What You Need to Know Under the “Anti-Drunk and Drugged Driving Act of 2013” (Republic Act 10586): A Primer

The first arrest under Republic Act No. 10586 (also known as the “Anti-Drunk and Drugged Driving Act of 2013? and its Implementing Rules and Regulations was made in March 2015. Whether one subscribes to the policy behind the new law or one would simply avoid the penalty of imprisonment that comes with violations of this law, it is always helpful to be familiar with its basic provisions. After all, ignorance of the law excuses no one.

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P15 Minimum Wage Hike for NCR (Wage Order No. NCR-19, full text)

A 15-peso increase minimum wage was approved by the Regional Tripartite Wages and Productivity Board-National Capital Region (RTWPB-NCR) and announced by Department of Labor and Employment (DOLE) Secretary Rosalinda Dimapilis-Baldoz. “The new minimum wage in the National Capital Region has been raised to P481 for workers in the non-agriculture sector and P444 for workers in the agricultural sector. The minimum wage hike is expected to be affirmed by the NWPC this week, and the RTWPB will publish it, after which it will take effect 15 days after its publication,” DOLE-NCR Regional Director Alex Avila said in a report. This issuance is Wage Order No. NCR-19, reproduced in full below (see also Primer on Wage Order NCR-19).

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Increase of Tax Exclusion to P82,000 for 13th Month Pay and Other Benefits (BIR Revenue Regulations No. 3-2015; Full Text)

REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FINANCE
BUREAU OF INTERNAL REVUENUE
Quezon City

March 9, 2015

REVENUE REGULATIONS NO. 3-2015

SUBJECT: Implementing the Provisions of Republic Act No. 10653, More Particularly on the Increase of the Total Amount of Exclusion to P82,000.oo for 13th Month Pay and Other Benefits from Gross Income Effectively Further Amending the Pertinent Provisions of Revenue Regulations No. 2-98

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The “Relaxation” of Rules in Declaration of Nullity of Marriage Based on Psychological Incapacity

“SC relaxes rules on psychological incapacity as ground to annul marriages,” says the news title in a popular newspaper. While the news article does not mention the title of the case, it’s clearly abundant that it refers to the 2015 case of Valerio E. Kalaw vs. Ma. Elena Fernandez (G.R. No. 166357, 14 January 2015). Did the Supreme Court, in the case of Kalaw, “relax” the rules on petitions for declaration of nullity of marriage based on psychological incapacity? Let’s discuss this question and, at the same time, highlight ten matters that may be of interest to those seeking answers.  

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Valerio E. Kalaw vs. Ma. Elena Fernandez (G.R. No. 166357, 14 January 2015)

[This is the full text of the Supreme Court’s Resolution in the case of Valerio E. Kalaw vs. Ma. Elena Fernandez, G.R. No. 166357, 14 January 2015, with Justice Bersamin as ponente. This is reproduced for academic reasons, for those who seek a more thorough understanding of the case. See also: The “Relaxation” of Rules in Declaration of Nullity of Marriage Based on Psychological Incapacity.]

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Mining in the Philippines, Foreign Investments and the Grandfather Rule

How much foreign ownership is allowed for mining companies in the Philippines? The Supreme Court again discussed this issue in a recent ruling denying a motion for reconsideration filed by certain mining companies in the Philippines. The controversy is anchored on the requirement that mining, among other activities, is reserved by the Constitution — the highest law of the land — for Filipinos. Sec. 2, Art. XII of the Constitution, which provides that the exploration, development, and utilization of of natural resources is reserved to Filipinos, whether natural persons or juridical persons. Filipino juridical persons refer to “corporations or associations at least sixty per centrum of whose capital is owned by such citizens.”

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Due Process in Termination and Disciplinary Actions; Minimum Period for Reply to Show-Cause Notice

Practitioners in the field of labor or Human Resources (HR), as well as managers and executive officers of companies, are aware that an employee may only be dismissed for cause. Disciplinary actions, including dismissal from work, must comply with both substantive and procedural due process. Substantive due process requires a valid cause for the dismissal. For procedural due process, outlined below, an interesting question is this: is there a minimum period that must be given to the employee to answer the show-cause notice?

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Rules on Principal Office Address of Corporations and Partnerships

The Securities and Exchange Commission (SEC) has extended the compliance period — until 30 June 2015 (per Memorandum Circular No. 1, series of 2015) — for companies and partnerships to comply with the required designation of the principal office address. We believe that it’s helpful to disseminate the information to non-clients as well, so we are summarizing the requirements below, culled from SEC Memorandum Circular No. 6 (series of 2014; full text) and SEC Memorandum Circular No. 16 (series of 2014; full text).

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