by marc | Nov 13, 2019 | Amicus Curiae, Publications
With the enactment of Republic Act No. 11360, rank-and-file employees of restaurants, hotels and similar establishments are now entitled to 100% of the service charges collected from customers. R.A. No. 11360 — or “An Act Providing that Service Charges Collected by...
by marc | Nov 6, 2019 | Amicus Curiae, Publications
Taxes are integral to any economic policy. Investments flow in and out of the economy based on fiscal incentives as much as human capital. For Philippine Economic Zone Authority (PEZA) locators, investors were enticed to invest in the Philippines with tax incentives,...
by marc | Oct 30, 2019 | Amicus Curiae, Publications
The common practice of advertising services through television, social media, websites, radio and the like, as well as the use of online lending platforms are becoming tools of fraud, leading to the increased number of borrowers falling prey to unlawful acts of...
by marc | Oct 23, 2019 | Amicus Curiae, Publications
According to the 2019 World Bank report, the Philippines ranks 124th out of the 190 economies in terms of ease of doing business. Meanwhile, its neighbors, namely: Malaysia, Vietnam, Singapore, Thailand and Indonesia, rank 15th, 69th, 2nd, 27th, and 73rd,...
by marc | Oct 16, 2019 | Amicus Curiae, Publications
There is no contention that the public has every right to be freely apprised of the laws governing their daily lives. In a democracy, the power of the government to create, interpret, and implement laws is sourced from the people. Thus, “edicts of government” such as...
by marc | Oct 8, 2019 | Amicus Curiae, Publications
In these times when loans are easily available through online consumer financing or other private lending companies, when there is easy access to online cash loans without any collateral requirements, complex approval procedures, or prolonged application waiting time,...
by marc | Oct 2, 2019 | Publications, Others
SHAREPHIL INVESTORS VIEWPOINT – Francis Lim (The Philippine Star) Over the recent past, the media has been abuzz with complaints from the investing public about the price at which publicly listed companies (PLCs) that are going private are buying back their...
by marc | Oct 2, 2019 | Amicus Curiae, Publications
In a global world where cross-border transactions are commonplace, disputes inevitably arise. Considering the difference in the substantive laws and procedures in different jurisdictions, the resolution of these disputes requires multilateral agreement and cooperation...
by marc | Oct 2, 2019 | Amicus Curiae, Publications
In a global world where cross-border transactions are commonplace, disputes inevitably arise. Considering the difference in the substantive laws and procedures in different jurisdictions, the resolution of these disputes requires multilateral agreement and cooperation...
by marc | Sep 30, 2019 | Publications, Others
Christopher Louie D. Ocampo and Paula P. Plaza from the Firm’s Litigation and Dispute Resolution Department co-authored the ASEAN Fintech Ecosystem Benchmarking Study. This study was jointly produced by the Cambridge Centre for Alternative Finance at Cambridge Judge...
by marc | Sep 20, 2019 | Publications, Others
FINEX Folio With the advent of Republic Act No. 11232, otherwise known as the “Revised Corporation Code of the Philippines,” (RCC) which became effective on Feb. 23, one need not assemble a group of at least five individuals in order to establish a Philippine domestic...
by marc | Sep 18, 2019 | Amicus Curiae, Publications
When a farmer needs credit, and whose only asset is the land under patent which he tills, where does he go? Previously, landowners were prohibited under CA (Commonwealth Act) No. 141 from selling or mortgaging their lands for the first five years from the grant of...
by marc | Aug 28, 2019 | Amicus Curiae, Publications
Pronounced a certain way, Doctor Drai does not seem too different from Dr. Dre. However, trademark laws see (or hear) otherwise. In the case of Andre Young v. Draion M. Burch, DO, gynecologist Dr. Draion M. Burch sought to register the “Doctor Drai” mark for obstetric...
by marc | Aug 21, 2019 | Amicus Curiae, Publications
The Revised Corporation Code (RCC), which took effect on Feb. 23 this year, introduced amendments to the otherwise outdated Corporation Code. One of the amendments can be found in Section 143 of the RCC which prescribed the amount of required securities deposit for...
by marc | Jul 31, 2019 | Amicus Curiae, Publications
It is highly illegal to gamble in China save for a few state-run lotteries. To avoid this prohibition, gambling companies operate offshore so that they may continue catering to Chinese nationals who play casino and e-games online. These companies took a sharp interest...
by marc | Jul 24, 2019 | Amicus Curiae, Publications
I have conducted a few lectures on Obligations and Contracts, in partnership with the Department of Trade and Industry, to businesspeople with startups. I noticed that one of the most common misconceptions is that “contracts must always be in writing, otherwise there...
