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A Tale of two crocs

Lacoste’s “CROCODILE” mark in the High Court of Delhi case

The holiday season has, once again, come and gone.

For both small and big businesses alike, this is an opportune time to boost their products and end the year with a good sales record. And in the battle of brands in today’s highly consumerist world, a business’ trademark or logo is a powerful weapon in being able to stand out and attract the attention of target customers. However, things can get difficult when two different enterprises are not only engaged in similar types of businesses, but also have similar, if not identical, logos.

That is precisely the issue that confronted the Supreme Court in the case of Lacoste S.A. v. Crocodile International Pte Ltd. (Decision) promulgated on Nov. 6, 2023 and released on Sept. 10, 2024.

Through its highly publicized Decision, the Supreme Court put an end more than 23 years of litigation which began when Lacoste S.A. (Lacoste) opposed the application of Crocodile International Pte Ltd. (Crocodile) seeking to register the “CROCODILE AND DEVICE” mark here in the Philippines in 2004.

Lacoste argued that its business would be heavily damaged by the registration of Crocodile’s trademark that is supposedly confusingly similar to its own “CROCODILE” mark. Meanwhile, Crocodile asserted that there were substantial differences in the appearance and overall impression between its logo and Lacoste’s preventing any likelihood of confusion among consumers.

To determine the presence of confusing similarity between the two “CROCODILE” marks, the Supreme Court applied the Dominancy Test. This test focuses on “the similarity of the prevalent or dominant features of the competing trademarks that might cause confusion, mistake, and deception in the mind of the purchasing public.” The Supreme Court then determined the “CROCODILE” device to be the dominant elements of both Lacoste’s and Crocodile’s marks.

Ruling in favor of Crocodile, the Supreme Court held that there is no confusing similarity between the two competing marks considering their “pronounced differences.” Specifically, Lacoste’s “CROCODILE” mark is right-facing while Crocodile’s “CROCODILE” device is left-facing with the word “Crocodile” in a stylized format above it. The Supreme Court further observed that both marks are easily distinguishable considering that Lacoste’s “CROCODILE” mark is “solid” except for its scutes or large scales “depicted in white inverted triangles” while Crocodile’s “CROCODILE” device is “not solid, but rather, more like a drawing.” And instead of scutes, Crocodile’s “CROCODILE” device is “depicted with various scale patterns from the base of the head up to the tail.”

The Supreme Court’s Decision in the Lacoste case drew considerable attention both among local and international intellectual property law practitioners. In fact, during the 2024 Asian Patent Attorneys Association (APAA) council meeting held in Pasay City on Nov. 18-21, 2024, one of the notable updates discussed during the conference’s Trademarks Committee Meeting was the Philippine Supreme Court’s Decision in the Lacoste case vis-à-vis the High Court of Delhi’s decision in a trademark dispute involving the same parties.

Similar to the Lacoste case, the High Court of Delhi’s decision ended more than two decades of litigation between Lacoste and Crocodile in India stemming from a trademark infringement suit filed by Lacoste way back in 2001. Lacoste also argued there that a likelihood of confusion among consumers is apparent given that Crocodile’s mark, consisting of a left-facing crocodile, is an exact mirror image of Lacoste’s logo featuring a right-facing crocodile. On the other hand, Crocodile echoed its prior agreement with Lacoste for the coexistence of the two companies’ marks in Asia.

However, unlike the Philippine Supreme Court, the High Court of Delhi ruled in favor of Lacoste noting that “the visual and conceptual parallels between the [competing] marks support a strong case for trademark infringement, underscoring the importance of protecting the distinctiveness of the Lacoste trademarks.” As a result, Crocodile is barred from manufacturing, selling, offering for sale, or advertising any products bearing the disputed trademark, which is noticeably different from the subject of the dispute before our Supreme Court.

In sum, the Lacoste cases in the Philippines and India highlight the dynamic and ever-evolving nature of trademark jurisprudence in the field of intellectual property law. And it is interesting to observe the trajectory of its development in the coming years, especially as businesses are expected to rely more on their intellectual property, including their trademarks or logos, to better position themselves in an intensely competitive market. Thus, as we move past the holiday season, may we remember that behind every trademark or logo we encounter every day is a story worth knowing.

This article is for informational and educational purposes only. It is not offered and does not constitute legal advice or legal opinion.

