Author Archives: jlp

Regulation of Ride-Sharing Services, Transportation Network Vehicle Service

[Note: On 8 May 2015, Secretary Emilio Aguinaldo Abaya of the Department of Transportation and Communication (DOTC) issued Department Order No. 2015-011, amending Department Order No. 97-1092 to promote mobility. Among the amendment is the provision of the Transportation Network Vehicle Service (TNVS), which basically refers to existing “ride-sharing” or “app-based ride-hailing” services like Uber and GrabCar. The Philippines is the FIRST country in the world to regulate this service. There is, of course, an opposition from operators of taxis and Public Utility Vehicles (PUVs), which are required to comply with certain requirements (e.g., franchise, insurance coverage). PUVs are common carriers and are issued the corresponding PUV license plates. The TNVS are private vehicles that can operate like PUVs and, for purposes of liability, will most likely be treated as a common carrier. PUVs must also secure prior approval from the LTFRB before they can raise fares, but TNVS, based on the D.O 2015-011, are not covered by the same requirement. On the other hand, ride-sharing private vehicles are not required to be registered with the LTFRB based on existing practice. This will change because the regulations now require the driver to be accredited with the LTFRB. There is a high likelihood that the driver will also be required to register with the Bureau of Internal Revenue (BIR) which, in turn, will also require the registration with the local government (Mayor’s Permit). What do you think of the new regulations? Express your thoughts through the comment section below. The pertinent portion of Department Order No. 2015-011 relating to TNVS is reproduced below.]

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When the Use of Aliases Violates the Law

“Iqbal’s alleged use of aliases violates law — solon,” states the caption of a news article, referring to the allegation of Davao City Representative Carlo Nogales that the use of an alias by MILF Spokesman Mohagher Iqbal, apparently not his real name, in official documents “violates the Revised Penal Code and the Anti-Alias law which prohibit the use of pseudonyms in public documents.” It might be helpful to have a summary of the laws the penalize the use of aliases. Continue reading

No Registration, No Travel Policy (LTO Memorandum Circular AVT-2015-1927; full text)

[Reproduced below is the full text of LTO Memorandum Circular AVT-2015-1927 (No Registration, No Travel Policy). Incidentally, in an Advisory published in newspapers, the LTO announced that: “In line with the implementation of NO REGISTRATION-NO TRAVEL policy, starting April 1, 2015, please be advised that only LTO Law Enforcers and LTO Deputized Agents in complete uniform with valid ID and carrying LTO issued Temporary Operators Permit (TOP) are authorized to stop vehicles and apprehend those in violation of the same.”] Continue reading

Premature Marriage No Longer a Crime

The death of either spouse dissolves the marital bond (same effect with annulment or declaration of nullity). This simply means that, subject to compliance with certain requirements, the husband or the wife is free to marry again. There is no legal obstacle for remarriage (and we’ve heard of a plot or two involving a spouse who wants to kill the other spouse so he/she can marry another person). Men may remarry right away. Women, on the other hand, must wait for 301 days or, if pregnant at the time of the husband’s death, must wait until childbirth, before they can remarry. Continue reading

2014 Bar Exam Results: Top 10 and Full List

Congratulations! The Supreme Court released the results of the 2014 bar examaminations on Thursday, 26 March 2015. Out of the 5,984 law school graduates that took the 2014 bar exam, only 1,126 passed (18.82% passing rate). The Top 10 bar passers and the full list of successful bar examinees are reproduced below: Continue reading

P15 Minimum Wage Hike for NCR (Wage Order No. NCR-19, full text)

A 15-peso increase minimum wage was approved by the Regional Tripartite Wages and Productivity Board-National Capital Region (RTWPB-NCR) and announced by Department of Labor and Employment (DOLE) Secretary Rosalinda Dimapilis-Baldoz. “The new minimum wage in the National Capital Region has been raised to P481 for workers in the non-agriculture sector and P444 for workers in the agricultural sector. The minimum wage hike is expected to be affirmed by the NWPC this week, and the RTWPB will publish it, after which it will take effect 15 days after its publication,” DOLE-NCR Regional Director Alex Avila said in a report. This issuance is Wage Order No. NCR-19, reproduced in full below (see also Primer on Wage Order NCR-19). Continue reading

Increase of Tax Exclusion to P82,000 for 13th Month Pay and Other Benefits (BIR Revenue Regulations No. 3-2015; Full Text)

REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FINANCE
BUREAU OF INTERNAL REVUENUE
Quezon City

March 9, 2015

REVENUE REGULATIONS NO. 3-2015

SUBJECT: Implementing the Provisions of Republic Act No. 10653, More Particularly on the Increase of the Total Amount of Exclusion to P82,000.oo for 13th Month Pay and Other Benefits from Gross Income Effectively Further Amending the Pertinent Provisions of Revenue Regulations No. 2-98 Continue reading

Valerio E. Kalaw vs. Ma. Elena Fernandez (G.R. No. 166357, 14 January 2015)

[This is the full text of the Supreme Court’s Resolution in the case of Valerio E. Kalaw vs. Ma. Elena Fernandez, G.R. No. 166357, 14 January 2015, with Justice Bersamin as ponente. This is reproduced for academic reasons, for those who seek a more thorough understanding of the case. See also: The “Relaxation” of Rules in Declaration of Nullity of Marriage Based on Psychological Incapacity.] Continue reading