Philippine Legal Advice

This article talks about the police power of a local government unit such as city, including the limitations thereof. When lotto and casinos are allowed by the state, a city, through an ordinance, cannot ban the operations thereof in its territory.

This article talks about the crime of alarms and scandals such as discharging explosives, making loud noises, disturbing public peace and making a scandal in public punishable under the Revised Penal Code of the Philippines.

This article talks about the police power of the state and how it should be lawfully exercised by the government under the Philippine Constitution.

This article talks about the crime of serious physical injuries, less serious physical injuries, slight physical injuries and maltreatment punishable under the Revised Penal Code of the Philippines.

This article discusses the changes introduced by Republic Act 11595 to Republic Act 8762 also known as the Retail Trade Liberalization Act of 2000.

This article is about Republic Act 11596 which criminalizes and punishes child marriages and cohabitation with children.

his article discusses Republic Act 11337, the law that supports startup companies and business in the Philippines

This article discusses the Philippine Holidays 2023 and Non-Working Days for the year 2023, as declared under Proclamation No. 90.

This article talks about Republic Act No. 11765, also known as "Financial Products and Services Consumer Protection Act”. This law aims to protect consumers of financial products and services.

This article talks about Republic Act No. 11711 which amended the old Contractor’s License Law, and increased the fines and penalties, clarified the validity of license to operate and granted longer renewal periods for contractors in good standing.

This article talks about Republic Act No. 11861 which expanded the rights and benefits of solo parents or single parents by introducing penalties for violation, creation of a system for registration for Solo Parents, and institutionalized the management of solo parents and benefits by creating a local government office designated to administer, monitor and regulate the identification and registration of solo parents.

This article answers the question as to who has custody over an illegitimate child after the mother dies.

This article discusses the importance of pre-trial and the effects where a party fails to attend the pre-trial of a case.

This article discusses the tax implications and requirements for closing a branch or department of a company.

This article is all about corporate proxies, their use, and the laws and regulations that govern them in the Philippines.

This article discusses the key points of the Philippines’ Data Privacy Act of 2012.

This article discusses how PAGCOR licensees, service providers and suppliers are taxed.

This article discusses how to close a department or branch of a company.

This article discusses how consultants are taxed under Philippine laws.

This article answers whether an employee can be entitled to separation pay and retirement pay simultaneously.

This article discusses about the different kinds of consent required under the Data Privacy Act, in the collection of data.

This article discusses whether cookie banners are required under the data privacy laws of the Philippines.

This article talks about the effect of mergers or acquisitions in the status of employment of the employees of the absorbed company.

This article talks about the remedy of filing an application for delayed registration of birth with the local civil registry office where one has no birth certificate.

This article talks about the liability of an accused in case of failure to give child support. This may take the form of either economic abuse or psychological violence under RA 9262 or VAWC.

This article talks about being fired from work or termination of employment due to habitual or numerous absences.

This article talks about the people who will inherit or are considered heirs when someone dies without a will.

This Article discusses the suspension of product registration requirements under FDA Circular No. 2021-011-A.

This article discusses continuing a partnership business after a partner withdraws or leaves.

This articles discusses how to deal with work-related death of employees in the company.

This article discusses the effect of withdrawal of a partner from a partnership or joint venture.

Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012, protects and regulates the sharing or processing of personal information in the Philippines.

Electronic Money Issuers (EMIs) are regulated by the Bangko Sentral ng Pilipinas (BSP).

Foreign investors who wish to engage in retail trade in the Philippines should have a minimum paid-up capital of Twenty-Five Million Pesos (P25,000,000).

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 (or roughly US$4 Billion Dollars). According to the NSCB, in 2014, Japan is the largest …

Limitations on Foreign Investments and Equity in the Philippines Read More »

Directors are elected by the stockholders of a corporation in an election held where the owners of majority of the outstanding capital stock, whether in person or through proxy, are present.

This article is about night workers. A night worker is one who performs no less than seven (7) consecutive hours of work within the period of 10 p.m. to 6 a.m. The law mandates health assessments, certain facilities and the protection of rights of night workers.

A trade name pertains to the identity of a company and is given protection by the law even prior to or without registration, against any unlawful act committed by third parties. The right to the exclusive use of a corporate name with freedom from infringement by similarity is determined by priority of adoption. The injured company can seek relief from the SEC.

This article discusses the Philippine Holidays, Special Working and Non-Working Days for the year 2022, as declared under Proclamation No. 1236.

The Philippine legal system is a civil law system. This means that the Philippines relies on laws enacted by Congress to govern all matters – including Christmas, our favorite holiday. Christmas did not just become a holiday in the Philippines by tradition or religion. As with all red letter days and public holidays, there are laws that govern the celebration of Christmas as a holiday.

This article discusses penalties under criminal laws in the Philippines, the Revised Penal Code, and Special Penal Laws, and how to determine the imposable penalty.

This article discusses how a law is passed in Philippines.

This article explains an instance when a company can withdraw the grant of a Christmas bonus, even if the same has become customary or company practice.

This article defines a nuisance candidate as one who puts the election process in mockery, cause confusion among the voters and clearly demonstrate that the candidate has no bona fide intention to run for public office. The Comelec may, motu propio or upon a verified petition (filed within 5 days from the last day for the filing of certificate of candidacy), declare a candidate a nuisance.

This article discusses the changes introduced by Republic Act No. 11534 or the CREATE Act on the corporate income tax, other taxes and on fiscal incentives in the Philippines.

This article talks about the elements and requisites to claim, demand and enforce the easement of right of way.

This article sets out the procedure and requirements for dissolving and liquidating a Philippine corporation.

This article discusses why the creation of a creditors’ committee is beneficial for unsecured creditors in a rehabilitation proceeding under the Financial Rehabilitation and Insolvency Act of 2010.

This outlines the steps which must be complied with for a corporation to validly declare cash dividends.

This article talks about Christmas breaks and other employee benefits, and if these can be unilaterally withdrawn by the employee.

This article talks about implementing a redundancy program under a corporate spin-off.

This article arbitration as a mode of dispute resolution in government procurement and public bidding under Republic Act No. 9184.

This article talks about the Philippine party-list system, its composition, parameters and the method of computing the allocated number of seats.

This Article discusses recent COVID-19 Labor Advisories Issued by the Department of Labor and Employment.

This article discusses Republic Act No. 11549 also known as the PNP, BFP, BJMP and BuCor Height Equality Act, providing new height requirements for employment in the law enforcement service.

This article discusses Republic Act No. 11576, which changes the jurisdiction of the trial courts in the Philippines.

This article talks about negotiated procurement or a method of procurement resorted to under extraordinary circumstances whereby the government directly negotiates a contract with a technically, legally and financially capable supplier, contractor or consultant. Negotiated procurement is allowed in cases of two failed biddings, emergency cases, take-over of contracts, adjacent or contiguous contracts, agency-to-agency, exclusive technology services, highly technical consultants, defense cooperation agreements, small value procurement, lease of venue for official use, NGO participation, community participation, international organizations and direct retail purchase of fuel and airline tickets.

This article talks about the exceptions to public bidding in government procurement. This pertains to alternative methods of government procurement such as limited source bidding, direct contracting, repeat order, shopping and negotiated procurement.

