Updates

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.

Check these out:

Official Gazette RA No. 11165

DOLE IRR of RA No. 11165

Updates

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:

https://pia.gov.ph/news/articles/1012201

https://www.bworldonline.com/pasig-city-to-get-anti-red-tape-unit/

https://www.officialgazette.gov.ph/downloads/2018/05may/20180528-RA-11032-RRD.pdf

https://www.philstar.com/opinion/2020/02/21/1994865/arta-ble

ARTA tells government bodies to resolve all pending applications

Anti-red tape trials set for telecoms, pharma, food

Palace to oversee red tape reduction efforts

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.    

Updates

Aiming to provide speedy, quality, and effective legal remedies to resolve IP disputes, the Intellectual Property Office of the Philippines amended the Rules and Regulations on Inter Partes Proceedings effective 15 February 2020. The amendments consist of rules on expediting proceedings for trademark opposition and cancellation cases, such as posting of notices in the IPOPHL website under certain circumstances, and submission of PDF and Word files in a flash drive subject to certain exemptions, among others. One of the most notable amendments is the reassignment or re-raffling of the cases to another Hearing/Adjudication Officer for second mediation in case the first mediation fails, provided it is done in the interest of justice, exigency of the service or efficiency.


Check this out:

https://drive.google.com/file/d/17f45gBLTVLI8jwwwzK26xEaDa_xK2M4G/view

Updates

The worsening docket load in the lower courts has long been a concern. To address this, the Supreme Court will be hiring 50 ‘judges at large’ as stated in an administrative resolution dated December 3, 2019. “Judges at large” have no permanent courts and may be assigned by the Supreme Court as acting or assisting judges in any regional trial court or municipal trial court “as public interest may require” and in order to ease the case backlog of a particular branch.

Check this out:

SC hiring 50 ‘judges at large’ to ease case backlog

Updates

In order for the stockholders or members to prepare and participate more effectively in matters concerning the corporation, the SEC has issued Memorandum Circular No. 3, Series of 2020, requiring companies to send its invitations for its regular stockholders’ or members’ meetings at least 21 days before the event. The 21-day notice will give them a longer period of time to work out their schedules compared to the 2 weeks notice given before. This is in compliance with Republic Act No. 11232, the Revised Corporation Code.

Check these out:

http://www.sec.gov.ph/wp-content/uploads/2020/02/2020MCNo03.pdf

SEC seeks greater minority investor participation

Updates

Under the government’s National Business One-Stop Shop, known as NBOSS, an end-to-end registration for OPCs is now available at the Securities and Exchange Commission (SEC) Office in Pasay City. This consolidates all the government requirements including registrations with the Bureau of Internal Revenue (BIR), the Social Security System (SSS), the Philhealth and the Home Development Mutual Fund (Pag-IBIG). Instead of having to pass through the respective branches of these government offices depending on the corporation’s office address, everything will now be handled under one roof, except only for the Mayor’s permit, which will still be processed at the city or municipal level.

Check this out:

One-stop registration launched for single-person corporations

Updates

Pursuant to Republic Act No. 11036, otherwise known as the Mental Health Act, the Department of Labor and Employment has issued policy guidelines making it mandatory for establishments to formulate a Mental Health Policy and Program to ensure mental health awareness in the workplace and promote a healthy lifestyle and work-life balance. These guidelines apply to establishments in the private sector, including those that deploy OFWs.


You may check the following:

DoLE issues guidelines for workplace mental health

DO 208-20 Guidelines for the Implementation of Mental Health Workplace Policies and Programs for the Private Sector

Updates

The Securities and Exchange Commission (SEC) has issued on 17 February 2020 a draft memorandum circular on the guidelines for converting corporations to a one person corporation (OPC). This draft will be up for comments before its final approval.

This is in line with the introduction of OPCs under Republic Act No. 11232, which took effect in February 2019.

Some of the requirements for converting into OPCs include an affidavit of conversion executed by the single stockholder who has acquired all of the outstanding shares of the corporation and a secretary certificate of no intra-corporate dispute.

The memorandum circular also covers OPCs converting into ordinary stock corporations. One documentary requirement is the notice of conversion detailing the transfer of shares to new stockholders.


You may check:

http://www.sec.gov.ph/wp-content/uploads/2020/02/2020DraftMC_GuidelinesfortheConversionofCorporationsEithertoOnePersonCorporaitonortoOrdinaryStockCorporation.pdf

SEC issues draft rules for firms converting to one shareholder

Updates

Under Bar Matter No. 850, the Philippine members of the Bar are obliged to attend the Mandatory Continuing Legal Education (MCLE) in order to keep them abreast with the law and maintain the ethics of the profession. While MCLE has been conducted in a traditional classroom setting ever since its inception in 2001, online sessions shall now be available as provided under A.M. No. 19-10-16-SC effective 5 February 2020. With this, MCLE is now more accessible, especially to the elderly, to those with disability and to those based abroad.

For further details, you may see the link below:

Rules and Regulations in the Conduct of MCLE Online