Author Archives: Atty. Fred

Tinkering with internet tools comes with the bonus of better understanding how existing laws apply to the third wave - that of technology, particularly the internet. This is also a great medium to disseminate and discuss ideas across borders, time, color or creed. Read more.

No Parking, No Car (Proof-of-Parking Space Act, Senate Bill No. 201)

The economy loses billions of pesos a day because of traffic. Cars parked on the sides of the roads are among the causes of traffic, as well as a host of other problems. To solve this problem, and we say this proposal is long overdue, there is a proposed law which seeks to impose a “no parking space, no motor vehicle” policy. Continue reading

Disrespect of the Flag and National Anthem

There’s a recent proposal to change the lyrics of the Philippine National Anthem. There’s also news about 34 people arrested for “disrespecting the flag” in a Batangas cinema (“34 arrested for disrepecting flag in Batangas cinema,” Politiko, accessed on 7 October 2018), and another moviegoer arrested in Cavite for “flag code violation” (“Moviegoer arrested in Cavite for flag code violation,” Sunstar Manila, accessed on 7 October 2018). Let’s discuss the law which governs both the national anthem and the national flag.  Continue reading

The Power of Contempt vs. Professors Promoting “Rebellious” Ideas

The Philippine National Police (PNP) is given the difficult task of enforcing the law. Our police force should have the necessary tools to effectively discharge their functions, which is why the PNP was recently given the power to issue subpoena and enforce this power through contempt. The recent news items, involving PNP Chief Director General Oscar Albayalde and the power of contempt (“Professors promoting ‘rebellious’ ideas may face contempt — Albayalde“,; “PNP chief says teachers ‘instigating’ students should be charged“, ABS-CBN News), got our attention. For purposes of discussing points of law, let us do a brief scan of the Supreme Court decisions on the power of contempt. Continue reading

105-Day Expanded Maternity Leave in the Philippines

The proposal to increase the paid maternity leave in both the government and private sector, for a minimum of 105 days per childbirth, have been ratified by both houses of Congress. The Senate and House of Representatives ratified the bicameral conference committee report on House Bill 4113 and Senate Bill 1305, also known as the “105-Day Expanded Maternity Leave Law.” It will be transmitted to the President for his signature Continue reading

The Anti-Bomb Joke Law and Drew Olivar

A criminal case for violation of the “Anti-Bomb Joke Law” will be filed against blogger Drew Olivar, reports quote Philippine National Police Director General Oscar Albayalde. Drew Olivar reportedly stated, in a Facebook post which has been taken down: “Ay nakakatakot naman mag-rally sa EDSA, kasi may kumakalat na baka maulit daw yung pagbomba kagaya ng Plaza Miranda! Kung ako sa inyo, hindi na ako pupunta.” Continue reading

The One Person Corporation in the Philippines

The creation of a one person corporation is not yet covered by Philippine laws. We support the proposals to allow the creation of one person corporation in the Philippines. We have encountered a number of clients who expressed their interest in creating a one person corporation. We are also handling foreign-registered one person corporations (called a corporation sole in other jurisdiction) doing business in the Philippines. The creation of a one person corporation, long allowed in other countries, is most welcome in the Philippines. Fortunately, there is a pending bill in Congress to allow the creation of a domestic one person corporation. Continue reading

Personal Property Security Act (Republic Act No. 11057): Fact Sheet of House Bill No. 6907

[The Personal Property Security Act, or Republic Act No. 11057, is the result of House Bill No. 6907 under Committee Report No. 550 and Senate Bill. No. 1459 under Committee Report No. 86. Here is the Fact Sheet for House Bill No. 6907:] Continue reading

Personal Property Security Act (Republic Act No. 11057): Sponsorship Speech under Senate Bill No. 1459

[The Personal Property Security Act, or Republic Act No. 11057,  originated from House Bill No. 6907 under Committee Report No. 550 and Senate Bill. No. 1459 under Committee Report No. 86. For a background what spurred the enactment of Personal Property Security Act, it is helpful to look at the explanations given by the law’s sponsors, including the sponsorship speech of Senator Paolo Benigno “Bam” A. Aquino IV on 22 May 2016. Here’s the full text:] Continue reading

Faster Authentication of Documents under the Apostille Convention

One problem we encounter in law practice, including in cases for recognition of foreign divorce decrees, is the difficulty in securing authenticated copies of the divorce decree and related documents. Authentication of documents is a long and expensive process. Great news — the Department of Foreign Affairs (DFA) recently announced that the Philippines has acceded to the Apostille Convention eliminating steps in authenticating documents. This Convention will enter into force between the Philippines and other States Parties which have raised no objection to its accession on 14 May 2019. According to the DFA: Continue reading

2018 Bar Exam: Information, Discussions, Tips, Questions and Results

Let’s have the usual central post to track and centralize discussions on the preparations, schedule and related information for the 2018 bar examination (those who wish to continue discussing the 2017 bar exam, go here). The bar results will also be posted here. This post will be updated from time to time. Feel free to drop by and share your updates through the comment section below. As always, good luck and God bless, ladies and gents. Continue reading