Appointive government officials who file their Certificates of Candidacy are considered as deemed resigned while incumbent elective officials may run for an elective position without forfeiting their seats.

The right against self-incrimination includes the right to refuse to take the witness stand and the right to refuse to answer an incriminatory question. This article talks about the constitutional right against self-incrimination, who can use it and when it can be invoked.

This article talks about the disqualifications for running for public office embodied in the Omnibus Election Code and Local Government Code.

This article talks about the qualifications to run as President of the Philippines. The Constitution mandates that no person shall be elected President of the Philippine unless he is a natural born Filipino citizen, a registered voter, able to read and write, at least 40 years old on the day of the election and a resident of the Philippines for at least 10 years immediately preceding the election.

This article talks about the effects of the withdrawal of a Certificate of Candidacy. Although the person ceases to be a candidate for the position, the filing of a withdrawal shall not affect the civil, criminal or administrative liabilities he may have already incurred.

This article talks about the rights of a father over his illegitimate child. Although the mother shall have sole parental authority over the child, the father has visitation rights over his child.

This article talks about the process of extrajudicial settlement of estate of persons who died from January 1, 2018 to present.

This article talks about the instances wherein the probationary employment period can go beyond 6 months, namely: 1) in apprenticeship agreements 2) employment is covered by special laws 3) practice is established by company policy or required by the nature of the work 4) to give the employee another chance to improve.

This article discusses the instances when brothers and sisters can inherit from their sibling, in the absence of a will.

This article talks about the inheritance rights of illegitimate children.

This article talks about renewing your US tourist visa without going to the US Embassy.

This article is about punishing credit card fraud in the Philippines.

This article talks about tortious interference and its possible application to poaching and pirating of employees made by competitors.

This article answers the question of where to file and prosecute a criminal case involving a cybercrime.

This article talks about firing an employee for having an extra-marital affair based on serious misconduct, immorality and violation of company policies.

This article talks about the process of terminating or firing an employee based on loss of trust and confidence.

This article talks about the proper heirs when a spouse dies without a will.

This article talks about the grounds for unworthiness which prevents a person from becoming an heir in both intestate and testate succession.

This article talks about the process of disinheriting heirs in the testator’s last will and testament as well as the grounds or causes for disinheritance of children, descendants, parents, ascendants and spouses.

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The General Information Sheet is a document embodying certain information about the corporation which is signed and attested to by the Corporate Secretary and usually filed annually with the SEC.

This article talks about the dates for regular elections in the Philippines. Elections for national, local and ARMM officials are done every three (3) years on the second Monday of May.

This article talks about the nature of an election protest, which is concerned with the issue on who garnered the majority of votes, filed by the losing candidate within ten (10) days from the date of proclamation.

This article talks about the process to have a company registered with the Philippine Export Zone Authority (PEZA).

This article discusses the necessary requirements in order to register a company with the Philippine Export Zone Authority (PEZA).

This article is about the crime of malicious mischief and its corresponding punishment. A person who shall deliberately cause damage to property of another can be guilty of the crime of malicious mischief.

This article talks about the rights of an owner against someone who builds structures on his land in bad faith. In cases of builders in bad faith, a property owner can choose to appropriate the structure, without any obligation to pay any indemnity except for necessary expenses, plus damages; or ask the removal of the structure at the builder’s, etc. expense, plus damages; or compel the builder to pay the value of the land, plus damages.

This article talks about the summary deportation of foreigners. This is done before the Bureau of Immigration in cases when a foreigner is overstaying, undocumented, is a fugitive from justice, has fully served the sentence of his crime which includes deportation as a penalty or a crime involving moral turpitude or the crime of failing to register with the Bureau of Immigration.

This article talks about the process of liquidating the conjugal properties after the death of a spouse and the consequences of failure to perform this legal requirement. If liquidation is not done, any disposition thereafter is void and if the surviving spouse remarries, a mandatory complete separation of property shall govern the subsequent marriage.

This article discusses one of the effects of legal separation, which is forfeiture of the share of the guilty spouse to the net profits in the conjugal assets.

This article discusses the remedy of replevin under Philippine law, to recover possession of personal property unlawfully taken from another.

This article enumerates the general functions and duties of a Corporate Secretary. Further, this article defines a Secretary’s Certificate as a written document executed by the Corporate Secretary confirming the actions and resolutions of the Board of Directors. When regular on its face, third parties may rely on the Secretary’s Certificate without need of further investigation on the veracity of the facts contained therein.

This article is about the crime of gossiping or intriguing against honor and its corresponding punishment. This crime has for its principal purpose to blemish the honor or reputation of a person is punishable by imprisonment of arresto menor (1 day to 30 days) or a fine not exceeding P20,000.00.

This article discusses the legal remedy of quo warranto, as a remedy in corporate takeovers or where the eligibility or qualifications of a person who occupies the position of director, trustee, or officer of a corporation is being questioned.

This article discusses about the grant of retirement benefit under the Social Security Act of 2018, to retirees who still wish to continue employment.

This article is about the crime of Falsification of Documents, defines the acts amounting to falsification, the persons liable, and the penalty imposed under the Revised Penal Code of the Philippines.

This article defines what is a Board Resolution. Corporate powers are exercised by the Board of Directors. A Board Resolution is a formal document which serves as evidence of the actions and matters taken by the directors of the corporation in the meeting duly held.

This article is about the crime of perjury and its punishment. The crime of perjury is committed by any person who shall knowingly make untruthful statements or make an affidavit, upon any material matter and required by law. It is punishable by imprisonment of up to 2 years and four months.

This article is about the crime of bigamy and its corresponding punishment. The crime of bigamy is committed by any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved. It is punishable by imprisonment of up to 12 years.

This article is about the duties of a Corporate Secretary in corporate meetings. The Corporate Secretary is tasked to send out the notices of meetings, receive proxies, certify the existence of a quorum, note the vote of the directors, ensure the proper holding of the meeting and issue a Secretary’s Certificate to attest to what transpired during the meeting.

This article talks about the term of existence of a corporation. Pursuant to the Revised Corporation Code, a corporation shall have a perpetual existence, unless its Articles of Incorporation provides otherwise. The existence of a corporation may be affected by shortening the corporate term, voluntary and involuntary dissolution.

This article discusses what are descriptive trademarks. Descriptive trademarks are those which consist exclusively of signs or of indications that may serve in trade to designate the kind, quality, quantity, intended purpose, value, geographical origin, time or production of the goods or rendering of the services, or other characteristics of the goods or services. Pursuant to Sec. 123(j) of the IP Code, such trademarks cannot be registered in the Philippines.

This Article discusses how to conduct board meetings under the Revised Corporation Code. Proper notices must be sent to the directors at least 2 days prior to the board meeting. The Chairman of the Board presides during the meeting and a quorum is necessary to transact corporate business. Directors who cannot attend physically may attend and vote through videoconferencing and other alternative modes of communication.

The crime of grave threats is a crime committed by a person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime.

The crime of light threats is a crime committed by a person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong NOT constituting a crime and there is a demand for money or condition imposed. On the other hand, other light threats consist of threatening another with a weapon or other harm not constituting a crime during a quarrel.

