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Delivery drivers urge Mayor Baste for business permit exemption
Title: Delivery Drivers Seek Exemption from Business Permit Requirement A group of delivery drivers in Davao is urging Mayor Sebastian Duterte to exempt them from the mandatory business permits. The drivers, including those from various delivery apps such as Grab and FoodPanda, are concerned about the financial burden imposed by the business permits, which range from P2,000 to P6,000. They argue that this requirement is unique to Davao City among all cities and provinces in the Philippines. Grab rider Rolando Atico emphasized the need for solidarity among all delivery drivers, regardless of the app they work for. He urged fellow drivers to support each other, as the financial impact may extend beyond just Grab and FoodPanda. Atico also requested Mayor Duterte to reconsider the requirement and reinstate the previous occupational permit, which only cost P125. The group is facing a 30-day deadline to obtain the business permits, and they are citing financial constraints as a reason for their request for an extension. Failure to comply could result in their removal from the delivery platforms, jeopardizing their livelihoods. Additionally, they are advocating for changes to Davao City's Revenue Code, proposing a model similar to Cebu City, where only an occupational permit is required. The drivers are also calling for an inquiry into the lack of transparency and unilateral actions of food delivery companies, particularly concerning rider capitalization and financial concerns. They believe that a thorough investigation will help ensure fairness and equity in their financial obligations and working relationship with the delivery companies. Maribel Paguican, the Business Bureau officer-in-charge, stated that non-certified delivery riders categorized as service contractors must obtain a business permit. She mentioned two permits for occupational and business activities, with a discounted structure for delivery riders. However, concerns have been raised about increased taxes, potentially ranging from P3,000 to P6,000, along with an additional tax on top of the declared income of P1,400. The delivery drivers' plea for exemption from the business permit requirement reflects their concerns about the financial impact and the potential threat to their livelihoods. Their call for solidarity and support from fellow drivers highlights the urgency of the situation. This story sheds light on the challenges faced by delivery drivers in Davao and the implications of the business permit requirement on their financial well-being. It also underscores their efforts to seek fairness and equity in their working relationship with the authorities and delivery companies......»»
Steps gaining exporter status under RCEP outlined
Exporters wishing to avail themselves of preferential tariffs under the Regional Comprehensive Economic Partnership can apply with the Bureau of Customs to become an approved exporter, according to a customs official. Gina German, head of the Preferential Rate Unit of the BoC Port of Manila, is encouraging Filipino exporters to start leveraging the RCEP’s benefits, foremost of which is being allowed to source materials and products from the 14 other member parties of the mega free trade agreement at lower duty rates. Study and comply German also urged companies to study and comply with the RCEP’s rules of origin (ROO), a requirement to get preferential tariff treatment under the world’s biggest trade deal. Essentially, the ROO can be regarded as a passport for products, a way to determine the country of origin of a product and establish its eligibility for preferential tariff treatment. It can help businesses reduce costs and boost their competitiveness within the regional market. Under RCEP, originating goods are those falling under three categories: wholly obtained in the RCEP party or member state of the agreement; those produced in a party exclusively from originating materials from one or more of the parties; and those produced in a party using non-originating materials, provided the good satisfies the applicable requirements set out in Annex 3A (Product-Specific Rules). Documentary requirements German said applicants seeking “approved exporter” status under RCEP should submit the following documentary requirements: • Duly accomplished application form • BoC’s Certificate of Registration • Product Evaluation Report or PER, if applicable Meanwhile, traders applying for approved exporter status, should submit a producer’s declaration indicating the originating status of the good for which the trader will be completing a declaration of origin and stating the producer’s readiness to cooperate in verification. “If you are a trader, you need to know who produces the good or you still have a declaration that it is originating in the Philippines so that you will be ready during the retro verification or verification of the importing country,” said German during her talk last month at a Department of Trade and Industry webinar. In addition applicants have to submit a list of the authorized signatories of the DO and their respective specimen signatures. The application form should be submitted in both hard copy and electronic Portable Document Format to the deputy commissioner of the Assessment and Operations Coordinating Group through the Customer Care Center or CCC. The Export Coordination Division or ECD will then evaluate the application based on the following criteria: Exporter is a legitimate exporter who must have been transacting with the BOC for at least one year prior to the date of application Exporter must have been exporting products to at least one RCEP party for at least one year • Exporter must have good compliance measured by risk management of the BOC • Exporter must have a sound bookkeeping and recordkeeping system • Exporter must have responsible officers or persons authorized to sign the DO, who must have sufficient knowledge, competence in ROO application • Exporter must be willing to be subjected to regular monitoring and inspection to determine correctness of its declaration with respect to the goods exported. Written authorization After evaluation the ECD will grant the status of approved exporter to the successful applicants by issuing a written authorization with its corresponding authorization code within 14 working days. From there, the BOC will input the details of the approved exporter in its Approved Exporter Database for circulation among the RCEP parties. RCEP came into effect officially for the Philippines on June 2, 2023 after the Senate finally ratified the agreement in February this year. The Philippines was the last country to ratify RCEP, a free trade pact among the 10 members of the Association of Southeast Asian Nations — Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, Vietnam — and the five ASEAN FTA partners Australia, China, Japan, South Korea, and New Zealand. The post Steps gaining exporter status under RCEP outlined appeared first on Daily Tribune......»»
