Publications

Amicus Curiae

October 27, 2020
Amicus Curiae

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 year, however, many Filipino households have been forced by circumstance to set up “home offices” as a measure against the COVID-19 pandemic. The shift towards this new normal however may have blurred the lines between home and “business premises.”

October 20, 2020
Amicus Curiae

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 Learning Continuity Plan (BE-LCP) under DepEd Order No. 012, s. 2020.

October 14, 2020
Amicus Curiae

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.

October 6, 2020
Amicus Curiae

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.

September 29, 2020
Amicus Curiae

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.”

September 22, 2020
Amicus Curiae

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.

Point of Law

May 31, 2018
Point of Law

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.

May 25, 2018
Point of Law

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.

May 3, 2018
Point of Law

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.

April 19, 2018
Point of Law

Whatever happened to ‘My Husband’s Lover’ bill?

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 family relations.

April 5, 2018
Point of Law

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.

March 22, 2018
Point of Law

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 criticized as being antipoor.

Others

September 18, 2020
Others

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.

September 11, 2020
Others

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.

September 3, 2020
Others

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”.

July 26, 2020
Others

On COVID 19 and Employee Dismissals in the Philippines

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”. This was issued on 13 January 2020 by the DOLE Secretary before the President declared a 6 month period of national public health emergency on 16 March 2020.

July 22, 2020
Others

The International Comparative Legal Guide on Outsourcing

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.

June 10, 2020
Others

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 applicable rules of procedure. The Firm’s Ramon G. Samson, George S.D. Aquino, Antonio Bonifacio C. Reynes, Angelmhina D. Lencio and Julienne Therese V. Salvacion co-authored this guide.