The Philippine legal system is a civil law system. This means that the Philippines relies on laws enacted by Congress to govern all matters – including Christmas, our favorite holiday. Christmas did not just become a holiday in the Philippines by tradition or religion. As with all red letter days and public holidays, there are laws that govern the celebration of Christmas as a holiday.

This article discusses how to compute night shift differential, overtime pay, and premium pay for work during weekly rest periods.

This article discusses how to protect your interest in land or other real property by annotating an adverse claim in the certificate of title.

This article discusses the Guidelines on Probiotics issued by the Food and Drug Administration of the Philippines.

This article discusses the various tests to determine if an entity is doing business in the Philippines.

This article discusses the legal implications of doing business in the Philippines without registration or a license.

This article discusses when a foreign corporation, doing business through its website or through any online platform, must register or secure a license with the Securities and Exchange Commission, and the exceptions to the requirement.

This article discusses the Philippine Holidays for the year 2021, as declared under Proclamation No. 986.

This Article discusses the new FDA Circular 2020-025 or the Implementing Guidelines for Administrative Order No. 2019-019 which now requires registration of household hazardous goods in the Philippines. The requirement of registration was previously removed by the Philippine Food and Drug Administration, but reinstated and to take effect beginning 03 September 2020.

Hazing in the Philippines is prohibited under Republic Act No. 8049 as amended by Republic Act No. 11053.

DO 215 allowed the extension of suspension of employment for a period not exceeding six (6) months.

This Article discusses the nature, effects, procedure and requirements, and legality of placing employees under floating status or temporary lay-off.

In order to set up a corporation in the Philippines, the incorporation process is lodged with the Securities & Exchange Commission (SEC).

If the Wife Gives Birth to a Child of Another Man, the child is considered as legitimate unless the husband impugns the legitimacy of the child within the period prescribed by law.

Spreading the nude photos or sex videos of another without his or her consent is punishable under Republic Act No. 9995, otherwise known as the Anti-Photo and Video Voyeurism Act of 2009.

This article discusses whether commenting in social media can give rise to liability for cyber libel.

This article answers the question- will someone who posts, likes, or retweets an openly libelous post be liable for the crime of cyber libel.

This article focuses in-depth on the law, elements, penalty imposed, and legal treatment of the crime of cyber libel in the Philippines.

The following hierarchy shall be observed in giving preference to decide on the funeral arrangements of the deceased: the spouse, descendants in the nearest degree, ascendants in the nearest degree and brothers and sisters

You can file a criminal case for adultery against your wife and her paramour with the Office of the City Prosecutor in the city where they had sexual relations. You need to undergo the process of preliminary investigation.

Work from Home (WFH) employees are entitled to rights granted by the Labor Code and the Telecommuting Act of 2018. Republic Act No. 11165, otherwise known as the Telecommuting Act, recognizes telecommuting, or work from an alternative workplace with the use of telecommunications and/or computer technologies. A work from home arrangement can be properly considered as telecommuting. Under this law, WFH employees must be given fair treatment. Of course, rights come with responsibilities. Hence, the WFH employee must still abide by the policies of the company. The employer and the employee must adhere to and comply with the Telecommuting Program of the company which stipulates provisions on eligibility, code of conduct, use of equipment, work hours, data privacy, etc.

Only the offended husband can file a criminal case for adultery against his wife who had sexual intercourse with another man. Article 333 of the Revised Penal Code penalizes a married woman for having sexual intercourse with another man who is not her husband. That other man or paramour is also held liable if he knew the woman to be married and still had sexual intercourse with her

The dominancy 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 Holistic Test requires that the entirety of the marks in question be considered in resolving confusing similarity of competing trademarks.

This article discusses the Telecommuting Act, or Republic Act No. 11165, and whether it is mandatory for employers to provide work from home arrangements.

This article discusses when you get your final pay when you resign. It discusses recent labor department issuances. Ultimately, you get your final pay within 30 days from resignation.

This Article discusses the registration requirements for starting or opening a business in the Philippines.

This article is a brief employer's guide to dealing with COVID-19 in the workplace. It discusses about the employer's obligations regarding contact tracing, reporting, office protocol, COVID-19 testing of employees, and medical costs and expenses relating to COVID-19. This article also mentiones the DOH and the local government units as the principal agencies responsible for contact tracing.

This article answers basic questions on how to compute employee retirement pay under Philippine Law. This helps employers compute the legal retirement pay due.

This Article tackles the requirements, procedure and effects of a declaration of presumptive death on spouse who goes missing and the effects of reappearance.

This article discusses the legal issue of bigamy after a subsequent marriage celebrated under Muslim laws. Specifically, it answers the question: Can a Muslim-Convert who is already married marry again during the existence of the first non-Muslim marriage, without being liable for bigamy? Can a married person convert to another religion for the purpose of marrying another? A spouse, by simple expediency of converting to the Muslim faith, cannot validly marry another, without having the first marriage legally dissolved. This is the answer to the question addressed by this article.

This article discusses the legal basis and parameters of child support. How much child support must a parent actually give a child? Up to when should support be given? Whose obligation is it to give support to a child? These are some of the questions answered in this article.

This article is a brief FAQ on how to apply for SSS unemployment benefits in the Philippines. It talks about the applicable law, those eligible to apply, those disqualified from applying, the documents and requirements for the application, the process, and the limitations of the law in claiming SSS unemployment benefits.

In response to the COVID-19 pandemic, the Philippine Supreme Court issued A.M. No. 20-07-04-SC known as the 2020 Rules on Remote Notarization of Paper Documents. This issuance allows the notarization of documents in the Philippines through videoconferencing, where the notary public or at least one of the parties to the document is in a locality under community quarantine due to COVID-19.

Do you want to collect from the people who borrowed money from you? Where payment of such money claim is the principal relief sought, filing a collection suit is proper.

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 you deliver products to your customer yet he did not pay you? Have you experienced …

Q & A on Small Claims Cases in the Philippines Read More »

What is a License to Operate (“LTO”)? A License to Operate or LTO is a license which must be secured in order to operate or establish an establishment prior to engaging in the manufacture, importation, exportation, sale, offer for sale, distribution, transfer, and where applicable the use, testing, promotion, advertisement, and/or sponsorship of food, drugs, …

Securing a License to Operate with the Food and Drug Administration in the Philippines: What is a License to Operate and When is it Needed? Read More »

The LTO Application Process Is Now Streamlined On 02 May 2016, the Food and Drug Administration (“FDA”) adopted a new application process and form for a License to operate (“LTO”). The application process is now navigable and accessible through the electronic portal found at the FDA website (www.fda.gov.ph). The electronic process for LTO application has …

E-Portal: Filing and Application for a License to Operate (LTO) as a Cosmetic / Drug /Medical Device / Food Manufacturer, Importer Or Distributor with the Food and Drug Administration of the Philippines Read More »

New Tax Rates on Stock Transfers This article discusses the tax involved in the transfer of stocks which are listed and traded through the Local Stock Exchange. In stock transfers, the tax to be paid is called a Percentage Tax, which is a business tax imposed on stock transfer transactions such as the sale, barter, …

