Amicus Curiae

What Exactly is Financial Leasing? Definition, Issues, and Requisites

Under Republic Act No. 8556, also known as the Financing Company Act of 1998 (“FCA”), the term financial leasing refers to a mode of extending credit under which the lessor purchases or acquires, at the instance of the lessee, movable or immovable property in consideration of the periodic payment by the lessee of a fixed amount of money over a period of not less than two (2) years during which the lessee has the right to hold and use the leased property.

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Multi-Party Arbitrations in the Philippines

Multi-Party Arbitration is an arbitration involving at least three parties. In the Philippines, various dispute resolution institutions categorically include in their rules of procedure provisions to govern Multi-Party Arbitrations i.e., provisions on joinder and consolidation of proceedings, and rules on the appointment and/or constitution of the arbitration tribunal. Multi-Party Arbitrations are allowed under the respective

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Patents and the Doctrine of Equivalents: Insights from Phillips Seafood Philippines Corporation vs. Tuna Processors, Inc.

The language of the claims limits the scope of protection granted by the patent. The patentees, in enforcing their rights, and the courts, in interpreting the claims, cannot go beyond what is stated in the claims, especially when the language is clear and distinct.

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With great (corporate) power comes great responsibility

The adage “with great power comes great responsibility” was famously brought to prominence in Marvel’s Spider-Man. It captures the essence of the moral responsibility that comes with having power or influence. This theme resonates in many aspects of life – leadership, talent, or even personal decisions. Interestingly, this concept also applies to corporate officers and directors, who can be held accountable for the crimes committed by their respective organizations.

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Surge in RENT: Regulating Non-traditional Real Estate Investment Transactions

As the world recovers from the economic slump brought about by the COVID-19 pandemic, the real estate market takes part as a significant catalyst for economic growth. In the Philippines, the real estate market is experiencing an upward trend as demand in commercial and residential properties surges.

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Waiver, Release, and Quitclaim by employees: When are they legally binding and when are they invalid

Will a Waiver, Release, and Quitclaim executed by an employee really forever release and discharge the employer from any action, damages, demands, and any further liability whatsoever arising from employment? Case law tells us that it depends.

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Engaging individual independent contractors in the Philippines

Contracting out of services is recognized and allowed under Articles 106 to 109 of the Philippine Labor Code. These provisions are implemented by Department of Labor and Employment (“DOLE”) Department Order No. 147-17 (“DO 174”) which defines “contracting” or “subcontracting” as an “arrangement whereby a principal agrees to farm out with a contractor the performance or completion of a specific job or work within a definite or predetermined period, regardless of whether such job or work is to be performed or completed within or outside the premises of the principal.”

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