 

Norberto O. Sarigumba III is an associate of the Intellectual Property department of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW).

nosarigumba@accralaw.com

8830-8000

Retiro Golden Foods secures partial relief from tax penalties

CTA.JUDICIARY.GOV.PH

THE COURT of Tax Appeals (CTA) partially granted Retiro Golden Foods, Inc.’s petition against the Bureau of Internal Revenue (BIR), ordering the cancelation of over P175 million worth of deficiency income tax, value-added tax (VAT), and compromise penalties.

The CTA Second Division partially granted Retiro’s petition for review, upholding the deficiency expanded withholding tax (EWT) and withholding tax on compensation (WTC) assessments but canceling the deficiency income tax, VAT, and compromise penalties.

The assessments for deficiency income tax, VAT, and compromise penalties, totaling P175,650,029.17, were declared null and void, and the BIR was prohibited from collecting these amounts.

The tribunal ordered the firm to pay the BIR the basic amount of P40,226.21 and P31,394.72 plus surcharges and interest under the National Internal Revenue Code (NIRC) for its deficiency EWT and WTC for 2017.

“It is notable in the Administrative Protest that while [Retiro] provided the applicable law, rules, and regulations, or jurisprudence on which its protest was based, these were only against the deficiency income tax and VAT assessments, and compromise penalties,” the nine-page ruling released on Jan. 2 read.

“[Retiro] is painfully silent as far as the deficiency EWT and WTC assessments are concerned,” it added in the decision penned by Justice Maria Rowena Modesto-San Pedro.

The tax court found that the formal letter of demand (FLD) was a valid demand for payment as it indicated a due date and clearly stated that penalties would accrue if the deficiency taxes remained unpaid.

While the court acknowledged that the company’s administrative protest against the FLD was valid despite not being signed, it noted that the protest only addressed the deficiency income tax and VAT assessments and compromise penalties, but not the EWT and WTC.

However, the court determined the BIR failed to properly consider the company’s arguments and evidence submitted in response to the preliminary assessment notice (PAN) for the deficiency income tax and VAT assessments and compromise penalties, violating the company’s right to due process.

The court noted the BIR merely made a general statement that the company failed to provide sufficient documentary evidence without specifying which documents were needed to conduct a fair investigation.

It cited the case, Commissioner of Internal Revenue versus Avon Products Manufacturing, Inc., saying the BIR must provide reasons for rejecting a taxpayer’s explanations and cannot ignore evidence without reason.

The case stemmed when Retiro was assessed deficiency income tax, VAT, EWT, WTC, and compromise penalties for 2017.

The total initial assessment was P173,230,046.62, which was later adjusted to P175,748,493.78, including interest.

The company received a letter of authority (LoA) on July 25, 2019, followed by a PAN on Dec. 22, 2020.

It filed a reply to the PAN on Jan. 5, 2021, but received an FLD on Jan. 18, 2021, reiterating the assessments. It filed an administrative protest against the FLD on Feb. 17, 2021, which was denied by the BIR on March 22, 2021.

Retiro then filed a petition for review with the CTA on May 19, 2021, seeking the cancellation of the tax assessments. — Chloe Mari A. Hufana

National Government outstanding debt

THE NATIONAL Government’s (NG) outstanding debt rose to a fresh high of P16.09 trillion as of end-November, partly reflecting the impact of the peso depreciation on the value of foreign obligations, the Bureau of the Treasury (BTr) said. Read the full story.

National Government outstanding debt

Arts & Culture (01/08/25)

PETA announces new company leaders

ENDING their creative tenure are the “Tres Marias” who have led Philippine Educational Theater Association (PETA) for decades, Beng Cabangon, CB Garrucho, and Maribel Legarda will be passing the torch to a new set of leaders who will carry on PETA’s vision: Melvin Lee as president, Anj Heruela and Michelle Ngu-Nario as executive directors, and J-mee Katanyag as artistic director.

Keka Enriquez, Yvonne Quisumbing, Renato Orara at Silverlens

THE first exhibitions at Silverlens Gallery in Manila this year will be Keka Enriquez’s Points and Endings and Yvonne Quisumbing’s Sanctuary, running from Jan. 9 to Feb. 5. On display at the same time will be Renato Orara’s Entangled Pairs, ahead of its Silverlens New York run from Jan. 16 to March 1. Mr. Orara’s collection consists of 100 lifelike ballpoint pen drawings of everyday objects. The consecutively made renderings are paired and split from their counterparts across two continents.

