by marc | Oct 20, 2021 | Amicus Curiae, Publications
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...
by marc | Oct 13, 2021 | Amicus Curiae, Publications
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...
by marc | Sep 29, 2021 | Amicus Curiae, Publications
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...
by marc | Sep 22, 2021 | Amicus Curiae, Publications
No person shall be deprived of his life, liberty, or property without due process of law1. 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...
by marc | Sep 20, 2021 | Amicus Curiae, Publications
The gig economy involves work done in digital labor platforms which includes both web-based platforms, where work is outsourced through an open call to a geographically dispersed crowd (crowdwork), and through location-based apps (work on-demand via apps) which...
by marc | Sep 7, 2021 | Amicus Curiae, Publications
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...
by marc | Aug 31, 2021 | Amicus Curiae, Publications
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....
by marc | Aug 31, 2021 | Amicus Curiae, Publications
When Revenue Regulations (“RR”) No. 9-2021 was issued, the Philippine Economic Zone Authority (“PEZA”) registered enterprises became concerned as their once VAT zero-rated local purchases will be subject to 12% VAT starting on June 27, 2021. Due to this, PEZA sought...
by marc | Aug 10, 2021 | Amicus Curiae, Publications
It was reported in the news recently, that CNN in New York, USA fired three employees who violated company policy by reporting for work unvaccinated against the COVID-19 virus1. Jeff Zucker, CNN chief, was reported to have said that CNN has a zero-tolerance policy on...
by marc | Aug 4, 2021 | Amicus Curiae, Publications
Play-to-Earn games have been gaining traction recently. With popular games like Axie Infinity and My Defi Pet, users are drawn to the unique selling proposition that one can earn money as they play. In a nutshell, Play-to-Earn games involve the use of Non-Fungible...
by marc | Jul 28, 2021 | Amicus Curiae, Publications
Almost four years after the death of Kian delos Santos, a 17-year-old student who allegedly fought back yet shown in a CCTV footage to have helplessly died in the hands of our own law enforcement officers, the growing clamor for transparency and accountability in the...
by marc | Jul 14, 2021 | Amicus Curiae, Publications
Management prerogative refers to every employer’s inherent right to regulate, according to his own discretion and judgment, all aspects of employment, including hiring, work assignments, working methods, the time, place and manner of work, work supervision, transfer...
by marc | Jul 8, 2021 | Publications, Others
ACCRALAW contributed to the Legal 500’s 2021 Country Comparative Guide for Litigation. The Guide provided an overview of the rules of procedure governing commercial litigation in the Philippines, the enforcement of foreign judgments, collective redress mechanisms, and...
by marc | Jun 30, 2021 | Amicus Curiae, Publications
When the President announced stricter quarantine measures in the National Capital Region and its nearby provinces last March, people were mandated to observe strict home quarantine thereby restricting movement to accessing essential goods and services1. The stricter...
by marc | Jun 16, 2021 | Amicus Curiae, Publications
In 10 November 2020, the Supreme Court en banc promulgated its decision in Gomez v. People, effectively reshaping the tides of judicial policy. In Gomez, the Supreme Court discussed whether the absence of the City Prosecutor’s signature and approval in an Information...
by marc | Jun 1, 2021 | Amicus Curiae, Publications
Perhaps never in the history of the Philippines have we been made to provide personal information as frequently as during this pandemic. Almost everywhere we go, we are required to have our contact tracing apps scanned or we may have to manually fill in some logbook...
by marc | May 25, 2021 | Amicus Curiae, Publications
It has always been the policy of the Philippines to prioritize the welfare of Filipino workers in the country. Following the mandate of the Labor Code of the Philippines, employers may only engage the services of a non-resident alien upon a determination that there is...
by marc | May 18, 2021 | Amicus Curiae, Publications
Over the past decade, we have seen the democratization of content creation as social media outfits like Facebook, YouTube, Instagram, and Twitter provide artists, vloggers, influencers, and content creators platforms to express themselves and build personal brands....
by marc | May 11, 2021 | Amicus Curiae, Publications
The value-added tax (VAT) is only imposed if the goods or services are “destined” for local consumption. There is no VAT when they are meant for consumption abroad. Our system follows the so-called destination principle insulating exporters and export-oriented...
by marc | May 4, 2021 | Amicus Curiae, Publications
More than a year into the COVID-19 pandemic, it is already indubitable by now that the adverse impact is not only on the health and safety of the populace but their livelihood as well. The Philippines in particular, has imposed one of the longest, if not the longest,...
