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Keeping your mobile number for a lifetime

In this digital world, mobile phones are a necessary part of our daily lives. As we become heavily dependent on these gadgets for communication and for the accomplishment of our daily task, we encounter some service issues and technical glitches, including connectivity to the internet. Sometimes, subscribers simply tolerate and continue to pay for the poor service, as they do not want the inconvenience of changing their mobile numbers for fear of losing important contacts and opportunities. Others are left with no choice but to change their mobile service provider to avail of better service, which necessitates the changing of their mobile numbers. And trivial as it seems, this leads to the inevitable inconvenience for both the subscriber and his contacts -- e.g. subscriber has to inform all his contacts of such change, and for the contacts to manually delete the old and save the new number.

A peek into the Revised Corporation Code of the Philippines

On 20 February 2019, President Rodrigo Duterte signed into law Republic Act No. 11232, otherwise known as the Revised Corporation Code of the Philippines (the “New Code”), which may be considered as a landmark legislation updating the 38-year-old Corporation Code of the Philippines (the “Old Code”) to adjust to modern times.

The struggle with premature campaigns

One who has experienced an election or two will probably be familiar with the term “premature campaigning,” and what it means. Generally, we understand it to be the situation where prior to the official start of the campaign period (90 days for national election; 45 days for local election), a candidate begins to campaign for himself. This practice has been declared unlawful by our laws as early as 1985, as provided in Section 80 of Batas Pambansang Bilang 881, which reads:

Who is the ‘real’ owner?

In an effort to increase transparency in the beneficial ownership and control of domestic corporations -- and to prevent their misuse for money laundering, organized crime and terrorists financing purposes, the Securities and Exchange Commission (“SEC”), pursuant to its mandate to assist in the implementation of the Anti-Money Laundering Act (“AMLA”), issued Memorandum Circular No. 17, Series of 2018 (“MC No. 17”) on Nov. 27, 2018 which essentially changed the form of the General Information Sheet (“GIS”) to be regularly submitted to the SEC. Effective March 1, 2019, the SEC will only accept the new GIS form, which now includes information on the beneficial owners of shares in the corporations, among others. Under MC No. 17, any failure by a corporation to submit the GIS under the required form shall be considered non-filing thereof. Accordingly, all Philippine domestic corporations, whether stock or nonstock, will soon need to disclose their beneficial owners.

Protecting indigenous knowledge in intellectual property rights

Indigenous peoples (IPs) and indigenous cultural communities (ICCs), though explicitly protected under the Constitution itself, sadly remain one of the most marginalized and forgotten sectors in Philippine society. Most often than not, IPs and ICCs are known for their mineral-rich ancestral lands and domains which are the usual targets for mining development projects. Not known to many, however, IPs and ICCs possess other valuable resources, specifically their indigenous knowledge systems and practices (IKSPs) consisting of accumulation of age-old traditional cultural methods and beliefs in medicine, genetic resources, ecology, art, and language, among others.

Streamlining the OSG while sparing the PCGG and OGCC from dissolution

Recently, Congress decided to strengthen the Office of the Solicitor General (OSG) by passing the proposed OSG law. The Senate and the House of Representatives gave their own versions of the bill, and later came to a compromise, after the bicameral conference committee approved the reconciled versions of the bills, incorporating the following salient points of the proposed new OSG Law.

‘I now pronounce you: DIVORCED’

Under Executive Order No. 209, otherwise known as The Family Code of the Philippines, only declaration of nullity of marriage and annulment of marriage can sever a marriage bond between husband and wife. Moreover, the grounds provided for by law are exclusive.

Telecommuting as an alternative work arrangement

In the Philippines, employees are subject to normal working hours of not exceeding 8 hours a day, for 6 days per week. It seems that our laws made it this way to provide employees ample time for rest and recreation after a hard day’s work.

The unborn and the Law

“God’s greatest gift is human life and we have a duty to protect the life of an unborn child.”

Recognition and enforcement of foreign judgments in the Philippines

The Supreme Court recognized in the case of Saudi Arabian Airlines v. Court of Appeals (G.R. No. 122191, 8 October 1998, 297 SCRA 469) that “the presence of foreign elements (in transactions) is inevitable, since social and economic affairs of (persons and/or entities) are rarely confined to the geographic limits of their births or conception.” Thus, as an example, persons/corporations from various States may enter into contracts, which contracts may even involve properties located in an entirely different State. In case of breach, it could happen that a party will resort to its own local court to obtain relief, or may go to the courts of another State with a significance or connection to them or to their transaction.