by marc | Jul 23, 2019 | Amicus Curiae, Publications
MAP Insights (Second of three parts) This is an abridged version of the talk I recently gave to the MAP Corporate Governance Committee officers and members on the Revised Corporation Code which was enacted into law on Feb. 20, 2019. “ONE MAN BOARD” AND ONE PERSON...
by marc | Jul 17, 2019 | Amicus Curiae, Publications
Senate Bill No. 1441 seeks to amend the Public Service Act to differentiate a “public service” from a “public utility,” thereby lifting the nationality restriction on the areas of power generation and supply, transportation, broadcasting, and telecommunication, among...
by marc | Jul 16, 2019 | Amicus Curiae, Publications
MAP Insights (First of three parts) This is an abridged version of the talk I recently gave to the MAP Corporate Governance Committee officers and members on the Revised Corporation Code which was enacted into law on Feb. 20, 2019. It had been almost 40 years since...
by marc | Jul 10, 2019 | Amicus Curiae, Publications
For quite a number of us, a significant chunk of the things we learn comes from the internet. The internet will likely have information that will satisfy an individual’s intellectual desires. A popular source of information are online video blogs or vlogs. These vlogs...
by marc | Jun 26, 2019 | Amicus Curiae, Publications
On Nov. 20, 2018, the Philippines and China entered into a Memorandum of Understanding (MOU) on Cooperation on Oil and Gas Development. Premised on the Charter of the United Nations, the United Nations Convention on the Law of the Sea (UNCLOS), and the 2002...
by marc | Jun 26, 2019 | Amicus Curiae, Publications
On Nov. 20, 2018, the Philippines and China entered into a Memorandum of Understanding (MOU) on Cooperation on Oil and Gas Development. Premised on the Charter of the United Nations, the United Nations Convention on the Law of the Sea (UNCLOS), and the 2002...
by marc | Jun 19, 2019 | Amicus Curiae, Publications
Just last year, much controversy arose upon the emergence of Senate Bill No. 1826 (SB 1826), or the bill on the Security of Tenure and End of Endo Act, which proposed several changes in the Labor Code provisions on contracting arrangements and employment...
by marc | Jun 18, 2019 | Publications, Others
Competition law is a growing field of practice in the Philippines. Francisco Ed. Lim, Eric R. Recalde, Korina Ana T. Manibog contributed an article to Asian Mena Counsel’s publication providing updates to lawyers in the Philippines and foreign jurisdictions. Mr. Lim...
by marc | Jun 11, 2019 | Publications, Others
Intellectual property law is a specialized field of practice. The Firm’s Intellectual Property Department is well-versed with developments in this field. The Firm’s Victor Basilio N. De Leon, Richmond K. Lee, Jose Eduardo T. Genilo, and Joan Janneth M. Estremadura...
by marc | Jun 11, 2019 | Publications, Others
Renz J. Pagayanan and Agustin P. Geraldez are lawyers from the Firm’s Corporate and Special Projects Department. They contributed articles to the Asian-Mena Counsel’s publication on updates in Philippine laws. The Corporation Code was recently amended and the salient...
by marc | Jun 5, 2019 | Amicus Curiae, Publications
The Department of Labor and Employment (DOLE), together with the Social Security System (SSS) and the Civil Service Commission (CSC), recently laid out the Implementing Rules of the newly-minted Expanded Maternity Leave Law, although the law itself already became...
by marc | Jun 1, 2019 | Publications, Others
Our Firm’s Intellectual Property Department contributed the Philippine Chapter on Trade Marks. Chambers Global Practice Guide on Trade Marks provides a useful overview on applicable Philippine laws. John Paul M. Gaba, Richmond K. Lee, Jose Eduardo T. Genilo and Maria...
by marc | May 29, 2019 | Amicus Curiae, Publications
Alternative dispute resolution methods or ADRs, i.e., arbitration, mediation, conciliation among others, “are encouraged by the Supreme Court, since by enabling the parties to resolve their disputes amicably, they provide solutions that are less time-consuming, less...
by marc | May 22, 2019 | Amicus Curiae, Publications
“Moonwalk” is a dance move popularized by the King of Pop, Michael Jackson. It is his signature dance move which catapulted him into stardom. Aside from Jackson, other celebrities and figures (whether living persons or “inanimate entities/objects”) have distinctive...
by marc | May 15, 2019 | Amicus Curiae, Publications
Early this year, the Philippine Competition Commission (PCC) Enforcement Office launched a leniency/whistleblower program offering immunity from suit and reduction of fines to cartel members who will provide information that will help the PCC investigate and prosecute...