by marc | May 3, 2021 | Publications, Others
Written in question and answer format, the Legal 500 Country Comparative Guide on Public Procurement provides an overview of public procurement procedures in various jurisdictions worldwide. The Firm’s Melissa G. Velarde, Maria Angeline L. Tayag, Michael Ryan...
by marc | Apr 20, 2021 | Amicus Curiae, Publications
The vaccination program in the Philippines is currently underway, but it seems that the virus is spreading faster than the government can vaccinate its people. One of the solutions proposed to ease the burden from the government and augment its current efforts is to...
by marc | Apr 14, 2021 | Amicus Curiae, Publications
The surge in the COVID-19 cases in the country comes with an increase in the morbidity and mortality rate. To curb the devastating effects of the virus, one concrete solution is to vaccinate the populace against the SARS CoV-2 virus. The limited supply of the...
by marc | Apr 7, 2021 | Amicus Curiae, Publications
To mitigate the dire financial and economic effects brought about by the COVID-19 pandemic, Congress enacted Republic Act No. 11534 otherwise known as the Corporate Recovery and Tax Incentives for Enterprises Act or CREATE. CREATE, which was signed by the President on...
by marc | Apr 6, 2021 | Publications, Others
ACCRALAW contributed the responses for the Philippines to Littler’s quick guide on the applicable COVID-19 restrictions in the Asia-Pacific region. Its guide is entitled “Littler’s APAC At a Glance: COVID-Related Restrictions”. The summary aims to “provide...
by marc | Apr 5, 2021 | Publications, Others
ACCRALAW contributed the Philippine chapter of Lending & Secured Finance published by The Legal 500. The guide aims to provide foreign lenders a concise summary of the important laws and regulations in different jurisdictions. Senior Partner Judy Hao, Partners...
by marc | Mar 23, 2021 | Amicus Curiae, Publications
On Nov. 11, 2020, the Supreme Court promulgated a landmark decision involving the fundamental equality between women and men before the law. In Alanis v. Court of Appeals, the Supreme Court ruled on a legitimate child’s right to use and adopt his mother’s maiden name...
by marc | Mar 16, 2021 | Amicus Curiae, Publications
You are driving your car on your way home when you encounter a group of police officers by the side of road who signal you to stop. You comply with the order and stop somewhere near their group. One of the officers approaches your car, taps at your window, and then...
by marc | Mar 9, 2021 | Amicus Curiae, Publications
On March 3, the secretary of the Department of Labor and Employment (DoLE) Silvestre H. Bello III issued Department Order (DO) 224-21 Series of 2021 entitled “Guidelines on Ventilation for Workplaces and Public Transport to Prevent and Control the Spread of COVID-19.”...
by marc | Mar 2, 2021 | Amicus Curiae, Publications
In the book Why Nations Fail: The Origins of Power, Prosperity, and Poverty by Daron Acemoglu and James A. Robinson, the authors argue that the prosperity of a nation is not primarily based on geography, climate, or culture. The authors, rather, point to the existence...
by marc | Feb 23, 2021 | Amicus Curiae, Publications
Since the promulgation of the Implementing Rules and Regulations for the Data Privacy Act (DPA) on Aug. 24, 2016, the National Privacy Commission (NPC) has always emphasized that one of the guiding principles of the DPA is the empowerment of individuals to have...
by marc | Feb 16, 2021 | Amicus Curiae, Publications
In the beginning of the COVID-19 (coronavirus disease 2019) pandemic, strict government regulations were imposed as an attempt to stem the transmission of the virus. These restrictions required business establishments to put their workplace operations on hold, save...
by marc | Feb 9, 2021 | Amicus Curiae, Publications
In a few weeks from now, Metro Manila and parts of the country will mark their first anniversary of being placed under some form of community quarantine. At least until the end of February, Metro Manila and seven other major cities or regions will remain under the...
by marc | Feb 3, 2021 | Amicus Curiae, Publications
On 20 January 2021, Former United States Vice President Joseph R. Biden was finally sworn in as the 46th President of the United States of America. However, his path towards the presidency was not without its challenges. Aside from the campaign obstacles brought by...
by marc | Jan 25, 2021 | Publications, Others
CREATE (Corporate Recovery and Tax Incentives for Enterprises Act) has been certified for immediate passage by March 9. It is up to Congress to meet this deadline. Why the rush? The deadline is set in March when most companies finalize their financial statements and...
by marc | Jan 19, 2021 | Amicus Curiae, Publications
In a recent survey conducted by the Department of Labor and Employment (DOLE) and the Philippine Statistics Authority (PSA), about 1.4 million Filipinos are working as domestic workers or “kasambahay.” They consist of about 3.2% of the labor force in the Philippines...