Retroactive application of Family Code
Married before the effectivity of the Family Code, and fear you cannot nullify your marriage based on the grounds provided therein? Fret not, the Supreme Court has reiterated in a recent case that the Family Code, which took effect on 03 August 1988, shall be given retroactive effect unless vested or acquired rights under relevant laws will be prejudiced or impaired. According to Arthur Candelario v. Marlene Candelario and Office of the Solicitor General (G.R. No. 222068, 25 July 2023), psychological incapacity as a ground to nullify marriage under Article 36 of the Family Code can be applied to the marriage contracted on 11 June 1984 by the parties in this case. Article 256 of the Family Code explicitly provides that the law, including its provision on psychological incapacity, shall have retroactive effect. As such, the ruling of the lower court that the marriage cannot be nullified under Article 36 of the Family Code as the law only became effective after the parties’ marriage was set aside. The Supreme Court also stressed that Republic Act No. 8533 has amended Article 39 of the Family Code, which previously distinguished between marriages solemnized before and after its effectivity. Art. 39 now provides that the action or defense for the declaration of the nullity of marriage shall not prescribe, without distinction, whether the marriage was solemnized before or after the effectivity of the Family Code. A plain reading of the law even shows that nowhere in Art. 36 is it stated that the same may not be applied to marriages celebrated prior to the effectivity of the Family Code. It is basic in statutory construction that where the law is not ambiguous, the Court may not introduce exceptions or conditions where none is provided. Likewise, deliberations of the Family Code Revision Committee show that the same issue was considered, and the retroactive application of Art. 36 was voted upon. Jurisprudence is replete with the same pronouncements, such as Chi Ming Tsoi v. Court of Appeals (1997), Republic v. Molina (1997), Republic v. Enclean (2013), and Republic v. De Gracia (2014). The Court cited the Comment of the Office of the Solicitor General in this case — that any ruling to the contrary discriminates against married couples for no reason other than having the misfortune of getting married before the enactment of the Family Code. All persons can be afflicted with a psychological disorder resulting in incapacity to perform marital obligations. As such, the issue must not focus on when the parties invoking the nullification contracted the marriage, but on whether the requirements of psychological incapacity under the law are present. In this case, while the Court agreed that Art. 36 may be applied, it negated the finding that the husband was psychologically incapacitated to comply with his essential obligations in marriage. Following the same, what is indeed essential in these cases is proving the existence of psychological incapacity, in which gravity, incurability, and juridical antecedence must be established. For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cabdo@divinalaw.com. The post Retroactive application of Family Code appeared first on Daily Tribune......»»
WADA warns of ‘consequences’ over North Korean flag at Asian Games
The World Anti-Doping Agency warned the Olympic Council of Asia of "consequences" on Friday for allowing the North Korean flag to be repeatedly flown at the Asian Games, saying they were treating it "extremely seriously". WADA declared North Korea's national anti-doping body "non-compliant" in 2021 and imposed sanctions that remain today. They include not being able to fly its flag at any regional, continental, or world sports event, excluding the Olympics and Paralympics. Despite this North Korea carried the flag at the Asian Games opening ceremony and it has been routinely hoisted in Hangzhou when their athletes won medals. OCA chief Raja Randhir Singh last week defended allowing the North Korean flag to be flown, saying the governing body of the sport in Asia had written to WADA "explaining their position". In a statement to AFP, WADA said the OCA had breached its obligations as a signatory to its anti-doping code. "WADA takes this matter extremely seriously and has written to the OCA on several occasions before and after the opening ceremony of the Games, explaining in clear terms the possible consequences that could arise for the OCA if this matter is ignored," it said. "WADA is disappointed that the OCA has to date not taken steps to comply with the terms of the DPRK's non-compliance," it added, using an acronym for North Korea. "WADA will follow due process to ensure that the appropriate consequences are imposed for the OCA's refusal to meet its signatory obligations." There are a range of punishments WADA could impose on the Kuwait-based OCA. They include having International Olympic Committee (IOC) funding withdrawn, OCA events losing their status as qualifying events for the Olympic or Paralympic Games, and the imposition of fines. OCA declined to comment when approached by AFP. 'Protecting athletes' The Montreal-based WADA sanctioned North Korea while its already tight borders were shut following the outbreak of COVID-19, which prevented international testing authorities from being able to enter. North Korea recently began slowly reopening and WADA said it had started to allow them back in to collect samples. "However, the broader political status of the country means verification and quality control activities are not straightforward," it added. "WADA will continue to work to strengthen the anti-doping system in DPRK in order to protect all athletes." Despite its years-long isolation from the global sporting arena, North Korea has produced some eye-opening results on its return, notably in weightlifting, where its competitors have smashed six world records. Several rival lifters said they were "shocked" or "surprised" at the results. No North Korean weightlifters will participate in next year's Paris Olympics because they failed to take part in mandatory qualifying events earlier this year. The International Weightlifting Federation said all athletes in the sport had been tested at least once at the Hangzhou Games. While the IWF does not hold jurisdiction over the Asian Games, it does have responsibility for verifying athlete whereabouts submissions under anti-doping rules. That rule required information to be provided for a minimum of three months before any competition. Two North Koreans failed to comply and were barred, the IWF said. The post WADA warns of ‘consequences’ over North Korean flag at Asian Games appeared first on Daily Tribune......»»
