On Video and Audio Recording using your Mobile Phone

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4th Oct 2019

With advancements in mobile technology, the average person can now record a documentary, or even an explosive exposé, merely using one’s mobile phone, with crystal clear picture and sound, that may even impress professionals. However, you must always be careful … more

Liability for Posting in Social Media

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In response to developments in technology and the ever-growing use of multiple forms of social media in the Philippines, Congress enacted Republic Act No. 10175, also known as the Cybercrime Prevention Act of 2012. R.A. 10175 deals with many crimes, … more

Antitrust/ Competition Law: Investigation of Administrative Cases involving Anti-Competitive Conduct before the Philippine Competition Commission

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2nd Oct 2019

Antitrust/ Competition Law: Investigation of Administrative Cases involving Anti-Competitive Conduct before the Philippine Competition Commission*   The Philippine Competition Commission (“PCC”) shall have original and primary jurisdiction over the enforcement and implementation of Republic Act No. 10667, otherwise known as … more

Antitrust/ Competition Law: Relevant Product Market and the Hypothetical Monopolist Test

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Antitrust/ Competition Law: Relevant Product Market and the Hypothetical Monopolist Test*   Market definition is usually the first step in competition analysis because the concepts that will be used in the analysis occur in the market (i.e. market power, competition, … more

Antitrust/ Competition Law: Vertical Restraints and Exclusive Dealing

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Antitrust/ Competition Law: Vertical Restraints and Exclusive Dealing*     A vertical agreement is an agreement or concerted practice entered into between two or more undertakings each of which operates, for the purposes of the agreement or the concerted practice, … more

Antitrust/ Competition Law: Abuse of Dominant Position in Light of Tying Arrangements or Tie-in Sales

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Antitrust/ Competition Law: Abuse of Dominant Position in Light of Tying Arrangements or Tie-in Sales*   Have you ever experienced a situation wherein your purchase of one product requires you to buy another product? This practice may be classified as … more

Employer’s SSS Condonation Program ends September 2019

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22nd Jul 2019

The Social Security System (SSS) recently issued a reminder/notice to all employers of the current SSS Condonation Program and the fast approaching deadline, to avail of the program. Under the law, a penalty of three percent (3%) per month is … more

No more fees for First-Time Job Seekers

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31st May 2019

The Philippine government has recently passed Republic Act 11261, also known as the First Time Jobseekers Assistance Act. Passed primarily for the benefit of a first time jobseeker, the hopeful applicant, who is applying for his or her first job, … more

Energy Conservation given the Green Light under Republic Act No. 11285

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Green energy advocates and conservationists, rejoice! Republic Act No. 11285 (RA 11285), otherwise known as the Energy Efficiency and Conservation Act, is now binding law in the Philippines. With RA 11285, energy conservation and efficiency are no longer terms within … more

The Apostille Is In!

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23rd May 2019

Red-ribbon documents are now a thing of the past. Beginning May 14, 2019, the Philippine Government will now accept apostilled (or apostillized) documents as a replacement for legalization or consular authentication with the Philippine Embassy. May 14, 2019 is the … more

The New Social Security Act of 2018

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1st Apr 2019

Republic Act No. 11199, otherwise known as the Social Security Act of 2018, expressly repealed Republic Act No. 1161 (the old Social Security Law) and Republic Act No. 8282 (amending the old previous Social Security Law). Signed into law on … more

A Glance at Abuse of Dominant Position under Competition and Antitrust Laws

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15th Feb 2019

The term abuse of dominant position refers to anticompetitive business practices in which a dominant firm may engage in order to maintain or increase its position in the market.[i] Abuse of dominance or monopolization is punished under competition laws worldwide.  … more

Important Dates for the 2019 Philippine Elections

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17th Jan 2019

            The election fever has once more hit the Philippines as we brace ourselves for the May 13, 2019 elections. However, it is important to remember that certain acts are prohibited during certain times. Our … more

Philippine Holidays for 2019

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9th Jan 2019

Pursuant to Proclamation No. 555, dated 15 August 2018, the Philippine holidays (both regular and special non-working days) for 2019 are as follows: 01 January 2019, Tuesday – New Year’s Day (regular holiday) 05 February 2019, Tuesday – Chinese New … more

Registration of Voters in the Philippines

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Suffrage has been defined as the right to vote in political elections. However, it has a deeper meaning than merely exercising the right to vote. Suffrage includes the right to shape the future. After all, in voting, we determine our … more

