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Amicus Curiae

The following articles were also published in BusinessWorld.

March 15, 2017

Since the inception of the highly controversial Oplan Tokhang last year, the Supreme Court sitting en banc has already issued two writs of Amparo. The first writ of Amparo was issued on Jan. 31 for Efren Murillo, who survived the anti-illegal drug operation conducted on Aug. 21, 2016 in Payatas, Quezon City, and the relatives of garbage collectors Marcello Daa, Jessie Cule, Raffy Gabo, and... Read More

March 02, 2017

In January 2017, the Supreme Court finally resolved with finality the propriety of subjecting interest earnings from the PEACe bonds (Poverty Eradication and Alleviation Certificates) to 20 percent final withholding tax as it denied the government’s second motion for reconsideration. The Supreme Court affirmed its earlier order for the government to return the withholding taxes it charged on the... Read More

March 01, 2017

The Philippines Stock Exchange, Inc. (PSE) issued last Dec. 2, 2016 the Rules on Dollar Denominated Securities (DDS Rules) which govern the listing, trading, and settlement of US dollar (USD) Denominated Securities (DDS) to be listed and traded in the PSE. The DDS Rules were earlier approved by the Securities and Exchange Commission (SEC) last Nov. 10, 2016. The introduction of the DDS aims... Read More

February 22, 2017

There’s a trend with businesses engaged in the sale of articles of commerce, where aside from a head office, they establish, in other local government units (LGU), branches/sales outlets, factories, project offices, plants, plantations or administrative/liaison office. Noticeably, the Local Government Code (LGC) made available, as a general guideline, provisions for the accrual, allocation,... Read More

February 16, 2017

If used in another context, any symbol, design element, or character publicly associated with a TV show is likely to be perceived as licensed or endorsed by the show’s producers. Trademark protection extends to elements of successful TV shows. This this is because any symbol, design element, or character that the public associates with a show, if used in another context (such as toys), will... Read More

Cyndy P. dela Cruz

February 01, 2017

The pen is mightier than the sword or so the adage goes. When this was once said, it was to highlight the power of thought and idea over brute force and violence as a way to effect change. Today, the pen can very well be a “tap” of a button, as social media has reinvented our way of life anew -- for good or for bad. Regardless of political affiliation or social philosophy, it is... Read More

January 18, 2017

President Rodrigo Duterte has fulfilled another of his campaign promises when last Jan. 10, his approval of a one thousand-peso (P1,000) increase in monthly Social Security System (SSS) pension benefits for retirees was announced. This is expected to take effect early this quarter, with another P1,000 increase by 2022 in the works. This approval comes after a period of contentious debate... Read More

January 12, 2017

Among the three branches of government, the judiciary is perceived to be the least dangerous branch for it has influence neither over the sword nor the purse. The judiciary is also perceived to be the weakest. Its power is inherently passive. It cannot act unless a case has been brought to it, and even in such circumstance, certain conditions must be complied with for it to take cognizance of... Read More

January 11, 2017

President Rodrigo Duterte ran his presidential campaign on the slogan “CHANGE IS COMING,” promising true and lasting change, most notably in the area of peace and order and graft and corruption. Among the other drastic changes President Duterte espoused in his campaign was the shift to a federal form of government, from our current centralized and unitary form. The President’s resolve in... Read More

January 05, 2017

“Contractualization” was one of the hot issues in the May 2016 elections. In one of the presidential debates, all the then-candidates for president, including now President Rodrigo Duterte, vowed to end contractualization. One of the presidentiables, in fact, had a political advertisement promising to end the endo. Expectedly, a lot, especially from the labor sector, were jubilant. After all... Read More

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