Reasonable connection, not direct causation.This is the essence of the Supreme Court’s decision in Social Security System v. Violeta A. Simacas (G.R. No. 217866, 20 June 2022), wherein it awarded employees’ compensation benefits under Presidential Decree No. 626 (“PD 626”) to Mrs. Violeta A. Simacas, the wife of deceased employee Mr. Irnido Simacas, who died of prostate cancer. Mr. Simacas was employed for 15 years as a fabrication helper at a manufacturing company ...
Probationary employment is an arrangement where an employee is placed on trial by the employer for a period of time, not to exceed six months, to allow the employer to determine whether the employee is fit for regularization. Probationary employment is beneficial for employers as it allows them to address problems in the employment relationship before regularization ...
Labor inspections is one of the ways the Department of Labor and Employment ("DOLE") implements its visitorial and enforcement powers under the Labor Code, to secure a higher level of compliance with labor laws and standards, and to ensure continuity and sustainability of compliance at workplaces ...
Following the creation of the Department of Migrant Workers ("DMW") pursuant to Republic Act No. 11641, or the Department of Migrant Workers Act ("RA 11641"), the Department of Labor and Employment ("DOLE") and the DMW issuedJoint Circular No. 01, series of 2022 (the "Joint Circular"),on July 7, 2022, to facilitate and ensure the efficient and effective implementation of RA 11641 ...
With the restrictions brought about by the COVID-19 pandemic lifted, people are on the lookout for employment opportunities. Employers are in search of capable employees who can contribute to the recovery and growth of the company. Screening job applicants is a crucial step to ensure that the right person for the job is hired ...
The Financial Executives Institute of the Philippines (FINEX) recently launched “Ethics: Enduring or Evolving?”, the second installment of the FINEX Ethics Committee's book project focused on ethical challenges and issues of ethics in business. It includes an article on “Digital Ethics and the Philippine Law” by SyCipLaw Senior Partner and TMT expert Rose Marie M. King-Dominguez. In the article, Ms ...
In Commissioner of Internal Revenue v Ruben U Yu,(1) the Court of Tax Appeals (CTA) en banc clarified that the 180-day period referred to in section 228 of the Tax Code, as amended, applies only to the period within which the Commissioner of Internal Revenue (CIR), or their duly authorised representative, may act on a protest against a tax assessment ...
Due to the covid-19 pandemic, registered business enterprises (RBEs) in the information technology-business process management (IT-BPM) sector have adopted work from home (WFH) arrangements to continue business operations. Now that movement restrictions have been relaxed, a balance must be struck between the requirement for RBEs to operate within economic zones and the clamour of RBEs to continue hybrid work arrangements while maintaining their fiscal incentives ...
The Philippines is currently a party to 43 double taxation agreements (DTAs), all of which contain a mutual agreement procedure (MAP) provision. The Department of Finance recently issued Revenue Regulations (RR) No. 10-2022, which took effect on 23 July 2022. RR No. 10-2022 prescribes the guidelines for filing a MAP request for assistance in resolving DTA disputes ...
Republic Act No. 9003, also known as the Ecological Solid Waste Management Act of 2000, is a landmark environmental legislation designed to meet the country’s waste management problems. It requires local government units to achieve 25% waste reduction through re-using, recycling, and composting activities and other resource recovery activities. However, two decades after its enactment, solid waste management remains to be a major challenge ...
Under the Renewable Energy Act (Republic Act No. 9513) (the “RE Act”), it is a policy of the state to increase the utilization of renewable energy (“RE”) by institutionalizing the development of national and local capabilities in the use of RE systems ...
The Bangko Sentral ng Pilipinas (“BSP”; the Philippine Central Bank) issued BSP Circular No. 1149, series of 2022 (Guidelines on the Integration of Sustainability Principles in Investment Activities of Banks). The Circular sets expectations on the prudent conduct of investment activities, as well as minimum practices that banks must establish for the management and control of investment-related risks ...
The Philippine Department of Justice (“DOJ”) has issued an opinion to the effect that the exploration, development and utilization (“EDU”) of solar, wind, hydro and ocean or tidal energy sources is not subject to the forty percent (40%) foreign equity limitation under Article XII, Section 2 of the Philippine Constitution ...
