Category Archives: Obiter/News

Primer on Child Safety in Motor Vehicle Act (Republic Act No. 11229)

It’s called a child seat, booster seat, or car seat for children, which is mandatory in other countries. It’s now mandatory in the Philippines as well. On 22 February 2019, President Rodrigo R. Duterte signed into law Republic Act No. 11229, also known as the Child Safety in Motor Vehicle Act. For ease in understanding this law, let’s focus on four aspects: age of the child, height of the child, front or rear seat, and whether the engine is running. Continue reading

Balikbayan Boxes from Overseas Filipino Workers (OFW) Importation Rules and Regulations: Customs Memorandum Order No. 27-2015 (Full Text)

[“Balikbayan Boxes,” according to the Bureau of Customs, “are packages of personal effects and/or “pasalubongs” sent by Filipinos residing or working abroad to their families or relatives in the Philippines to enhance Philippine tradition and culture for the promotion and preservation of strong family ties through love and caring expressed in gift-giving.” Under the new rules issued by the Bureau of Customs, balikbayan boxes sent by Overseas Filipino Workers (OFW) to the Philippines shall not be subjected to random or arbitrary physical examination, but shall be subjected to mandatory x-ray scanning. The full text of the rules is reproduced below.]

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Ferdinand Marcos Burial Case: Supreme Court Decision in Ocampo et al. vs. Enriquez, G.R. Nos. 225973 (full text)

[The Supreme Court of the Philippines, voting 9-5, dismissed the petitions seeking to disallow the burial of former President Ferdinand Marcos at the Libingan ng mga Bayani. This is the full text of the Supreme Court’s majority decision in the Marcos burial case, Ocampo et al. vs. Enriquez, G.R. Nos. 225973, 225984, 226097, 226116, 226117, 226120, and 226294, 8 November 2016]. Continue reading

Regulation of Ride-Sharing Services, Transportation Network Vehicle Service

[Note: On 8 May 2015, Secretary Emilio Aguinaldo Abaya of the Department of Transportation and Communication (DOTC) issued Department Order No. 2015-011, amending Department Order No. 97-1092 to promote mobility. Among the amendment is the provision of the Transportation Network Vehicle Service (TNVS), which basically refers to existing “ride-sharing” or “app-based ride-hailing” services like Uber and GrabCar. The Philippines is the FIRST country in the world to regulate this service. There is, of course, an opposition from operators of taxis and Public Utility Vehicles (PUVs), which are required to comply with certain requirements (e.g., franchise, insurance coverage). PUVs are common carriers and are issued the corresponding PUV license plates. The TNVS are private vehicles that can operate like PUVs and, for purposes of liability, will most likely be treated as a common carrier. PUVs must also secure prior approval from the LTFRB before they can raise fares, but TNVS, based on the D.O 2015-011, are not covered by the same requirement. On the other hand, ride-sharing private vehicles are not required to be registered with the LTFRB based on existing practice. This will change because the regulations now require the driver to be accredited with the LTFRB. There is a high likelihood that the driver will also be required to register with the Bureau of Internal Revenue (BIR) which, in turn, will also require the registration with the local government (Mayor’s Permit). What do you think of the new regulations? Express your thoughts through the comment section below. The pertinent portion of Department Order No. 2015-011 relating to TNVS is reproduced below.]

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