Legal Advice on Philippine Law and Jurisprudence

Scholarly articles and posts about Law, Jurisprudence, and Insights on Various Aspects of Philippine laws

2020 Annual Reporting Requirement with Bureau of Immigration NDLAW

2020 Annual Report Requirement for Foreign Nationals

Legal Advice on Philippine Law and Jurisprudence /

As it is the start of the year, all foreign nationals are reminded of complying with the Bureau of Immigration’s Annual Report Requirement for 2020 (http://immigration.gov.ph/41-annual-report-a-r). Foreign nationals holding Temporary Visitor’s Visas or Tourist Visas are excluded from this requirement. Mandatory under Philippine Law The annual report is mandatory under Republic Act No. 562 otherwise […]

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Nicolas and De Vega Law Offices Competition Law Anaylsis using the SCP Framework

Analyzing Whether a Business Conduct Contravenes Competition Law Using the Structure-Conduct-Performance Framework

Legal Advice on Philippine Law and Jurisprudence /

What is Structure-Conduct-Performance Framework To determine whether a business conduct contravenes antitrust laws, it is necessary to make a competition analysis. The analytical framework that is commonly used in competition analysis is the Structure-Conduct-Performance Framework (SCP).  The SCP approach assumes that there is a stable, causal relationship between the structure of an industry, firm conduct

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search and seizure under PCA

Dawn Raids? No problem. The Rule on Administrative Search and Inspection under the Philippine Competition Act

Legal Advice on Philippine Law and Jurisprudence /

The Philippine Competition Act (“PCA”) prohibits certain anticompetitive conduct. The Philippine Competition Commission (“PCC”) is tasked with the enforcement of the law. To successfully prosecute violators of the PCA, the PCC, under the the Philippine Supreme Court issued A.M. 19-08-06-SC, is empowered to conduct dawn raids, and apply for an inspection order before the Special Commercial Court of the place to be inspected is located.

Dawn Raids? No problem. The Rule on Administrative Search and Inspection under the Philippine Competition Act Read More »

Who let the Dogs Out? What to do When your Dog Bites a Person

Legal Advice on Philippine Law and Jurisprudence /

Under Republic Act No. 9482, otherwise known as the Anti-Rabies Act of 2007, the pet owner has responsibilities when his pet dog bites another. He must assist the Dog bite victim immediately and shoulder the medical expenses incurred and other incidental expenses relative to the victim’s injuries

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A Law that Can Protect Bloggers?

Legal Advice on Philippine Law and Jurisprudence /

Approved by President Rodrigo R. Duterte on August 30, 2019, Republic Act No. 11458 (RA 11458) was passed, expanding the existing protection given to print and traditional media publishers, editors or reporters, and granting the same protection to “duly recognized or accredited journalist, writer, reporter, contributor, opinion writer, editor, columnist, manager, media practitioner involved in the writing, editing, production, and dissemination of news for mass circulation, of any print, broadcast, wire service organization, or electronic mass media, including cable TV and its variants.”

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Community Service as A Penalty for a Felony

Legal Advice on Philippine Law and Jurisprudence /

Under the Community Service Act, the court may, in its discretion, and lieu of service in jail, require that the penalties of arresto menor and arresto mayor be served by the defendant by rendering community service in the place where the crime was committed, and under such terms as the court shall determine, taking into consideration the gravity of the offence and the circumstances of the case.

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A Guide on One Person Corporations in the Philippines

Legal Advice on Philippine Law and Jurisprudence /

A One Person Corporation (”OPC”) may be formed in the Philippines whereby the OPC is composed of a single stockholder who can only be a natural person, trust or estate. Its term of existence is perpetual but in case of a trust or estate, the term shall be co-terminous with the existence of the trust or estate.

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A Law for Left Handed-Students

Legal Advice on Philippine Law and Jurisprudence /

Approved by the President on August 22, 2019, Republic Act No. 11394 (RA 11394) makes its obligatory for all schools, both public and private, that makes use of armchairs in the classroom, to provide neutral desks to all students. RA 11394 even defined a neutral desk to mean “a table or an armchair that is suitable for both right-handed and left-handed students.” The law further required that at least ten percent (10%) of the student population be provided with neutral desks.

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An Unregulated Franchising Environment (updated October 2019)

Legal Advice on Philippine Law and Jurisprudence /

In the Philippines, there is no requirement to register a franchising agreement. A Technology Transfer Arrangement need not be registered with the Intellectual Property Office if it complies with the mandatory provisions and does not contain any of the prohibited clauses. On the other hand, some countries require that the franchise agreement be registered and oftentimes updated annually. Parenthetically, since there is no law specifically addressed at franchising, there is also no government agency charged with regulating the business of franchising in the Philippines. Perhaps, it is about time that Congress enact a law on franchising to protect the legitimate players in such thriving industry.

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