Freedom of information in the Supreme Court

Freedom of Information (FOI) is a right enshrined in our fundamental law. It refers to the right of the people to information on matters of public concern. It is the right of every citizen to access official records, documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development (Sec. 7, Art. III, 1987 Constitution). This includes the public’s right to know the public officials and employees’ assets, liabilities, net worth, and financial and business interests.

The privacy of ‘Public’ information

In this age when everything is “instant,” information on just about anything and anyone under the sun is not only readily available, but easy to come by. Especially with the proliferation of social media sites and other publicly-accessible platforms and the increasing transparency of government databases most of which are accessible on-line, a few clicks of a mouse will yield a treasure trove of information. But along with this bounty comes the inevitable question of boundaries: What information should be made publicly available? Can we use it? How should we use it?

The 11th Foreign Investment Negative List and its possible impact on...

Odds are that in the past week, you liked a friend’s post on Facebook, bought food from Food Panda, and booked a ride with Grab. I, myself, have done those things in the past couple of hours. This is indeed the age of E-Commerce and online businesses. You look at the Forbes list and at the top you’ll find Mark Zuckerberg, Jack Ma, and Jeff Bezos, who, by means of the internet, created billion-dollar internet-based businesses. These pervasive online businesses also affect more traditional business models. For instance, a giant retailer like Toys “R” Us has announced plans to close because of online stores like Amazon. Travel sites like Expedia have rendered travel agents unnecessary. Traditional cable and satellite TV services are fast becoming obsolete as people now choose to stream similar contents using sites like Netflix.

Senate Bill No. 1826: Redefining labor-only contracting

One of the most controversial issues on management rights today is the right to enter into contracting arrangements. Contracting is an arrangement where a business owner, also called a principal, agrees to farm out to another entity, called a contractor, the performance of a specific job within a definite period. In turn, the contractor hires its own employees to perform the job farmed out by the principal.

Investments for the environment

“When the last tree has been cut down, the last fish caught, the last river poisoned, only then will we realize that one cannot eat money.” -- Native American saying

The Mental Health Act: A Boon to Filipinos

With the alarming increase of mental health illnesses today, with more than 300 million people suffering from depression alone according to the World Health Organization, the enactment of Republic Act No. 11032 or the Mental Health Act last 20 June 2018 is a boon to Filipinos. It is an affirmation of the basic right of all Filipinos to mental health as well as the fundamental rights of people who require mental health services.

Continuing compliance requirements for the Data Privacy Act of 2012

Entities and individuals covered by Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012 (“DPA”) were required to register with the National Privacy Commission (“NPC”) in two (2) phases: (1) the appointment of a Data Protection Officer by last 09 September 2017; and (2) the registration of Data Processing Systems by last 08 March 2018.

Business-minded or business-hindered?

“A lot of people have ideas, but there are few who decide to do something about them now. Not tomorrow. Not next week. But today. The true entrepreneur is a doer, not a dreamer.” -- Nolan Bushnell, Entrepreneur

D.O. 195-18: An additional ground for wage deduction and its legal...

On 27 July 2018, the Honorable Secretary of Labor and Employment Silvestre H. Bello signed Department Order No. 195, Series 2018 (“D.O. 195-18”), entitled “RULE AMENDING SECTION 10 OF RULE VIII OF THE IMPLEMENTING RULES AND REGULATIONS OF THE LABOR CODE ON WAGE DEDUCTION.”

The TRABAHO Bill:Recurring dilemmas

WHILE few of us were watching, the House Committee on Ways and Means approved on Aug. 7 the substitute bill for the second package of the Tax Reform for Acceleration and Inclusion (TRAIN), which is now known as the Tax Reform for Attracting Better and High-quality Opportunities, or the TRABAHO Bill, for brevity.

Video games and intellectual property

LAST Aug. 26, 2018, the international gaming community watched intently as two of the world’s best DOTA2 teams went head to head for the championship title of The International 2018 (TI8), the biggest annual competition in the e-sports universe. OG emerged victorious, not only earning the respect of millions of players, but also a staggering USD11,227,487.00 as prize money.

Is ‘tambay’ a crime?

“I dle, shiftless and worthless man who made no attempt to follow any legal calling, and whose habits of life were those of an immoral and dissolute good for nothing.” This is how Justice Carson described a man guilty of vagrancy.

Increase in minimum public float for better corporate governance

Corporate governance is a system of rules and policies by which a company is directed and controlled. It influences the behavior of the company including how risks are managed and how objectives are set.

