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Point of Law

The following articles were written by Francisco Ed. Lim and also published in The Philippine Daily Inquirer.

May 03, 2018

After years of uncertainty, the Supreme Court (SC) finally laid to rest whether the Department of Justice, through its chief, may issue hold departure orders (HDOs) and watchlist orders (“WLOs”) to prevent people under investigation from leaving the country. There were several DOJ circulars (i.e., DOJ Circular No. 17 dated March 1998 and DOJ Circular No. 18 dated April 23, 2007) that gave this... Read More

April 19, 2018

With the recent progress of House Bills 6027 and 6595, more popularly known as the divorce bill and same-sex marriage bill, respectively, proponents say the Philippines is set to finally join the ranks of countries that have modernized their laws on marriage and family relations. The divorce bill just passed its second reading in the House of Representatives while the same-sex marriage bill is... Read More

April 05, 2018

Perjury is one of the vilest crimes that one can commit. With the stroke of a pen or slip of the tongue, it can ruin a man’s reputation, or worse, send him to a detention cell or prison. It is a fatal weapon—devious, cheap and easily accessible. Like poison, it leaves its victim in shambles, a shadow of his former self; while the perpetrator is scot-free to roam around. (We will never know... Read More

March 22, 2018

Just a few days after it took effect, the Tax Reform for Acceleration and Inclusion (TRAIN) law has set off more than just a few alarms. In addition to allegations it was procedurally infirm (there is a pending case in the Supreme Court challenging it), TRAIN has been criticized as being antipoor. While Congress tried its best to cushion the law’s impact on the poor, it shifted the burden of... Read More

March 08, 2018

In broad strokes, the short-swing profits rule provides that any profit realized by insiders of an issuer from the purchase and sale, or any sale and purchase, of any equity security of the issuer within any period of less than six months, unless such security was acquired in good faith in connection with a debt previously contracted, shall inure to and be recoverable by the issuer (Section 23.2... Read More

February 22, 2018

Early this month, President Duterte laid down the law, so to speak, and threatened to shut down the entire island of top tourist destination Boracay for its continued environmental problems. Of the 7,107 islands that constitute the Philippine archipelago, Boracay sets itself apart with its crystalline waters and powder-like white sand beaches. Ranked as one of the top three islands in the world... Read More

February 08, 2018

In a recent order, the Securities and Exchange Commission (SEC) directed four of businessman Joseph Calata’s companies to cease and desist from engaging in the initial coin offering (ICO) of Krops tokens, also referred to as kropcoins. The ICO was advertised on a website operated by one of Calata’s companies. Kropcoins, a form of digital money, were being offered for sale to investors (local and... Read More

January 18, 2018

As of this writing, one bitcoin is already equivalent to $10,338. Late last year, it reached an all-time high of $19,783.06. Still, it was a meteoric rise from just $2.00 in December 2011. The average daily volume of bitcoin is $40 million and its global market value is around $213 billion. In the Philippines, monthly trading volume is now estimated to be about $6 million from only $2 million in... Read More

January 04, 2018

The past years saw the rise of a type of expression that has shaped (or distorted) public discourse around the world: fake news. No wonder the Collins Dictionary officially named “fake news” as its Word of the Year for 2017. In the United States, fake news was pervasive during the 2016 presidential election (e.g. the Pope endorsing Donald Trump, Hillary Clinton selling weapons to ISIS etc.).... Read More

December 21, 2017

Sanofi Pasteur (Sanofi), a world leader in the research, development and manufacture of human vaccines, made a breakthrough with the world’s first dengue vaccine. After over 20 years of rigorous research and development, Sanofi submitted for licensure its vaccine in 2015. Since then, it has been used in over 11 countries, both in private and public markets in Asia and Latin America. Based on... Read More

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