Taxes and Transfer of Stocks Listed and Traded through the Local Stock Exchange Read More »

Purpose of the Law To protect the public against dishonest or misleading advertising or promotion, and to ensure that every consumer acquires sufficient knowledge to be an informed consumer, particularly in the choice of the consumer products that he or she wishes to purchase or consume, the Food and Drug Administration (“FDA”) issued Administrative Order …

Prohibited Claims in Food Product Labels under FDA Regulations and Philippine law Read More »

Mandate of the Food and Drug Administration Republic Act No. 3720, or otherwise known as the Food, Drug, and Cosmetic Act, is the law creating the Food and Drug Administration (“FDA”), which is under the Office of the Secretary of the Department of Health. The FDA is tasked by law to prescribe standards, guidelines, and …

What are the FDA Mandatory Label Information for Food Products? Read More »

What is a medical device? The regulations issued by the Food and Drug Administration (FDA) of the Philippines defined a ‘medical device’ as any instrument, apparatus, implement, machine, appliance, implant, in-vitro reagent or calibrator, software, material, or other similar or related article intended by the manufacturer to be used alone, or in combination, for human …

FDA Requirements for the Issuance of an Authorization for the Sale, Manufacture, Importation or Distribution of a Medical Device in the Philippines Read More »

FDA Issuance Requiring a Product Information File With the end in view of ensuring safety, quality and/or efficacy of the cosmetic products that companies are placing in the market, the Food and Drug Administration (FDA) issued FDA Circular No. 2018-001, which requires a Marketing Authorization Holder (MAH) to keep and maintain a Product Information File. …

An FDA Requirement: How to Maintain a Product Information File? Read More »

The Supreme Court enacts New Rules of Procedure on Liquidation of Closed Banks  The Supreme Court recently enacted new rules of procedure for the liquidation of closed banks in the Philippines. Scheduled to take effect on April 16, 2020, A.M. No.19-12-02-SC governs the Rules on Liquidation of Closed Banks (Rules). The Rules apply to local …

New Procedure: How to Liquidate a Closed Bank in the Philippines Read More »

New Rules of Procedure for Admiralty or Maritime Claims in the Philippines With the end in view of providing a fast, reliable, and efficient means of recourse to Philippine courts and enhancing the administration of justice in Admiralty cases in the Philippines, the Supreme Court promulgated Administrative Matter No. 19-08-14-SC, or otherwise known as the …

How to File an Admiralty or Maritime Claim in the Philippines under the New Rules of Procedure Read More »

Do you want to participate in the real estate business in the Philippines? Do you know where to invest your money in real estate and create a real estate investment trust? If you don’t have the necessary knowledge about real estate investment, this article will help you know the basics about real estate investment trust. …

On Real Estate Investment Trust (REIT): How to Engage in a REIT Business in the Philippines Read More »

Regulatory Issuance Governing Cosmetic Product Notification From manual application process, the application for cosmetic product notification in the Philippines can now be done online. Aiming to streamline the process by updating the submission of application requirements from the previously manual form to online submissions, the Food and Drug Administration (FDA) allowed online application process. This …

How to Apply for a Cosmetic Product Notification in the Philippines Read More »

Philippine Regulatory Agency for Beverages with Alcohol In the Philippines, the proper government agency that is authorized under the law to act as the policy formulation and sector monitoring of the Secretary of the Department of Health, on matters pertaining to food, drugs, traditional medicines, cosmetics and household products containing hazardous substances, is the Food …

Guidelines of the Food and Drug Administration in the Commercial Display, Selling, Promotion, and Advertising of Alcoholic Beverages, and other Beverages that Contain Alcohol Read More »

Regulations that Govern Food Product Labelling in the Philippines The Philippines’ Food and Drug Administration (FDA) issued Administrative Order No. 2014-0030, or otherwise known as the Revised Rules and Regulations Governing the Labeling of Prepackaged Food Products (FDA Labeling Regulations). It covers the labeling of all prepackaged food products, including food supplements, whether locally manufactured, …

Food Product Labeling Requirements of the FDA Read More »

A cosmetic product is one of the health products regulated by the Food and Drug Administration (FDA) of the Philippines. The office of the FDA responsible in regulating cosmetic products and ensuring compliance with the regulatory approvals imposed by the FDA is the Center for Cosmetics Regulation and Research of the FDA. What is a Cosmetic …

Cosmetic Product Labeling Regulations of the Food and Drug Administration Read More »

Governing Regulation for Drug Labelling Requirements The primary sources of information for consumers are the labels and labeling materials, as they provide useful information such as those dealing with the safe and effective use of a drug product (e.g. indication(s), pharmacologic class and dosage), and information dealing with quality (e.g. manufacturing and expiration dates, registration …

Drug Labeling Requirements of the Food and Drug Administration Read More »

What is a food supplement? A food or dietary supplement is a processed food product intended to supplement the diet that bears or contains one or more of the following dietary ingredients: vitamin, mineral, herb, or other botanical, amino acid, and dietary substance to increase the total daily intake in amounts conforming to the latest …

Applying for a Certificate of Product Registration for Food Supplements with the Food and Drug Administration (FDA) of the Philippines Read More »

Prohibition on Adulteration or Misbranding The adulteration or misbranding of any health product and the manufacture, importation, exportation, sale, offering for sale, distribution, transfer, non-consumer use, promotion, advertising, or sponsorship of any health product that is adulterated, unregistered or misbranded. Under the law, health products include food, drugs, cosmetics, devices, biologicals, vaccines, in-vitro diagnostic reagents …

Effect, Prohibition, and Penalties for Adulteration and Misbranding of Drug, Food, Cosmetic Products and Medical Devices in the Philippines Read More »

Is your right to privacy in life, liberty or security is violated or threatened? If so, you may file a petition for the issuance of a writ of habeas data. A. M. No. 08-1-16-SC provides for the rules on the writ of habeas data. What is a writ of habeas data? The writ of habeas …

How to File a Petition for Writ of Habeas Data Read More »

Do you need to employ a pharmacist, even if your company is selling cosmetic products or medical devices, as a requirement for registration with the Food and Drug Administration (FDA) of the Philippines, or in applying for an LTO with the FDA? To answer this question, we need to understand the legal requirements governing registration …

Clarifying Mandatory Requirements for FDA Registration in the Philippines Read More »

Do you want to add production lines or change your establishment’s business name? Do you want to transfer the location of your manufacturing plant or add additional floor in your building of production? Do you want to add additional activity of your business such as online ordering and delivery? You can do these provided you …

How to Apply for Variations with the Food and Drug Administration Read More »

What are ‘damages’ under Philippine law? ‘Damages’ is a term defined by the Supreme Court in the case of MEA Builders, Inc. vs. Court of Appeals, G.R. No. 121484, 31 January 2005, as the sum of money which the law awards or imposes as a pecuniary compensation, a recompense, or satisfaction for an injury done …

Filing a Damage Suit in the Philippines Read More »

If you want to legally adopt a child in the Philippines, this guide is for you. We outline in this article the procedure and requirements to adopt a child in the Philippines.

