[The House of Representatives recently issued a resolution asking that members of Congress — which, in a bicameral set-up, is composed of the Senate and the House of Representatives — convene to consider amendments or revisions of the Constitution. A stated purpose is to highlight a justiciable controversy, to allow the Supreme Court to decide, whether the Constitutional amendment/revision by Congress should be done by both chambers voting separately. Full text of House Resolution No. 1109 is reproduced below. See also similar discussions: How to Change a Constitution and SC dismisses petition assailing House Resolution 1109.]
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Flag and Heraldic Code of the Philippines (Republic Act No. 8491): Full Text
[Some performers render a stylized version of the Philippine national anthem. The applicable law is Republic Act No. 8491, also known as the “Flag and Heraldic Code of the Philippines”. Refer to Section 37 for using a different version of the National Anthem, and Section 34 for the prohibited use of the Philippine Flag.]
Continue readingMagna Carta for Micro, Small and Medium Enterprises (MSMEs): Republic Act No. 6977, as Amended
[This is the full text of Republic Act No. 6977, formerly known as the “Magna Carta for Small Enterprises,” as amended by Republic Act Nos. 8289 and 9501, is reproduced below. The amendments are incorporated in the text. It is now known as the “Magna Carta for Micro, Small and Medium Enterprises (MSMEs)“]
Continue readingObstruction of Justice (PD 1829) in the Philippines: A Summary
Obstruction of justice refers to the commission of acts penalized under Presidential Decree No. 1829 (“Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders”). Any person — whether private or public — who commits the acts enumerated below may be charged with violating PD 1829.
Continue readingPresidential Decree No. 1829: Penalizing Obstruction of Apprehension of Criminal Offenders
[The full text of Presidential Decree No. 1829 is reproduced below. See also Obstruction of Justice (PD 1829): Basic Discussion.]
Presidential Decree No. 1829
Continue readingPrimer on the Personal Equity and Retirement Account (PERA) Act
PERA stands for “Personal Equity and Retirement Account,” which refers to the voluntary retirement account established by and for the exclusive use and benefit of the Contributor for the purpose of being invested solely in PERA investment products in the Philippines. The Contributor shall retain the ownership, whether legal or beneficial, of funds placed therein, including all earnings of such funds. He makes all investment decisions pertaining to his PERA, with an option to appoint an Investment Manager.
Continue readingIntroduction to the Philippine Cooperative Code of 2008
The law which governs cooperatives, prior to the recent enactment of Republic Act No. 9520 (“Philippine Cooperative Code of 2008“), is Republic Act No. 6938 (“Cooperative Code of the Philippines”). Here’s a basic discussion on the new law (a more extensive primer will subsequently be released, initially made available to clients).
Continue readingCredit Information System Act (Republic Act No. 9510) – Full Text
[Republic Act No. 9510, also known as the Credit Information System Act”, was signed by the President on 31 October 2008. See Primer on the Credit Information System Act. The complete text of R.A. 9510 is reproduced below.]
Continue readingHow to Change the Philippine Constitution
Amending the Constitution, which is the highest law of the land, is an issue that comes alive in every term of recent Presidents. Terms such as “Cha-Cha” (charter change), “con-ass” and “concon” are thrown around with regularity. Some sectors argue that there’s a need to amend the Constitution now. Others say that while there’s a need to amend the Constitution, it should be done in a time when the people are comfortable with our leaders. Still others simply don’t care. So, how do you amend the Constitution?
Continue readingSpecial Visa for Employment Generation (SVEG) in the Philippines: A Primer
On 17 November 2008, President Gloria Macapagal-Arroyo issued Executive Order No. 758, providing for a Special Visa for Employment Generation (SVEG) that would allow foreign investors to stay indefinitely in the Philippines under certain requirements. Here’s a primer on the SVEG:
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