The New Law On Service Charges

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...
Changing Times for PEZA Locators

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,...
Stop Debt Collection Harassment

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,...
Disclosure and Reportorial Requirements for Lending and Financing Companies

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...
Changing Times for PEZA Locators

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The Revised Corporation Code (RCC), which took effect on Feb. 23 this year, introduced amendments to the otherwise outdated Corporation Code.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...
Changing Times for PEZA Locators

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...
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...

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 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...

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...

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...

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...