Concepts such as “circular economy”, “plastic neutrality”, and “sustainable consumption and production” became part of Philippine statutory law with the enactment of Republic Act No. 11898 or the Extended Producer Responsibility Act of 2022 (the "EPRA") ...
After more than 10 years, the Department of Finance has finally issued Revenue Regulations (RR) 7-2022, which provides "the policies and guidelines for the availment of tax incentives under the Renewable Energy Act of 2008" ...
In August 2022, the House of Representatives’ Committee on Ways and Means approved a bill proposing a new fiscal regime for the Philippine mining industry, following the previous proposal of the Department of Finance (DOF)and which will cover existing and prospective large-scale metallic mine, regardless of location ...
On April 14, 2021, then President Rodrigo Duterte issued Executive Order (EO) No. 130 (EO No. 130), which amends Section 4 of EO No. 79, s. 2012 (EO No. 79), lifting the moratorium on the grant of new mineral agreements. Section 4 of EO 79 had imposed a moratorium on the granting of new mineral agreements “until a legislation rationalizing existing revenue sharing schemes and mechanisms shall have taken effect.” The whereas clauses of EO No. 130 noted that Republic Act No ...
The present government is looking to the mining industry to aid in the country’s economic recovery. Finance Secretary Benjamin Diokno has stated that the Marcos administration seeks to create an enabling environment for the growth of the mining industry while adhering to responsible and sustainable mining practices ...
SyCip Salazar Hernandez & Gatmaitan (SyCipLaw) Partners Ricardo Ma. P.G. Ongkiko (Head of the Firm's Litigation Department), Carlos Roberto Z. Lopez, and John Christian Joy A. Regalado authored the Philippine chapter of the latest Global Practice Guide (GPG) on International Arbitration published by Chambers and Partners ...
SyCip Salazar Hernandez & Gatmaitan (SyCipLaw) has kept its Tier 1 ranking in M&A, and in Restructuring and Insolvency, in the latest launch of the IFLR1000 rankings, the guide to the world’s leading financial and corporate law firms. Earlier this year, SyCipLaw also received Tier 1 rankings in Banking, Capital markets: Equity, Project development, and in Project finance ...
The Philippines is party to double taxation agreements (DTAs) with 43 countries. These DTAs contain exchange of information (EOI) provisions, which oblige contracting parties to exchange details that are needed to carry out the provisions of the DTAs or the domestic laws that concern the taxes applicable to the DTAs. To this end, the Bureau of Internal Revenue (BIR) consistently develops its EOI programme and has, in the past decade, circulated administrative issuances to facilitate EOI ...
SyCip Salazar Hernandez & Gatmaitan (SyCipLaw) has kept its Tier 1 ranking in M&A and Restructuring and Insolvency in the latest rankings released by IFLR1000, the guide to the world’s leading financial and corporate law firms. Earlier this year, SyCipLaw also received Tier 1 rankings in Banking, Capital markets: Equity, Project development, and in Project finance ...
SyCip Salazar Hernandez & Gatmaitan (SyCipLaw) Partners Ricardo Ma. P.G. Ongkiko, Carlos Roberto Z. Lopez, John Christian A. Regalado, and Ma. Patricia B. Paz-Jacoba and Of Counsel Emmanuel M. Lombos have been cited in The Legal 500’s inaugural Arbitration Powerlist: Southeast Asia 2022. This edition of the Private Practice Powerlist, which draws on extensive research by The Legal 500, highlights the region’s leading arbitration lawyers. Mr ...
Under article 253(d) of the National Internal Revenue Code (NIRC), when an association, partnership or corporation commits an act or omission that violates the Tax Code, the penalty "shall be imposed on the partner, president, general manager, branch manager, treasurer, officer-in-charge, and the employees responsible for the violation". This means that any of the persons enumerated may be criminally prosecuted for the corporation or partnership's criminal act or omission under the code ...
SyCip Salazar Hernandez & Gatmaitan (SyCipLaw) is once again recognized by Managing IP’s IP STARS 2022 as a Tier 1 firm for its Patent practice. Earlier this year, SyCipLaw was also cited as a Tier 1 firm for its Trade mark work. In addition, the firm’s IP practitioners once again received outstanding rankings this year: Vida M. Panganiban-Alindogan, Partner and Head of IP Department (IPD), Trade Mark StarEnrique T ...