How the Mental Health Act affects employees

Mental health conditions, which include anxiety and panic disorders, depression, eating disorders, substance abuse and addictions, have become a pervasive issue which permeates our society. Anyone can be affected by these conditions regardless of nationality, age, or gender.

The PCC’s draft joint venture guidelines

Just recently, the Philippine Competition Commission (PCC) published the draft Joint Venture Guidelines (Draft Guidelines) aimed to help businesses determine when a joint venture shall be subject to compulsory notification pursuant to its power to issue guidelines on competition matters for the effective enforcement of the Philippine Competition Act (PCA).

Deriving value from E-Learning platforms

Business is an ever-changing landscape. It finds ways to create assets, improve what has been already done, and maximize utility at the least possible cost.

The ease of doing business act cuts red tape further

Bureaucracy teaches us two things: to wait and to execute everything in triplicate.

The right to be notified of data breach incidents

Consumer personal data has played an increasingly pivotal role in many markets and economies.

Tax-free exchange as estate planning tool is back

Have you heard of the tax-free transfer of property to a corporation or a “tax-free exchange” as an estate planning tool? In a tax-free exchange, the title over the property is transferred to a corporation, which in turn is controlled by the transferor. There is only a change in ownership in legal form, but none in fact and substance. The transfer is tax-free because it is not subject to income, documentary stamp and, under the new TRAIN law, value-added tax (VAT). The underlying idea is if there is no real transfer of ownership, there should be no tax on the transfer.

Electronic documents/data are covered by subpoena powers of the Philippine Competition...

One of the policy declarations of the Philippine Competition Act (Republic Act No. 10667, or the PCA) is to “[p]enalize all forms of anti-competitive agreements, abuse of dominant position and anti-competitive mergers and acquisitions, with the objective of protecting consumer welfare and advancing domestic and international trade and economic development [Section 2(c)].

How to maintain a trademark registration

To maintain a trademark registration with the Philippine Intellectual Property Office (IPOPHL), the registrant must use the mark in commerce and submit a Declaration...

In funds we trust

The Securities and Exchange Commission (SEC), recognizing the financial sophistication of trust funds, released on April 20, the proposed rules and regulations on determining...

Much EndO About Nothing

German-American socialist editor and author, Oscar Ameringer, once said: “Politics is the gentle art of getting votes from the poor and campaign funds from...

‘Displaced Personnel’: a labor consequence of the K to 12

Almost four (4) years have lapsed since the Enhanced Basic Education Act of 2013, or Republic Act 10533 (RA 10533), introduced the Enhanced Basic...

The TRAIN in the eyes of the DoF and BIR

The law cannot just be gauged on the basis of its provision. One should consider how its administrator views it. It should be recalled...

Data privacy update: The Annual Security Incident Report

The National Privacy Commission (NPC) recently extended the deadline to submit the Annual Security Incident Report for all security incidents occurring in 2017, to...

It’s the time of the year to think about tax

As the deadline for filing our annual income tax return (ITR) is fast approaching, it is fitting to remind ourselves of the legal requirements,...

Build, Build, Build, and the Swiss Challenge Method

Under the Build, Build, Build program, the government intends to spend $158 billion over the next five years in public infrastructure projects. This means...

DoLE Initiative in curbing the perils of a sedentary life

On Oct. 18, 2017, the Secretary of the Department of Labor and Employment (DoLE) Silvestre H. Bello III issued Department Order (DO) 184, Series...

Overtaxed corporations?

In today’s business community, corporations abound and are still growing in number. In many cases, entrepreneurs opt to conduct business as a corporate entity...

Financial institutions towards cyber resilience

Businesses have continued to rely heavily on the use of Information Technology (IT) for efficient delivery of products and services in response to emerging...

The Presidential veto in the passage of a law

Constitutions are the fundamental law of every nation. They put in place basic tenets and forms of government to be observed in the country....

Look on House Bill 6779: Coverage and Limitations

On Jan. 29, House Bill 6779 or “An Act Recognizing the Civil Effects of Church Annulment Decrees” was approved on its third and final...

New IPO Guidelines for patent examination

In line with its goal to deliver timely and quality patents, utility models and industrial designs, the Intellectual Property Office of the Philippines (IPO)...

Proposed rules and regulations on crowdfunding

Crowdfunding (CF) platforms have proven to be a popular way to solicit charitable donations and to raise funds for projects or business ventures. With...