Sunset Boulevard set for Asia premiere in Singapore

THE new production of Andrew Lloyd Webber’s Tony Award-winning Sunset Boulevard, starring Sarah Brightman, will be making its Asia Premiere in Singapore on Feb. 7. It will run until Feb. 23 at the Sands Theatre of Marina Bay Sands. Ms. Brightman as Norma Desmond will take the stage alongside Draxl as Joe Gillis, Robert Grubb as Max Von Mayerling, Ashleigh Rubenach as Betty Schaefer, Jarrod Draper as Artie Green, and Paul Hanlon as Cecil B. DeMille. The production is presented by Base Entertainment Asia.

MM Yu, Julieanne Ng exhibits at MO_Space

FROM Jan. 11 to Feb. 9, two artists will be presenting their works at the MO_Space Gallery in Bonifacio Global City, Taguig. At the Main Gallery is MM Yu’s either/or, highlighting the artist’s unique approach to photography and image-archiving through the concept of recollection in personal snapshots. At Gallery 2, Julieanne Ng’s A Glimpse Across the Fleeting Light invites viewers to the periphery of the artist’s incense series, with a focus on the candle as a tool, which she transforms into a printmaking matrix. Both exhibits will run until Feb. 9.

NCCA spotlights piña weaving in its annual calendar

THE heritage practice of weaving the piña fabric of Aklan is featured in the 2025 wall calendar of the National Commission for Culture and the Arts (NCCA). The handloom weaving of the pineapple textile, estimated to be about two centuries old and practiced by the Aklanon people in northwestern Panay Island in the Visayas, was recently inscribed in the United Nations Educational, Scientific and Cultural Organization Representative List of the Intangible Cultural Heritage of Humanity. The calendar features the different steps and stages in making the textile, through photographs taken by Gerald Marcfred Dillera and texts by cultural researcher Roel Hoang Manipon.

Silverlens brings Pacita Abad, Pio Abad to S.E.A. Focus

FOR its first art fair of 2025, Silverlens Gallery will return to S.E.A. Focus with a presentation of Filipino diaspora artists Pacita Abad and her nephew Pio Abad. It will mark the first time they are presented together in Singapore, with the elder Abad represented by prints produced during her three-month residency in Singapore in 2003 and the younger Abad contributing his ink-on-paper drawings that examine personal and political entanglements. The show runs from Jan. 18 to 26 at Tanjong Pagar Distripark, Singapore.

The Lord of the Rings – A Music Tale in Singapore

ASIAN FANS of J.R.R. Tolkien’s iconic fantasy saga will soon have the chance to see the critically acclaimed The Lord of the Rings — A Musical Tale which will make its Asia premiere in Singapore starting Aug. 12 at the Sands Theatre of Marina Bay Sands. Tickets will go on sale starting Jan. 10.

Exodus by big Wall Street banks from top climate group worries advocates

LONDON/NEW YORK — US lenders have been rushing in recent weeks to leave one of the world’s top banking sector climate coalitions, drawing scorn from campaigners who worry the industry is losing resolve to take action on fossil fuels.

Goldman Sachs broke ranks to announce on Dec. 6 it was leaving the Net-Zero Banking Alliance (NZBA) and was soon followed by Wells Fargo, Citi, Bank of America and Morgan Stanley. The exit of some of the world’s biggest lenders means the NZBA, whose members aim to align their financing with the global climate fight, now includes just JPMorgan among the Big Six US banks.

The exodus ended unhappy marriages for most after Republican politicians warned that membership in the group, particularly if it led to reduced financing for fossil fuel companies, could breach antitrust rules.

Banks that have pulled out may now reduce their commitments to climate-friendly policies, said Patrick McCully, senior analyst for energy transition at Reclaim Finance.

“The key thing to watch will be weakening of their existing targets and policies,” said Mr. McCully, noting some banks had ambitious targets for decreasing emissions. Still, he did not expect banks to announce publicly any such changes.

While the NZBA had sought at various times to tailor its rules to keep the large and systemically important banks onboard, most recently last year, the efforts were ultimately not enough.

Jeanne Martin, head of banking program at advocacy group ShareAction, said those leaving were sending a signal to the market that climate change has become even less of a priority for them.