Substitution of Candidates in Philippine Elections

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2nd Jan 2019

Candidates for elective offices can be substituted. Pursuant to Section 77 of Batas Pambansa Bilang 881, otherwise known as the Omnibus Election Code, substitution of candidates is allowed only in cases of death, withdrawal or disqualification of the original candidate. … more

A Brief Primer on Petitions to Deny Due Course or Cancel a Certificate of Candidacy in Philippine Elections

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The information provided by a candidate in his Certificate of Candidacy (COC) cannot be taken lightly. Should a candidate make false statements of a material representation in the COC, his COC may be cancelled or denied due course. Section 78 … more

Certificates of Candidacies in Philippine Elections

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The importance of a valid certificate of candidacy rests at the very core of the electoral process. (Bautista vs. Comelec, G.R. No. 154796, 23 October 2003) As such, a person with a cancelled certificate is no candidate at all. The … more

THE LAW ON CHRISTMAS IN THE PHILIPPINES

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17th Dec 2018

Yes, you read the title right. There is a law on Christmas in the Philippines. The Philippine legal system is a civil law system. This means that the Philippines relies on laws enacted by Congress to govern all matters – … more

How to Resign Properly in the Philippines

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11th Dec 2018

If an employee is unhappy with his work or would like to seek greener pastures, the normal recourse is to resign. In San Miguel Properties v. Gucaban (G.R. No. 153982, 18 July 2011), the Supreme Court had the occasion to … more

Infographic: Mga Dapat Mong Malaman Tungkol sa 13th Month Pay

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10th Dec 2018

Bilang isang corporate lawyer in the Philippines, isa sa mga madalas na itanong sa akin ng mga empleyado sa kumpanya ay ang tungkol sa kanilang 13th month pay. Karaniwan ng itinatanong ng mga empleyado, lalo na ang fresh graduates, ang … more

Lost Title? Not a problem.

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2nd Oct 2018

What do you do when your precious land titles are lost?  In the Philippines, land titles are issued under the Torrens System. The Torrens system of registration governs the issuance of titles covering real properties in the Philippines. These include … more

Cartel Criminalization and Leniency Policies in the Philippines

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13th Jun 2018

Cartel Criminalization and Leniency Policies in the Philippines (13 June 2018)    “Let me start with the obvious: cartel behavior (price-fixing, market allocation, and bid- rigging) is bad for consumers, bad for business, and bad for efficient markets generally. And … more

Philippine Competition Law at a Glance

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Philippine Competition Law at a Glance 13 June 2018   On 21 July 2015, Republic Act No. 10667, otherwise known as the Philippine Competition Act was finally enacted and became effective on 08 August 2015. However, a transitional period was … more

How to file a Trademark Infringement Case with the Philippine Intellectual Property Office

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27th Mar 2018

Blood, sweat and tears. All these you invested so your brand can establish its niche in the market.  After years of hard work, your brand is now popular. You now have a regular clientele who patronize your products bearing your … more

The Philippine Data Privacy Law and Regulations tell us, “Beware the Ides of March!”

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15th Mar 2018

“Beware the ides of March!” is from William Shakespeare’s famous tragedy, Julius Caesar. It was a warning uttered by a soothsayer to Julius Caesar, that he should stay home and be careful when March 15, the ides of March, comes. … more

Data Privacy in the Philippines

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11th Feb 2018

Information and communications technology plays a vital role in nation-building and development of the country. In the information age, he who holds information holds power. From macro-economic perspective, the free flow of information is concededly vital to the growth of … more

Philippine Holidays for 2018

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22nd Jan 2018

The Philippine holidays (both regular and special non-working days) for 2018 pursuant to Proclamation No. 269 are as follows:   01 January 2018, Monday – New Year’s Day (regular holiday)   16 February 2018, Friday – Chinese New Year (Special … more

When Can a Policeman Arrest You?

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25th Oct 2017

When we watch the news, we oftentimes see a scenario whereby a victim is pointing at the accused which would prompt the policeman to immediately arrest the accused and detain him.  In movies, we see the policeman knocking on a … more

FAQs on Search Warrants

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When a policeman knocks on your door and wants to search your house, will you let him in? If you are standing in a street, can a policeman just search through your belongings? The answer is no, unless he is … more

Ang Krimen na Pagtataksil sa Asawa

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16th Oct 2017

Ang pagtataksil sa asawa ay isang krimen sa Pilipinas. Ang pakikipag-relasyon nang isang kasal na lalaki o babae sa iba ay pinaparusahan nang ating batas.  Hanggat walang hatol ang isang korte na pinapawalang bisa ang kasal, hindi malaya ang isang … more