Aboitiz Group bags triple Golden Arrow Awards
With a distinguished legacy spanning five generations, the Aboitiz Group remains steadfast in its commitment to fostering positive change in shaping the future as it adheres to the standards and requirements outlined in the ASEAN Corporate Governance Scorecard. This year, following the 2022 compliance period of the ACGS, Aboitiz Equity Ventures, Inc. received a 4-arrow recognition after scoring 111.68 points, AEV’s highest ACGS score since the Institute of Corporate Directors inaugurated the Golden Arrow Awards in 2018. Aboitiz Power Corporation and Union Bank of the Philippines both received a 3-arrow recognition for scoring between 100 and 109 points. AEV and AboitizPower have consistently been recognized as top performers in corporate governance, both here in the country and in the ASEAN region since 2013-2017 at the PSE Bell Awards. “This distinction is the result of the Aboitiz Group’s work to transform a legacy business into a hyper-innovative, diversified conglomerate that puts corporate governance and citizenship at the core of its operations. We have always believed that transparency and accountability are essential in building trust amongst our stakeholders and forging strong partnerships in order to drive change,” said Ginggay Hontiveros-Malvar, Aboitiz Group’s chief reputation and sustainability officer. AEV, the portfolio management company of the Aboitiz Group, leads investments in diverse sectors including power, banking and financial services, food, infrastructure, land and cutting-edge fields such as data science and artificial intelligence. The Group is presently undergoing a profound transformation to establish itself as the Philippines' first "techglomerate." This innovative growth strategy, fueled by technology and a renewed entrepreneurial mindset, empowers Aboitiz to drive transformative change, shaping the future of its businesses, host communities and the nation. The Golden Arrow Recognition serves as a testament to Aboitiz Group's unwavering commitment to upholding the highest standards of corporate governance. Aboitiz has excelled in several key areas such as compliance, sustainability, and innovation – positioning it as a frontrunner in the realm of corporate governance. This honor reflects the Group's ongoing commitment to creating value for its shareholders, stakeholders, and the broader Filipino community. Aboitiz Group’s robust policies and procedures across every level of the organization form the bedrock of its commitment to excellence in corporate governance. Furthermore, the company's board of directors is characterized by its independence and diversity, playing a pivotal role in providing oversight and making strategic decisions aligned with the best interests of shareholders and stakeholders. Aboitiz places great emphasis on transparency, providing clear and comprehensive information regarding its financial performance, operations, and decision-making processes to ensure that shareholders and the public remain well-informed. In terms of regulatory compliance, Aboitiz is dedicated to adhering to all relevant laws, regulations, and standards related to corporate governance. The company continuously updates its policies to ensure alignment with evolving requirements. When it comes to ethical business practices, the Group's commitment to ethical conduct and integrity remains unwavering. The company adheres to a stringent code of conduct that guides the behavior of its employees, fostering an environment of trust and integrity. “This award reaffirms the team’s adherence to the shared responsibility of sustainably managing the organization. This further motivates us to champion the highest corporate governance and ethical standards as we continue to grow the business,” said AboitizPower president and chief executive officer Emmanuel Rubio. “Likewise, we also exert as much effort and diligence in upholding environmental preservation and the societal good within the areas we have the privilege to serve.” “We humbly accept this recognition as a reinforcement of the principles that guide the Bank. Our corporate governance practices reinforce the requirements of a constantly evolving business landscape. We ensure that they comply with new regulations and are ready to adopt best practices,” said UnionBank lead independent director Roberto Manabat. Aboitiz is deeply committed to sustainability and corporate social responsibility initiatives. The company actively pursues environmental and social responsibility, demonstrating its dedication to creating a positive impact on society and the environment. The post Aboitiz Group bags triple Golden Arrow Awards appeared first on Daily Tribune......»»
