The crime of libel in the Philippines is defined and penalized under Article 353 (“Definition of Libel”), in relation to Article 355 (“Libel by means of writings or similar means”) of the Revised Penal Code (“RPC”). There was a debate whether the required “publication” in libel encompasses the internet, which was not yet in existence when the RPC was enacted. This debate has been laid to rest, with the enactment of Republic Act (“R.A.”) No. 10175, also known as the Cybercrime Prevention Act of 2012. This article discusses the definition, elements/requisites and applicable penalties for online libel.
Continue readingNo Duplication of SBWS, CAMP and SAP: 5 Things You Need to Know for the Second Tranche
To clarify the apparent confusion in the implementation of the various Social Amelioration Programs (SAP), various agencies issued Joint Memorandum Circular No. 2, Series of 2020 (dated 9 June 2020), or the Joint Implementing Guidelines for the Implementation of the Social Amelioration Program for the Second (2nd) Tranche.
Continue readingEstablishment Report Form (Labor Advisory No. 17-A)
[The Department of Labor and Employment (DOLE) issued Labor Advisory No. 17-A, advising covered business or employers to submit the Establishment Report Form. The Form (3 pages) is enclosed below (right click to download and save).]
Continue readingUnemployment Insurance or Involuntary Separation Benefits: Requirements and Application
The unemployment insurance or involuntary separation benefit is a cash benefit granted to covered employees, including Kasambahays and Overseas Filipino Workers (OFWs), who are involuntarily separated from employment. To assist members who are involuntarily separated from employment, the Social Security System (SSS) issued the implementing guidelines for the Unemployment Insurance or Involuntary Separation Benefit. Here are the salient points of the SSS guidelines:
Continue readingOnline Sellers / Businesses Required to Register with the Bureau of Internal Revenue (BIR)
The Bureau of Internal Revenue (BIR) gave notice, through Revenue Memorandum Circular No. 60-2020, to all persons engaged in online selling, or conducting business transactions through any forms of electronic media, to register their respective businesses and pay the appropriate taxes — not later than 31 July 2020. Online sellers are also given notice to declare past sales and pay the appropriate taxes, without penalties, if done not later than 31 July 2020. The registration guidelines and requirements, for both individual and juridical online sellers, are discussed below.
Continue readingRegular Holiday on 12 June 2020: Computation of Holiday Pay (Labor Advisory No. 22) and Deferment of Payment
[The Department of Labor and Employment (DOLE) issued Labor Advisory No. 22, series of 2020, as guide for the computation of payment of holiday pay for 12 June 2020 (Independence Day). However, the payment of the holiday pay is deferred. The full text of Labor Advisory No. 22 is reproduced below.]
Continue readingRevised Detailed List of Category I to IV Business Establishments Allowed During GCQ, MGCQ, ECQ, MGCQ
The revised list of businesses or activities under Category I to IV is contained in Memorandum Circular No. 20-33 issued by the Department of Trade and Industry (DTI) on 8 June 2020. As used in the list below: NO means not allowed to operate; SKT means skeleton workforce; 50% means partial operating capacity; 100% means full operating capacity. The complete list, as provided in the Annex of MC 20-33, is reproduced below.
Continue readingRevised Category I to IV Business Establishments (DTI Memorandum Circular No. 20-33)
[The full text of Memorandum Circular No. 20-33 (“Revised Category I-IV Business Establishments or Activities Pursuant to the Revised Omnibus Guidelines on Community Quarantine dated 22 May 2020 Amending for the Purpose Memorandum Circular 20-22 S. 2020”), issued by the Department of Trade and Industry (DTI), is reproduced below. The Annex containing the list of business is provided in a separate post.]
Continue readingJoint Memorandum Circular No. 2: Joint Implementing Guidelines for the Implementation of the Social Amelioration Program for the Second (2nd) Tranche
[JMC 2-2020 was issued by the Philippine National Police (PNP), Department of Interior and Local Government (DILG), Department of Budget and Management (DBM), Department of Labor and Employment (DOLE), Department of Social Welfare and Development (DWSD), Department of Agriculture (DA), Department of Trade and Industry (DTI), Department of Finance (DOF), Department of National Defense (DND), Armed Forces of the Philippines (AFP). See Summary. The full text of JMC 2-2020 is reproduced below.]
Continue readingExpanded Grace Period for Rents in Residential and Commercial Units: DTI Amended Guidelines
The Department of Trade and Industry (DTI) issued the Supplemental Guidelines on the Concessions on Residential Rents and Commercial Rents (Memorandum Circular No. 20-29) and the Amendment to Supplemental Guidelines on the Concessions on Residential Rents and Commercial Rents (Memorandum Circular No. 20-31). Here is a summary/discussion of the amended supplemental guidelines:
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