by marc | Jan 12, 2021 | Amicus Curiae, Publications
As we begin a new year, most corporations would have to go through the usual process of electing their directors or trustees and officers. Previously, meetings were mostly in-person, but such proved to be difficult, if not unsafe, given the pandemic and the...
by marc | Dec 22, 2020 | Amicus Curiae, Publications
Online retail and other e-commerce services are now a mainstay of Philippine commerce. The exponential rise and consequent prevalence of online purchases are partly due to the COVID-19 pandemic lockdowns that have constrained the everyday consumer to stay at home....
by marc | Dec 16, 2020 | Amicus Curiae, Publications
Undeniably, the COVID-19 pandemic impacted the lives of everyone. Yet, among those who have been affected to a much greater degree are contractual workers, who, during these uncertain times, earnestly hope for the regularization of their jobs. Amid the crisis, the...
by marc | Dec 1, 2020 | Amicus Curiae, Publications
With the Philippine economy battling a raging pandemic, there is a great imperative to help business entities weather the crisis by easing the process of doing business. Cognizant of this, the Anti Red Tape Authority (ARTA) issued Memorandum Circular No. 6 Series of...
by marc | Nov 24, 2020 | Amicus Curiae, Publications
The Philippines prides itself on its tropical weather, pristine beaches, thousand islands, scenic natural wonders, delicious local cuisine, and hospitable people, making it one of the most sought-after travel destinations for tourists looking for recreation and...
by marc | Nov 17, 2020 | Amicus Curiae, Publications
One thing that has thrived during this pandemic is online shopping. While e-commerce platforms were already a booming industry before the pandemic, their appeal has steadily increased since because of the convenience and safety they provide. Indeed, the words “Add to...
by marc | Nov 10, 2020 | Amicus Curiae, Publications
On Oct. 23, the Honorable Secretary of the Department of Labor and Employment (DoLE), Silvestre H. Bello, signed Department Order No. 215 Series of 2020 (DO No. 215-20) entitled, “Rule Amending Section 12 of Rule I, Rules Implementing Book VI of the Labor Code on...
by marc | Oct 27, 2020 | Amicus Curiae, Publications
Often quoted in cases involving searches and seizures is the principle that “a man’s home is his castle.” This principle finds its roots in the Constitutional right of all citizens to be secure in their homes and to privacy. At the start of the second quarter of this...
by marc | Oct 27, 2020 | Amicus Curiae, Publications
Currently, around 90,000 businesses*, including 6% of micro, small and medium enterprises**, remain closed due to the more than six-month community quarantine imposed in the National Capital Region and several provinces to prevent the ongoing spread of COVID-19.***...
by marc | Oct 20, 2020 | Amicus Curiae, Publications
As the country continues to confront different issues brought about by the coronavirus disease 2019 (COVID-19) pandemic, the Department of Education (DepEd) is addressing the challenges in the basic education for the school year 2020-2021 through its Basic Education...
by marc | Oct 14, 2020 | Amicus Curiae, Publications
For the last few weeks, we have been witnesses to a highly contentious, if not bitter, speakership race between former Speaker Alan Peter Cayetano and newly elected Speaker Marinduque Rep. Lord Allan Velasco. This bitter fight stems from the highly publicized...
by marc | Oct 6, 2020 | Amicus Curiae, Publications
Republic Act No. 11232, otherwise known as the Revised Corporation Code of the Philippines (RCC), became effective on Feb. 23, 2019. One of its salient features is the provision on institutionalizing arbitration of intra-corporate disputes — conflicts arising from...
by marc | Sep 29, 2020 | Amicus Curiae, Publications
The COVID-19 pandemic has highlighted a heavy sense of global discord. State leaders are expected to come up with national policies that would prevent economic collapse and, at the same time, adopt the necessary health measures to combat the spread of the virus. While...
by marc | Sep 22, 2020 | Amicus Curiae, Publications
On Aug. 15, President Rodrigo Duterte approved the recommendation of Department of Education Secretary Leonor Briones to defer the opening of classes from Aug. 24 to Oct. 5 in view of the COVID-19 pandemic. This postponement reflects the challenges faced by the...
by marc | Sep 18, 2020 | Publications, Others
The Chambers International Arbitration 2020 Guide offers “expert legal commentary on tribunals, preliminary and interim relief, collection and submission of evidence, confidentiality, types of remedies, class actions, the New York Convention, and grounds for appeal...
by marc | Sep 15, 2020 | Amicus Curiae, Publications
The year 2020 has brought to us a forced awareness of health matters, both on a public and private plane. Indeed, we have not seen in modern history such a paralysis brought about by an ancient enemy, which has pretty much held the whole world hostage. But world...