On 08 February 2012, the Civil Service Commission passed Resolution No. 1200289, providing a five-day special emergency leave to government employees directly affected by natural calamity/disaster. The Resolution did not define calamity or disaster but under Republic Act No. 10121, or otherwise known as the Philippine Disaster Risk Reduction and Management Act of 2010, State …

What is Calamity Leave? Read More »

We discuss in this article the procedure to be appointed as Legal Guardian of a Minor. In the Philippines, the law provides that the father and the mother shall jointly exercise legal guardianship over the person and property of their minor child wihtout court appointment. If the parents are not available, the court-appointed guardian acts in their stead, in all matters where the decision of a parent is required.

This article provides an expeditious remedy to obtain custody over a minor child, through a Petition for Habeas Corpus, its legal basis, procedure and effects.

This article provides the solution to the question "How do you Claim Custody Over a Minor Child?". It discusses the grounds, procedure and applicable law.

How do you end a marriage in the Philippines? This article discusses about the procedure and nuances of filing a Petition for Declaration of Absolute Nullity of Marriage.

This is an article about filing for annulment of marriage in the Philippines. It discusses the procedure, grounds, form, and effects of filing a petiton for annulment.

This article discusses how to be legally separated from your spouse, the nature, process, grounds, and effects of filing a Petition for Legal Separation in the Philippines.

This article speaks about the crime of syndicated estafa punished under PD 1689. It is the highest form of estafa, and penalized with the highest penalty, which is life imprisonment.

This article discusses Estafa or criminal fraud under Republic Act No. 10951, which adjusted the legal basis for the penalties imposed under Philippine law.

This article outlines a form of criminal fraud in the Philippines called Estafa through deceit or false pretenses, the nature of the crime, legal bases or elements, and ways of commiting this kind of estafa.

This article discusses a "new normal" in the Philippines, which is the electronic filing of criminal complaints and Information and electronic posting of bail.

This article discusses Estafa or criminal fraud, through conversion or misappropriation, under Article 315(1)(b) of the Revised Penal Code of the Philippines.

This article discusses the nature and scope of a preliminary investigation in the Philippines, and procedure, requirements, and the procedure for filing a case in the Philippines.

This article is about the Philippines' Financial Rehabilitation and Insolvency Act of 2010, its nature, scope and coverage for businesses, process of application and other legal requirements.

This article discusses the duties, functions and responsibilities of a director of a corporation, and the board of directors, towards the corporation, the stockholders and under Philippine law.

This article discusses the corporation as a business structure, its nature, formation, function, ownership of shares and other matters dealing with a corporation as a business entity in the Philippines.

This article discusses about the nature, process, nuances, and consequences of Corporate Combinations, Acquisitions, Merger and Consolidation of Corporations in the Philippines.

This article discusses the nature, definition, and the different types of intra-corporate disputes and controversies under the Revised Corporation Code of the Philippines

This article discusses setting up, requirements, and other ins and outs of a One Person Corporation (OPC) in the Philippines.

This article deals with the different types, functions, qualifications and disqualifications of coprorate officers under the Revised Corporation Code of the Philippines.

This article discusses the penal provisions or acts punished, and penalties imposed under Republic Act No. 11232 or Revised Corporation Code of the Philippines.

This articles discusses common or frequently asked questions on contracts of insurance, and insurance law in the Philippines.

This articles features frequently asked questions (FAQss) on the General Community Quarantine in the Philippines

This article discusses the change from Enhanced Community Quarantine to Modified Enhanced Community Quarantine, the differences between them, and the restrictions, conditions, and regulations that will be in place during the period.

This is a buisness guide to surviving the COVID-19 Pandemic. It outlines the Philippine government measures reliefs, programs, and remedies that business owners can employ.

Spousal Procreation: A Right or Responsibility? Article 68 of Executive Order No. 209, or otherwise known as the Family Code of the Philippines obligates the spouses to love one another, viz: “Art. 68. The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support.” The …

Marital Rape: Can a Husband Be Liable for Rape Committed Against His Wife? Read More »

This article discusses the nature and kinds of damages awarded by courts in the Philippines, including the legal bases for their grant.

This article disucsses the nature and basic implications of an insurance contract in the Philippines, including the applicable law and Supreme Court cases dealing with the subject.

This article discusses which parent, the father or mother, shall have legal custody over an illegitimate child.

This article explains the difference between the crimes of murder and homicide, their respective elements and penalties.

This article discusses if weight is a valid occupational requirement, and whether companies can impose certain qualifications employment requirements.

This article discusses how to prepare and draft a Last Will and Testament in the Philippines, particularly a Notarial Will, and how to comply with the legal requirements for the validity of a Last Will and Testament in the Philippines. It also discusses relevant Supreme Court cases on last wills and testaments in the Philippines.

This article discusses about the crime of unfair competition in the Philippines, the elements of the crime, the penalty for its commission, and the acts that must be proven to be convicted of the offense. It also discusses relevant Supreme Court cases on unfair competition in the Philippines.

This article discusses the crimes of Estafa and BP 22 or the Bouncing Checks Law in the Philippines, the respective elements of the crimes of Estafa and BP 22, and whether these two (2) crimes can be filed simultaneously. It also discusses relevant Supreme Court cases on Estafa and BP 22 in the Philippines.

This article discuses the issue of forgery of checks and other negotiable instruments like bank drafts and other demand or bearer notes, and answers the question of their validity, and who is liable if they are forged. It also discusses relevant Supreme Court cases on checks and forged negotiable instruments in the Philippines.

This article discusses on what can be done if a person sustains damage, injury or is deprived of ownership of land as a consequence of fraudulent registration, or any error, omission or mistake in registration, and the remedies that a person can resort to. It also discusses relevant Supreme Court cases on claims that can be made against the Assurance Fund.

This article discusses whether a person can have his or her birth certificate corrected, or entries in the Civil Registry changes, after a sex change or sex reassignment through surgery. It also discusses relevant Supreme Court cases on change of name and sex on the ground of sex change or sex reassignment surgery.

This article discusses Republic Act No. 10591, or the Comprehensive Firearms and Ammunition Regulation Act, the new crimes and penalties punished under the law, and also the new crime of Use of an Imitation Firearm, as punished under RA 10591.

This article discusses Republic Act No. 10883, or otherwise known as the New Anti-Carnapping Act of 2016 (RA 10883), a law which punishes carnapping in the Philippines, its penalties and the elements of the crime.

This article discusses the cyber crime called Computer-related Identity Theft in the Philippines, its legal basis and the penalties for the cyber crime.

This article answers the question "can an employee be dismissed due to pregnancy out of wedlock?" by providing three (3) cases decided by the Philippine Supreme Court.

This article is about the acts punishable under Republic Act No. 11332 (RA 11332) or the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act

This is an article about the grounds and effects of a declaration of nullity of marriage, annulment of marriage, and legal separation.

This article discusses an individual's right to bail in the Philippines, bail as a matter or right and bail as a matter of discretion, and the constitutional rights and limitation of the right to bail.

This article deals with corporate liability for tort, and addresses the question on whether a corporation can be held liable, as a juridical entity, for damages arising from negligence.

This article discusses the right to privacy, in relation to posting on social media, particularly on Facebook.