Road rage driver’s license revoked for 2 years
Land Transportation Office Chief Assistant Secretary Atty. Vigor Mendoza II on Thursday afternoon announced that they have revoked the driver’s license of the former policeman who figured in a viral road rage video with a bicycle rider in Quezon City on 8 Aug. In an order dated 5 Sept, 63-year-old Wilfredo Gonzales was found liable for four traffic violations, one of them Section 27 (Improper Person to Operate Motor Vehicles) of the Republic Act 4136, or the Land Transportation and Traffic Code that resulted in the revocation of his non-professional driver’s license for two (2) years. “Respondent-driver's acts of having no due diligence in driving, which caused the incident that resulted in the destruction of the property of the victim, is considered unacceptable behavior of a driver. Taken as a whole, his actions are tantamount to the acts of an Improper Person to Operate a Motor Vehicle, which is punishable under Section 27 (a) of R.A. No. 4136,” the LTO Resolution signed by LTO-National Capital Region director Roque Verzosa III and approved by Mendoza read. “Respondent GONZALES is hereby declared as an Improper Person to Operate Motor Vehicles Sec.27(a) of R.A. No. 4136. Hence, his Driver's License which is valid until 07/08/2024, is hereby ordered REVOKED and he is DISQUALIFIED from securing a driver's license and driving a motor vehicle for a period of two (2) years from issuance of this Resolution,” it added. In revoking Gonzales’ driver’s license, Mendoza explained that the acts of the former “undeniably show that he abused such privilege and failed to comply with the conduct necessary for the continued possession and enjoyment of the said privilege.” “The grant of a license to drive is a privilege that carries with it important duties and responsibilities, paramount of which is the respect and obedience by its holder to traffic laws and regulations, and to the authorities charged with its enforcement. It is also presumed that the necessary knowledge and skills are possessed by its holder considering the respondent driver has undergone and passed the required competencies,” said Mendoza. “The Land Transportation Office issues a driver's license to a person who possesses not only the skills to drive but also a strong sense of responsibility and commitment to obey traffic laws, rules and regulations. A person with a driver's license is likewise expected to give due consideration to the other motorists and pedestrians and avoid committing acts that endanger lives, properties, and public safety,” he added. Gonzales received the Show Cause Order on 28 August or a day after the video of his confrontation with the bicycle rider, went viral on social media. In the SCO issued by Verzosa, Gonzales was asked to appear in a hearing and explain in a notarized affidavit why he should not be held liable for violations that also include violation of the Joint Administrative Order 2014-01 (Disregarding Traffic Sign), violation of Section 54 of RA 4136 (Obstruction of Traffic), and violation of Section 48 of RA 4136 (Reckless Driving). Gonzales, however, did not show up and was instead represented by his son. He also did not submit a notarized affidavit. This prompted the LTO-NCR to submit the case for Resolution. In violation of Disregarding Traffic Signs, the LTO Resolution stated that Gonzales’ move to encroach into a bicycle lane and block the driver as shown in the video made him liable for a fine of P1,000. For Obstruction of Traffic, Gonzales was fined 1,000 after it was established that his actions resulted in the restriction of movement of vehicles in the area where the incident occurred. For Reckless Driving, he was fined P2,000 as “there is substantial evidence that the respondent-driver is administratively liable for reckless driving” when he suddenly cut across the lane of the incoming cyclist. Mendoza also explained that they did not permanently revoke Gonzales’ license because permanent revocation is the punishment for incidents that cause death. “Magsilbing aral sana ito sa lahat ng ating mga kababayan na walang mabuting naidudulot ang init ng ulo sa daan. Kaya pinapayuhan natin ang lahat ng motorista na kontrolin ang galit dahil ikaw din ang talo dito,” said Mendoza. The post Road rage driver’s license revoked for 2 years appeared first on Daily Tribune......»»
