Category Archives: Discuss-a-Bill

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

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

A Compressed Work Week under House Bill No. 6152 (Let’s Not Call it a 4-Day Work Week)

Another unreasonable imposition, I thought, when I first heard about the news that the House of Representatives approved House Bill No. 6152, providing for a compressed work week. My first impression was wrong, it turned out, but let’s talk about that in a while. The misimpression stemmed from the headlines — “House approves 4-day work week bill” (CNN), House OKs bill on 4-day workweek” (philstar), House passes 4-day workweek bill (rappler). The initial impression was this: the 4-day work week will be compulsory in nature. Continue reading

Proposed Amnesty for Unpaid Estate Taxes

We’ve been consulted on a number of real estate transactions that had to be shelved because of unsettled estate taxes. It’s not because the owners — who inherited the properties — have the intention of evading taxes; it’s just that a lot of people do not know about, or do not give much importance to, the settlement of estate taxes immediately after the death of the original owner. The rule is: if a real estate owner dies, the heirs (spouse, children, etc.) must file the appropriate tax return with the Bureau of Internal Revenue (BIR) and pay the corresponding estate taxes. Unless the estate tax is paid and the BIR issues a Certificate Authorizing Registration (CAR), the Register of Deeds will not allow the transfer of the title to the real estate. The difficiculty of complying with this requirement discourages transactions involving the property, like partition among the heirs and sale of the property itself. There are estate taxes that remain unpaid after decades, with the basic tax, plus interest, penalties and surcharges, potentially exceeding the value of the property. Continue reading

Discuss: Death Penalty Law (House Bill No. 1; Full Text)

[House Bill No. 1 seeks to reimpose the death penalty in the Philippines. As noted in the bill’s explanatory note, the “imposition of the death penalty for heinous crimes and the ode of its implementation, both subjects of repealed laws, are crucial components of an effective dispensation of both reformative and retributive justice.” To aid in the productive discussion of the subject matter, the complete text is reproduced in this post. Discuss using the comment section below.] Continue reading

Discuss: Minimum Age of Criminal Responsibility Act (House Bill No. 2; Full Text)

[House Bill No. 2 seeks to amend Republic Act No. 9344, as amended by Republic Act No. 10630, and reverting the minimum age of criminal responsibility from fifteen (15) years old to nine (9) years old. It was filed at the House of Representatives (First Regular Session, 17th Congress); introduced by Cadiz Representative Fredenil H. Castro and co-sponsored by Davao del Norte Representative Pantaleon D. Alvarez. To aid in the productive discussion of the subject matter, the complete text is reproduced in this post. Discuss using the comment section below.] Continue reading

PNoy Made a Mistake in Vetoing the P2,000 SSS Monthly Pension Increase?

Congress passed a bill proposing an increase in the monthly Social Security System (SSS) pension by P2,000. President Aquino vetoed the proposed law because, according to him, the increase will result to the bankruptcy of the SSS in the next 11 years. On the other hand, there seems to be nothing erroneous in the statements of Senator Cynthia Villar in her sponsorship speech of Committee Report 213 (incidentally, the speech also addresses the “scary” scenario that the SSS will go bankrupt). Incidentally, there’s another piece of legislation under watch by female employees — the 100-day maternity leave. Full text of the speech reproduced below. Feel free to express your thoughts on the matter through the comment section below. Continue reading

House Bill No. 4994: Bangsamoro Basic Law (complete text)

[For a meaningful and informed discussion on the draft Bangsamoro Basic Law, here’s the full text of House Bill No. 4994, reproduced with permission from the Philippine e-Legal Forum. HB 4994 is now considered by the House of Representatives.] Continue reading