“This is concerning when they are among the world’s largest providers of financing to fossil fuels,” she said.

A spokesperson for JPMorgan, the last remaining major US bank in the alliance, said it regularly evaluates its memberships of such groups, without commenting on whether it plans to join the exodus. The other US members are smaller: Amalgamated Bank, Areti Bank and Climate First Bank.

While none cited it as a factor, hanging over the exits was a two-year-long US backlash against environment, social and governance investing. A group of Republican politicians, many of them state attorneys general, have accused members of potential breaches of antitrust rules.

Such pressure stepped up after a Republican clean sweep in November’s US elections heralded the return of Donald J. Trump as president, with investors including BlackRock recently facing legal challenges over their climate efforts.

For their part, the banks largely avoided giving a direct reason for needing to leave the NZBA, instead saying they remained committed to helping clients transition to a low-carbon economy and disclosing their actions.

Analysis of December syndication fee income from loan and bond issuance by financial think tank the Anthropocene Fixed Income Institute showed each of the US leavers earned more from fossil fuel than green energy.

“As a first cut, some of these banks… can pretty easily say ‘nothing has changed’ as they are still in a make-more-money-from-fossil-fuel mode,” said AFII Chief Executive Ulf Erlandsson.

A study entitled “Banking on Climate Chaos” from 2024 suggested the six biggest US banks were all among the top-20 global lenders to fossil fuel companies.

Despite the exits, the largest US banks had all made “strong climate commitments” through the NZBA and investors would continue to push for more information about their efforts, said Mindy Lubber, chief executive of nonprofit Ceres.

“Ceres will continue supporting banks as they set and achieve targets and implement transition plans. Banks are key to supporting the global goal of net zero emissions and to the economic opportunities that are arising from the transition.”

Following the mass exit by US lenders, the NZBA still has 142 members from 44 countries with $64 trillion in assets, with 80 European banks accounting for the largest share of the dollar figure. Banks remaining in the coalition include HSBC, Barclays and BNP Paribas.

A spokesperson for the NZBA was not immediately available for comment.

Given previous tussles over where to set the bar for NZBA membership, the exit of the US banks offered an opportunity for those who want to be more ambitious, Mr. McCully said.

“European banks have complained that they’d love the NZBA guidelines to be stronger but the US members just won’t let it happen — so (it is) now time for the Europeans to step up and show that they weren’t just using US obstructionism as an excuse for foot-dragging,” he said on LinkedIn. — Reuters

How PSEi member stocks performed — January 7, 2025

Here’s a quick glance at how PSEi stocks fared on Tuesday, January 7, 2025.

Philippines views China’s monster ship ‘with concern’; coast guard on standby

CHINA COAST GUARD VESSEL 5901, nicknamed the “monster ship,” off the coast of Capones Island, Zambales on Jan. 4, 2025. — PHILIPPINE COAST GUARD

THE PHILIPPINES on Tuesday said it views with alarm the presence of China’s largest coast guard ship within its exclusive economic zone (EEZ), vowing to continue sea patrols.

“We view it with concern,” Executive Secretary Lucas P. Bersamin told a news briefing at the presidential palace. “So far, we have been challenging the presence of that monster ship.”

The Philippine Coast Guard (PCG) on Monday said the “erratic movements” of the 165-meter-long China Coast Guard (CCG) vessel 5901, which Manila calls a “monster ship,” within the Philippine EEZ indicate it is not engaged in innocent passage.

“The Coast Guard, our Coast Guard, has always been very alert in following up the presence of that monster ship,” said Mr. Bersamin, who heads the National Maritime Council.

While there has been no confrontation, it calls for continued vigilance, he added.

The Philippines would pursue diplomatic means to resolve its sea dispute with China, including the filing of protests and engaging with the Chinese government in high-level talks, Mr. Bersamin said.

The Philippine Coast Guard earlier said the Chinese vessel was “conducting a law enforcement operation, claiming jurisdiction over these waters as belonging to the People’s Republic of China.”

The monster ship was last spotted 65 nautical miles southwest of Los Frailes Island in Zambales province in northern Philippines.

The PCG said the 44.5-meter BRP Cabra has “remained steadfast” in challenging China’s assertion, “diligently tailing and shadowing CCG-5901 to uphold Philippine sovereign rights.”

It said the Philippine Coast Guard vessel continues to send radio challenges to the Chinese ship.

