Victor Ariel G. Soliven Law Office

03/06/2024

Retirement benefit claimed after compulsory retirement age.
Source: The Manila Times

Retirement benefit claimed after compulsory retirement age

20/05/2024

The Supreme Court has reiterated that the private complainant in a criminal case cannot question the grant of bail and acquittal in favor of the accused.

READ: https://sc.judiciary.gov.ph/sc-private-complainant-in-criminal-case-cannot-challenge-grant-of-bail-acquittal-of-accused/

27/03/2024

Computation of Holy Week Holiday Pay.

Source: DOLE

23/02/2024

Agencies that refuse to accept the National ID as sufficient valid proof of identity without just cause are punishable with a fine of P500,000.00.

READ: https://mb.com.ph/2024/2/20/denying-national-id-as-valid-proof-of-identity-could-result-in-p500-000-fine?fbclid=IwAR0t94mqseOmGELWLvvTa4mfpDwkV5wyXZ1m3QNTstCRuMxwp_Us6xdfzqQ

Sources:
PSA Philippine Identification System;
Manila Bulletin

09/01/2024

25/12/2023

Merry Christmas! 🎄🎉

30/10/2023

𝐌𝐄𝐌𝐎𝐑𝐀𝐍𝐃𝐔𝐌 𝐂𝐈𝐑𝐂𝐔𝐋𝐀𝐑 𝐍𝐎. 𝟑𝟖, 𝐬. 𝟐𝟎𝟐𝟑
Signed on 27 October 2023

𝐈𝐌𝐏𝐋𝐄𝐌𝐄𝐍𝐓𝐀𝐓𝐈𝐎𝐍 𝐎𝐅 𝐖𝐎𝐑𝐊 𝐅𝐑𝐎𝐌 𝐇𝐎𝐌𝐄 𝐀𝐑𝐑𝐀𝐍𝐆𝐄𝐌𝐄𝐍𝐓 𝐈𝐍 𝐆𝐎𝐕𝐄𝐑𝐍𝐌𝐄𝐍𝐓 𝐎𝐅𝐅𝐈𝐂𝐄𝐒 𝐀𝐍𝐃 𝐀𝐒𝐘𝐍𝐂𝐇𝐑𝐎𝐍𝐎𝐔𝐒 𝐂𝐋𝐀𝐒𝐒𝐄𝐒 𝐈𝐍 𝐏𝐔𝐁𝐋𝐈𝐂 𝐒𝐂𝐇𝐎𝐎𝐋𝐒 𝐎𝐍 𝟑𝟏 𝐎𝐂𝐓𝐎𝐁𝐄𝐑 𝟐𝟎𝟐𝟑

Source: Official Gazette

13/10/2023

Regular holidays and special (non-working) days for the year 2024.

Pursuant to Proclamation No. 368, s. 2023, Malacañang has declared regular holidays and special (non-working) days for the year 2024.

10/10/2023

Protect yourself from Data Leaks.

Source: Department of Information and Communications Technology (6 October 2023)

09/10/2023

“Banks are required to exercise the highest degree of diligence, along with high standards of integrity and performance in view of its significant role in commercial transactions.”

SC: BDO Negligent for Allowing Unauthorized Withdrawals |

Banks are required to exercise the highest degree of diligence, along with high standards of integrity and performance in view of its significant role in commercial transactions.

Thus underscored the Supreme Court’s Third Division in a 19-page Decision, penned by Associate Justice Alfredo Benjamin S. Caguioa, denying the Petition for Review on Certiorari filed by Banco de Oro Universal Bank, Inc. (BDO), Vivian Duldulao, and Christine T. Nakanishi. The petition assailed the rulings of the Court of Appeals (CA) and the Regional Trial Court (RTC), which found the petitioners liable to Liza A. Seastres, a depositor in BDO.

In ruling for Seastres, the Supreme Court affirmed the RTC’s factual findings that BDO totally failed to comply with its duty to exercise extraordinary diligence in taking care of Seastres’ bank accounts. The Court reiterated the doctrine established in jurisprudence that as a business affected with public interest and because of the nature of its functions, banks are under obligation to treat the accounts of their depositors with meticulous care, always having in mind the fiduciary nature of their relationship.

In the case of BDO, the Court said that BDO was duty bound to exercise the highest degree of diligence in handling Seastres’ bank accounts and in ascertaining that the signatures in the subject withdrawal slips and manager’s checks were made by Seastres and not by anybody else.

However, the Court found that BDO failed to comply with its own rules and regulations regarding withdrawals made through a representative.
As established during trial, BDO’s own rules and regulations require all withdrawals to be made by the depositor by properly filing out a withdrawal slip. Further, withdrawals made by a person other than the depositor him/herself may be allowed only upon the depositor’s written authorization to be verified by the bank teller.

However, in the case of Seastres, BDO allowed Benaje to personally transact the unauthorized withdrawals without confirming from Seastres the authority of Benaje. The Court noted that the alleged written authorization in favor of Benaje is limited to deposits, inquiries, pick-ups, and printouts on behalf of Seastres. The same authorization did not authorize Benaje to make any withdrawals.

The Supreme Court thus ruled that BDO is solely liable to Seastres for over PhP8,000,000.00 in actual and moral damages, attorney’s fees, and cost of suit, to earn legal interest of six percent per annum from finality of judgment until fully paid.

Read more at https://sc.judiciary.gov.ph/sc-bdo-negligent-for-allowing-unauthorized-withdrawals/. Read the Decision in full at https://sc.judiciary.gov.ph/257151-banco-de-oro-universal-bank-inc-vivian-duldulao-and-christine-nakanishi-vs-liza-a-seastres-and-annabelle-n-benaje/. Read the Dissenting Opinion of Associate Justice Samuel H. Gaerlan at https://sc.judiciary.gov.ph/257151-dissenting-opinion-justice-samuel-h-gaerlan/.

21/09/2023

: Malacañang issues a memorandum circular suspending work in government offices under the executive branch from 3pm onwards on Monday, September 25, in connection with the observance of Family Week. cnnphilippines.com