Amicus Curiae

Article III, Section 4 of the Constitution provides that “no law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.” Thus, the right to freely express one’s thoughts is not without basis.

Going through reportedly the world’s longest lockdown because of COVID-19, from easing up and back to further restricting quarantine measures, it would seem that this pandemic has brought both the good and bad out of this government. As the confirmed COVID-19 cases in the Philippines recently breached the 100,000 mark, making the country the number one in Southeast Asia in number of cases, questions whether the government is doing enough swirl around.

In light of the implementation of various community quarantine measures brought about by the COVID-19 pandemic, many business establishments were either prevented from operating or permitted with limited operational capacity. As a result, many entrepreneurs incurred significant financial losses. Due to the uncertainty of the resolution of the pandemic, and to thwart further losses, many businesses were constrained to cease their operation and finally close.

Medical diagnostic kits, legal services, computer software, stem cells, firearms, various clothing items, and beer — these are just some of the goods and services which are the subject of COVID-19-related trademark applications in different jurisdictions all over the world.

In an effort to combat the spread of COVID-19, countries, including the Philippines, have adopted a variety of measures in order to contain and limit the spread of the virus. One of these measures is the closure of the country’s borders to inbound and outbound travel.

Broadcasting, whether by radio or television stations, requires authorization from the government before they can operate. The pre-regulation history of radio and television stations illustrates the need for government intervention, as opposed to other industries such as print media and the Internet. The rationale for the imposition of government regulation is that the airwaves, the medium utilized by broadcast, are not susceptible to appropriation, nor can they be the object of any claim of ownership.

More than two months ago, the Philippines was placed under a nationwide lockdown. Overnight, everything became digital. The traditional classroom set-up became virtual classes, while boardroom meetings, as well as informal gatherings, shifted to video conferencing meetings. Online apps for buying and selling are also utilized, and going cashless has become the preferred mode of payment.

The coronavirus disease 2019 (COVID-19) forced many companies to temporarily close or drastically reduce production and/or services. While restrictions are slowly being lifted, not all establishments have been allowed to operate at full capacity, if at all. Furthermore, people are still discouraged to go out and engage in non-essential activities. This, in turn, affects businesses.

The COVID-19 global pandemic has not only struck people’s health, but also the economy, particularly the labor and employment sector. Based on reports by the International Labor Organization (ILO), COVID-19 is currently having a catastrophic effect globally on working hours and earnings. In the Asia Pacific region alone, the crisis is expected to wipe-out almost 125 million full-time employment or 7.2% of the workforce in the region.*