Correct me if I’m wrong: SALN and second chances
SALN which stands for Statements of Assets, Liabilities and Net Worth has become a familiar term in Philippine society. From the campaign of public officials to the confirmation of presidential appointees and impeachment of Justices, SALN has found its way creeping into various political controversies. Under Section 8 of Republic Act 6713, otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees, public officials and employees are mandated to file sworn SALNs. In the recent case of Jessie Carlos v. Department of Finance — Revenue Integrity Protection Service et al. (G.R. 225774, 18 April 2023), the Supreme Court revisited the procedure before any public official or employee can be held accountable for errors or omissions in, or non-submission of, their SALNs. In this case, a public employee was dismissed for dishonesty after failing to disclose real properties, motor vehicles, business interests, and liabilities in his SALN. He pleaded for reversal from the Supreme Court claiming good faith and deprivation of due process since he was never granted the opportunity to rectify his alleged omission or mistakes. Ruling in favor of the public employee, the Supreme Court reiterated the review and compliance procedure under Section 10 of RA 6713 which institutes a mechanism for review and rectification of errors with respect to: (1) failure to submit SALNs on time; and (2) incomplete SALNs, and formally defective SALNs. According to the High Court, the foregoing procedure is mandatory hence any concerned public official or employee cannot be subjected to disciplinary action without having been granted a non-extendible period of 30 days to perform corrective action. Only in case of failure can such an official or employee be held accountable. Accordingly, without compliance with the foregoing procedure, no violation shall arise. Consequently, no liability for failure to file, or for omissions or errors in SALNs will be attached. In fact, it is the head of an office who omitted to comply with the foregoing mechanism who can be held accountable for simple neglect of duty. By so ruling, the Supreme Court expressly abandoned its previous pronouncements maintaining the jurisdiction of the Office of the Ombudsman in prosecuting officials for non-submission or omissions/errors in their SALNs independently of the head of concerned agencies. While it recognized that the duty to conduct the review and compliance procedure is vested to the heads of agencies, the Supreme Court nevertheless points out that the Office of the Ombudsman cannot prosecute the concerned official if the latter was not afforded by the head of concerned office/agency the opportunity to rectify the alleged errors or omissions. It must be stressed that the recent pronouncement of the Supreme Court does not aim to tolerate the concealment of ill-gotten wealth. On the contrary, it puts focus on the real evil — the accumulation of ill-gotten wealth. Strict compliance with the review and compliance procedure allows the government to weed out simple, correctible errors from actually deliberate, sinister attempts to conceal ill-gotten wealth. After all, what the law seeks to curtail is the “acquisition of unexplained wealth.” Where the source of the undisclosed wealth can be properly accounted for, then it is “explained wealth” which the law does not penalize. Taken together, the law and rules establish a robust mechanism for the review of SALNs. The objective behind identifying non-submissions of, or omissions and errors in SALNs is to address them. After all, the intention is for a more complete disclosure. In sum, public officials and employees are likewise entitled to second chances at SALNs. It is only when they still fail to comply after being granted the opportunity to correct, complete, and submit their SALNs that can they be held accountable for any errors or omissions therein, or non-submission thereof. For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cabdo@divinalaw.com. The post Correct me if I’m wrong: SALN and second chances appeared first on Daily Tribune......»»
Employee termination
Dear Atty. Joji, One of our employees has been negligent in performing her tasks and often commits mistakes to the prejudice of the company. She was also unwilling to undertake additional duties that is being assigned to her even though it is stipulated on her employment contract. The management has reached a decision to terminate her employment due to the negative impact of her actions to our business operations. Can we terminate an employee without violating labor laws? Will appreciate your inputs, Atty. Angie Dear Angie, There are two types of employment termination. First is termination by employer and the second is voluntary resignation or termination by employee. Employers can dismiss an employee based on just and authorized causes. Just causes are based on acts attributable to an employee’s own wrongful actions or negligence while authorized causes refer to lawful grounds for termination which do not arise from fault or negligence of the employee. According to Article 282 of the Labor Code, an employer can terminate an employee for just causes, which could be any of the following: 1) serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work; 2) gross and habitual neglect by the employee of his duties; 3) fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representatives; 4) commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and other similar causes. However, in cases wherein there is just cause for termination, employers must still comply with the requirements of substantive and procedural due process. Procedural due process consists of the twin requirements of notice and hearing. The employers must furnish the employees with two written notices or the “Two notice Rule” before the termination of employment can be effected. As held in the case of Pepsi-Cola Bottling Co., Inc. v. NLRC: “The law requires that the employer must furnish the worker sought to be dismissed with two written notices before termination of employee can be legally effected: (1) notice which apprises the employee of the particular acts or omissions for which his dismissal is sought, and (2) the subsequent notice which informs the employee of the employer’s decision to dismiss him (Sec. 13, BP130, Sec. 2-6 Rule XIV, Book V, Rules and Regulations Implementing the Labor Code as amended). Failure to comply with the requirements taints the dismissal with illegality. This procedure is mandatory; in the absence of which, any judgment reached by management is void and inexistent. Hope this helps. Atty. Joji Alonso The post Employee termination appeared first on Daily Tribune......»»