This article discusses about computing and paying Estate Tax under the TRAIN Law in the Philippines. This applies to succession, settlement of estate, inheritance, estate planning, since Estate tax is a liability to be paid in relation to these aspects of Philippine law on succession.

This article discusses the legality of government checkpoints, and your rights during searches done in airports, seaports, moving vehicles, ships, and airplanes.

This article discusses the penal provisions, crimes and penalties punished or imposed under Republic Act No. 11469 or the Bayanihan to Heal as One Act.

Protecting Cyberspace from Cybercrimes In this modern age, with the emergence of mobile internet and wireless broadband subscriptions, almost all our conversations take place in the cyberspace. As of 2020, there are 1.69 billion Facebook users in the world and 330 million monthly active users and 145 million daily active users on Twitter. [1] We often …

Libel in the Cyberspace Read More »

This article discusses about consumer protection from hoarding, profiteering, and cartels, during the COVID-19 crises under the Price Act and Bayanihan to Heal as One Act.

This is how legal retrenchment of employees can be implemented due to COVID-19 in the Philippines.

This article discusses about use, function and ownership of trademarks under Philippine law.

This Article applies to voluntary employee resignation. It discusses what an employee who resigns will actually receive from the company upon resignation.

The Philippine Government recently issued Guidelines in response to the Ongoing Outbreak of the Corona Virus Disease 2019 or COVID-19

This article discusses the Philippine government's policy or DOLE's regulations on suspension of work due to natural calamities and disasters.

This article discusses the many benefits of trademark registration, including, protection of business identity, access to legal remedies, and prevention of trademark infringement.

This is an article on how to sue someone before the Intellectual Property Office for copying your trademark or trademark infringement.

This article tells you how to sue your husband for marital infidelity committed abroad.

This article is a quick guide to maintaining your trademark registration in the Philippines.

This article outlines the short steps to renew a trademark registration in the Philippines.

We can help you register your trademark in three (3) easy steps. This article outlines the steps for trademark registration in the Philippines.

This is an FAQ guide on Trademark Registration in the Philippines.

To be abandoned by a spouse is indeed a torment which you would not even wish on your enemy. How does one move on from abandonment? In this article, we discuss the effects of abandonment on one spouse and how he or she can move on under the Family Code of the Philippines and relevant laws.

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 unfortunate married couples.  One of them is the infidelity committed by one of the parties. …

How To Sue Your Wife For Adultery In The Philippines Read More »

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 …

2020 Annual Report Requirement for Foreign Nationals Read More »

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 …

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

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.

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

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.”

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.

On November 15, 2019, President Duterte passed Proclamation No. 845, which designates the Philippine holidays, specifically regular and special non-working days, for the year 2020.

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.

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.

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.

Prompted by the heavily clogged dockets of the courts, the lack of magistrates and the seemingly inadequate number of courts to hear and decide the mounting scores of cases remain in the Philippine Judicial System, the Congress passed Republic Act No. 11459 otherwise known as the Judges-at-Large Act of 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 with who and what you record with your phone. Chances are, if you recorded a …

On Video and Audio Recording using your Mobile Phone Read More »

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. Law Defining Cyber Libel R.A. 10175 deals with many crimes, including byber libel. Sec. 4(c)(4) of R.A. 10175 states: “(4) Libel. …

Cyber Libel: Liability for Posting in Social Media Read More »

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 the Philippine Competition Act (“PCA”).[i] It has the power to conduct inquiries and investigate, upon complaint …

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

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, statutory restrictions, etc.).  Furthermore, defining the market is relevant in calculating and determining variables such …

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

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, at a different level of the production or distribution chain, and relating to the conditions under which …

Antitrust/ Competition Law: Vertical Restraints and Exclusive Dealing Read More »

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 a tying arrangement or a tie-in sale which may be considered a violation of Republic Act …

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

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 assessed on unremitted contributions. This penalty continues to accrue and to compound, from the date …

Employer’s SSS Condonation Program ends September 2019 Read More »

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, will be exempted from payment of fees or charges which may be assessed by local …

No more fees for First-Time Job Seekers Read More »

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 the realm of policy statements. Energy conservation and efficiency have become mandatory, under pain of …

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

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 official date when the Philippines accedes to the Apostille Convention. Beginning this date, the Philippines …

The Apostille Is In! Read More »

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 07 February 2019, the new charter of the Social Security System took effect on 05 …

The New Social Security Act of 2018 Read More »

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.  In the US, Section 2 of the Sherman Act penalizes a person who shall monopolize, …

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

            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 excitement should not prevent us from acting with utmost cautions to prevent violation of election …

Important Dates for the 2019 Philippine Elections Read More »

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 Year (Special non-working day) 25 February 2019, Monday – EDSA People Power Revolution Anniversary (Special …

Philippine Holidays for 2019 Read More »

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 leaders who will either steer us to the shore of development or to the deep …

Registration of Voters in the Philippines Read More »

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. In cases of death or disqualification, the substitute may file his Certificate of Candidacy up …

Substitution of Candidates in Philippine Elections Read More »

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 of Batas Pambansa Bilang 881, otherwise known as the Omnibus Election Code, provides the remedy …

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

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 evident purposes of the law in requiring the filling of certificates of candidacy and in …

Certificates of Candidacies in Philippine Elections Read More »

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 define resignation as follows: “Resignation — the formal pronouncement or relinquishment of a position or …

How to Resign Properly in the Philippines Read More »

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 tungkol dito. Ano ba ang 13th month pay? Lahat ba ay entitled makakuha nito? Magkano …

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

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 privately owned land of whatever kind – agricultural land, commercial land, industrial land, and other …

Lost Title? Not a problem. Read More »

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 assessed on unremitted contributions. This penalty continues to accrue and to compound, from the date …

Employer’s SSS Condonation Program ends September 2019 Read More »

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 let me be very clear: these cartels are the equivalent of theft by well-dressed thieves, …

Cartel Criminalization and Leniency Policies in the Philippines Read More »

Philippine Competition Law at a Glance (updated 06 March 2020) 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 provided by the law whereby an existing business structure, conduct, practice or any act that …

Philippine Competition Law at a Glance Read More »

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 trademark.  Then one day, you realize that your sales declined. You wonder why. Upon investigation, …

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

“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. However, for entities covered by the Philippines’

Information and communications technology play 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 any nation, and key to the success of any business. With the power that follows …

Data Privacy in the Philippines Read More »

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 non-working day)   25 February 2018, Sunday – EDSA People Power Revolution Anniversary (Special non-working …

Philippine Holidays for 2018 Read More »

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 person’s door and arresting the accused with the oft-spoken phrase “Magpaliwanag ka na lang sa …

When Can a Policeman Arrest You? Read More »

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 armed with a search warrant.   No less than Art. III, Section 2 of the …

FAQs on Search Warrants Read More »

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 kasal na babae o lalaki na sumama sa iba.   Ang adultery ay isang krimen …

Ang Krimen na Pagtataksil sa Asawa Read More »

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 09 September 1955, Republic Act No. 1405, otherwise known as An Act Prohibiting Disclosure of …

Philippine Bank Secrecy Law Simplified Read More »

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. Thus, the smoking ban will be enforced throughout the Philippines beginning 23 July 2017.  As …

