Publications

Amicus Curiae

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.

September 15, 2020
Amicus Curiae

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.

September 1, 2020
Amicus Curiae

Enforcing the Tax Code on Online Businesses

As soon as the effects of COVID-19 were felt, people have craved for the same thing: a duplicate of the life before the global pandemic.

To satisfy this (with minimal physical contact as much as possible), people have resorted to electronic means to carry on their regular day-to-day activities. Hence, there was a rise in the number of online businesses, as opportunists have seen this as a means to create revenues while under quarantine.

August 25, 2020
Amicus Curiae

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 to freely express one’s thoughts is not without basis.

August 11, 2020
Amicus Curiae

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 Philippines recently breached the 100,000 mark, making the country the number one in Southeast Asia in number of cases, questions whether the government is doing enough swirl around.

August 4, 2020
Amicus Curiae

Financial Rehabilitation as an Alternative Loss Mitigating Strategy Amidst the COVID-19 Pandemic

In light of the implementation of various community quarantine measures brought about by the COVID-19 pandemic, many business establishments were either prevented from operating or permitted with limited operational capacity. As a result, many entrepreneurs incurred significant financial losses. Due to the uncertainty of the resolution of the pandemic, and to thwart further losses, many businesses were constrained to cease their operation and finally close.

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.