Easier money transfers via PERA HUB mobile app, virtual card
PERA HUB, one of the country’s foremost consumer financial services providers, has launched a more enhanced and inclusive PERA HUB Mobile App with a new PERA HUB Virtual Card feature, which enables users to experience a fast and easy way to do remittances, cash and e-commerce transactions online without using any physical cards or having to go to a branch. With more Filipinos choosing digital-based solutions for their remittances and other cash-related services, PERA HUB aims to provide a broader range of channels and options for Filipinos to do their transactions anytime and anywhere. The PERA HUB Virtual Card serves as the main highlight of the new and improved mobile app. App features include sending or receiving Western Union domestic and international remittances; Interbank transfers to over 50 banks and e-wallets; Bills Payments with over 250 billers to choose from; Free PERA HUB to PERA HUB fund transfer; Cash-in via ECPay at over 15,000 partner locations nationwide; Cash-out at any of the 186 PERA HUB branches nationwide without additional charges; e-load and game credits; and affordable microinsurance. The enhanced PERA HUB Mobile App has a user-friendly interface where users can personalize their home dashboard and feature the services they always use and are interested in, so they can easily make transfers and keep track of their payments any time and receive or send money transfers instantly within minutes. Fast and easy It allows users to perform fast and easy PERA HUB to PERA HUB fund transfers by scanning their recipient’s unique PERA HUB Account QR code, saving contacts, and scheduling transfers for remittance and interbank transfers. The PERA HUB Virtual Card, powered by Visa, may also be used for Lazada, Shopee, Amazon and other local and international online shopping platforms. It is available for new and existing users with FREE registration for all via the app or via any of the 186 PERA HUB branches nationwide. “It has always been our priority to deliver innovative solutions for our customers. With the enhanced mobile app and the new PERA HUB Virtual Card feature, we want to create a digital experience that is inclusive for all so they always have access to convenient remittance and other financial services across different channels,” said PERA HUB president and chief executive officer Ian Ocampo. “There are Virtual Cards available in the market, but a challenger will always find a place, especially when it offers more relevant and customized solutions to address the remittance and other cash-related needs of the community it serves,” said assistant vice president for the PERA HUB Mobile App Mennie So. The post Easier money transfers via PERA HUB mobile app, virtual card appeared first on Daily Tribune......»»
House calls for special poll to fill Teves’ seat
The House of Representatives on Tuesday adopted a resolution requesting the Commission on Elections to hold a special election to fill the vacancy that expelled lawmaker Arnie Teves left in the chamber. Filed by Speaker Martin Romualdez, who has served as the temporary legislative caretaker of the Negros Oriental, and two other House leaders, the lower chamber adopted House Resolution 1212, seeking to fill Teves' seat. The proponents stressed in the resolution that the vacancy "has left the constituency of the Third Legislative District of the Province of Negros Oriental without representation in the House of Representatives of the Congress of the Philippines." Owing to his "disorderly behavior" and violation of the Code of Conduct of the House of Representatives, the House expelled Teves last Wednesday with 265-0-3 votes. According to the House leaders, the prolonged vacancy of Teves' seat invoked Section 9, Article VI of the Constitution, which provides that "In case of vacancy in the Senate or the House of Representatives, a special election may be called to fill such vacancy in the manner prescribed by law." However, under the Constitution, the elected senator or House member "shall serve only for the unexpired term. In accordance with Republic Act 6645, the Comelec, upon receipt of a resolution of the Senate of the House of Representatives, shall hold a special election to fill such vacancy. Comelec chairperson George Garcia had previously said the poll body was geared up to conduct a special election if requested by the House. “If we will be directed… we will comply with haste,” Garcia said. The Comelec is set to receive a copy of the House-resolved resolution. The post House calls for special poll to fill Teves’ seat appeared first on Daily Tribune......»»
Secure amnesty before fines hiked
Corporations and associations who have been delinquent in filing their annual reports should avail of the amnesty program before higher penalties kick in starting in October. “We reiterate our reminder to all corporations that starting a business does not end with registration with the SEC. This is just the first step — they must faithfully comply with reportorial requirements thereafter to ensure their continuity and sustainability,” Securities and Exchange Commission Chairperson Emilio Aquino said over the weekend. Last 15 March, the SEC issued SEC Memorandum Circular 2, Series of 2023, or the grant for non-filing and late filing of the General Information Sheet or GIS and Annual Financial Statements or AFS, and non-compliance with Memorandum Circular 28, Series of 2020 or MC 28. The amnesty, which comes in the form of a waiver or reduction of fees, is part of the Commission’s efforts to encourage its regulated entities to comply with their reportorial requirements under Republic Act 11232 or the Revised Corporation Code. Around 40,000 corporations have since completed their amnesty application with the SEC, allowing them to reclaim their good standing or corporate registration with the SEC. “The SEC Amnesty Program is a chance for corporations and associations to get a fresh start in their compliance with reportorial requirements, so they continue to enjoy the benefits and privileges of being a registered corporation,” Aquino said. Condonation streamlined To make the process simpler, the SEC streamlined the amnesty application process to encourage more corporations to avail of the program. Corporations now need only answer a web-based form available on their Electronic Filing and Submission Tool or eFAST accounts, replacing the submission of the notarized Expression of Interest Form and Amnesty Application Form. Likewise, corporations no longer need to file an undertaking to submit the latest due AFS within 90 days from the amnesty application. The post Secure amnesty before fines hiked appeared first on Daily Tribune......»»
