Archive for August, 2016


SAMPLE FORM  OF AFFIDAVIT – GENERAL FORMAT.

 

REPUBLIC OF THE PHILIPPINES )

Makati City                                  ) SS.

 

AFFIDAVIT

 

I, JUAN DELA CRUZ, of legal age, single and with address at xxxxxxxxxxxxx, under oath, state:

 

  1. THAT I __________________________;

 

xxxxxx

xxxxxx

 

 

  1. THAT I am executing this Affidavit to attest to the truth of the foregoing facts and to use the same for whatever legal purpose it may serve.

 

 

IN WITNESS WHEREOF, I hereunto affix my signature this xx March 2016 at Makati City.

 

 

_____________________

            Affiant

 

 

SUBSCRIBED AND SWORN TO before me, this _______________, Affiant exhibiting to me his/her  competent evidence of identity bearing his/her picture and signature as described below:

 

NAME TYPE OF ID. NUMBER DATE AND PLACE OF ISSUANCE/EXPIRY DATE.
 

JUAN DELA CRUZ

 

 

PASSPORT

 

A34567

 

ISSUED ON 3/5/16 AND EXPIRING ON 3/5/21.


WITNESS MY HAND AND SEAL at the place and on the date first-above written.

 

Doc. No. _______;                    

Page No. _______;                   

Book No. ______;

Series of _______.

 

SAMPLE FORM OF EMPLOYMENT CONTRACT

SAMPLE FORM OF EMPLOYMENT CONTRACT

 CONTRACT OF EMPLOYMENT

 

KNOW ALL MEN BY THESE PRESENTS:

 

This Contract of Employment is executed this ______________ at Makati City by and betweenmade this (insert date) by:

 

ABC  INC. a corporation duly organized and existing in accordance with laws of the Republic of the Philippines, with principal office at _____________________, represented in this act by its President, (state name), hereinafter referred to as the EMPLOYER;

 

-AND-

 

(state name of employee), of legal age, Filipino and a resident of (state address), herein referred to as the EMPLOYEE.

 

WITNESSETH: THAT –

 

WHEREAS, the Employer is engaged in  business process outsourcing (BPO);

 

WHEREAS, Employee manifests and guarantees that he/she possesses the requisite qualities and competencies needed by the Employer in the conduct and course of its business;

 

NOW THEREFORE, the parties hereby agree as follows:

 

  1. APPOINTMENT

 

Employee is hereby appointed as DATA COLLECTION AGENT under probationary status for a period of six (6) months reckoned from the first day of actual work.

 

  1. COMPENSATION:

 

Employee will receive a gross basic monthly rate of PHP__________________, subject to withholding tax, SSS premiums, Pag-ibig contributions, Philhealth dues and other government-required deductions. In addition, EMPLOYER will pay the mandatory 13th month salary at the end of each calendar year and EMPLOYER may at its discretion provide performance bonuses. Annual and incremental salary adjustments and merit increases may be effected on a case to case basis and upon the recommendation of the immediate manager and upon approval of management.

 

  1. REGULARIZATION OF EMPLOYMENT

 

By the end the end of the six-month probationary period, depending on the recommendations of the immediate supervisor/manager, Employee will become a regular employee of the company entitled to all company benefits and privileges enjoyed by regular employees;

 

  1. VACATION AND BENEFITS

 

Upon regularization, Employee will be entitled to seven (7) days vacation and seven (7) days sick leave for each year of actual employment, Employee is expected to accrue leaves before he can apply for it. Since leave credits are not convertible to cash, Employee is strongly encouraged to use all leave credits earned during the calendar.

 

  1. DUTIES AND RESPONSIBILITIES

 

Employee shall perform the duties and responsibilities that his position or job necessarily entails, as may be contained in his job description or as may be reasonably assigned to him by the company from time to time. The specific duties and responsibilities of Employee are contained in the corresponding Scope of Work and Job Description, which herein Employee acknowledges to have read and understood as a condition for his regularization and entitlement to other benefits and promotion.

 

Employee is obliged to perform his duties loyally, independently and  industriously to help meet the goals and objectives of the Company and is expected to carry out these responsibilities to the best of his knowledge and abilities in order to protect and advance the interests of the Company, its principals, and its employees.

 

  1. PLACE OF WORK

 

Employee’s primary place of work will be Cebu,  Philippines, Employee agrees that Employer may transfer him to any other location as may be required by the exigencies of the business, the organizational requirements of the company and the responsibilities of Employee’s position. Employee may be required to travel from time to time.

 

  1. HOURS OF WORK

 

Employee shall render a minimum of eight (8) hours of work per day and report for work at least five (5) days per week. It is understood that Employee is being employed with a level of confidence and degree of responsibility that may further require him to render work beyond normal business hours for which Employee may be justly remunerated.

