The rules on the determination of relevant market are provided in Republic Act No. 10667, also known as the “Philippine Competition Act“, and its Implementing Rules and Regulations (IRR). These rules are as follows:
Continue readingThe rules on forbearance by the Philippine Competition Commission (“Commission”) are provided in Republic Act No. 10667, also known as the “Philippine Competition Act“, and its Implementing Rules and Regulations (IRR). These rules are:
Continue readingThis is a summary/discussion of Rule 30 (“Trial”) under the 2019 Proposed Amendments to the 1997 Rules of Civil Procedure (hereinafter, “2019 Amendments”), which takes effect on 1 May 2020. The most significant addition under the 2019 Amendments pertains to the specific time frames for the entire trial, as well as the presentation of evidence of each party. [The summary/discussion of other Rules may be tracked through the Menu.]
Continue readingThe 2019 Proposed Amendments to the 1997 Rules of Civil Procedure (hereinafter, “2019 Amendments”), which takes effect on 1 May 2020, retains Section 1 of the provisions of Rule 34 (“Judgment on the Pleadings”). [The summary/discussion of other Rules may be tracked through the Menu.]
Continue readingThe 2019 Proposed Amendments to the 1997 Rules of Civil Procedure (hereinafter, “2019 Amendments”), which takes effect on 1 May 2020, retains most of the provisions of Rule 35 (“Summary Judgments”). The provisions on summary judgements, including the amendments, are discussed below. [The summary/discussion of other Rules may be tracked through the Menu.]
Continue readingAfter the plaintiff has completed the presentation of his or her evidence, the defendant may move for dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. If his or her motion is denied, he or she shall have the right to present evidence. If the motion is granted but on appeal the order of dismissal is reversed, he or she shall be deemed to have waived the right to present evidence.
Continue readingThe law allows contracting or subcontracting, which refers to an arrangement whereby a principal agrees to farm out to a contractor the performance or completion of a specific job or work within a definite or predetermined period, regardless of whether such job or work is to be performed or completed within or outside the premises of the principal. What the law prohibits is labor-only contracting. Until the Labor Code is amended, contracting or subcontracting will remain to be allowed in the Philippines.
Continue readingAn affirmative defense is an allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery (Rule 6, Sec. 5). The amendments are discussed below.
Continue readingThere are major changes in the rules governing motions to dismiss under the 2019 Proposed Amendments to the 1997 Rules of Civil Procedure (hereinafter, “2019 Amendments”), which takes effect on 1 May 2020. To begin with, the 2019 Amendments deleted the entire Rule 16 (“Motion to Dismiss”) of the 1997 Rules of Civil Procedure (hereinafter, “1997 Rules”). There seems to be an intent to strongly discourage the use of motions to dismiss.
Continue reading[See Introduction and Menu; Rule 6; Rule 7; Rule 8; Rule 9; Rule 10; Rule 11; Rule 12; Rule 13; Rule 14; Rule 15; Rule 16 (deleted); Rule 17; Rule 18; Rule 19; Rule 20; Rule 21; Rule 22; Rule 23; Rule 24; Rule 25; Rule 26; Rule 27; Rule 28; Rule 29; Rule 30; Rule 31; Rule 32; Rule 33; Rule 34; Rule 35; See also Summary/Discussion on Parts and Contents of a Pleading]