UBS to pay $1.4-B to settle US fraud charges on subprime loans
UBS will pay $1.4 billion to settle US charges that it defrauded investors in the sale of mortgage-backed securities central to the 2008 financial crisis, the Justice Department announced Monday. The agreement resolves the last outstanding case brought by federal prosecutors against major banks in the wake of the financial calamity, an initiative which has garnered $36 billion in settlements from nearly 20 financial institutions, a Department of Justice (DOJ) press release said. In its civil case launched in 2018, the DOJ argued that UBS "knowingly made false and misleading statements" in connection with the sale of 40 residential mortgage-backed securities (RMBS) issued in 2006 and 2007. The DOJ had alleged that contrary to UBS representations, the giant Swiss bank "knew that significant numbers of the loans backing the RMBS did not comply with loan underwriting guidelines that were designed to assess borrowers' ability to repay." Ultimately the 40 RMBS "sustained substantial losses," the DOJ said. "With this resolution, UBS will pay for its conduct related to its underwriting and issuance of residential mortgage-backed securities," said Breon Peace, US Attorney for the Eastern District of New York. "The substantial civil penalty, in this case, serves as a warning to other players in the financial markets who seek to unlawfully profit through fraud that we will hold them accountable no matter how long it takes," he added. UBS characterized the case as a "legacy matter," adding in a statement that the funds have been provisioned for in earlier periods. The post UBS to pay $1.4-B to settle US fraud charges on subprime loans appeared first on Daily Tribune......»»
SALN corrections allowed by SC
The Supreme Court has issued a new ruling on the submission of Statements of Assets, Liabilities and Net Worth, or SALNs, that allows public officials and employees to correct errors, omissions, and non-submissions in their SALNs. In a 14-page decision dated 18 April but only made public recently, the SC overturned a lower court’s judgment that had dismissed a tax specialist from the Department of Finance, Jessie Javier Carlos, for dishonesty. Carlos was accused of concealing real estate, motor vehicles, business interests, and loans worth millions of pesos in his SALNs. The SC found that the DoF failed to comply with Section 10 of Republic Act 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees, which requires a review and compliance committee to check if SALNs are submitted on time, are complete, and are in proper form. Under the SC ruling, if SALNs are not filed on time, are incomplete, or are not in proper form, the head of an office has five days to inform the public official or employee to correct the deficiency within 30 days. If the public official or employee fails to comply, then they can be disciplined. “Unless the review and compliance procedures are followed, the violation does not arise. Consequently, if there is no violation, there is no liability,” the SC said. The SC ruling is a significant change from previous rulings that public officials and employees can be disciplined for errors, omissions, and non-submissions of SALNs, even if they were not allowed to correct them. The post SALN corrections allowed by SC appeared first on Daily Tribune......»»
SC absolves Resorts World gunman
The lone gunman in the Resort’s World tragedy in 2017 that resulted in the death of more than 30 individuals and injured 54 others got a favorable decision from the Supreme Court as the guilty verdict for dishonesty in his Statement of Assets, Liabilities and Net Worth was reversed. The reversal came six years after the death of Jessie Javier Carlos, the gunman, who was given a guilty verdict for dishonesty when he was still a government employee. The SC en banc, in a 16-page decision, promulgated on 18 April, reversed and set aside the October 2015 decision of the Court of Appeals after it found that the government failed to comply with procedures under Republic Act 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees. It also set aside the penalty of dismissal from service, with accessory penalties of cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification for reemployment imposed against Carlos. “In making the clarifications in this present case, this Court is not, in any way, tolerating the concealment of ill-gotten wealth,” the SC said. “Strict compliance with Section 10 of Republic Act 6713 precisely allows the government to weed out simple, correctible errors from actually deliberate, sinister attempts to conceal ill-gotten wealth,” it later added. The deceased Carlos was a former tax specialist at the Department of Finance — One-Stop Shop Tax Credit and Duty Drawback Center on a contractual basis. The Office of the Ombudsman found him guilty of grave misconduct and gross neglect of duty in 2012 for failing to disclose several assets. In 2015, the CA granted in part his petition and found him guilty of dishonesty. Carlos, however, argued that he was not given the opportunity to correct his alleged omissions or mistakes. For its part, the SC said Carlos cannot be held liable for omissions or errors in his SALNs because the government failed to comply with the review and compliance procedure under RA 6713 and he was not given the opportunity to correct his SALN. “The foregoing review and compliance mechanism is mandatory. Without compliance with it, liability for failure to file, or for omissions or errors in SALNs will not attach,” the SC said. It added the reporting individual cannot be subjected to disciplinary action without being informed of their errors or omissions, and also being afforded an opportunity to comply. After his 2017 attack at the Resorts World Manila that led to the deaths of scores of individuals and injuries to others in a shooting rampage, Carlos took his own life. His family asked for forgiveness from the victims. The post SC absolves Resorts World gunman appeared first on Daily Tribune......»»
Electronic documents: A valid evidence to substantiate business expenses?
