APAC at a Glance: COVID-Related Restrictions

APAC at a Glance: COVID-Related Restrictions

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...
Ventilation and COVID-19 in the Workplace

Ventilation and COVID-19 in the Workplace

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.”...
Creative Destruction

Creative Destruction

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...
The Exigency of Punishing Vax Line Jumpers

Tax Treatment of COVID-19 Vaccines

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...
CREATE Benefits Small Businesses

CREATE Benefits Small Businesses

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...
Ventilation and COVID-19 in the Workplace

Employment Suspension During the Pandemic

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...
The Proposed Internet Transactions Act and the Uncertainties in Online Retail

The Sanctity of Our Home Offices

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...
CREATE— A Reformation of the Corporate Income Tax and Incentives System

The New Normal in Basic Education

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...
Zooming in on the SPEAKER: Alan vs Allan

Zooming in on the SPEAKER: Alan vs Allan

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...
The Chambers International Arbitration 2020 Guide

The Chambers International Arbitration 2020 Guide

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...
Of Cars and Checkpoints: Exploring the Constitutional Limits of Vehicular Stops and Searches

Rx: Presidential Truth Serum

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...
The Chambers Employment 2020 Guide

The Chambers Employment 2020 Guide

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,...
The Employee’s Right to Receive or Refuse a Vaccine

Legal Considerations of Employee Termination

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...
Ventilation and COVID-19 in the Workplace

Free Speech vs Fake News

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...
The Supreme Court’s New Perspective on an Old Issue

Virtual Notarization

Going through reportedly the world’s longest lockdown because of COVID-19, from easing up and back to further restricting quarantine measures, it would seem that this pandemic has brought both the good and bad out of this government. As the confirmed COVID-19 cases in...
The Supreme Court’s New Perspective on an Old Issue

Broadcast Media and Government Regulation

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...
CREATE— A Reformation of the Corporate Income Tax and Incentives System

Hacking In A Time of COVID-19

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...
The Legal 500 Litigation Country Comparative Guide

The Legal 500 Litigation Country Comparative Guide

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...
Ventilation and COVID-19 in the Workplace

The New Normal Workplace

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...
The Exigency of Punishing Vax Line Jumpers

Copyright or Copywrong?

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,...
The Supreme Court’s New Perspective on an Old Issue

Fine Print

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....
Managing Employment Contracts in the Time of COVID-19

COVID-19 Update and Considerations

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...
Coping with COVID-19

Coping with COVID-19

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...
The Exigency of Punishing Vax Line Jumpers

The Lesser Known Facet of Quo Warranto

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...
Of Cars and Checkpoints: Exploring the Constitutional Limits of Vehicular Stops and Searches

Travel in the Time of 2019-nCoV

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...
Managing Employment Contracts in the Time of COVID-19

Revival of Expired Corporations

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...
Work Suspension During Calamities

Work Suspension During Calamities

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...
The Supreme Court’s New Perspective on an Old Issue

Easing Doing Business in the Philippines

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...
Zooming in on the SPEAKER: Alan vs Allan

Judges-at-Large Act: An Aid to Justice

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?...
A Global Roadmap to Personal Data Protection

A Global Roadmap to Personal Data Protection

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...
Ministerial Function: A Closer Look at the Congress’s Role in Certifying Presidential and Vice-Presidential Election Results

The New Law On Service Charges

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...
Of Cars and Checkpoints: Exploring the Constitutional Limits of Vehicular Stops and Searches

Changing Times for PEZA Locators

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,...
The Supreme Court’s New Perspective on an Old Issue

Stop Debt Collection Harassment

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,...
Of Cars and Checkpoints: Exploring the Constitutional Limits of Vehicular Stops and Searches

Publicly Listed Companies Going Private

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...
ASEAN Fintech Ecosystem Benchmarking Study

ASEAN Fintech Ecosystem Benchmarking Study

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...
Work Suspension During Calamities

The One Person Corporation

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...
Ventilation and COVID-19 in the Workplace

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...
Of Cars and Checkpoints: Exploring the Constitutional Limits of Vehicular Stops and Searches

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...
The Exigency of Punishing Vax Line Jumpers

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...
Of Cars and Checkpoints: Exploring the Constitutional Limits of Vehicular Stops and Searches

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...
Ventilation and COVID-19 in the Workplace

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...
The Proposed Internet Transactions Act and the Uncertainties in Online Retail

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...
The Exigency of Punishing Vax Line Jumpers

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...
Of Cars and Checkpoints: Exploring the Constitutional Limits of Vehicular Stops and Searches

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...
Ventilation and COVID-19 in the Workplace

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...
Ventilation and COVID-19 in the Workplace

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...
Of Cars and Checkpoints: Exploring the Constitutional Limits of Vehicular Stops and Searches

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...
CREATE— A Reformation of the Corporate Income Tax and Incentives System

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...
CREATE— A Reformation of the Corporate Income Tax and Incentives System

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...