China’s largest coast guard ship was positioned 54 nautical miles off Capones Island in Zambales, the PCG said on Sunday, citing Canada’s dark vessel detection system.

After Philippine authorities detected the ship, PCG Commandant Ronnie Gil L. Gavan promptly ordered the dispatch of BRP Cabra along with a PCG helicopter and PCG caravan “to verify the incursion and assert their presence.”

The PCG earlier called the ship’s presence an act of Chinese “intimidation, coercion and aggression.”

“We have all our assets pointed at this monster ship. The moment it (carries out) any provocative action, it will be met with appropriate response,” Jonathan E. Malaya, spokesman for the National Security Council, told state television on Monday.

The Chinese Embassy in Manila did not immediately respond to a request for comment.

Ties between China and the Philippines have soured in the past few years, with spats frequent as Manila under President Ferdinand R. Marcos, Jr. pushes back at what it sees as aggression by Beijing. China has accused the Philippines of repeated encroachment in its waters.

China claims most of the South China Sea, a key conduit for $3 trillion of annual ship-borne trade, as its own territory, with a massive coast guard presence in and around the EEZs of neighbors Vietnam, the Philippines and Malaysia.

Beijing rejects a 2016 ruling by the Hague-based Permanent Court of Arbitration that said those expansive maritime claims were illegal.

The PCG had ordered the Chinese vessel to leave the area, warning it has no authority to operate there, according to a video it shared. In its radioed response, the Chinese ship said it was conducting law enforcement duties within its jurisdictional waters.

“This is part of China’s intimidation, coercion, aggression and deception. They are showcasing their ship to intimidate our fishermen,” Mr. Malaya said, adding that the Philippine maritime presence would be boosted to support fishermen. — K.A.T. Atienza with Reuters

State urged to sustain efforts to purge POGOs

PHILSTAR FILE PHOTO

A PHILIPPINE senator on Tuesday urged the government to fast-track the purging of Philippine Offshore Gaming Operators (POGOs), citing the need to look into offshoots of these outfits masquerading as other business entities after the state outlawed them.

In a statement, Senator Sherwin T. Gatchalian said many POGOs have turned into other businesses such as business process outsourcing companies, resorts and restaurants to hide their illegal activities.

“More than ever, we need to sustain our efforts to clear out all criminal syndicates that are products of POGOs,” he said. “We must stay the course to ensure a safer and more secure Philippines for all Filipinos.”

Justice Secretary Jesus Crispin C. Remulla on Sunday said the government is still on the hunt for 11,000 illegal POGO workers who failed to leave the country by December.

Philippine President Ferdinand R. Marcos, Jr. earlier ordered a total ban on POGOs due to their links to organized crime such as human trafficking. This was in line with his order during his third State of the Nation Address to shut down POGOs by year-end.

Philippine Amusement and Gaming Corp. (Pagcor) Chairman and Chief Executive Officer Alejandro H. Tengco had said the government was on track to shut down POGO firms by year-end.

The Pagcor chief last month said there were only 17 POGOs in operation, down from 298 licensed POGOs in 2019.

Mr. Gatchalian also cited the need to find these 11,000 POGO workers who evaded deportation since they are likely to end up involving themselves in more criminal activities and illegal operations.

“We can safely assume that these illegal aliens are onto something unlawful and vigilance of everyone is necessary to ensure that such activities are arrested, and these aliens are deported as soon as possible,” he said.

Solicitor General Menardo I. Guevarra has said his agency had been canceling fake birth certificates used by foreigners who are linked to criminal syndicates.

The Office of the Solicitor General will also go after illegally acquired properties and other assets in the country linked to POGO operations.

Interior and Local Government Secretary Juanito Victor C. Remulla, Jr. earlier said shuttering POGOs would not leave a big dent on the economy, saying only 0.25 of 1% of the country’s economic output would be affected by the closures.

“All law enforcement agencies, in close coordination with local government units, as well as the general public must remain vigilant against the presence of POGO offshoots disguised as legitimate business entities,” Mr. Gatchalian said. — John Victor D. Ordoñez

Peso strengthens on Trump tariff debate, faster-than-expected inflation

FREEPIK

THE PESO climbed on Tuesday as the dollar weakened on doubts regarding US President-elect Donald J. Trump’s planned tariffs and following faster-than-expected Philippine headline inflation last month.

