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Amicus Curiae

The following articles were also published in BusinessWorld.

July 15, 2015

Emgoldex, on its Web site, http://www.emgoldex.com, is described as a company that specializes in the buying and selling of investment gold bars of different values. Over the past few months, the Securities and Exchange Commission (SEC) has issued several warnings against investing in Emgoldex, which is said to be a registered company either in Dubai or in Germany, depending on who you ask... Read More

July 08, 2015

In February, the Supreme Court released a ruling on the case of Milan vs National Labor Relations Commission. The case discussed the age-old question: Are exit clearances required by the company lawful? Can an employer withhold the final pay of its employees? And if so, for how long?    In a 2004 case, the Supreme Court held that employers have no legal authority to withhold an... Read More

June 30, 2015

It is plainly to our disadvantage as a nation that we are apathetic about cooperatives. In its latest Philippine Economic Update, the World Bank expressed confidence that sustaining the Philippines’ high level of growth and making it inclusive over the long term will enable the country to eradicate poverty and boost shared prosperity within a generation. In spite of this, it still seems like... Read More

June 17, 2015

A new government agency, headed by a Chairperson of Cabinet rank with security of tenure, may be in the offing. If the Philippine Competition Act is signed into law, an influential and potentially powerful Philippine Competition Commission (PCC) will be created, with the mandate to implement “the national competition policy [to] attain the objectives and purposes of the act.”   Just... Read More

June 09, 2015

The contribution of micro-, small and medium enterprises (MSMEs) to our economy cannot be gainsaid. In the 2014-2015 Global Competitiveness Report of the World Economic Forum, we ranked 52 out of the 144 countries surveyed. Although we are behind our ASEAN neighbors Singapore (2), Malaysia (20), Thailand (31), and Indonesia (34), the study took note that the Philippines’ “gain of 33 places since... Read More

May 27, 2015

Ownership of land in the Philippines is regulated by the 1987 Constitution and the Public Land Act, among others. The Constitution provides that except in cases of hereditary succession, only those individuals, corporations and associations allowed to acquire or hold lands in the public domain can acquire private lands. In this connection, Commonwealth Act No. 141, otherwise known as the Public... Read More

May 19, 2015

The economic integration of the member countries of the Association of Southeast Asian Nations (ASEAN) is set to be established by December this year. This integration is aimed at enabling the free movement of goods and services, as well as investments and labor, in the ASEAN region. As part of its commitment to this integration, the Philippines is obligated to craft a comprehensive antitrust... Read More

Masataka Shitanishi

May 12, 2015

Doing business with people from different cultures is sometimes accompanied by unexpected difficulties. One of the difficulties faced by the two parties in the transaction is the differing customs, beliefs, and behavior between their cultures. Understanding the nuances of the other party’s culture often provides the groundwork for smoother and more efficient business relations. Notably, business... Read More

May 06, 2015

What constitutes “falsity of returns”? In the landmark case of Aznar vs. Court of Tax Appeals, the Supreme Court defined a false return as a deviation from the truth or fact, whether intentional or not. There being substantial under-declaration of income ranging from 170% to 4,370% of the reported income for six years, Aznar was found to have filed false returns. The definition of false returns... Read More

April 28, 2015

The line separating executive and legislative powers has been blurred with the “growing complexity of modern life, the multiplication of the subjects of governmental regulation, and the increased difficulty of administering the laws.” Administrative agencies are now granted the power to formulate rules and regulations, which have the effect of law. What were once in the realm of the legislature... Read More

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