In its Resolution No. 10429 promulgated on 1 October 2018, the Commission on Elections (COMELEC) prescribed the following calendar of activities and periods of prohibited acts in connection with the 13 May 2019 national and local elections. Continue reading
Summary of the 105-Day Expanded Maternity Leave Law
The “105-Day Expanded Maternity Leave Law” is not yet a law, even if the bicameral report has been ratified by both houses of Congress [Update: See Primer on 105-Day Expanded Maternity Leave Law, Republic Act No. 11210]. It has to be signed by the President (or lapse into law) and the President has the power to veto certain provisions. Nevertheless, let us summarize what we know so far of the version ratified by the Senate and the House of Representatives. Continue reading
Rule on Cybercrime Warrants (A.M. No. 17-11-03-SC): Full Text
[The Supreme Court issued the Rule on Cybercrime Warrants, through A.M. No. 17-11-03-SC dated 3 July 2018. See also Summary/Discussion, full text of the Cybercrime Prevention Act and its IRR. The full text of the Rule on Cybercrime Warrants is reproduced below.]
Continue readingHow to Start/Register a Cooperative in the Philippines
As a juridical entity, a cooperative is similar to a corporation. However, while corporations are registered and supervised by the Securities and Exchange Commission (SEC), cooperatives are registered and supervised by the Cooperative Development Authority (CDA). This is pursuant to the Philippine Cooperative Code of 2008 (Republic Act No. 9520). [See also Introduction to cooperatives]
Continue readingDestierro: Definition, Nature and Jurisdiction in the Philippines
Destierro means banishment or only a prohibition from residing within the radius of 25 kilometers from the actual residence of the accused for a specified length of time. While it is technically not imprisonment, it still is a penalty imposed under the Revised Penal Code of the Philippines.
Continue readingImplementing Rules on Contracting and Sub-Contracting (Department Order No. 174, series of 2017): Full Text
DEPARTMENT ORDER NO. 174
RULES IMPLEMENTING ARTICLES 106-109 OF THE LABOR CODE, AS AMENDED
By virtue of the power vested in the Secretary of Labor and Employment under Articles 5 and 106 to 109 of the Labor Code of the Philippines, as amended, the following regulations governing contracting and subcontracting arrangements are hereby issued:
Continue readingPreliminary Matters (Rule I): Data Privacy Act
[Table of Contents] [Glossary]
Implementing Rules and Regulations of Republic Act No. 10173, known as the “Data Privacy Act of 2012”
Pursuant to the mandate of the National Privacy Commission to administer and implement the provisions of the Data Privacy Act of 2012, and to monitor and ensure compliance of the country with international standards set for data protection, the following rules and regulations are hereby promulgated to effectively implement the provisions of the Act:
Continue readingScope of Application (Rule II): Data Privacy Act
[Table of Contents] [Glossary]
Rule II. Scope of Application
Section 4. Scope. The Act and these Rules apply to the processing of personal data by any natural and juridical person in the government or private sector. They apply to an act done or practice engaged in and outside of the Philippines if:
Continue readingNational Privacy Commission (Rule III): Data Privacy Act
[Table of Contents] [Glossary]
Rule III. National Privacy Commission
Section 8. Mandate. The National Privacy Commission is an independent body mandated to administer and implement the Act, and to monitor and ensure compliance of the country with international standards set for personal data protection.
Continue readingData Privacy Principles (Rule IV): Data Privacy Act
[Table of Contents] [Glossary]
Rule IV. Data Privacy Principles
Section 17. General Data Privacy Principles. The processing of personal data shall be allowed, subject to compliance with the requirements of the Act and other laws allowing disclosure of information to the public, and adherence to the principles of transparency, legitimate purpose, and proportionality.
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