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

Enforcement of the Philippine Competition Act Republic Act No. 10667, otherwise known as the Philippine Competition Act (“PCA”), generally prohibits three acts namely: anticompetitive agreements, abuse of dominant position and anticompetitive mergers and acquisitions. Pursuant to the law, the Philippine Competition Commission (“PCC”) is tasked with investigation, prosecution and adjudication of cases involving violations of the PCA.  …

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

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 any newspaper of general circulation. Here are what you should know about the Revised IRR, …

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

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 from the Philippine Overseas Employment Administration (“POEA”). Otherwise, you run the risk of being criminally …

How to Get a License to Operate a Recruitment Agency in the Philippines Read More »

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 have to pay real property tax or “amelyar”. If you fail to do so, your …

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

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 complete. The creditors of the original owner cannot run after the car because the personal …

The Invisible Yet Invincible Maritime Lien Read More »

“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 considered as gems in a contract because they complete not only the aesthetic value, but …

Cooking-up Your Contracts using “Boilerplates” Read More »

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 of the Philippines is the governing law on agency. Article 1868 of the Civil Code …

Basics on the Contract of Agency Read More »

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 of not being able to sell all the products. Thus, an alternative to an outright …

Basics on the Sale on Consignment Read More »

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 his lease agreement with your lessor, what do you do? Should you respect the lease …

The Nature of Sublease Contracts Read More »

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 Philippines may be placed under martial law.   3.  What law empowers the President to …

FAQs on Martial Law in the Philippines Read More »

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 legally available for adoption.  It also amends certain provisions of RA 8552, otherwise known as …

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

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 provides that the following may adopt: (a) Any Filipino citizen of legal age, in possession …

FAQs on Adoption in the Philippines Read More »

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 time, you give her all your wages.  You just simply want to know for your …

Things You Wonder About Conjugal Property but were Afraid to Ask Read More »

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 the 13th month pay regardless of the amount of basic salary that they receive in …

Payment of the 13th Month Pay Read More »

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 enterprise; generally, all contribute assets and share risks which requires a community of interest in …

Joint Ventures in the Philippines Read More »

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 of the Intellectual Property Code of the Philippines as to mandatory clauses and prohibited clauses. …

Licensing Agreements in the Philippines Read More »

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 a corporation.  One method is through the shortening of the corporate term.   In the …

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

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 paid a night shift differential of not less than ten percent (10%) of his regular …

Payment of Night Shift Differential in the Philippines (updated last 10 June 2020) Read More »

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.   Appeal to the Director of the Bureau of Legal Affairs   A party wishing …

How to Appeal Trademark Cancellation and Opposition Cases in the Philippines Read More »

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 common types of holidays are regular holidays and special non-working days.  Contrary to popular belief, …

Philippine Holidays for 2017 Read More »

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 its foreign principal. Either way, companies in the Philippines with foreign principals must be duly …

Creating a Company with a Foreign Principal in the Philippines (Updated as of January 2021) Read More »

 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 of the Intellectual Property Code of the Philippines (“IP Code”) provides:   “151.1. A petition …

How to Cancel a Trademark in the Philippines Read More »

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 under Article 287 of the Revised Penal Code, to wit: “Art. 287. Light coercions. — Any …

Annoying Someone is a Crime (updated last 10 June 2020) Read More »

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 he commits any of the following acts:   1.  He shall keep a mistress in …

How To Punish an Unfaithful Husband In The Philippines Read More »

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 is the presence of small children aboard motorcycles. This practice poses a risk to the …

Children aboard Motorcycles Read More »

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 the Administrative Naturalization Law of 2000, was enacted as a remedial measure intended to make …

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

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 consumers, and provides penalties ranging from Five Hundred Pesos (P500.00) or three percent of the …

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

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 of the Trade Liberalization Act of 2000, now allowing the entry of foreign capital in …

Lifting Foreign Ownership Restrictions in the Philippines Read More »

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 best friend in times of need, or your worst nightmare, in times of want. Whether …

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

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 selecting employees because of age, or placing an age limitation as a qualification for employment, …

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

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 communications equipment such as a mobile phone, two-way radio, tablet, hand-held computer, video player, gaming …

Are You a Distracted Driver? Read More »

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 in using these templates since they are not customized and may not be entirely applicable …

A Simple Guide to Contract of Sale of Real Property Read More »

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 wife or against a woman with whom the person has or had sexual or dating …

Punishing Violence Against Women in the Philippines Read More »

  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. In this light, intellectual property such as copyright, trademark, patent, utility model, industrial design are …

Intellectual Property Protection in the Philippines Read More »

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 defeat and give up on your business venture.  Nevertheless, one cannot just pack up and …

How to Close a Business in the Philippines Read More »

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 workplace.  Discrimination, lack of support and adherence to archaic chauvinistic policies have made it difficult …

Maternity Rights in the Philippines Read More »

(updated 06 March 2020) 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 a highly competitive business environment in the Philippines, profitable commercial entities …

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

           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 dangerous, to rely solely on good faith. Whether we are hiring an employee, buying land, …

How to Conduct Due Diligence in the Philippines Read More »

           “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 life but also one’s property with the other. Hence, it is very important to know …

Understanding Property Relations Between Husband and Wife in the Philippines Read More »

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 disqualifications. The following is a simple list of the pertinent qualifications required for public elective …

Qualifications for Philippine Elective Office Read More »

                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 Code and other special laws mandate certain leaves that an employer should extend to an …

Understanding Statutory Leaves of Employees in the Philippines Read More »

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 (or roughly US$4 Billion Dollars). According to the NSCB, in 2014, Japan is the largest …

Limitations on Foreign Investments and Equity in the Philippines Read More »

               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 a businessman, saving on costs is a primary concern.  Consequently, most businessmen fall into the …

Benefits of Getting a Trademark Agent Read More »

           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 is using the mark in the Philippines.  Thus, a notarized Declaration of Actual Use (“DAU”) …

Maintaining Your Trademark in the Philippines Read More »

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 at www.ipophil.gov.ph .   The proceedings are initiated by the filing of the verified notice …

Trademark Opposition Proceedings in the Philippines Read More »

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 attended with malpractice. Moreover, in order to prove the existence of medical malpractice in any …

The Treatment of Medical Malpractice in the Philippines Read More »

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 present and future directions for the company. In view of their significance, access to the …

How to Compel a Corporation to Grant Access to Corporate Records Read More »

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 the company, or to prevent company losses. The pertinent portions of the law provide: Article …

How to Implement a Redundancy Program in the Work Place Read More »

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 of ownership which cannot be taken away. However, being in the nature of intangible personal …

How to Transfer Shares of Stock in a Corporation Read More »

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 definition must not be taken at face value. There are only limited instances wherein separation …

When is an Employee Entitled to Separation Pay? Read More »

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 business in the Philippines, you must choose the business vehicle that you wish to utilize.  …

How to Do Business Legally in the Philippines Read More »

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 of 1987.  The SIRV is a special non-immigrant visa that entitles the holder to reside in …

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

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 employment abroad, whether for profit or not, when undertaken by non-licensee or non-holder of authority. …

Illegal recruitment and its Penalty Read More »

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 to information dissemination and promotion of the company’s products as well as quality control of …

