Names with Attitudes

Names with Attitudes

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...
Compulsory Investment of Branch Offices

Compulsory Investment of Branch Offices

The Revised Corporation Code (RCC), which took effect on Feb. 23 this year, introduced amendments to the otherwise outdated Corporation Code.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...
What Makes A Contract Valid?

What Makes A Contract Valid?

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...
Asian-Mena Counsel – Philippines Jurisdiction Updates 2019

Chambers Global Practice Guide: Trade Marks 2019

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...
Compulsory Investment of Branch Offices

Revisiting Important Concepts in Arbitration

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...
The MOU Between PHL and China and a Timely Revisit of the La Bugal Case

The Struggle with Premature Campaigns

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...

Who is the ‘Real’ Owner?

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...
Chambers Global Practice Guide: Outsourcing 2019

Chambers Global Practice Guide: Outsourcing 2019

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...
Chambers Global Practice Guide: Employment 2019

Chambers Global Practice Guide: Employment 2019

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...

Cybersecurity 2019

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...
The MOU Between PHL and China and a Timely Revisit of the La Bugal Case

The Mental Health Act: A Boon to Filipinos

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...
A Peek into the Revised Corporation Code of the Philippines

Business-minded or business-hindered?

“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...

The TRABAHO Bill:Recurring dilemmas

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...

Video Games and Intellectual Property

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,...

Is ‘tambay’ a crime?

“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....

The PCC’s draft joint venture guidelines

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...

Deriving value from E-Learning platforms

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...
Names with Attitudes

Portrait of a statesman

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...
One Signature Away: What You Need to Know About Senate Bill No. 1826

Legal robots

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...

How to maintain a trademark registration

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...

In funds we trust

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...

Much EndO About Nothing

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...
Asian-Mena Counsel – Philippines Jurisdiction Updates 2019

Right to travel

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...

The TRAIN in the eyes of the DoF and BIR

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...
Compulsory Investment of Branch Offices

Making light of perjury

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...
Names with Attitudes

TRAIN’s bells and alarms

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...
Names with Attitudes

Beware of the short-swing profits rule!

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...

Overtaxed corporations?

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...
Compulsory Investment of Branch Offices

Saving our slice of paradise

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...
Being in the Internet Spotlight and Intellectual Property Rights

Cryptocurrency as security

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...

New IPO Guidelines for patent examination

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...
Being in the Internet Spotlight and Intellectual Property Rights

Bitcoin too good to be true?

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...

Immortality of gift checks

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...