The Philippine Court of Appeals (CA) denied the petition by NGO Ang Aroroy ay Alagaan, Inc. and certain individuals, for the issuance of a writ of kalikasan against Filminera Resources Corporation, and its directors and officers. The petitioners have claimed that Filminera, which operates in the Philippine province of Masbate, had been causing environmental damage in the conduct of its mining operations in violation of local law, and that a writ of kalikasan should be issued ...
On February 16, 2016, the recently constituted Philippine Competition Commission (“PCC”), which was created under the Philippine Competition Act (Republic Act 10667 or the “PCA”), issued Memorandum Circular No ...
On February 12, 2016, the recently constituted Philippine Competition Commission (“PCC”), which was created under the Philippine Competition Act (Republic Act 10667 or the “PCA”), issued Memorandum Circular No ...
After the conclusion of the public consultations conducted by the Philippine Competition Commission ("PCC") on May 24, 2016 and the lapse of the period for the submission of comments and suggested revisions to the draft implementing rules and regulations issued on May 10, 2016, the PCC has published the final implementing rules and regulations (the "Rules") of the Philippine Competition Act ("PCA") last June 3, 2016. The Rules took effect on June 18, 2016 ...
The International Comparative Legal Guide to: Trade Marks 2018 Philippine Chapter Enrique T. Manuel and Vida M. Panganiban-Alindogan, SyCip Salazar Hernandez & Gatmaitan 1 Relevant Authorities and Legislation 1.1 What is the relevant trade mark authority in your jurisdiction? The Intellectual Property Office of the Philippines (IPOPHL) is therelevant trade mark authority. 1 ...
1.1 What type of legal system has your jurisdiction got? Are there any rules that govern civil procedure in your jurisdiction? The Philippine legal system is primarily a civil law system, although it may be considered a mixed regime consisting of both civil andcommon law traditions. Civil procedure is governed primarily bythe 1997 Rules of Civil Procedure, or Rules 1 to 71 of the Rules of Court (“ROC”), and various issuances promulgated by the Supreme Court. 1 ...
Philippines Franco Aristotle G. Larcina and Arlene M. Maneja SyCip Salazar Hernandez & Gatmaitan Antitrust Law 1. What are the legal sources that set out the antitrust law applicable to vertical restraints? The key statute is Republic Act No. 10667, otherwise known as the Philippine Competition Act (PCA), which was enacted on 21 July 2015 and which became effective on 8 August 2015 ...
Legislation and agencies 1 What are the main statutes and regulations relating to employment? The Labor Code of the Philippines (Presidential Decree No. 442, as amended) (the Labor Code) and the Omnibus Rules Implementing the Labor Code ...
The CPA appointed the National Bureau of Investigation (NBI) and Philippine National Police (PNP) as enforcement authorities and regulates their access to computer data, creating the Cybercrime Investigation and Coordinating Center (CICC) as an inter-agency body for policy coordination and enforcement of the national cybersecurity plan, and an Office of Cybercrime within the Department of Justice (DOJ-OC) for international mutual assistance and extradition ...
The Philippine Bureau of Internal Revenue (BIR) has recently implemented Revenue Regulations No. 18-2012 (RR 18-2012) directing all persons, whether private or government, to secure from the BIR a new Authority to Print (ATP) and to print new receipts/invoices starting July 1, 2013 ...
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 Philippine Competition Commission (PCC) has issued the rules for the implementation of Section 4(eee) of Republic Act No. 11494, the “Bayanihan to Recover as One Act” (Bayanihan 2)1 on October 5, 2020 and these rules (PCC Rules on Bayanihan 2) 2 were published, and thus became effective, from the same date ...
The Philippine Competition Commission (PCC) has issued the rules for the implementation of Section 4(eee) of Republic Act No. 11494, the “Bayanihan to Recover as One Act” (Bayanihan 2)1 on October 5, 2020 and these rules (PCC Rules on Bayanihan 2)2 were published, and thus became effective, from the same date ...
