Amicus Curiae

The Subtle Power of FIRB

COVID-19 triggered economic losses since the first case was recorded in January 2020. The community quarantine measures imposed by the government severely disrupted business operations and commercial activities and led to a negative impact in our economic performance. For these reasons, the enactment of Corporate Recovery and Tax Incentives for Enterprises (CREATE) law this year was a welcome development.

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Open Finance: A Case Study for the Regulatory Sandbox Approach

On 17 June 2021, the Bangko Sentral ng Pilipinas (“BSP”) issued Circular No. 1122 (the “Circular”), which set out guidelines for the adoption of the Open Finance Framework (“Framework”). Open finance is part of the BSP’s Digital Payments Transformation Roadmap for 2020-2023, which aims to promote financial inclusion. The salient provisions of the Circular are discussed below.

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A Step Closer to a Personal Property and Security Registry

Back in 2018, the Congress enacted Republic Act No. 11057, or the Personal Property Security Act (“PPSA”). The enactment of the PPSA is in line with the State’s policy “to promote economic activity by increasing least cost credit, particularly for micro, small, and medium enterprises (MSMEs), by establishing a unified and modern legal framework for securing obligations with personal property.”

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Replacement of Lost Owner’s Duplicate Certificate of Title and e-Title

One of the basic requirements for the registration, or issuance of new certificate of title, after voluntary dealings i.e., conveyance, mortgage, lease, charge, and the like, with registered lands, is the presentation of the Owner’s Duplicate Certificate of Title (Original Certificate of Title, Transfer Certificate of Title or Condominium Certificate of Title), which is conclusive authority from the registered owner to the Register of Deeds (“ROD”)

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Effects on the Ground by Expanded Court Jurisdiction in Civil Cases

On 30 July 2021, President Rodrigo Duterte signed into law Republic Act No. 11576, which expanded the jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts (“first level courts”). This also effectively increased the jurisdictional value under the Regional Trial Courts (“second level courts”) for civil actions involving title to, or possession of, real property, or any interest therein.

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Changing Measures: The Dawn of a New Age

No person shall be deprived of his life, liberty, or property without due process of law. This was guaranteed by no less than the Constitution – our fundamental law, in its mission to find a striking balance between the immense powers of the State on one hand, and an individual’s right to being on the other. Necessarily, and rightfully so, due process has been defined as the “sporting idea of fair play” considering as it does limit official acts within the bounds of reason.

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More Than a Year Into the Pandemic: New Employment Rules and Procedures for Foreign Nationals Coming into the Philippines

The COVID-19 pandemic has significantly changed the way we live, particularly in relation to travel and mobility. In an attempt to curb the spread of the constantly evolving variants of the COVID-19 disease, the Philippines is among the countries that continue to close its borders to foreign travelers coming in for purposes of tourism.

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AI, Employee Privacy and COVID-19

For more than a year now, the current COVID-19 pandemic has affected “how we do things” in all aspects of our lives. Apart from “shocking” our health systems, this pandemic forced companies to adapt in order to survive, drastically changing working arrangements. Caught in a difficult exercise of balancing interests of protecting health and providing continuous employment, most companies implemented remote working or work-from-home (WFH) arrangements for their employees.

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