Publications

Amicus Curiae

November 24, 2021
Amicus Curiae

Motorcycle Taxis are Here to Stay

The Court of Appeals has recently declared unconstitutional a Mandaluyong City ordinance prohibiting male back riders on motorcycles. In so doing, the Court of Appeals held that there was an unlawful exercise of police power because there was no data showing that motorcycle riding criminals are males.

November 17, 2021
Amicus Curiae

The Subtle Power of FIRB

COVID-19 triggered economic losses since the first case was recorded in January 2020. The community quarantine measures imposed by the government severely disrupted business operations and commercial activities and led to a negative impact in our economic performance. For these reasons, the enactment of Corporate Recovery and Tax Incentives for Enterprises (CREATE) law this year was a welcome development.

November 3, 2021
Amicus Curiae

Open Finance: A Case Study for the Regulatory Sandbox Approach

On 17 June 2021, the Bangko Sentral ng Pilipinas (“BSP”) issued Circular No. 1122 (the “Circular”), which set out guidelines for the adoption of the Open Finance Framework (“Framework”). Open finance is part of the BSP’s Digital Payments Transformation Roadmap for 2020-2023, which aims to promote financial inclusion. The salient provisions of the Circular are discussed below.

October 27, 2021
Amicus Curiae

Campaigning in the Time of COVID

The upcoming 2022 national and local elections will be the first and hopefully the last to be held in the midst of a pandemic. By election day, the Philippines will have then surpassed the two-year mark of its COVID-19 anniversary, and health protocols and restrictions will surely impact the partisan political activities.

October 20, 2021
Amicus Curiae

A Step Closer to a Personal Property and Security Registry

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 medium enterprises (MSMEs), by establishing a unified and modern legal framework for securing obligations with personal property.”

October 13, 2021
Amicus Curiae

Replacement of Lost Owner’s Duplicate Certificate of Title and e-Title

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 (Original Certificate of Title, Transfer Certificate of Title or Condominium Certificate of Title), which is conclusive authority from the registered owner to the Register of Deeds (“ROD”)

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

July 8, 2021
Others

The Legal 500’s 2021 Country Comparative Guide for Litigation

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 the impact of the COVID-19 pandemic on commercial litigation.

May 3, 2021
Others

The Legal 500 Comparative Guide on Public Procurement

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 Natividad, and Zyra Frances P. Aquilizan co-authored the Philippine chapter of the Guide.

April 6, 2021
Others

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 multinational employers with a quick reference of new COVID-related developments.”

April 5, 2021
Others

The Legal 500’s Lending & Secured Finance Guide

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 Chrysilla Carissa P. Bautista and Eric R. Recalde wrote the chapter.

January 25, 2021
Others

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 tax returns for the previous year. If the deadline is met, companies will be able to revise their corporate tax payable downwards before they are required to pay them in April.

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.