by marc | Sep 11, 2020 | Publications, Others
The Chambers Employment 2020 Guide, written in two parts, Law and Practice, and Trends and Developments, outlines the “legislative action taken to address the COVID-19 pandemic, non-competition and non-solicitation clauses, data privacy, foreign workers, unions,...
by marc | Sep 3, 2020 | Publications, Others
What legal considerations do firms need to be aware of when letting staff members go during a pandemic? And is a zoom or skype call the best way to break the news? The Labour Advisory No.1, Series of 2020, of the Department of Labour and Employment (DOLE) states that...
by marc | Sep 1, 2020 | Amicus Curiae, Publications
As soon as the effects of COVID-19 were felt, people have craved for the same thing: a duplicate of the life before the global pandemic. To satisfy this (with minimal physical contact as much as possible), people have resorted to electronic means to carry on their...
by marc | Aug 25, 2020 | Amicus Curiae, Publications
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...
by marc | Aug 11, 2020 | Amicus Curiae, Publications
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...
by marc | Aug 4, 2020 | Amicus Curiae, Publications
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...
by marc | Jul 28, 2020 | Amicus Curiae, Publications
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...
by marc | Jul 26, 2020 | Publications, Others
Labor Advisory No.1, Series of 2020, of the Department of Labor and Employment (DOLE) prescribes that “employees who fail or refuse to work by reason of imminent danger resulting from natural or man-made calamity shall not be … subject to any administrative sanction”....
by marc | Jul 22, 2020 | Publications, Others
The 2020 International Comparative Legal Guide on Outsourcing offers a “practical cross-border insight into outsourcing law”. The chapter on the Philippines was contributed by ACCRALAW. This chapter describes the country’s regulatory framework and legal structure. It...
by marc | Jul 21, 2020 | Amicus Curiae, Publications
Seemingly straight out of an episode of The Twilight Zone, the current reality does not feel real. The Asian Development Bank estimated earlier this year that 87,000 to 252,000 jobs would be lost in the Philippines due to COVID-191; this was an understatement, to say...
by marc | Jul 14, 2020 | Amicus Curiae, Publications
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....
by marc | Jul 7, 2020 | Amicus Curiae, Publications
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...
by marc | Jun 23, 2020 | Amicus Curiae, Publications
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...
by marc | Jun 16, 2020 | Amicus Curiae, Publications
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....
by marc | Jun 10, 2020 | Publications, Others
Written in question and answer format, the Legal 500 Country Comparative Guide on Litigation provides an overview of the rules or procedure and legal processes. For the Philippines, ACCRALAW provided the answers to familiarize companies and in-house counsels with the...
by marc | Jun 9, 2020 | Amicus Curiae, Publications
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...
by marc | Jun 2, 2020 | Amicus Curiae, Publications
Within just two months, the way we lived our lives has immensely changed. Essentially everything is now done within the confines of one’s home, be it work, exercise, or hobbies. For the privileged, the daily routine includes time for binge-watching different series,...
by marc | May 26, 2020 | Amicus Curiae, Publications
While the coronavirus disease (COVID-19) knows no nationality or race, most countries have taken the approach, among others, of closing their respective borders to prevent it from spreading. The Philippines, which is home to a multitude of foreign nationals with...
by marc | May 19, 2020 | Amicus Curiae, Publications
Under Section 39 of the Revised Corporation Code (RCC), a corporation may, by a majority vote of its board of directors or trustees, sell or otherwise dispose of its property and assets, upon such terms and conditions and for such consideration as its board of...
by marc | May 12, 2020 | Amicus Curiae, Publications
With reports and narratives about discrimination and harassment of suspect, probable, and confirmed cases of coronavirus disease 2019 (COVID-19) — including calls to make the personal information of these cases available to the general public — circulating heavily...
by marc | May 5, 2020 | Amicus Curiae, Publications
Undeniably, the enhanced community quarantine (ECQ), which was imposed by the National Government in the entirety of Luzon, and by different local government units (LGUs) in the other parts of the Philippines, has saved many lives. In its latest report, the University...
by marc | Apr 21, 2020 | Amicus Curiae, Publications
What is Instagram in a pandemic? It may be coffee-related arm exercises, or floating quiz boxes. It can be people singing and Lennon turning in his grave. It can also be a study on rights and nuances in the protection and limitation thereof. In 2016, Mashable, Inc....
by marc | Apr 19, 2020 | Publications, Others
No different from other countries in the world, the Philippines continues to fight the COVID-19 pandemic. The Office of the President, Congress, and different government agencies have promulgated various issueance to guide all affected individuals, businesses and...