 

  1. OVERTIME WORK

 

In case the demands of business or the company would require Employee to work more than his regular work schedule, he may be required to render overtime work and shall be entitled to overtime pay as provided by law. Overtime work is not compensable for managerial employees unless otherwise declared by management.

 

  1. DECORUM

 

Employee shall observe and comply with all company rules and regulations written or otherwise. Employee shall devote his entire working time to the Employer and shall have no direct or indirect interest in any firm or entity, whether for profit or not, directly in competition with or offering the same services as Employer nor shall Employee take any interest that is conflicting or inimical to Employer.

 

  1. NON-COMPETITION AFTER EMPLOYMENT

 

In the event Employee is separated or terminated from employment for whatever reason, he shall not seek employment in a local or foreign firm doing business in the Philippines nor establish or set up a business offering similar services for a period of one (1) year from date of separation or termination, without the prior notice to Employer.

 

  1. INTELLECTUAL PROPERTY

 

The Company shall be entitled to sole ownership of any intellectual property rights including but not limited to software programs, hardware specifications and other property rights created, developed and discovered by Employee while in the course of his employment with the Company, including all registrations for the same.

 

  1. NON-DISCLOSURE

 

Employee acknowledges and confirms that this contract must remain confidential. Except as may be legally required by competent authority or applicable statutes, the parties hereto shall not make any unauthorized disclosures of the terms and conditions embodied in this contract.

 

  1. CONFIDENTIALITY

 

In order to safeguard the Company’s interest and the confidentiality of its business and affairs, Employee agrees that during the term of his employment and from and after the actual cessation of his employment he shall maintain strict confidentiality and shall not disclose any technical, business, financial or commercial information, methods, processes, inventions (whether covered by intellectual property protection or not or whether marked confidential or not) including but not limited to: customers. customer lists or requirements, price lists, pricing structures, marketing and sales information, business plans or dealings, employees or officers, financial information, product lines, research activities, plans, designs and formula, whether authored by employee or otherwise.

 

Failure to comply with this confidentiality undertaking shall be construed and considered as gross Misconduct and shall be deemed a ground for the termination of his employment.

 

  1. UNDERTAKING

 

Emlpoyee shall work exclusively for the benefit of the company. Employee warrants that he shall comply with all his undertakings and obligations set forth in this Contract and shall indemnify Employer of any actual losses, damages, costs and expenses, including attorneys’ fees incurred as a result of the breach of this Agreement or his willful act, omission, fraud or negligence.

 

  1. TERMINATION

 

Employer reserves the right to terminate or cancel this Contract after observing due process for just or valid causes. Termination may be due to any. But not necessarily limited to the following:

 

  • Inefficiency;
  • Incompetence;
  • Tardiness;
  • Insubordination;
  • Breach of confidentiality and non-disclosure
  • Violation of company’s intellectual property rights
  • Just and authorized causes enumerated in Article 282. 283. And 284 of the labor code;
  • Other causes provided in the Company Rules and Regulations; and
  • Other analogous causes.

 

  1. ACCEPTANCE OF TERMS AND CONDITIONS OF EMPLOYMENT

 

Employee’s affixing of his signature on the herein Employment contract means that:

 

  1. Employee has read and fully understood the terms and conditions hereof and accepts the same;
  2. The terms and conditions for the regularization of his employment have been clearly communicated to and accepted by him/her at the time of his engagement.

 

IN WITNESS WHEREOF, we hereunto affix our signatures on the date and at the place first above written.

 

 

ABC INC.                                                         ______________________

Employer                                             Employee

 

 

 

By:

________________________

President

 

Signed in the presence of:

 

 

_____________________                 _____________________

ACKNOWLEDGMENT

 

Republic of the Philippines)

_____________________              ) SS.

 

BEFORE ME, a Notary Public for  and in ___________________________ this ______________________  personally appeared the following persons  whose identities I have confirmed through competent evidence of identity bearing their pictures and signatures as described below:

 

NAME TYPE OF ID. NUMBER DATE AND PLACE OF ISSUANCE/EXPIRY DATE.
 

 

 

 

 

 

 

all known to me to be the same persons who executed  the foregoing instrument consisting of ____ pages including this page where the Acknowledgment is written and they acknowledged to me that the same is their free and voluntary act and deed as well as that of the entities that they respectively represent.

 

WITHNESS MY HAND AND SEAL at the place and on the date first-above written.

 

Doc. No. _______;

Page No. _______;

Book No. ______;

Series of _______.

