competitor (breach of contract)

sir mag inquire lang po ako. nagresign po ako sa company kasi po tinangal po nila yung pangako nila na outbase allowance ginawa ko po nag apply po ako sa ibang company nung matangap po ako nag file na po ako ng resignation pero 10 days lang po yung palugit pumayag na po yung mga boss na mag resign ako kasi po dinahilan ko ay trabaho abroad pero nang maglaon nalaman po nila na competitor ang papasukan ko hindi po sila pumayag kakasuhan daw po nila ako... naalala ko may pinirmahan ako sa kanila na bawal akong pumasok sa loob ng 2 years sa competitor na may the same product pero pano naman po ako napilitan po akong pirmahan lang yun dahil duon po ako nagtatrabaho at di naman po ako pwedeng sumuway sa gusto ng boss namin... sana po matulungan niyo po ako

a non-competition clause is valid and may be enforced.

sa localization law ano po ang implementing guidelines sa hiring of new teacher applicants sa central school? may mga applicants sa adjacent barangay in polacion,sino po ang karapatdapat ihired, ang nauna sa ranking n mga apllicants tga poblacion o ung aplicant n mas malapit sa school na adjacent lamang ang bahay sa school ng central school.?

Section 1 of RA 8190 provides:

"Section 1. In the appointment or assignment of teachers to public elementary or secondary schools, priority shall be given to bona fide residents of the barangay, municipality, city or province where the school is located: Provided, That the teacher possesses all the minimum qualifications for the position as required by law."

It means that if you are a resident of the barangay where the school is located, you are preferred over those who are not from the same barangay.

Or if you are a resident of the municipality where the school is located, you are preferred over those who are not from the same municipality. Same goes with the province.

Now if you are both of the same barangay, or municipality or province, it would be at the discretion of the appointing authority, provided the minimum qualifications are met.

good day Atty.


4.1 The Employee shall devote the whole of his / her time and attention during business hours to the
business of the Company and shall not be employed or engaged in any other capacity or undertaking
and shall not be interested or concerned, directly or indirectly, in any business firm or corporation
undertaking or carrying on any business of a similar nature to, or which may compete with, that of the
Company.

10. Solicitation of Clients and Employees
10.1 During the term of the Appointment and for a period of one year thereafter, the Employee agrees
that he / she shall not, in connection with the carrying on of any business similar to or in competition
with the business of the Company or its clients or customers, either alone or jointly with or for any
other person, firm or corporation directly or indirectly:

(a) undertake any business for or with any person who is then or was during the 12 months preceding
the date of termination a client, customer or client’s customer of the Company provided that such
restriction shall only apply to clients, customers or client’s customers with whom the Employee
shall have been concerned; or

(b) solicit, interfere with or endeavour to entice away from the Company or its clients any person
who is then or was during the 12 months preceding the date of termination a client, customer,
client’s customer or employee of or in the habit of dealing with the Company or its clients
provided that such restriction shall only apply to clients, customers, client’s customers or
employees with whom the Employee shall have been concerned.

##Question

dito sa Company A which is reseller and System integrator ng mga IT products.

balak ko pong lumipat sa Company B which is IT distributor and si Company B client or Customer nya si Company A

sa statement po bawal po kayo ako lumipat?

if you were dealing with company b while in company a, yes, the prohibition will apply