An Unregulated Franchising Environment (updated October 2019)

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

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Temping in the Judiciary? Judges-at-Large Law Passed

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.

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selfie

On Video and Audio Recording using your Mobile Phone

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 […]

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cyber bullying

Liability for Posting in Social Media

In response to developments in technology and the ever-growing use of multiple forms of social media in the Philippines, Congress enacted Republic Act No. 10175, also known as the Cybercrime Prevention Act of 2012. R.A. 10175 deals with many crimes, including Cyberlibel. Sec. 4(c)(4) of R.A. 10175 states: “(4) Libel. – The unlawful or prohibited […]

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Certificates of Candidacies in Philippine Elections

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 […]

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investigation

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

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 […]

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market

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

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 […]

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exclusive

Antitrust/ Competition Law: Vertical Restraints and Exclusive Dealing

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 […]

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tying

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

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 […]

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sss

Employer’s SSS Condonation Program ends September 2019

The Social Security System (SSS) recently issued a reminder/notice to all employers of the current SSS Condonation Program and the fast approaching deadline, to avail of the program. Under the law, a penalty of three percent (3%) per month is assessed on unremitted contributions. This penalty continues to accrue and to compound, from the date […]

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