Category Archives: Corporate & Investments

Credit Cards and Access Devices Regulation: Explained

What is the “Access Devices Regulation Act of 1998”?

It is Republic Act No. 8484, which is an act regulating the issuance and use of access devices and prohibiting the fraudulent acts committed relative thereto, among others. By enacting this legislation, the State recognizes the recent advances in technology and the widespread use of access devices in commercial transactions. Continue reading

R.A. 9492 – Holiday Economics and Movable Holidays

Maybe you’ve heard of the new law (Republic Act No. 9492) that seeks to “rationalize” the celebration of national holidays in the Philippines. The new law makes majority of the holidays “movable” to Mondays. In the event the holiday falls on a Wednesday, the holiday will be observed on the Monday of the week. If the holiday falls on a Sunday, the holiday will be observed on the Monday that follows. Still, for movable holidays, the President shall issue a proclamation, at least six months prior to the holiday concerned, the specific date that shall be declared as a nonworking day.

Continue reading

Criminal Cases and Insolvency

I often come across debtors dropping the hint of filing, or actually filing, a case for insolvency or bankruptcy just to bring home the (alleged) point that they have nothing more to cough out. It is true that once a petition for insolvency is granted, the debtor-insolvent is discharged from all his existing debts. The decision to file for insolvency, however, should not be taken lightly. Here are a few reasons why:

Continue reading

Credit Cards and Unfair Collection Practices in the Philippines

There are a number of good reasons in favor of having and using a credit card. Still, we all know the possible adverse results in the unchecked use of “plastics” or credit cards, such as this one: “THERE’S a credit-card horror story that’s become some sort of an urban legend: A television personality, after losing his job in a top network, resorts to using his plastic money. By the time he finds employment in the rival network, he has wracked up P58,000 in credit card bills. But he figures he’s not yet ready to pay in full, so he pays just the minimum amount due. Yet after five years, he is shocked to realize that his credit card debt had ballooned more than 10 times to P700,000.”

Continue reading

“No Return, No Exchange” Store Policy Prohibited

Q: What is the legal basis of the prohibition on “No Return, No Exchange” Policy of business establishments?

A: Pursuant to the Implementing Rules and Regulations of R.A. 7394, or the Consumer Act of the Philippines, specifically Title III, Chapter I, Rule 2, Section 7 of Department Administrative Order (DAO) No. 2, series 1993, the words “No Return, No Exchange”, or words to such effect shall not be written into the contract of sale, receipt or sales transaction, in any document evidencing such sale or anywhere in the store or business establishment.

Continue reading

DTI Disallows Higher Price of Purchases Paid through Cards

Last month, the Department of Trade and Industry (DTI) issued Administrative Order No. 10 (series of 2006), which prohibits, among others, the imposition of a surcharge, extra charge or additional charge in the use of credit cards, automated teller machine (ATM) cards and debit cards for payment of purchases of consumer products or services. In other words, stores cannot impose any extra charges on top of the cash price for purchases of goods or services paid via credit card. Violators face a penalty of imprisonment of up to six months. Here’s the full text of Administrative Order No. 10. It takes effect 15 days from publication.

Management and HR Tools

One of the major concerns of employers is labor, and it doesn’t matter if the employer is a big corporation with a Human Resources (HR) department or simply an entrepreneur/small and medium enterprise (SME). The employer hires, pays, manages, disciplines and fires employees. Problems inevitably arise in the process, and, based on the full-packed hallways that I regularly go through at the National Labor Relations Commission (NLRC), these problems are not diminishing. Continue reading