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Amicus Curiae

The following articles were also published in BusinessWorld.

August 08, 2018

“I dle, shiftless and worthless man who made no attempt to follow any legal calling, and whose habits of life were those of an immoral and dissolute good for nothing.” This is how Justice Carson described a man guilty of vagrancy. A decade after its enactment, Act No. 519, the law punishing vagrancy, was first put to use in the case of US v. Molina wherein a 33-year-old man was found guilty... Read More

August 02, 2018

Corporate governance is a system of rules and policies by which a company is directed and controlled. It influences the behavior of the company including how risks are managed and how objectives are set. In the past decade, the interest in corporate governance, particularly in relation to accountability of its board of directors, exponentially increased. With the collapse of high-profile... Read More

July 18, 2018

Just recently, the Philippine Competition Commission (PCC) published the draft Joint Venture Guidelines (Draft Guidelines) aimed to help businesses determine when a joint venture shall be subject to compulsory notification pursuant to its power to issue guidelines on competition matters for the effective enforcement of the Philippine Competition Act (PCA). Under Philippine setting, a joint... Read More

July 10, 2018

Business is an ever-changing landscape. It finds ways to create assets, improve what has been already done, and maximize utility at the least possible cost. What organizations often disregard is the value of knowledge and training — the value of creating an avenue for delivering knowledge to the workforce. Even the “delivery” of such knowledge and training has to find a way to transcend the... Read More

July 04, 2018

Bureaucracy teaches us two things: to wait and to execute everything in triplicate. “Red tape” has since evolved from the practice of Charles V, King of Spain and Holy Roman Emperor, of using red ribbon to identify important state documents. Now, it describes a system of regulations and official actions which restrict or deny access to swift and quality government services. The problem of red... Read More

June 27, 2018

Consumer personal data has played an increasingly pivotal role in many markets and economies. Companies like Grab and Air BnB have grown their respective businesses not by acquiring tangible properties but by banking on information given to them by their clienteles. This palpable importance of consumer data has given credence to the prevalent belief that information is now the modern currency in... Read More

May 30, 2018

One of the policy declarations of the Philippine Competition Act (Republic Act No. 10667, or the PCA) is to “[p]enalize all forms of anti-competitive agreements, abuse of dominant position and anti-competitive mergers and acquisitions, with the objective of protecting consumer welfare and advancing domestic and international trade and economic development [Section 2(c)]. Chapter III of the PCA... Read More

May 25, 2018

To maintain a trademark registration with the Philippine Intellectual Property Office (IPOPHL), the registrant must use the mark in commerce and submit a Declaration of Actual Use. This is an affidavit that details information on the registered trademark and the goods and services it covers; the actual goods and services on which the mark is used; and where these goods and services can be bought... Read More

May 17, 2018

The Securities and Exchange Commission (SEC), recognizing the financial sophistication of trust funds, released on April 20, the proposed rules and regulations on determining whether a trust fund is a qualified buyer (Proposed Rules). To put things into context, under the Securities Regulation Code (SRC), any sale of securities to a qualified buyer is an exempt transaction, i.e., the sale or... Read More

May 09, 2018

German-American socialist editor and author, Oscar Ameringer, once said: “Politics is the gentle art of getting votes from the poor and campaign funds from the rich, by promising to protect each from the other.” This is, indeed, a tough balancing act if at all possible. President Rodrigo R. Duterte found this to be so, at least with respect to the issue of “contractualization.” During the 2016... Read More

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