Point of Law

The following articles were written by Francisco Ed. Lim and also published in The Philippine Daily Inquirer.

March 08, 2018

In broad strokes, the short-swing profits rule provides that any profit realized by insiders of an issuer from the purchase and sale, or any sale and purchase, of any equity security of the issuer within any period of less than six months, unless such security was acquired in good faith in connection with a debt previously contracted, shall inure to and be recoverable by the issuer (Section 23.2... Read More

February 22, 2018

Early this month, President Duterte laid down the law, so to speak, and threatened to shut down the entire island of top tourist destination Boracay for its continued environmental problems. Of the 7,107 islands that constitute the Philippine archipelago, Boracay sets itself apart with its crystalline waters and powder-like white sand beaches. Ranked as one of the top three islands in the world... Read More

February 08, 2018

In a recent order, the Securities and Exchange Commission (SEC) directed four of businessman Joseph Calata’s companies to cease and desist from engaging in the initial coin offering (ICO) of Krops tokens, also referred to as kropcoins. The ICO was advertised on a website operated by one of Calata’s companies. Kropcoins, a form of digital money, were being offered for sale to investors (local and... Read More

January 18, 2018

As of this writing, one bitcoin is already equivalent to $10,338. Late last year, it reached an all-time high of $19,783.06. Still, it was a meteoric rise from just $2.00 in December 2011. The average daily volume of bitcoin is $40 million and its global market value is around $213 billion. In the Philippines, monthly trading volume is now estimated to be about $6 million from only $2 million in... Read More

January 04, 2018

The past years saw the rise of a type of expression that has shaped (or distorted) public discourse around the world: fake news. No wonder the Collins Dictionary officially named “fake news” as its Word of the Year for 2017. In the United States, fake news was pervasive during the 2016 presidential election (e.g. the Pope endorsing Donald Trump, Hillary Clinton selling weapons to ISIS etc.).... Read More

December 21, 2017

Sanofi Pasteur (Sanofi), a world leader in the research, development and manufacture of human vaccines, made a breakthrough with the world’s first dengue vaccine. After over 20 years of rigorous research and development, Sanofi submitted for licensure its vaccine in 2015. Since then, it has been used in over 11 countries, both in private and public markets in Asia and Latin America. Based on... Read More

December 07, 2017

Fund managers and stock market players have a go-to advice: Invest in blue chip stocks when diversifying your portfolio to decrease risks and increase the probability of gains. Blue chips are stocks in companies that have gained a reputation for being stable, financially sound and reliable. This reputation was built, thanks to a long history of success as a company. Blue chip companies, or... Read More

November 24, 2017

Our Rules of Court on Evidence does not contain any provision sanctioning video testimony. Understandably so because when the Rules of Court was promulgated in 1964, the technology was not yet in place. Things have drastically changed, though. We now live in a digital world where almost everything can be done electronically or through the internet. The question posed to me is whether the court... Read More

November 09, 2017

Last October 25, the Asean Law Association (Ala) held its commemorative session in Malacañang Palace. President Duterte was, of course, the special guest speaker. After calling upon Ala to “become instrumental in addressing the regional scourge of poverty, transnational crimes and terrorism,” the President went extemporaneous to explain to his international audience his war against drugs.... Read More

October 19, 2017

The new president and chief executive of the Philippine Stock Exchange (PSE), Ramon S. Monzon, was the guest speaker in the recent annual general membership meeting of the Shareholders’ Association of the Philippines (SharePHIL). In the course of discussing his vision for the PSE, Monzon presented data which caught the ears and eyes of members. According to Monzon, the PSE is “one of the oldest... Read More