Mining in the Philippines, Foreign Investments and the Grandfather Rule

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How much foreign ownership is allowed for mining companies in the Philippines? The Supreme Court again discussed this issue in a recent ruling denying a motion for reconsideration filed by certain mining companies in the Philippines. The controversy is anchored on the requirement that mining, among other activities, is reserved by the Constitution — the highest law of the land — for Filipinos. Sec. 2, Art. XII of the Constitution, which provides that the exploration, development, and utilization of of natural resources is reserved to Filipinos, whether natural persons or juridical persons. Filipino juridical persons refer to “corporations or associations at least sixty per centrum of whose capital is owned by such citizens.” Continue reading →

Due Process in Termination and Disciplinary Actions; Minimum Period for Reply to Show-Cause Notice

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Practitioners in the field of labor or Human Resources (HR), as well as managers and executive officers of companies, are aware that an employee may only be dismissed for cause. Disciplinary actions, including dismissal from work, must comply with both substantive and procedural due process. Substantive due process requires a valid cause for the dismissal. For procedural due process, outlined below, an interesting question is this: is there a minimum period that must be given to the employee to answer the show-cause notice? Continue reading →

Rules on Principal Office Address of Corporations and Partnerships

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The Securities and Exchange Commission (SEC) has extended the compliance period — until 30 June 2015 (per Memorandum Circular No. 1, series of 2015) — for companies and partnerships to comply with the required designation of the principal office address. We believe that it’s helpful to disseminate the information to non-clients as well, so we are summarizing the requirements below, culled from SEC Memorandum Circular No. 6 (series of 2014; full text) and SEC Memorandum Circular No. 16 (series of 2014; full text). Continue reading →

Principal Office Address of Corporations and Partnerships (SEC Memorandum Circular No. 16; full text)

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[See also SEC Rules on Principal Offic Address; and Memorandum Circular No. 6, series of 2014]

Republic of the Philippines
Department of Finance
Securities and Exchange Commission
SEC Building, EDSA, Greenhills, Mandaluyong City

MEMORANDUM CIRCULAR No. 16
Series of 2014.

TO : ALL CONCERNED

SUBJECT : PRINCIPAL OFFICE ADDRESS OF CORPORATIONS
AND PARTNERSHIPS Continue reading →

Amendment of the Principal Office Address (SEC Memorandum Circular No. 6; full text)

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[See also Rules on Principal Offic Address; and SEC Memorandum Circular No. 16, series of 2014]

Republic of the Philippines
Department of Finance
Securities and Exchange Commission
SEC Building, EDSA, Greenhills, Mandaluyong City

Company Registration and Monitoring Department

MEMORANDUM CIRCULAR No. 6
Series of 2014.

TO : ALL CONCERNED

SUBJECT : AMENDMENT OF THE PRINCIPAL OFFICE ADDRESS Continue reading →

Are You Covered by the Rent Control Law?

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If you search the internet, there are various write-ups on the rule that any rent increase should not be more than 7% per year. It’s not surprising, however, that some landlords or lessors have increased rents by an amount higher than 7%. So, what is the coverage of the existing rent control law? Continue reading →

New Law Increasing the Exemption for 13th Month Pay and Other Benefits (Republic Act 10653)

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Republic of the Philippines
Congress of the Philippines
Metro Manila

REPUBLIC ACT NO. 10653

AN ACT ADJUSTING THE 13TH MONTH PAY AND OTHER BENEFITS CEILING EXCLUDED FROM THE COMPUTATION OF GROSS INCOME FOR PURPOSES OF INCOME TAXATION, AMENDING FOR THE PURPOSE SECTION 32(B), CHAPTER VI OF THE NATIONAL INTERNAL REVENUE CODE OF 1997, AS AMENDED

Continue reading →

Face-to-Face Trial, Training Video (Rule 22 and Rule 24 of the Proposed Revised Rules of Civil Procedure)

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In preparation for the pilot test of Rules 22 and 24 of the proposed Revised Rules of Civil Procedure, the Supreme Court, in coordination with the Philippine Judicial Academy (PHILJA), The Asia Foundation, USAID and the Integrated Bar of the Philippines (IBP), conducted pre-pilot seminar workshops in various parts of the country. Part of the seminar-workshop is a video for the face-to-face trial under the proposed rules. The video, entitled “A Pound of Flesh“, is definitely a helpful learning aid considering the “paradigm shift” in the proposed rules. Continue reading →