The local unit closed at P58.185 per dollar on Tuesday, strengthening by 8.5 centavos from its P58.27 finish on Monday, Bankers Association of the Philippines data showed.

The peso opened Tuesday’s session stronger at P58.15 against the dollar. Its worst showing was its closing level of P58.185, while its intraday best was at P58.02 versus the greenback.

Dollars exchanged increased to $1.87 billion on Tuesday from $1.74 billion on Monday.

“The dollar-peso closed lower as it tracked the dollar correction overnight and due to higher-than-expected local CPI (consumer price index),” a trader said by phone.

The dollar was generally weaker on Tuesday due to debate regarding Mr. Trump’s promised tariffs, Rizal Commercial Banking Corp. Chief Economist Michael L. Ricafort said in a Viber message.

The US dollar eased towards a one-week low versus major peers on Tuesday as traders considered whether Mr. Trump’s proposed tariffs would be less aggressive than promised, Reuters reported.

On Monday, the greenback slid against the euro and sterling following a report in the Washington Post that Mr. Trump’s aides were exploring plans that would apply tariffs only on sectors seen as critical to US national security.

The US dollar index eased 0.25% to 108.03 as of 0730 GMT, after dropping to as low as 107.74 overnight, its weakest since Dec. 30.

Meanwhile, Philippine CPI rose by an annual 2.9% in December from 2.5% in November, but was slower than 3.9% a year prior.

This was within the central bank’s 2.3%-3.1% forecast for the month but was slightly faster than the 2.7% median estimate in a BusinessWorld poll of 13 analysts.

For Wednesday, the trader sees the peso moving between P58 and P58.40 per dollar, while Mr. Ricafort expects it to range from P58.10 to P58.30. — A.M.C. Sy with Reuters

PSEi slumps on profit-taking, faster inflation

BW FILE PHOTO

PHILIPPINE SHARES closed in the red on Tuesday as investors pocketed their gains from the market’s three-day climb and with data showing that headline inflation picked up slightly last month.

The main Philippine Stock Exchange index (PSEi) fell by 1.2% or 79.79 points to close at 6,545.38 on Tuesday, while the broader all shares index lost 1.14% or 43.34 points to end at 3,750.69.

“The local market fell this Tuesday as investors took profits after a three-day rally,” Philstocks Financial, Inc. Senior Research Analyst Japhet Louis O. Tantiangco said in a Viber message. “Investors also digested the December 2024 inflation figure of 2.9%, faster than the preceding month’s 2.5%. This was also biased towards the upper end of the Bangko Sentral ng Pilipinas’ (BSP) 2.3% to 3.1% forecast range.”

“Philippine shares succumbed to profit taking following the release of the local December consumer price index, which came slightly higher than street estimates, while sentiment was pulled down by the tepid performance of the United States,” Regina Capital Development Corp. Head of Sales Luis A. Limlingan added in a Viber message.

Philippine headline inflation picked up to 2.9% in December from 2.5% in November, the government reported on Tuesday. This marked the third consecutive month of faster inflation and was higher than the 2.7% median estimate in a BusinessWorld poll of 13 analysts.

Still, this was slower than the 3.9% print in the same month a year prior and was within the 2.3%-3.1% forecast of the BSP.

The December rate brought the full-year 2024 inflation average to 3.2%, slower than 6% in 2023 and marking the first time since 2021 that the consumer price index settled within the BSP’s 2-4% annual target. This also matched the central bank’s baseline forecast for the year.

Almost all sectoral indices closed lower on Tuesday. Services slumped by 1.87% or 40.62 points to 2,123.19; property declined by 1.67% or 40.20 points to 2,360; financials went down by 0.8% or 17.86 points to 2,208.71; industrials sank by 0.61% or 57.44 points to 9,255.16; and holding firms retreated by 0.49% or 28.15 points to 5,620.10.

Meanwhile, mining and oil climbed by 0.3% or 23.09 points to 7,731.41.

“Aboitiz Equity Ventures, Inc. was the top index gainer, climbing 2.19% to P35. Wilcon Depot, Inc. was the worst index performer, plunging 4.87% to P12.90,” Mr. Tantiangco said.

Value turnover climbed to P4.51 billion on Tuesday with 1.51 billion shares changing hands from the P3.86 billion with 4.54 billion issues traded on Monday.