Philippine Bank Secrecy Law Simplified

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10th Oct 2017

The current banter between President Duterte and Senator Trillianes about bank secrecy waivers has piqued the interest of the public on the matter of bank secrecy.  So, what is bank secrecy? Is it absolute? Are there any exceptions?   On … more

The Philippines’ Nationwide Smoking Ban under Executive Order No. 26: Separating Fact from Fiction

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20th Jun 2017

The “action-packed” presidential issuance from President Rodrigo Duterte, signed on 16 May 2017, Executive Order No. 26 (EO 26), otherwise known as the Nationwide Smoking Ban, takes effect sixty (60) days from its publication in a newspaper of general circulation. … more

The Revised Regulations are Out! The 7 Commandments of Distraction-Free Driving

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15th Jun 2017

The June 2017 Revised Implementing Rules and Regulations (Revised IRR) for Republic Act No. 10913, also known as the Anti-Distracted Driving Act, is out, and will take effect fifteen (15) days from publication in either the Official Gazette or in … more

How to Get a License to Operate a Recruitment Agency in the Philippines

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So you want to engage in the business of operating an employment agency deploying Filipino workers abroad? Don’t get too excited and commence business immediately.  You must bear in mind that you cannot just recruit and deploy without a license … more

Ownership of Land Can be Taxing! A Guide to Real Property Tax in the Philippines

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9th Jun 2017

Everyone dreams of owning their own house and lot. When you achieve such goal and receive your Transfer Certificate of Title, all the years of hard work have indeed paid off. However, being a landowner has its consequences. You now … more

The Invisible Yet Invincible Maritime Lien

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5th Jun 2017

As a general rule, when ownership of personal property (chattel), like a car for example, is transferred to another under a clean title – meaning, that no mortgage is annotated in the car’s registration – the transfer of ownership is … more

Basics on the Contract of Agency

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2nd Jun 2017

We oftentimes hear the words “agency”, “principal”, “agency relationship” and “ahente”. So, what do these words mean? What is the relationship between an agent and his principal? What are their liabilities? Read on and learn the basics. The Civil Code … more

Basics on the Sale on Consignment

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When you are engaged in retail trade, sometimes it is not practical to buy huge volumes of stocks to sell to your customers as this will require a higher cost on your part. You also subject yourself to the risk … more

The Nature of Sublease Contracts

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Say for example you are renting a business space or apartment, not from the owner, but from another lessee. Under the law, you are considered as a sublessee. If the owner of the property tries to enforce the terms of … more

Cooking-up Your Contracts using “Boilerplates”

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“Boilerplate” provisions refer to template provisions or “one-size-fits-all” clauses usually found at the end of most contracts. Because they are so-common, these provisions are often taken for granted especially by lawyers. To the perceptive eye however, boilerplate provisions should be … more

FAQs on Martial Law in the Philippines

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29th May 2017

1.  Who can place the Philippines under martial law? —  The President of the Philippines can place the Philippines under martial law.   2.  What areas of the Philippines can be placed under martial law? —  Any part of the … more

FAQs on Having a Child Declared Legally Available for Adoption in the Philippines

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18th May 2017

1.  What law governs the declaration of children as legally available for adoption? Republic Act No. 9523 (RA 9523) is the governing law. It requires the certification of the Department of Social Welfare and Development (DSWD) to declare a child … more

FAQs on Adoption in the Philippines

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1.  What law governs domestic adoption? —  Republic Act No. 8552 , or the Domestic Adoption Act of 1998, as amended by Republic Act No. 9523, governs local adoption.   2.  Who may adopt? —  Sec. 7 of RA 8552 … more

Things You Wonder About Conjugal Property but were Afraid to Ask

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There is no doubt that you love your husband or your wife.  However, you sometimes wonder what properties you own exclusively that are beyond the reach of your spouse.  Not that you don’t trust your wife.  After all, almost every … more

Payment of the 13th Month Pay

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12th May 2017

In the Philippines, the sound of Christmas bells not only evokes the feeling of Christmas cheer but also signals for the payment of the 13th month pay for employees.   Under Presidential Decree 851, all rank-and-file employees are entitled to … more

Joint Ventures in the Philippines

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We can’t do everything by ourselves. Sometimes, we need a little help. Oftentimes, we need a joint venture.     The Philippine Supreme Court has described a joint venture as an association of persons or companies jointly undertaking some commercial … more