by marc | Apr 14, 2020 | Amicus Curiae, Publications
The coronavirus disease 2019 (COVID-19) is a novel and highly infectious disease which was unknown before the outbreak began in Wuhan, China last December. However, in 2020, the rapid spread of the contagious disease claimed thousands of lives worldwide causing global...
by marc | Apr 7, 2020 | Amicus Curiae, Publications
These days, the future appears blurry due to COVID-19. We, in the Philippines, have not been spared from its ill-effects. With the enhanced community quarantine (ECQ) and other preventive measures being implemented, the usual routines of students, workers and...
by marc | Mar 31, 2020 | Amicus Curiae, Publications
With the worsening COVID-19 outbreak, President Rodrigo Duterte has shifted gears. What began as a mere entreaty to the private sector to extend bills payments, grant reprieves on rental fees to alleviate day-to-day worries of the everyman, has now morphed into...
by marc | Mar 24, 2020 | Amicus Curiae, Publications
The World Health Organization (WHO) has declared the coronavirus disease 2019 (COVID-19) a pandemic and people around the globe are understandably very worried, if not in a state of panic. In the Philippines, in an effort to quell the upward surge in infections...
by marc | Mar 11, 2020 | Amicus Curiae, Publications
The 1987 Constitution requires the State to protect and promote the right of all citizens to quality education at all levels, and to take appropriate steps to make such education accessible to all. It reflects the State’s policy to adopt a more inclusive educational...
by marc | Mar 4, 2020 | Amicus Curiae, Publications
With the end in view of keeping abreast of changing times and easing doing business in the Philippines, the Revised Corporation Code (RCC) introduced the concept of a corporation with a single stockholder. Under the RCC, a natural person, trust, or an estate can now...
by marc | Feb 26, 2020 | Amicus Curiae, Publications
The extraordinary writ of quo warranto has been raised to public consciousness again recently that it begs to be understood further. It will be recalled that an action for quo warranto was filed by the Office of the Solicitor General (OSG) a couple of years ago to...
by marc | Feb 19, 2020 | Amicus Curiae, Publications
Following the World Health Organization’s declaration of the 2019 novel coronavirus (renamed COVID-19) outbreak as a public health emergency, the Philippine government on Feb. 2 deemed it prudent to implement a temporary travel ban against all foreign nationals coming...
by marc | Feb 12, 2020 | Amicus Curiae, Publications
As early as Dec. 31, 2019, the World Health Organization (WHO) was informed of the steadily increasing number of cases of pneumonia of unknown etiology detected in Wuhan City, Hubei Province of China. Over the next three weeks, researchers connected the spread of the...
by marc | Feb 5, 2020 | Amicus Curiae, Publications
Much has been said about the feature of the Revised Corporation Code (RCC) allowing corporations to have perpetual existence under Section 11 of the RCC. Yet, there is also a nifty feature tucked in under the same section allowing the revival of those corporations...
by marc | Jan 29, 2020 | Amicus Curiae, Publications
On Jan. 12 — nearly half a century after its last eruption — Taal Volcano had a phreatic eruption, causing ash to fall on numerous cities and necessitating the evacuation of families living near the volcano. With the sudden turn of events, immediate evacuation and...
by marc | Jan 22, 2020 | Amicus Curiae, Publications
How difficult is it to do business in the Philippines in comparison to other economies? One way to answer this complex question is to look at the annual Ease of Doing Business Index issued by the World Bank. As its name suggests, the Index ranks almost all the world’s...
by marc | Jan 15, 2020 | Amicus Curiae, Publications
To quote Former Chief Justice Artemio Panganiban: “Trial courts are the dispensers of justice closest to the poor.” But when the demand for justice is clearly disproportionate to that of the number of our judges in the lower courts, how can justice even be dispensed?...
by marc | Dec 4, 2019 | Amicus Curiae, Publications
In 2010 there was a discussion on whether robots should be granted rights or what was termed as “robo-rights.” This stemmed from the consideration that robots may develop the ability to reproduce, develop artificial intelligence, and even possibly, create something...
by marc | Nov 20, 2019 | Amicus Curiae, Publications
“Quick and Easy Online Loan,” “Fast, Easy, Loan Online,” “Quick Cash Online” — these are only a few of the marketing and advertising slogans of online lending companies which have emerged among the online community. Oblivious of the consequences, these online loans...
by marc | Nov 14, 2019 | Publications, Others
John Paul M. Gaba, a Partner from the Firm’s Intellectual Property Department, authored the Philippine chapter of “A Global Roadmap to Personal Data Protection: Asia Pacific, Europe & USA”, published by Meritas. It is the second edition of this volume. The study...
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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