Philippine Legal Advice

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bank secrecy law

Philippine Bank Secrecy Law Simplified

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 […]

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

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 […]

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

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, […]

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

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 […]

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

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 […]

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The Invisible Yet Invincible Maritime Lien

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 […]

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Basics on the Contract of Agency

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 […]

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Basics on the Sale on Consignment

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 […]

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The Nature of Sublease Contracts

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 […]

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Cooking-up Your Contracts using “Boilerplates”

“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 […]

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