Licensing Agreements in the Philippines

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Licensing agreements, including the assignment, licensing or transfer of intellectual property rights, must be recorded with the Philippine Intellectual Property Office (“IPO”) in order to be enforceable.  However, these agreements need not be recorded if they conform with the requirements … more

How to Close a Corporation through the Shortening of its Corporate Term in the Philippines

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9th May 2017

Life is tough. So is business.  So when the going gets tough, sometimes corporations need to close down.  However, it is not as simple as packing up your things and leaving.  A formal process must be done to legally close … more

Payment of Night Shift Differential in the Philippines

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3rd Mar 2017

Do you sometimes wonder why call center agents have salaries higher than some employees?  One of the reasons is the night shift differential pay.  Under Philippine labor laws, an employee who works between 10 p.m to 6:00 a.m. should be … more

How to Appeal Trademark Cancellation and Opposition Cases in the Philippines

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20th Feb 2017

If you have lost in a trademark opposition or cancellation case (classified as inter partes proceedings) with the Philippine Intellectual Property Office, do not lose hope.  The losing party has remedies under the law for the appeal of his case. … more

Philippine Holidays for 2017

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17th Feb 2017

The Philippines is one of the countries with the most generous number of public holidays.  It is very important for businessmen to know these holidays to ensure that they are paying the proper holiday pay to their employees.  The two … more

Creating a Company with a Foreign Principal in the Philippines

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7th Feb 2017

Foreigners can do business in the Philippines. In fact, foreign investment contributes greatly to the Philippine economy.  Some foreigners wish to establish companies in the Philippines which either form part of the company abroad or with a separate entity from … more

How to Cancel a Trademark in the Philippines

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 What will you do if a company is using your trademark? What if this company has fraudulently registered your trademark in his own name? The remedy to this problem is to have that company’s trademark cancelled.     Section 1511.1 … more

Annoying Someone is a Crime

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16th Jan 2017

Did you know that the act of annoying someone is a crime? Yes, it is and we certainly are not pulling your leg.  The act of annoying someone is called unjust vexation and considered a form of light coercion punishable … more

How To Punish an Unfaithful Husband In The Philippines

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Why do husbands cheat on their wives? We do not know the answer to that.  However, we do know that cheating on one’s wife is punishable by law.   Article 334 of the Revised Penal Code punishes the husband when … more

Children aboard Motorcycles

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4th Jan 2017

When plying streets in the Philippines, one can see the surge of motorcycles on the road. Sadly, there are irresponsible motorists who not only disregard traffic laws but also their own and their loved one’s safety.  An example of such … more

Born & Living in the Philippines but Not a Filipino? Here’s an easier way to become a naturalized Filipino Citizen

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17th Oct 2016

Were you born in the Philippines and living here all your life but still considered a foreigner? If you wish to become a Filipino citizen, then you can apply for administrative naturalization.   Republic Act No. 9139 otherwise known as … more

Are you a Consumer? Then Read This: CHANGE IS COMING!

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20th Sep 2016

Yes, that is right. All consumers must be given the exact change by business establishments. The newly passed Republic Act No. 10909 mandate this in very clear terms. The law prohibits business establishments from giving insufficient or no change to … more

Lifting Foreign Ownership Restrictions in the Philippines

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Not long ago, the Philippines adhered to a protectionist policy, implementing numerous restrictions on foreign ownerships of businesses in the Philippines. In the past, the Philippine retail business was reserved exclusively for Filipino citizens. However, this changed with the legislation … more

Love is made of Plastic: New Credit Card Regulations that You Should Know

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They come in almost all colors: red, orange, gold (yellow), green, blue, indigo, and black. Some are in precious metals like titanium or platinum, or in rare gems like diamond, or sapphire. These little pieces of plastic can be your … more

Employers Beware: Age does not matter, unless you’re getting cheese

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In the Philippines, it is now illegal to hire employees based on age. Long gone are the days when you will see an advertisement: “Wanted Secretary, 18-34 years old” or “Wanted driver, between 25-40 years old”. The practice of employers … more

Are You a Distracted Driver?

