Amicus Curiae

The following articles were also published in BusinessWorld.

July 01, 2014

AN INTOXICATED and overspeeding Fred Flintstone, arrested after crashing his Flintmobile while under the influence of alcohol, has a strong defense if prosecuted under the Land Transportation and Traffic Code or even the newly minted Anti-Drunk and Drugged Driving Act. A foot-powered method of land locomotion is not covered by these two laws, which define “motor vehicle” as any vehicle propelled... Read More

June 24, 2014

THE Internet has not only leveled the playing field for information sharing and communication, it has also made possible the proliferation of virtual stores that allow buyers to shop for all kinds of goods in the comfort of their homes. Online shops do not have to pay rent or utilities, and yet these sellers have easy access to an unlimited market and affordable advertising. But just like the... Read More

June 10, 2014

AMID THE growth of the retail industry in the Philippines, the strict legal guidelines imposed by the Retail Trade Liberalization Act of 2000 (or Retail Law) severely restrict foreign investors who have shown an interest in setting up retail businesses in the Philippines. The Retail Law defines retail trade as “any act, occupation or calling of habitually selling direct to the general public... Read More

June 03, 2014

WHAT DO you do when a customer pays using a counterfeit banknote? By their nature, counterfeit banknotes are hard to distinguish from the genuine ones. More often than not, we only realize that we have been paid with counterfeits long after the person has passed it off to us. We are then left with no other choice but to consider it as the painful cost of a lesson learned. The Bangko Sentral ng... Read More

May 27, 2014

YEAR AFTER year, militants representing hundreds of employees in the country storm the streets of the Metro to go toe-to-toe with authorities to cry for wage increases, and claim discrimination, exploitation, and unfair labor practices. As far as the militants are concerned, the government has not provided anything for the Filipino worker as the socioeconomic conditions of the working class... Read More

May 21, 2014

WITH THE overflowing posts of selfies, groupies, tweets, shout-outs and what-have-you’s... it seems that the world has adhered to the culture of full disclosure. With this trend, one cannot help but ask... what should I keep secret? The US Congress enacted in 2010 the Foreign Account Tax Compliance Act (FATCA) with the aim of preventing off-shore tax abuses by US taxpayers. Among others, FATCA... Read More

May 13, 2014

EVERYTHING can be done with a click of a button. If I want to shop, all I have to do is browse through the online shop of my favorite store. If I want to get lunch, I can just order through a restaurant’s website. If I want to make an appointment for a massage, I just have to send a text. So why can’t sending notices of meetings to stockholders or directors be that easy? In an effort to adapt to... Read More

May 06, 2014

THERE ARE only two things certain in life: Death and Taxes. So said old Ben Franklin. While you are alive and earning any form of income, legal or otherwise, you are subject to several types of taxes. For individuals, among the most common are the following: regular schedular income tax for income earned; withholding taxes, which may be final or creditable; percentage taxes; and, as end consumers... Read More

April 29, 2014

TAX EVASION has always been a major problem in any taxing jurisdiction. With the rising expenses to maintain the order of things in our society, the taxman cannot allow revenue to slip because of tax evasion. Hence, like its counterparts abroad, our Department of Finance issues from time to time measures intended to ensure effective tax enforcement and prevent and curtail tax evasion. On March... Read More

April 22, 2014

THIS was essentially the question presented before the United States Supreme Court in the case of Association for Molecular Pathology v. Myriad Genetics, Inc. (569 US 12-398). Myriad Genetics claimed to have invented the isolation of BRCA1 and BRCA2 genes. These genes are believed to be related to ovarian and breast cancers. Myriad Genetics, Inc. applied for patent protection and was eventually... Read More