by admin | Mar 20, 2019 | Amicus Curiae, Publications
In this digital world, mobile phones are a necessary part of our daily lives. As we become heavily dependent on these gadgets for communication and for the accomplishment of our daily task, we encounter some service issues and technical glitches, including...
by admin | Mar 13, 2019 | Amicus Curiae, Publications
On 20 February 2019, President Rodrigo Duterte signed into law Republic Act No. 11232, otherwise known as the Revised Corporation Code of the Philippines (the “New Code”), which may be considered as a landmark legislation updating the 38-year-old Corporation Code of...
by admin | Feb 28, 2019 | Amicus Curiae, Publications
One who has experienced an election or two will probably be familiar with the term “premature campaigning,” and what it means. Generally, we understand it to be the situation where prior to the official start of the campaign period (90 days for national election; 45...
by admin | Feb 13, 2019 | Amicus Curiae, Publications
In an effort to increase transparency in the beneficial ownership and control of domestic corporations — and to prevent their misuse for money laundering, organized crime and terrorists financing purposes, the Securities and Exchange Commission (“SEC”), pursuant to...
by admin | Feb 6, 2019 | Amicus Curiae, Publications
Indigenous peoples (IPs) and indigenous cultural communities (ICCs), though explicitly protected under the Constitution itself, sadly remain one of the most marginalized and forgotten sectors in Philippine society. Most often than not, IPs and ICCs are known for their...
by admin | Jan 30, 2019 | Amicus Curiae, Publications
Recently, Congress decided to strengthen the Office of the Solicitor General (OSG) by passing the proposed OSG law. The Senate and the House of Representatives gave their own versions of the bill, and later came to a compromise, after the bicameral conference...
by admin | Jan 9, 2019 | Amicus Curiae, Publications
In the Philippines, employees are subject to normal working hours of not exceeding 8 hours a day, for 6 days per week. It seems that our laws made it this way to provide employees ample time for rest and recreation after a hard day’s work. However, with the...
by marc | Dec 15, 2018 | Publications, Others
The Philippines is known for the growing industry of business process outsourcing entities. The Philippine Chapter of Chambers Global Practice Guide on Outsourcing is a useful tool in understanding local regulations. Emerico O. De Guzman, Neptali B. Salvanera, Erwin...
by marc | Dec 12, 2018 | Publications, Others
Throughout 2018, the Firm’s lawyers contributed to Asia-Mena Counsel’s initiatives to updates its members on the evolving laws in different jurisdictions. These articles covered significant changes in the fields of criminal litigation, administrative law...
by marc | Nov 19, 2018 | Publications, Others
Emerico O. De Guzman, Clarence Darrow C. Valdecantos, Joy Anne C. Leong-Pambid and Gilyen Ezra Marie L. Li contributed the Philippine chapter on Employment for the 2019 edition of the Chambers Global Practice Guide on Employment. Mr. De Guzman is the Firm’s...
by marc | Oct 26, 2018 | Publications, Others
Leland R. Villadolid Jr. and Arianne T. Ferrer authored the Philippine chapter on Cybersecurity. The chapter identifies and defines crimes related to cybersecurity and other incidents involving IT systems, infrastructure, communications networks, devices and data. It...
by admin | Oct 24, 2018 | Amicus Curiae, Publications
With the alarming increase of mental health illnesses today, with more than 300 million people suffering from depression alone according to the World Health Organization, the enactment of Republic Act No. 11032 or the Mental Health Act last 20 June 2018 is a boon to...
by admin | Oct 18, 2018 | Amicus Curiae, Publications
Entities and individuals covered by Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012 (“DPA”) were required to register with the National Privacy Commission (“NPC”) in two (2) phases: (1) the appointment of a Data Protection Officer by last 09...
by admin | Oct 3, 2018 | Amicus Curiae, Publications
“A lot of people have ideas, but there are few who decide to do something about them now. Not tomorrow. Not next week. But today. The true entrepreneur is a doer, not a dreamer.” — Nolan Bushnell, Entrepreneur The art of growing a country’s economy is akin to solving...
by admin | Sep 26, 2018 | Amicus Curiae, Publications
On 27 July 2018, the Honorable Secretary of Labor and Employment Silvestre H. Bello signed Department Order No. 195, Series 2018 (“D.O. 195-18”), entitled “RULE AMENDING SECTION 10 OF RULE VIII OF THE IMPLEMENTING RULES AND REGULATIONS OF THE LABOR CODE ON WAGE...