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19th Sep 2016

The crime of “Distracted Driving” is a new legal term. Punished under Republic Act No. 10913, which lapsed into law during the latter part of August 2016, a person caught running a vehicle with one hand, while operating any electronic … more

How to Form a Corporation in the Philippines

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25th Jul 2016

In order to set up a corporation in the Philippines, the incorporation process is lodged with the Securities & Exchange Commission (SEC). Thus, the following documents must be submitted with the SEC: 1. Name Reservation/Verification Slip 2. Cover Sheet 3. … more

A Simple Guide to Contract of Sale of Real Property

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11th Jul 2016

Selling property should not be a complex matter. Although it is advisable to secure the services of a lawyer to draft the Contract of Sale, there are templates that are downloadable in the internet. Of course, care must be taken … more

Punishing Violence Against Women in the Philippines

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8th Jul 2016

Republic Act No. RA 9262 , otherwise known as the Anti-Violence Against Women and Their Children Law (“VAWC”), defines violence against women and children as “any act or a series of acts against a woman who is his wife, former … more

Intellectual Property Protection in the Philippines

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  The Philippines adheres to the Paris Convention for the Protection of Industrial Property Rights, the Berne Convention for the Protection of Literary and Artistic Works, the Patent Cooperation Treaty, the TRIPS Agreement and the WIPO Copyright Treaty, among others. … more

How to Close a Business in the Philippines

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6th Jul 2016

Financial reverses, shift to a different industry, migration to another country, incessant problems are just some of the reasons why some people close their business.  Whatever the reason is, it is always a painful decision to raise your hands in … more

Maternity Rights in the Philippines

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Motherhood is a gift and the ability of a woman to endure pregnancy is a miracle that has perplexed even the scientific minds. However, behind this wonderful gift is a painful reality that women worldwide have to endure in the … more

The Philippine Competition Law: Regulating Mergers and Acquisitions, Monopolies and Combinations in Restraint of Trade in the Philippines

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23rd Jun 2016

Free trade in the Philippines has been a battle cry of businesses in all nations. With the influx of globalization, new business models have been created, leading to more innovative modes of doing business in the Philippines. On the face of … more

Q & A on Small Claims Cases in the Philippines

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29th Apr 2016

Do you wish to collect money from someone who owes you but cannot afford to spend on heavy legal fees? Is your lessee not paying his rent but you do not want the hassle of a long court trial? Did … more

How to Conduct Due Diligence in the Philippines

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13th Apr 2016

           In this diverse society, it is inevitable that at one point in our lives, we will have to conclude or close deals with strangers.  Although in an ideal world, trust should be sufficient, it is difficult, if not outright … more

Understanding Property Relations Between Husband and Wife in the Philippines

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           “For richer, for poorer, in sickness or in health, to love and to cherish till death do us part.” This is part of the marriage vow being recited during weddings. Being married to someone entails not only sharing one’s … more

Qualifications for Philippine Elective Office

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Qualifications prescribed by law for public elective positions in the Philippines are continuing requirements and must be possessed for the duration of the officer’s active tenure. It is the Philippine Congress which has the power to prescribe additional qualifications and … more

How To Sue Your Wife For Adultery In The Philippines

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15th Sep 2015

The sound of wedding bells and the tune of “Here Comes the Bride” are wonderful sounds which most people aspire to hear.  However, once the ceremonies are over and the fairy tale ends, there are some grim realities that beset … more

Understanding Statutory Leaves of Employees in the Philippines

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20th May 2015

                As the old saying goes, all work and no play makes Jack a dull boy. Hence, part of improving an employee’s efficiency is to allow him to take a leave from work without sacrificing his income. The Philippine Labor … more

Limitations on Foreign Investments and Equity in the Philippines

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30th Mar 2015

Foreign investments are encouraged by the Philippine government to fuel economic growth.  Based on data culled from the National Statistical Coordination Board (“NSCB”), the total approved foreign investments in the Philippines for the year 2014 amounted to P186.9 Billion Pesos … more

Benefits of Getting a Trademark Agent

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3rd Mar 2015

               If you are interested in filing a trademark application in the Philippines or wish to protect your business brand or trademark, it is quite tempting to undertake the task on your own.  As … more

Frequently Asked Questions (FAQs) on Philippine Trademark

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If you are interested in filing a trademark application in the Philippines or wish to protect your business brand or trademark, it is necessary that you learn about trademarks in general and how to seek protection. Stated below are commonly … more

Maintaining Your Trademark in the Philippines

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13th Feb 2015

           The Philippine Intellectual Property Office (“IPO”) does not require proof of use in commerce in the processing of trademark applications.  However, during the life of the trademark, the applicant or registrant must prove that it … more

Trademark Opposition Proceedings in the Philippines

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A party may file an opposition to a Philippine trademark within a period of thirty (30) days from the date of publication of the mark in the e-gazette of the Philippine Intellectual Property Office (IPO).  The e-gazette may be viewed … more