Philippine Representative Office Read More »

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. The minimum inward remittance for a branch office is Two Hundred Thousand United States Dollars …

Philippine Branch Office Read More »

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 subsidiary, it must be borne in mind that the Corporate Secretary and Corporate Treasurer must …

Philippine Subsidiary Read More »

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 hurtful and unfounded insinuations.  However, when things get out of hand and our reputation is …

Slander & Oral Defamation Read More »

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 rates and deductions for estate taxes.  The TRAIN Law became effective on 01 January 2018. …

Philippine Estate Tax Read More »

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 permits expire on the 31st of December unless the permits are issued on a quarterly …

How To Get Business Permits in the Philippines Read 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 applications with the IPO. Applying for a trademark is not like getting a business permit …

How to Get a Trademark in the Philippines Read 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 an AEP: 1. Members of the diplomatic services and foreign government officials accredited by the …

How to Get an Alien Employment Permit in the Philippines Read 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 have at least a total asset value, including those arising from loans but exclusive of …

How to Apply for Certification as a Barangay Micro Business Enterprise (BMBE) Read 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 shall be extended when the need arises, as specified in the protection order issued by …

How To Avail of Leave for Victims under the Anti-Violence against Women Law Read 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 or representative in connection with his work; 2. Gross and habitual neglect by the employee …

How To Terminate An Employee Based on Just Causes Read 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 must be met: a. The employer may place the worker concerned under preventive suspension if …

How To Place an Employee Under Preventive Suspension Pending Investigation Read 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 individual who is left alone with the responsibility of parenthood due to: 1. Giving birth …

How To Avail of Parental Leave for a Solo Parent Read 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 Commission (SEC). A sole proprietor must register with the DTI and secure a Certificate of …

How To Register a Sole Proprietorship with the DTI Read 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 Philippines and is especially designed for those who wish to live in the Philippines on …

How To Get a Special Resident Retiree’s Visa (SRRV) Read 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 are available for review only after the product has been bought and then opened, in …

Shrink-Wrap Agreements: Are They Valid Contracts? Read 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 contractual employee is deemed to have automatically terminated. It is of common knowledge that the …

Are Contractual Employees Entitled to Separation Pay? Read 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 by inadvertence or unavailable finances, the check bounces. BP 22 punishes a person for issuing …

De-Mystifying the Bouncing Checks Law (B.P. 22) Read 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 the franchisor, of course, with the consent of the latter. The intellectual property involved in …

Protecting your Intellectual Property Rights Read 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 client, the extent of work required, among other factors. The usual legal fee arrangements are: …

Lawyers’ Fees: Types of Legal Fee Arrangements Read 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 in foreign investors to the scene. This is a common-place scenario in business nowadays. The …

Bringing in Foreign Investors in Retail Trade Read 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 business secrets of an employer during employment, an unguarded employment contract may mean that when …

An Entrepreneur’s Guide to Employment Contracts Read 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 artificial being, a corporation has a personality separate and distinct from its stockholders. Hence, the …

The Separate Personality of a Corporation Read 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 to confuse the franchisee. It is lengthy because it specifies in detail what the respective …

Dissecting a Franchise Agreement: Part One Read 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 down into its basic elements, to allow prospective franchisors and franchisees to understand its bare …

Dissecting a Franchise Agreement: Part Two Read 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. In a Franchise Agreement, the cause or consideration involves the “why?” in the agreement. Why …

Dissecting a Franchise Agreement: Part Three Read 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, consent and subject matter. Part three focused on the cause or consideration which impels a …

Dissecting a Franchise Agreement: Part Four Read 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 single proprietorships would take between 1-2 days, and the documentary requirements of the Department of …

Sole Proprietorship, Corporation or Partnership: Choosing your business enterprise Read 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 below twenty-one, and the marriage was solemnized without the consent of the parents, UNLESS after …

Annulment of Marriage in the Philippines Read 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 law such as self-defense Art. 11. Justifying circumstances. — The following do not incur any …

Self-Defense Read 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 concept and states: SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are …

Battered Woman Syndrome Read 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 of partnership two or more persons bind themselves to contribute money, property, or industry to …

How to Form a Partnership in the Philippines Read 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 pay (after 1 month of service) = 1/12 of the total basic salary earned by …

Employee Benefits under Philippine Laws Read 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 form of protection is to apply for a patent with the Bureau of Patents of …

How to Get a Patent Read 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, with or without compensation: a. In any industrial undertaking or branch thereof between ten o’clock …

Lifting the Ban of Night Work for Women and Expanding the Rights of Night Workers Read 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, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person …

Sexual Harassment Read 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 employed a systematic appointment system. The usual types of US visa are the B-1 and …

How to Apply for a US Tourist Visa Read 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 d. Term of existence of the Corporation (normally 50 years) e. Names, nationalities, and residences …

How to Amend the Articles of Incorporation Read 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 Percentage Tax Return) or the 1601-C (Monthly Remittance Return of Income Taxes Withheld on Compensation). …

Improving Efficiency in the Philippine Government – The Anti-Red Tape Law Read 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 agreement between heirs. – If the decedent left no will and no debts and the …

Extrajudicial Settlement of Estate in the Philippines Read 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 your sound business judgment and forecasts on the movement of the market. Whatever reason impels …

How to Sell your Business Read 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 is actually more cost-efficient in terms of time and money for the usual businessman. However, …

DO No. 18-A: Strengthening the Rights of Contractual Employees & Imposing Obligations on the Contractors Read 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 employee, he needs to know the days when he is not required to work while …

Philippine Holidays for 2012 Read 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 original and intellectual creations which are defined by the enumeration of such works namely: 1. …

Philippine Copyright Read 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 he has a valid copyright in the work allegedly infringed and that the perpetrator infringed …

Copyright Infringement Read 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 to and can serve as pattern for an industrial product or handicraft. Simply put, it …

Philippine Industrial Design Read 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 patent because most matters or products have already been invented. One may wonder what type …

Philippine Utility Model Read 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 No. 9048, as recently amended by Republic Act No. 10172, allowed the administrative correction of …

How to Correct Errors in Your Birth Certificate without Going to Court Read 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. The Regulations on Inter Partes Proceedings govern petitions for opposition filed with the Philippine Intellectual …

Opposing a Trademark in the Philippines Read 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 service establishments regularly employing less than ten (10) workers; 3. Househelpers and persons in the …

Holiday Pay in the Philippines Read 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 dismiss employees on the ground of retrenchment, four elements must be proven. Firstly, the losses …

How to Terminate an Employee on the Ground of Retrenchment Read 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 to take certain calculated risks are almost always essential for every business venture to succeed. …

Philippine Labor Law: Types of Employees Read More »

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 that you may use them as evidences. If you sustained injuries, go to a government …

How to File a Criminal Case in the Philippines Read 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 Supreme Court explained the rationale of this provision to safeguard the welfare of employees and …

Hours of Work of Employees Read 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 domestic worker and the employer before the commencement of the service in a language or …

Batas Kasambahay – Law Governing Employers and Their Househelp or Domestic Workers Read 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 to solicit or create, and does not create, an attorney-client relationship between NDV Law and …

Philippine Legal Advice Read More »