act’ (UCSPA), searching online for similar terms and the name of your state should return the exact legislation in the search results.

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July 22, 2017

Cabutihan vs. Landcenter

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Facts:
  • Cabutihan filed an action for specific performance against Landcenter Construction and Development Corporation with the RTC of Pasig.
  • According to Cabutihan, Landcenter Corporation did not comply with their obligation in a Deed of Undertaking wherein they agreed that Cabutihan would facilitate and assist Landcenter Corporation in recovering a parcel of land located in Paranaque in consideration of 20% of the land to be recovered.
  • Thereafter, Landcenter Corporation filed a motion to dismiss on the ground of improper venue.
  • They contended that since the primary objective of Cabutihan was to recover a property, it is a real action. Hence, the case should have been filed in the RTC of Paranaque where the land is situated pursuant to the rules.
  • The RTC granted the motion to dismiss.
  • Cabutihan assailed the said order.

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July 2, 2017

Legal Name in the Philippines

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Name is defined as a word or set of words by which a person or thing is known, addressed, or referred to. In our jurisdiction, a person’s legal name is composed of two parts namely the given name or proper name (also known as the first name) and the surname or the family name. The legal name of a person is one that is registered with the Civil Registry. Under the Philippines, a person acquires his or her legal name upon the filing of the birth certificate with the Office of the Civil Registrar. The name that appears on the said certificate shall be the legal name that will be used by the said person in exercising his capacity to act under the law and in his fitness of being subject to legal relations.

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June 6, 2017

Worker's Statutory Monetary Benefits (2016 Ed.)

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Issued by:  
Bureau of Working Conditions (BWC)
Department of Labor and Employment (DOLE)
Tel. No. 5273000 locals 303, 308
Telefax No. 527-3478
Email: bwcsecretary@gmail.com
Website: bwc.dole.gov.ph

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June 2, 2017

History of Alternative Dispute Resolution

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Even before the Spaniards reach the Philippines, Filipinos already have their own set of customs and traditions that they follow from day to day. Whenever there are conflicts that arise among members of a particular community, the practice of the Filipino men and women was to refer the same to their elders. These elders are highly respected in the community, which is the primary reason why Filipinos respect and abide by whatever resolution that the former makes.

In the book of Jim V. Lopez entitled “The Law on Alternative Dispute Resolution: How to Resolve Legal Disputes Without A Courtroom Trial”, the author pointed out the fact that our ancestors have practiced out-of- court settlements during their time. According to him, Jose Rizal said that “Judges were persons of the locality, forming a jury, elected by both parties who knew the case, the customs and usages better than the gowned judge from the outside to make his fortune, to judge the case he does not know and who does not know the usage customs and language of the locality.”

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