Publications

Grace Period on Loans as a Form of Bayanihan

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.*** Meanwhile, poverty incidence rate is expected to increase next year, at a range of 15.5% to 17.5%, due to the continuing national emergency.****

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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 “term-sharing agreement” between the two gentlemen which was arrived at, if not even brokered by no less than the President, at the beginning of the 18th Congress in July 2019.

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Institutionalizing Arbitration of Intra-corporate Disputes

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 intra-corporate relations, relationships between or among stockholders of the same corporation, or relationships between the stockholders and the corporation.

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On Travel Restrictions and the Reopening of Philippine Borders

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 there have been efforts to contain and minimize the effects of COVID-19, the number of positive cases continues to rise at a rate that seems to be the “largest economic shock which the world has experienced in decades.”

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Copyright and Remote Learning in the Time of COVID-19

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 government, educators, parents, and students in providing and accessing quality education during the current health emergency.

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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 and enforcement” in over 47 jurisdictions. The chapter on the Philippines was contributed by ACCRALAW.

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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 affairs must move on and the emphasis on strong leadership — both figuratively and literally — now has even more importance.

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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, termination of employment, wrongful dismissal claims, anti-discrimination issues and dispute resolution” in 49 jurisdictions worldwide.

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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 “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”.

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