The Treatment of Medical Malpractice in the Philippines

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5th Feb 2015

Proving medical malpractice in the Philippines one of the more difficult civil cases in the Philippines. Medical procedures involve, to a great degree, technical matters, which must be clearly understood first, prior to pursuing a claim that a treatment was … more

How to Compel a Corporation to Grant Access to Corporate Records

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Access to corporate records is vital in any corporation. Whether these records pertain to financial documents, human resources, operation endeavors, future plans, or even building and floor plans, these records help the officers, directors, and the stockholders map out the … more

How to Implement a Redundancy Program in the Work Place

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Dismissal of workers due to redundancy is a management prerogative governed by the Article 283 of the Labor Code. This is one of the authorized causes which an employer, in good faith, may utilize as a measure of efficiency in … more

How to Transfer Shares of Stock in a Corporation

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2nd Feb 2015

Philippine law treats shares of stock in a corporation as personal property. Similar to other personalty, the owner of the property can sell, assign, transfer or convey his property to another as he wishes. This is an attribute and principle … more

16th Jan 2015

Separation pay has been defined as the amount that an employee receives at the time of his severance and is designed to provide the employee with the wherewithal during the period he is looking for another employment. However, this broad … more

How to Do Business Legally in the Philippines

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11th Nov 2014

Contrary to popular belief, it is actually easy to legally do business in the Philippines.  The Philippine government has taken great strides to ensure ease of doing business in the country. You must first remember that in order to do … more

How to Get a Special Investor’s Resident Visa (SIRV)

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10th Sep 2014

How to Get a Special Investor’s Resident Visa (SIRV)   The Special Investor’s Resident Visa (SIRV) is a visa issued by the Bureau of Immigration through the Board of Investments (“BOI”) pursuant to the provisions of the Omnibus Investments Code … more

Illegal recruitment and its Penalty

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What is illegal recruitment? Republic Act No. 10022, otherwise known as the Migrant Workers Act”  defines illegal recruitment as any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising or advertising for … more

Philippine Representative Office

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A Representative or liaison office deals directly, with the clients of the foreign parent company but does NOT derive income from the Philippines and is fully subsidized by its foreign head office. It undertakes activities such as but not limited … more

Philippine Branch Office

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A Branch office of a foreign company carries out the business activities of the foreign head office and derives income from the Philippines. It has NO separate legal personality since it is merely an extension of the foreign head office. … more

Philippine Subsidiary

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Should you wish to incorporate a Philippine subsidiary, you need to file an application with the Securities & Exchange Commission. It must be noted that a subsidiary has a distinct and separate personality from its parent company. In forming a … more

Slander & Oral Defamation

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Being the subject of unfair criticism and gossip are matters which adversely affect persons from all walks of life. At one point, we have encountered situations wherein we have been victimized by insulting and defamatory remarks.  Oftentimes, we ignore such … more

Philippine Estate Tax

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2nd Jul 2013

IMPORTANT:  This article is relevant only to those who died before 01 January 2018 since Republic Act No. 10963, otherwise known as the Tax Reform for Acceleration and Inclusion Law (TRAIN Law), amended the Tax Code, including the procedure, tax … more

16th Apr 2013

Before commencing your business in the Philippines, you need to secure a Business permit or Mayor’s permit, as it is commonly called, from your local government where your business is located. Here are some notes on business permits: • Business … more

Trademark applications are filed with the Philippine Intellectual Property Office (IPO). Filipinos or Filipino corporations may directly file their applications with the IPO. However, foreigners or foreign corporations have to appoint a local agent or representative in order to file … more

Before a foreigner commences work in the Philippines, he must first secure an Alien Employment Permit (AEP) from the Department of Labor and Employment (DOLE). However, not all foreigners are required to do so. The following are exempted from securing … more

The right of management to dismiss workers on the ground of retrenchment to prevent serious losses is governed by Article 283 of the Labor Code. This is one of the authorized causes of termination of employment. However, before one can … more

Any person, natural or juridical, cooperative or association, or business entity or enterprise engaged in production, processing, manufacturing of products or commodities, including agro-processing, trading and services may apply for Certificate of Authority as a BMBE provided that they should … more

Women employees who are victims as defined in Republic Act No. 9262, otherwise knows as the Anti-Violence Against Women and Their Children Law, are entitled to a leave of up to ten (10) days with full pay. The said leave … more

An employee may only be terminated for just causes or for authorized causes under the Labor Code. The following are considered as just causes: 1. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer … more

Suspension of an employee may either be 1) imposed as an administrative penalty for infractions committed or 2) preventive suspension pending investigation of an employee. If we are dealing with the second kind (preventive suspension pending investigation), the following conditions … more

