A Real Estate Investment Trust or REIT is a company owning and operating income-generating real estate. In order to further promote the development of the capital market in the Philippines, the SEC is enhancing the ownership requirements and other rules for the REIT. By easing the restrictions and broadening the participation in the ownership, SEC intends to develop a viable REIT market that will unlock a deep source of funding for more infrastructure projects in the country along with a lucrative investment opportunity for Filipinos. For further information, you may click this link:
It is a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt a person, or to blacken the memory of one who is dead. Such acts are committed through a computer system .
2. What are the acts punishable and their corresponding penalties?
3. Are the following defenses valid?
“Eh, totoo naman” General Rule: Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown
“Eh, di ko naman sya pinangalanan” It is not necessary that the person be named, if apparent or if the publication contains matters of description from which others reading the article may know the person alluded to
“Eh, kami-kami lang naman ang nakabasa” It is not required that the person defamed has read or heard about the libelous remark, what is material is that a third person has read or heard the libelous statement
Section 4 (c)(4) of RA 10175 Disini vs Secretary of Justice, GR No. 203335, 11 February 2014 First paragraph of Art. 354, Revised Penal Code. Manila Bulletin Publishing Corporation & Ruther Batuigas vs. Victor Domingo, et al., G.R. No. 170341, 5 July 2017. Id.
Data protection and privacy should not hinder the government from collecting, using, and sharing personal information during this time of public health emergency.
The direction is lawful and straightforward.
COLLECT WHAT IS NECESSARY.
DISCLOSE ONLY TO THE PROPER AUTHORITY.
RAYMUND ENRIQUEZ LIBORO
Privacy Commissioner
Back to Basics: Personal Information vs Sensitive Personal Information
Personal Information
refers to any information whether recorded in a material form or not from which the identity of an individual is apparent or can be reasonably and directly, or
when put together with other information would directly and certainly identify an individual
Sensitive Personal Information
race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations.
health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person
social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns
specifically established by an executive order or an act of Congress to be kept classified
Criteria for Lawful Processing of Personal Information
Allowed when at least one of the following conditions exists:
(a) consent
(b) necessary to protect vitally important interests of the data subject;
(c) necessary in order to respond to national emergency, public order and safety; or
(d) legitimate interests of the controller.
Criteria for Lawful Processing of Sensitive Personal Information
Processing is prohibited, except in the following cases:
(a) consent
(b) necessary to protect the life and health of the data subject or another person, and the data subject is not legally or physically able to express his or her consent;
(c) necessary for purposes of medical treatment; or
(d) necessary for the protection of lawful rights and interests
General Data Privacy Principles
Personal information must be:
Collected and processed for specified and legitimate purposes;
Processed fairly and lawfully;
Accurate, relevant;
Adequate and not excessive;
Can we collect the details (name, contact details, and travel history) of all persons who will be entering our building
Yes, the building or office administrators may collect such personal data but only as may be necessary with what is required by the DOH.
Is a consent form necessary?
No.
The basis for data collection and processing is not consent but the protection of lawful rights and interests
It is advisable, though, to provide a privacy notice informing the visitors of the purpose and basis of the collection of such personal data.
Can an employer ask its employees to submit declaration forms that provide personal data (i.e. travel history, contacts, symptoms)?
Yes, employers may collect such personal data.
Can the employer disclose the personal data collected from employees to third parties?
ONLY to the DOH and other appropriate government agencies
and following all existing protocols on the matter.
Does an employer need to ask for the consent of an employee who is a PUI for COVID-19 when disclosing the PUI’s data to his contacts?
Contact tracing should be done only upon the authority, guidance, and instruction of the DOH.
If a PUI has been proven positive of the COVID-19, can I freely disclose the identity to everyone within the company? The purpose is to inform those who may have had contact with the person so they can be tested and monitored as well
disclosure of the identity of the patient shall be limited to the DOH personnel only, following the PUM/PUI protocol.
The company may make the necessary notices internally without disclosing the identity of the person who is COVID-19 positive.
The proper authority that does contact tracing is the DOH.
Can our company issue a press release or statement relating to our employee, who is a confirmed case for COVID-19?
Announcements should come from the DOH or other appropriate government agencies.
The government should only make the official announcement regarding COVID-19 cases in the country.
Anyone with relevant information should immediately relay it to the DOH for proper handling.
Can the DOH publicly disclose more detailed information of the frequented locations of the persons positive for COVID-19 to inform the public better and help prevent the transmission of the virus?