Decliners outnumbered advancers, 124 versus 96, while 39 names were unchanged.

Net foreign selling stood at P894.32 million on Tuesday versus the P40.94 million in net buying recorded on Monday. — R.M.D. Ochave

DICT flags hacking attempts before midterm elections

FLATART-FREEPIK

THE Department of Information and Communications Technology (DICT) on Tuesday flagged the growing cyber-attacks against Philippine government websites, including those of the Executive branch and some lawmakers, ahead of the midterm elections.

“We are constantly under attack from different sectors, from hackers, from scammers,” DICT Secretary Ivan John E. Uy told a news briefing at the presidential palace. “These are persistent threat actors.”

“We have detected a significant increase in many of the probing and the attacks, especially as we come closer to the elections this coming May,” he added.

Chinese state-backed hackers have penetrated the Philippine government’s Executive branch and “stole sensitive data as part of a years-long campaign,” according to Bloomberg News.

Mr. Uy cited the proliferation of “fake information or disinformation” in cyberspace, adding that his agency is “repelling several hundred thousand attempts” daily.

Some hacking attempts were aimed at the websites of senatorial and congressional candidates, he said.

These hackers are exploiting legacy systems used by some government agencies.

The Philippine National Police (PNP) in July said cybercrimes rose by 21.8% to 4,469 in the first quarter of 2024 from a year earlier.

Ransomware group Medusa in 2023 hacked into the systems of the Philippine Health Insurance Corp. (PhilHealth) and leaked sensitive data, including bank details of about 42 million members when the government refused to pay a $300,000 ransom.

Mr. Uy said some hackers were recycling information obtained from their past hacking activities, mostly from 2018 to 2022.

“Then they circulate in the cybersecurity forum,” he told reporters in a Viber message. “Some were even banned by the forum for spreading fake information.”

Mr. Uy said data had not been breached in the most recent hacking attempts because the DICT had detected them early on and secured the system.

“No current information has been compromised,” he said. “What we have seen so far are old data from many years ago that are being regurgitated, recycled just to make an impression that they were successful in doing so.”

He said the DICT has been acquiring new systems to address hacking incidents since “scammers continually upgrade their game and continually acquire new equipment.”

Mr. Uy said the agency is also working with the private sector to help them “be more aware of their cybersecurity preparedness, advising them on how to harden their respective infrastructure or information systems.” — Kyle Aristophere T. Atienza

SC, S. Korean agency partner to modernize PHL judicial system

PHOTO BY MIKE GONZALEZ

THE Philippine Supreme Court (SC) partnered with the Korea International Cooperation Agency (KOICA) to modernize the Philippines’ judicial system by implementing an electronic case and evidence management system, digitizing court records and providing specialized training for court personnel.

The partnership, inked on Jan. 6, “seeks to reduce case backlogs and streamline adjudication processes by leveraging cutting-edge technology.”

KOICA, a South Korean government agency for official development assistance, will spearhead efforts to implement advanced systems modeled on South Korea’s modern judicial practices.

It will conduct a preliminary survey in Philippine courts from Jan. 6 to 15, to gather crucial data for the project, the high court said in a statement on Tuesday.

The rollout of the system is targeted for implementation next year, it added.

“We must prepare ourselves so that we as an institution, can demonstrate our ability to adapt, no matter how daunting or difficult change may seem,” Senior Associate Justice Marvic M.V.F Leonen said.

He noted the partnership would fortify the Philippine Judiciary’s efforts to modernize court processes and improve artificial intelligence (AI), such as the eCourt PH V2.0, CALESA Digital and the development of voice-to-text applications for trial courts.

Meanwhile, Presiding Judge Park Byungmin of South Korea presented an AI-generated video highlighting Korea’s advanced use of technology in its judicial system.

The video showcased innovations like electronic litigation platforms, integrated judicial information systems, and video trial proceedings. 

KOICA Philippines Country Director Kim Eunsub expressed optimism about the partnership, emphasizing that incorporating South Korea’s advanced information security technologies will pave the way for a more transparent and efficient judicial system in the Philippines.

The partnership forms part of the Strategic Plan for Judicial Innovations 2022–2027, the top court’s blueprint for addressing institutional challenges by enhancing the administration of justice through the integration of advanced technology.

In November, the high court also said it will be establishing an AI governance framework to integrate AI technologies into its operations. — Chloe Mari A. Hufana

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