Republic Act No. 8972 grants parental leave of seven (7) work days with full pay every year, in addition to leave privileges under existing laws, to solo parents. Parental leave for solo parents is granted to any solo parent or … more

Businesses can be conducted in many ways. It may be through a sole proprietorship, partnership or corporation. Sole proprietors must register with the Department of Trade & Industry (DTI) while corporations and partnerships are registered with the Securities & Exchange … more

The Special Resident Retiree’s Visa (“SRRV”) is a visa issued by the Bureau of Immigration through the Philippine Retirement Authority (“PRA”). The SRRV is a special non-immigrant visa that provides its holders with multiple-entry privileges and indefinite stay in the … more

A person who purchases a cellphone, portable dvd player, a coffee maker, or toy finds warranty cards and other written contract terms inside the box. If the product is contained in a cellophane-wrapped box, sealed, with tamper-proof packaging, these terms … more

A fixed-term employee or contractual employee is a type of employee whose employment is fixed for a certain period of period of time. When the contract expires and is not renewed by his or her employer, the employment of the … more

A common predicament faced by businessmen is violating the Batas Pambansa Blg. 22 also known as the Bouncing Checks Law. Evidently, businessmen issue checks as a matter of practice, and sometimes when the due dates of these checks fall, either … more

The protection of intellectual property rights is a primordial concern, especially in the field of business format franchising. Business format franchising, to a large extent, involves the use by a person called a franchisee of the intellectual property another called … more

In “shopping” for a lawyer, the first thing the usually comes to mind is how much a lawyer charges. Generally, the professional fees of a lawyer depend on the nature and complexity of the case, the financial capacity of the … more

You have a business idea in mind; a great concept which you think will be very profitable. You have the over-all know-how to accomplish the business, and the will to succeed. You need capital and have been thinking of bringing … more

An employment contract is an essential part of every business. An incomplete or badly drafted employment contract could spell trouble to an employer from both a legal and business perspective. For instance, if an employee learns of certain trade or … more

A corporation is defined by the Corporation Code as an artificial being created by operation of law, having the right of succession and the powers, attributes and properties expressly authorized by law or incident to its existence. Consequently, as an … more

If you are interested in franchising, whether as a franchisor or a franchisee, an important document to consider is the franchise agreement. A franchise agreement is usually a voluminous document. Of course, it is not the intention of the franchisor … more

The first part of “Dissecting a Franchise Agreement” dwelled on the subject matter of the franchise agreement, namely, the business format being franchised. Since a franchise agreement is usually a lengthy document, it is best that the agreement be broken … more

The last element of any contract, which is necessarily present in a Franchise Agreement, is the element of cause or consideration. Our law defines cause or consideration as the prestation or promise of a thing or service by the other. … more

We have dissected the Franchise Agreement down to its most basic elements, namely: consent, subject matter, and cause or consideration. The first two parts of ‘Dissecting a Franchise Agreement’ discussed the two essential elements of a valid Franchise Agreement, namely, … more

Many countries have laws that regulate commercial franchising, such as Vietnam, Australia, Indonesia, Japan, China, Taiwan, Malaysia, South Korea, and the United States, among others. Nevertheless, unlike most countries, the Philippines does not have a law specifically regulating commercial franchising. … more

In any business venture, there are two resources which must be considered: capital and labor. Every businessman knows the saying “to make money, you have to spend money.” Every business entails a bit of risk-taking. The ability and the willingness … more

A contract is the bible to any arrangement. It sets out the obligations of all the parties to a transaction, and determines the extent to which a party may be liable if anything goes wrong. Thus, it should be effective, … more

In doing business, there are various forms of business entities to consider, the most common forms of which are 1) single proprietorships, 2) corporations, and c) partnerships. A single proprietorship is a business operated by a single individual. Registration of … more

There is no divorce in the Philippines. However, a marriage may be annulled in the Philippines for any of the following causes, existing at the time of the marriage: (1) Either party was eighteen years of age or over but … more

Not all acts constitute crimes. A person who is defending himself, family or property cannot be held criminally liable.  Article 11 of the Revised Penal provides for justifying circumstances whereby the person is said to be acting in accordance with … more

In criminal and family law, the novel concept of Battered Woman Syndrome (BWS) vis-à-vis self-defense has been a controversial topic. Republic Act No. 9262, otherwise known as the Anti-Violence Against Women and Their Children Act (“VAWC”) puts into law this … more

