New Minimum Wage: P537 in the National Capital Region (Per Wage Order No. NCR-22)

[P537, the new minimum wage for non-agricultural workers in the National Capital Region (NCR), was announced by Secretary Silvestre Bello III of the Department of Labor and Employment (DOLE). The P25 increase (PHP512 + P25) is contained in Wage Order No. NCR-22. 16 out of the 17 Regional Boards issued new wage orders, granting minimum wage increases. This post will be updated to include the full text of the Wage Orders and date of effectivity.] Continue reading

Allowing Illegitimate Children to Use the Surname of Father (Administrative Order No. 1, Revised Implementing Rules and Regulations of Republic Act No. 9255)

[Prior to the enactment of Republic Act No. 9255, an illegitimate child, or a child born outside of a valid wedlock, may ONLY use the surname of the mother and, regardless of any circumstances, is prohibited from using the father’s surname. Before the amendment, Article 176 of the Family Code provides that: “Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code.” As the law now stands, there is an OPTION to use the surname of the mother or, if the required documents are submitted, the surname of the father. The details are found in the Philippine Statistics Authority’s Administrative Order No. 1; full text below.] Continue reading

Primer on the Batas Kasambahay or Domestic Workers Act (Republic Act No. 10361)

In a move meant to better protect domestic workers, the Philippine Congress passed a law known as the “Domestic Workers Act” or “Batas Kasambahay”. On 18 January 2013, President Benigno Aquino III signed Republic Act No. 10361 (full text; see also Implementing Rules and Regulations), instituting policies for the protection and welfare of domestic helpers. Considering that it equally affects the domestic helpers and the employers, let’s get to know what’s provided in this law. Continue reading

Rules on Withholding of Income by Top Withholding Agents under Revenue Regulations No. 11-2018

The Bureau of Internal Revenue (BIR) issued, on 31 January 2018, Revenue Regulations No. 11-2018, concerning withholding income tax, to implement the changes under Republic Act No. 10963, also known as the “Tax Reform for Acceleration and Inclusion (TRAIN)” Law. RR 11-2018 amends certain provisions of Revenue Regulations No. 2-98, as amended. The regulations cover, among others, taxpayers categorized as top withholding agents. Continue reading

Primer on the Price Act (Republic Act No. 7581, as amended by R.A. 10623)

The Price Act (Republic Act No. 7581, as amended by R.A. 10623) fleshes out the State’s policy to ensure the availability of basic necessities and prime commodities at reasonable prices at all times without denying legitimate business a fair return on investment, as well as the policy to provide effective and sufficient protection to consumers against hoarding, profiteering and cartels with respect to the supply, distribution, marketing and pricing of said goods, especially during periods of calamity, emergency, widespread illegal price manipulation and other similar situations. Continue reading

What is a Motion to Declare Defendant in Default?

There are concepts in law, litigation in particular, that are considered basic for lawyers, but confusing for the layperson. A general query we received highlighted the need to discuss these basic concepts, consistent with the purpose of this Forum to help in the Court’s effort to educate the public on the law, considering that ignorance of the law excuses no one. Continue reading

Summary of the 105-Day Expanded Maternity Leave Law

The “105-Day Expanded Maternity Leave Law” is not yet a law, even if the bicameral report has been ratified by both houses of Congress. It has to be signed by the President (or lapse into law) and the President has the power to veto certain provisions. Nevertheless, let us summarize what we know so far of the version ratified by the Senate and the House of Representatives. Continue reading