 

 

CASE 2016-0053: GRACE PARK INTERNATIONAL CORPORATION AND WOODLINK REALTY CORPORATION –VERSUS- EASTWEST BANKING CORPORATION, SECURITY BANKING CORPORATION, ALLIED BANKING CORPORATION, REPRESENTED BY THE TRUSTEE AND ATTORNEY-IN-FACT OF EASTWEST BANKING CORPORATION TRUST DIVISION, EMMANUEL L. ORTEGA, IN HIS CAPACITY AS THE EX-OFFICIO SHERIFF OF THE REGIONAL TRIAL COURT, MALOLOS CITY, BULACAN, EDRIC C. ESTRADA, IN HIS CAPACITY AS SHERIFF IV OF THE REGIONAL TRIAL COURT, MALOLOS CITY, BULACAN (G.R. NO. 210606, 27 JULY 2016, PERLAS-BERNABE, J) (SUBJECT/S: FORUM SHOPPING) (BRIEF TITLE: GRACE PARK INTERNATIONAL VS. EASTWEST BANKING ET AL.)

 

DISPOSITIVE:

 

“WHEREFORE, the petition is GRANTED. The Decision dated May 22, 2013 and the Resolution dated December 27, 2013 of the Court ofAppeals in CA-G.R. CV No. 98880 are hereby REVERSED and SET ASIDE. Civil Case No. 543-M-2010 is REINSTATED and REMANDED to the Regional Trial Court of Malolos City, Bulacan, Branch 15 for further proceedings.

 

SO ORDERED.”

 

SUBJECTS/DOCTRINES/DIGEST:

 

“Anent the first requisite of forum shopping, “[t]here is identity of parties where the parties in both actions are the same, or there is privity between them, or they are successors-in-interest by title subsequent to the commencement of the action, litigating for the same thing and under the same title and in the same capacity. Absolute identity of parties is not required, shared identity of interest is sufficient to invoke the coverage of this principle. Thus, it is enough that there is a community of interest between a party in the first case and a party in the second case even if the latter was not impleaded in the first case.”34

 

With respect to the second and third requisites of forum shopping, “[h]ornbook is the rule that identity of causes of action does not mean absolute identity; otherwise, a party could easily escape the operation of res judicata by changing the form of the action or the relief sought. The test to ~ determine whether the causes of action are identical is to ascertain whether the same evidence will sustain both actions, or whether there is an identity in the facts essential to the maintenance of the two actions. If the same facts or evidence would sustain both, the two actions are considered the same, and a judgment in the first case is a bar to the subsequent action. Hence, a party cannot, by varying the form of action or adopting a different method of presenting his case, escape the operation of the principle that one and the same cause of action shall not be twice litigated between the same parties or their privies. Among the several tests resorted to in ascertaining whether two suits relate to a single or common cause of action are: (1) whether the same evidence would support and sustain both the first and second causes of action; and (2) whether the defenses in one case may be used to substantiate the complaint in the other. Also fundamental is the test of determining whether the cause of action in the second case existed at the time of the filing of the first complaint. “35

 

Here, it cannot be said that there is an identity of parties between Civil Case No. 10-323 pending before RTC-Makati and Civil Case No. 543-M2010 pending before RTC-Malolos because the plaintiffs in the former, herein Sherwyn, et al., represent substantially different interests from the plaintiffs in the latter, herein petitioners. This is because in Civil Case No. 10-323, Sherwyn, et al.’s interest is to be subrogated into the shoes of BDO as one of the creditors under the MTI; on the other hand, petitioners’ interest in Civil Case No. 543-M-2010 is the enforcement of their rights as debtors to the MTI, i.e., ensuring that the foreclosure proceedings were in accord with the foreclosure provisions of the MTI.

 

Secondly, the underlying circumstances surrounding the causes of action in both cases are likewise substantially different in that: (a) in Civil Case No. 10-323, the cause of action arose from EBC’s alleged unjust refusal to subrogate Sherwyn, et al. to the rights of BDO; while ( b) in Civil Case No. 543-M-2010, the cause of action stemmed from EBC’s purported breach of Section 6.0536 of the MTI which provides that it should first secure a written instruction from the Majority Creditors 37 before commencing foreclosure proceedings against the collaterals.


Finally, a judgment in Civil Case No. 10-323 will not necessarily result in res judicata in Civil Case No. 543-M-2010. Being principally a subrogation case which is an action in personam, 38 a judgment in Civil Case No. 10-323 will not bind any non-parties to it, such as the corporation plaintiffs and the other defendants (aside from EBC) in Civil Case No. 543M-2010 that represent interests separate and distinct from the parties in Civil Case No. 10-323.39 At the most, a judgment in Civil Case No. 10-323 may only constitute the factum probans (or evidentiary facts) by which the factum probandum (or the ultimate fact) sought to be proven by petitioners in Civil Case No. 543-M-2010, i.e., EBC’s non-compliance with the foreclosure provisions of the MTI, could be established.

 

In sum, both the RTC-Malolos and the CA erred in dismissing Civil Case No. 543-M-2010 on the ground of forum shopping and/or litis pendentia. Hence, Civil Case No. 543-M-2010 stands to be reinstated and remanded to the court a quo for further proceedings.”


TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

 SCD-2016-0053-GRACE PARK INTERNATIONAL

 

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “jabbulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “jabbulao and forum shopping”.