If you are interested in engaging in business or practicing your profession with some colleagues, a partnership may be the proper vehicle. The Philippine Civil Code provides for a definition of a partnership as follows: Art. 1767. By the contract … more

Listed below is a summary of the mandatory benefits and provisions for employees in the Philippines under the Labor Code and special laws: 1. Minimum wage = P537.00 per day (in NCR) as of 22 November 2018 2.  13th month … more

When through your own efforts or resources, you subsequently develop an invention, new technology or breakthrough, it is important to have it protected. Such intellectual property can be copied or exploited by others if it is not protected. The usual … more

Under the old Labor Code, women were prohibited from engaging in night work. As such, Article 130 of the Labor Code provides: Art. 130. Nightwork prohibition. No woman, regardless of age, shall be employed or permitted or suffered to work, … more

Republic Act No. 7877, or the Anti-Sexual Harassment Act of 1995 (RA 7877), is the governing law for work, education or training-related sexual harassment. RA 7877 states that “work, education or training-related sexual harassment is committed by an employer, employee, … more

Applying for a US tourist visa is not as burdensome as it was before. Gone are the days when one has to camp outside of the US Embassy just to apply for a visa. At present, the US Embassy has … more

The Articles of Incorporation is the bible of a corporation. It spells out the pertinent information concerning: a. The name of the Corporation b. The primary and secondary purposes of the Corporation c. Place of principal office of the Corporation … more

Entrepreneurs are exposed to government agencies in the usual daily grind of their business. Most companies have to submit monthly forms to the Bureau of Internal Revenue such as the 2550M (Monthly Value-Added Tax Declaration), or the 2551 M (Monthly … more

Settlement of an estate need not undergo judicial proceedings all the time. Rule 74, Section 1 of the Rules of Court allows the extrajudicial settlement of estate by agreement among the heirs. Said Rule states: Sec. 1. Extrajudicial settlement by … more

Selling your business can be motivated by many factors such as inability to continue the business, business losses, buy-out by a competitor, handsome offer by an investor, to name a few. The decision to sell your business will depend upon … more

Contracting and sub-contracting arrangements are commonplace in most business transactions. Instead of hiring their own messengers, janitors and security guards, among others, entrepreneurs have learned the value of outsourcing these services to contractors. Truth be told, contracting out these jobs … more

On 24 November 2011, the President issued Proclamation No. 295 which declares the regular holidays, special non-working days and special holidays for the year 2012. Employers and employees alike should be familiar with these days. On the side of the … more

The recent death of a freshman law student on 19 February 2012 due to hazing compounded by the promulgation by the Supreme Court of its decision concerning the death of Lenny Villa on February 1991 due to a fraternity hazing, … more

Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines (“IP Code”), is the law governing copyright, in addition to international treaties which the Philippines is a signatory to. Under the IP Code, copyright subsists in … more

Copying original and intellectual creations is considered as copyright infringement and is punishable under Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines (“IP Code”). In order to prove copyright infringement, one must show that … more

The Intellectual Property Code of the Philippines defines an industrial design as any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors; provided that such composition or form gives a special appearance … more

An invention patent is concerned with any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable. Such definition makes it difficult for people to secure an invention … more

As a general rule, no entry in the civil register shall be changed or corrected without a judicial order. Hence, the usual process for correcting errors in the birth certificate is to file a petition in court. Fortunately, Republic Act … more

If someone is seeking to register a trademark that may be confusingly similar to your trademark, you may file an opposition to such trademark within 30 days during its publication in the IPO e-gazette. Marks are published in the website www.ipophil.gov.ph. … more

Holiday pay has been defined as payment of the regular daily wage for any unworked regular holiday. However, not all employees are entitled to holiday pay. The benefit does not apply to: 1. Government employees 2. Those of retail and … more

8th Apr 2013

If you are a victim of crime or felony in the Philippines, it is wise to report the crime or felony with the barangay and police authorities. Thereafter, you must secure a barangay blotter and police blotter or report so … more

HOURS OF WORK OF EMPLOYEES Article 83 of the Labor Code enunciates that the normal hours of work of any employee shall not exceed eight (8) hours a day. This is exclusive of the one (1) hour lunch break. The … more

Republic Act No. 10381 or the “Batas Kasambahay” is the law governing the rights and liabilities of both the househelps or domestic workers and their respective employers or “amo”. The Batas Kasambahay requires an Employment Contract be executed between the … more

Learn more about legal rights and remedies in the Philippines by clicking on the corresponding links below. The information provided here should not be construed as legal advice or opinion. This is for information purposes only and is not intended … more

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