Earlier this year, Department of Finance (“DOF”) Secretary Carlos G. Dominguez issued RR No. 6-2018 which revoked RR No. 12-2013 and reinstated Section 2.58.5 of RR No. 2-1998, as amended by RR Nos. 14-2002 and 17-2003. Section 2.58.5 of RR No. 2-1998 implements the requirement of withholding of income tax for deductibility of expenses. RR No. 6-2018 was published in the Manila Bulletin on January 23, 2018 and took effect on February 7, 2018. Prior to its amendment by RR No ...
The Philippine National Privacy Commission (NPC), which administers the country’s Data Privacy Act (DPA), has recently made available to the public copies of its advisory opinions. These opinions had been issued in response to various queries regarding the proper application and interpretation of the provisions of the DPA and its implementing rules and regulations. Issue of consent Advisory Opinion No ...
On the heels of the onslaught of the COVID-19 pandemic, the National Labor Relations Commission (“NLRC”) issuedNLRC En Banc Resolution No. 03-20, series of 2020, or theInterim Amendments to the 2011 NLRC Rules of Procedure(“Interim Amendments”).Under the Interim Amendments, the conduct of mandatory conciliation and mediation conferences were suspended, making it discretionary upon the Labor Arbiters ...
The amendments to the Revised Rules on Evidence (Administrative Matter No. 19-08-15-SC) and Rules of Civil Procedure (Administrative Matter No. 19-10-20-SC) (collectively, the “Amended Rules”) will take effect on May 1, 2020. The Philippine Supreme Court approved these amendments to help minimize delays in court litigation and to expedite the resolution of cases. The full copies of the Amended Rules are available on the Philippine Supreme Court’s website at http://sc ...
The Comelec promulgated Resolution No. 9615 on 15 January 2013. This Resolution implements the provisions of Republic Act No. 9006, more popularly known as the Fair Election Act, for purposes of the 2013 national and local mid-term elections ...
This is a briefing on the following issuances as of May 16, 2020 in relation to the COVID-19 pandemic: No Mandatory Testing of Returning Workers What is MECQ? New Normal? Business Allowed to Operate During MECQ Other Key Things to Remember in a MECQ Area Intellectual Property Office of the Philippines (IPOPHL) Resumes On-site Operations on May 25, 2 The Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF) ha
Last February 15, 2013, the President signed into law Republic Act No. 10365 or the “Act Further Strengthening the Anti-Money Laundering Law.” True to its name, the third amending law to the Anti-Money Laundering Act (“AMLA”) gave it more teeth and strengthened the government’s ability to prevent and prosecute money laundering. The following discusses the new amendments to the AMLA ...
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 ...
Multilaw’s Labour & Employment practice group has released the 2015 edition of How to Hire and Fire: A Global Guide. The collaborative electronic guide serves as a quick but practical guide for everyday labor and employment concerns by providing a summary of key employment law principles across 105 jurisdictions. The guide reflects the law in each jurisdiction as of January 1, 2015 ...
As of 15 May 2013, the most clicked legal resources from the SyCipLaw e-bulletins are:The International Comparative Legal Guide to: Telecoms, Media and Internet Laws 2013, Legal Bulletin: Technology, Media & Telecoms (Jan. 2013)The 2013 Foreign Investors' Guide to Real Estate Transactions in the Philippines ...
The Department of Environment and Natural Resources (DENR) issued DENR Memorandum Order No. 2013-01 (theMemorandum Order), which increased the minimum capital requirements for mining applicants. Under the Memorandum Order, the minimum authorized capital stock and paid-up capital of mining applicants were increased as follows:Authorized Capital: From PhP10 million; To PhP100 million.Paid-Up Capital: From PhP2.5 million; To PhP6.25 million ...
This is a briefing on the issuances of the Philippine government as of May 13, 2020 about the imposition of a modified enhanced community quarantine (MECQ) over Metro Manila and other high-risk areas in relation to the COVID-19 pandemic ...