by marc | Sep 20, 2018 | Amicus Curiae, Publications
Say goodbye to the red ribbons. The Philippines on September 12 deposited the instruments of Philippine accession to the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents. Better known as the Hague Apostille...
by admin | Sep 5, 2018 | Amicus Curiae, Publications
WHILE few of us were watching, the House Committee on Ways and Means approved on Aug. 7 the substitute bill for the second package of the Tax Reform for Acceleration and Inclusion (TRAIN), which is now known as the Tax Reform for Attracting Better and High-quality...
by admin | Aug 29, 2018 | Amicus Curiae, Publications
LAST Aug. 26, 2018, the international gaming community watched intently as two of the world’s best DOTA2 teams went head to head for the championship title of The International 2018 (TI8), the biggest annual competition in the e-sports universe. OG emerged victorious,...
by admin | Aug 9, 2018 | Amicus Curiae, Publications
“I dle, shiftless and worthless man who made no attempt to follow any legal calling, and whose habits of life were those of an immoral and dissolute good for nothing.” This is how Justice Carson described a man guilty of vagrancy. A decade after its enactment, Act No....
by admin | Aug 2, 2018 | Amicus Curiae, Publications
Corporate governance is a system of rules and policies by which a company is directed and controlled. It influences the behavior of the company including how risks are managed and how objectives are set. In the past decade, the interest in corporate governance,...
by admin | Jul 19, 2018 | Amicus Curiae, Publications
Just recently, the Philippine Competition Commission (PCC) published the draft Joint Venture Guidelines (Draft Guidelines) aimed to help businesses determine when a joint venture shall be subject to compulsory notification pursuant to its power to issue guidelines on...
by admin | Jul 10, 2018 | Amicus Curiae, Publications
Business is an ever-changing landscape. It finds ways to create assets, improve what has been already done, and maximize utility at the least possible cost. What organizations often disregard is the value of knowledge and training — the value of creating an avenue for...
by admin | Jul 4, 2018 | Amicus Curiae, Publications
Bureaucracy teaches us two things: to wait and to execute everything in triplicate. “Red tape” has since evolved from the practice of Charles V, King of Spain and Holy Roman Emperor, of using red ribbon to identify important state documents. Now, it describes a system...
by admin | Jun 27, 2018 | Amicus Curiae, Publications
Consumer personal data has played an increasingly pivotal role in many markets and economies. Companies like Grab and Air BnB have grown their respective businesses not by acquiring tangible properties but by banking on information given to them by their clienteles....
by admin | May 31, 2018 | Publications, Point of Law
On May 13, 2018, the nation mourned the loss of one of the greatest statesmen to have served the country: Sen. Edgardo J. Angara. Angara, fondly known as “Ed,” “Edong,” “SEJA,” PEJA or “EJA,” lived a full and robust life. In his long career, he has been credited as an...
by admin | May 30, 2018 | Amicus Curiae, Publications
One of the policy declarations of the Philippine Competition Act (Republic Act No. 10667, or the PCA) is to “[p]enalize all forms of anti-competitive agreements, abuse of dominant position and anti-competitive mergers and acquisitions, with the objective of protecting...
by admin | May 25, 2018 | Publications, Point of Law
In the past, it was thought that only simple jobs could be replaced by technology. However, with the onset of artificial intelligence (AI), even work which requires legal analysis is about to face stiff competition. This is true for the legal profession whose customer...
by admin | May 25, 2018 | Amicus Curiae, Publications
To maintain a trademark registration with the Philippine Intellectual Property Office (IPOPHL), the registrant must use the mark in commerce and submit a Declaration of Actual Use. This is an affidavit that details information on the registered trademark and the goods...
by admin | May 17, 2018 | Amicus Curiae, Publications
The Securities and Exchange Commission (SEC), recognizing the financial sophistication of trust funds, released on April 20, the proposed rules and regulations on determining whether a trust fund is a qualified buyer (Proposed Rules). To put things into context, under...
by admin | May 9, 2018 | Amicus Curiae, Publications
German-American socialist editor and author, Oscar Ameringer, once said: “Politics is the gentle art of getting votes from the poor and campaign funds from the rich, by promising to protect each from the other.” This is, indeed, a tough balancing act if at all...
by admin | May 3, 2018 | Publications, Point of Law
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...
by admin | May 2, 2018 | Amicus Curiae, Publications
Almost four (4) years have lapsed since the Enhanced Basic Education Act of 2013, or Republic Act 10533 (RA 10533), introduced the Enhanced Basic Education Program or the K to 12 to the Philippines. By now, we have our first graduates of the K-to-12 Program. Upon the...