Yes.
The DOH can provide information about the frequented locations of the persons positive for COVID-19 without giving details that would identify individuals.
Security of Personal Information Work from Home Arrangement
Implement reasonable and appropriate:
Organizational Measures – company to regularly monitor staff accessibility
Technical Measures – password protect devices, log out after every use, ensure proper email send out intended for the protection of personal information against any accidental or unlawful destruction, alteration and disclosure, as well as against any other unlawful processing
Important Point to Remember
Use BCC for email blasts and bulletins to clients:
Businesses that are allowed to operate during the COVID-19 lockdown
Food, health and medicine, water, energy, telcos, banking and capital markets, logistics, export and BPO are among the businesses allowed to operate during the Luzon COVID-19 lockdown. To ensure the unhampered movement of cargo and personnel, the Department of Trade and Industry has issued Memorandum Circular No. 20-08.
In order to ease the burden of the businesses due to the COVID-19 outbreak, the SEC has resolved to allow certain measures:
If the election of directors, trustees and officers was held, the General Information Sheet (GIS) shall still be submitted within 30 days from the actual meeting, but submission may be done through mail (ordinary or registered), private courier or email.
If the election was not otherwise held on the scheduled date, due to COVID-19 outbreak and lack of remote communication facilities, or due to other causes, the corporation shall notify the SEC within 30 days from the scheduled date through mail, courier or email with a statement as to the resetting of the election, which shall not be later than 60 days from the original date.
In a recent memo, the Philippine Stock Exchange is urging the publicly listed companies to hold their Annual Stockholders’ Meetings (ASM) scheduled over the coming weeks through remote communication as a precautionary measure against COVID-19. According to the local bourse, stockholders may participate in the ASM and vote through remote communication, instead of a face-to-face meeting.
Remote participation in stockholders’ meetings is now allowed under the Revised Corporation Code. It is up to the companies to establish the procedures for this. In the case of publicly listed companies, the option of remote stockholders’ participation is available, regardless of whether or not it is provided in the by-laws. But the new law also provides that the SEC shall issue the rules and regulations governing participation and voting through remote communication or in absentia, taking into account the company’s scale, number of shareholders or members, structure, and other factors consistent with the protection and promotion of shareholders’ or members’ meetings.
In response to the PSE memo, the SEC stated that it will issue a memorandum circular to provide guidelines on the attendance and participation of directors, trustees, stockholders, members and other officers of corporations in regular and special meetings through remote communication.
New fisheries management strategy shall be implemented for this month’s sardine fishing season. According to the Bureau of Fisheries and Aquatics Resources (BFAR) Zamboanga Peninsula Office, it starts with an information caravan on the Ecosystem Approach to Fisheries Management or (EAFM).
Under EAFM, 12 Fisheries Management Areas (FMAs) were established through BFAR Administrative Order 263 for a more coordinated policy development and implementation. The AO aims to conserve and manage the fisheries in Philippine waters. It seeks to provide a science-based, participatory and transparent governance framework and mechanism consistent with the principles of EAFM.
Due to the rise of the COVID-19 cases, President Rodrigo Duterte has recently declared a state of public health emergency in the country. Meanwhile, the private sector is seeking various ways to contain the situation for the safety of their employees. Travel and face-to-face meetings have been reduced or avoided. Use of thermal guns and face masks has been encouraged, if not required. Some businesses have resorted to work-from-home arrangements with their employees.
According to Republic Act No. 11165, an employer in the private sector may offer a work-from-home arrangement to its employees on a voluntary basis. It is called telecommuting under the law as it involves the use of telecommunications and other computer technologies, which enable the employees to work at the safety of their homes or any alternative workplace. To ensure proper compliance with the law, the employer is required to notify the Department of Labor and Employment of its adoption of the telecommuting arrangement.
This is the message being conveyed by the government with the enactment of Republic Act No. 11032 or the Ease of Doing Business and Efficient Government Service Delivery Act of 2018.
The new law is an amendment to RA 9485 or the Anti-Red Tape Law of 2007.
It covers all Philippine government offices and agencies including local government units. The objective is to improve the efficiency of government service to the public by reducing red tape. For requests covering simple transactions, the processing time should be as fast as three days. This will surely build a more conducive business environment. You may check:
But, of course, it should be noted that some delays in government processing may be attributable to lack of documentary requirements on the part of the applicants. So, due diligence remains key in every transaction.