by admin | Apr 19, 2018 | Publications, Point of Law
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...
by admin | Apr 18, 2018 | Amicus Curiae, Publications
The law cannot just be gauged on the basis of its provision. One should consider how its administrator views it. It should be recalled Congress recently passed the Tax Reform for Acceleration and Inclusion (TRAIN) Act, with the veto of its certain provisions. It would...
by admin | Apr 13, 2018 | Amicus Curiae, Publications
The National Privacy Commission (NPC) recently extended the deadline to submit the Annual Security Incident Report for all security incidents occurring in 2017, to June 30, 2018. The NPC had previously issued the Guidelines on Security Incident and Personal Data...
by admin | Apr 5, 2018 | Publications, Point of Law
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...
by admin | Apr 4, 2018 | Amicus Curiae, Publications
As the deadline for filing our annual income tax return (ITR) is fast approaching, it is fitting to remind ourselves of the legal requirements, including those changes brought about by the TRAIN law. The official deadline for the filing of ITRs is the 15th day of the...
by admin | Mar 28, 2018 | Amicus Curiae, Publications
Under the Build, Build, Build program, the government intends to spend $158 billion over the next five years in public infrastructure projects. This means that by end of President Duterte’s term in 2022, infrastructure spending will reach around 7.3% of GDP, a...
by admin | Mar 22, 2018 | Publications, Point of Law
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...
by admin | Mar 13, 2018 | Amicus Curiae, Publications
On Oct. 18, 2017, the Secretary of the Department of Labor and Employment (DoLE) Silvestre H. Bello III issued Department Order (DO) 184, Series of 2017, entitled “Safety and Health Measures for Workers Who, By the Nature of their Work, Have to Spend Long Hours...
by admin | Mar 8, 2018 | Publications, Point of Law
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...
by admin | Mar 7, 2018 | Amicus Curiae, Publications
In today’s business community, corporations abound and are still growing in number. In many cases, entrepreneurs opt to conduct business as a corporate entity because of its obvious advantages. For one, a corporation makes projects requiring huge investments more...
by admin | Feb 28, 2018 | Amicus Curiae, Publications
Businesses have continued to rely heavily on the use of Information Technology (IT) for efficient delivery of products and services in response to emerging market trends and evolving client needs. However, as financial institutions tend to keep pace, there is also an...
by admin | Feb 22, 2018 | Publications, Point of Law
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...
by admin | Feb 20, 2018 | Amicus Curiae, Publications
Constitutions are the fundamental law of every nation. They put in place basic tenets and forms of government to be observed in the country. The Philippine Constitution is no different. One of the vital portions of our Constitution provides us with the three branches...
by admin | Feb 13, 2018 | Amicus Curiae, Publications
On Jan. 29, House Bill 6779 or “An Act Recognizing the Civil Effects of Church Annulment Decrees” was approved on its third and final reading in the House of Representatives where 203 out of 292 members of the House voted in its favor. Under the bill, an annulment...
by admin | Feb 8, 2018 | Publications, Point of Law
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...
by admin | Feb 7, 2018 | Amicus Curiae, Publications
In line with its goal to deliver timely and quality patents, utility models and industrial designs, the Intellectual Property Office of the Philippines (IPO) recently released the Manual for Patent Examination Procedure (MPEP). The MPEP describes in detail certain...
by admin | Jan 31, 2018 | Amicus Curiae, Publications
Crowdfunding (CF) platforms have proven to be a popular way to solicit charitable donations and to raise funds for projects or business ventures. With CF platforms, access to funds has expanded for start-up companies and for micro, small, and medium enterprises...
by admin | Jan 24, 2018 | Amicus Curiae, Publications
The implementation of the Renewable Portfolio Standards (RPS) is an important development for the Renewable Energy (RE) Market, and impacts the public as a whole. Republic Act No. 9513 or the Renewable Energy Law gives both fiscal and non-fiscal incentives to...
by admin | Jan 18, 2018 | Publications, Point of Law
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...
by admin | Jan 17, 2018 | Amicus Curiae, Publications
During the last Holiday Season, it was not unusual for companies, firms and even individuals to give gift checks, gift certificates, or gift cards to their clients, employees, friends and loved ones. This practice is now widely accepted in lieu of giving an actual...
by admin | Jan 10, 2018 | Amicus Curiae, Publications
Consistent with the efforts of the Duterte administration to stop endo and promote regulation, the Department of Labor and Employment (DoLE) recently promulgated Department Order No. 183, Series of 2017, known as the Revised Rules on the Administration and Enforcement...
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