Incurring expenses is a normal part of business operations. For income tax purposes, expenses may be claimed as a deduction provided that such expenses are allowable deductions under the Tax Code and they comply with the requirements of deductibility......»»
SC orders PAO chief to show cause
The Supreme Court has ordered the Public Attorney’s Office to show cause in connection with its order directing all officials to follow the order of the SC. The SC, in a statement, asked PAO chief Persida Acosta to explain why she should not be disciplined as a Member of the Bar for Issuing PAO Office Order No. 096, Series of 2023. Acosta had earlier issued PAO Office Order No. 096, Series of 2023 (Office Order), in response to a Resolution, dated 11 July 2023, of the Court, directing the PAO to strictly comply with Canon III, Section 22 of the Code of Professional Responsibility and Accountability. The said Office Order gave the PAO the “discretion and disposition” to comply with Canon III, Section 22 of the CPRA and advised the Public Attorneys Office to reconcile the said provision with Article 209 of the Revised Penal Code, which penalizes betrayal of trust and revelation of secrets by lawyers, to avoid any criminal responsibility and imprisonment, an insinuation that compliance with the CPRA will amount to the commission of such offenses. The Office Order, the SC said, urged the PAO to adopt precautionary measures in handling conflict-of-interest cases “to protect their life and limb” and avoid criminal and administrative liability. The Court deemed the instructions in Atty. Acosta’s Office Order as belligerent and disrespectful as she effectively accused the Court of directly exposing the Public Attorneys not only to criminal and administrative liability, but also physical danger. “Thus, although it presented itself as a directive to comply with Canon III, Section 22 of the CPRA, the Office Order further instigated disobedience to the said rule,” the SC said. The post SC orders PAO chief to show cause appeared first on Daily Tribune......»»
2nd State of the Nation Address
Anti-inflation measures Crafting of Medium-Term Fiscal Framework supported by Congress Implementation of strategies to capacitate economic sectors Results (1) 7.6 percent growth in 2022 — highest rate in 46 years. (2) January to March 2023 — 6.4 growth percent (within 6 to 7 percent target) (3) Philippines considered to be among fastest-growing economies in the Asian region and in the world (4) Strong and stable financial system (5) Banks have strong capital and liquidity positions. (6) Digital economy contributed P2 trillion in 2022, the equivalent of 9.4 percent of our GDP. (7) World Bank projects a 6 percent overall growth rate due to strong local demand, consumer spending, strength from the BPO industry, steady flow of remittances, and continuing jobs recovery (8) Inflation rate eased up from 8.7 percent in January to 5.4 percent in June. (9) Bureau of Internal Revenue posted P1.05 trillion collections — an increase of almost 10 percent over the last year (10) Bureau of Customs increased collection by 7.4 percent for the first seven months of 2023, amounting to P476 billion. (11) PAGCOR increased collection by 47.9 percent (12) PCSO increased collection by 20 percent Reduction of prices of commodities like rice, meat, fish, vegetables and sugar Roll out of more than 7,000 KADIWA stores nationwide that link farmers with consumers, benefited 1.8 million families Agriculture Science-based methods toward food security Revision of Fisheries Code Unify 300 farm and fisheries clusters composed of 900 cooperatives Extensive technology training like the use of local bio-fertilizers Distribution of farm machinery, tools and inclement Distribution of more than 5 million rice seedlings and other crops Fuel at fertilizer discount vouchers Geo-Agri map of farm-to-market roads Irrigated 49,000 hectares of farmlands across the country. Constructed 4,000 additional fabrication labs, production at cold storage facilities Built 24 multi-species hatcheries to increase fisheries production Anti-animal pest monitoring, medicines, and vaccines Cloud seeding and buffer stocks in preparation for El Niño 70,000 agrarian land titles distributed Signing of EO No. 4. Or New Agrarian Emancipation Act the condoned P57-billion farmers’ loans Smuggling and hoarding Days of smugglers and hoarders are numbered Water Supply Creation of Water Resources Management Office Working for legislation of Department of Water Resource Management Allocated P14.6 billion for water supply projects Completion of Wawa Bulk Water Supply Project Phase 1 Installed 6,0000 rainwater collection systems across the country Infrastructure 8.3-trillion peso “Build, Better, More” Program in progress 194 flagship projects Continuation of “Build, Build, Build” projects Infrastructure spending stays at 5 to 6 percent of GDP 1,200-kilometer Luzon Spine Expressway Network Program will effectively connect Ilocos to Bicol from 20 hours to just 9 hours of travel Under Mega-Bridge Program, 12 bridges totaling 90 kilometers will be constructed including Bataan-Cavite Interlink Bridge and the Panay-Guimaras-Negros Island Bridges, and Samal Island-Davao City Connector Bridge As of June 2023, 4,000 kilometers of roads and 500 bridges have been constructed, maintained and upgraded Completed Cebu’s Pier 88 smart port, new passenger terminal buildings of Clark Airport and Port of Calapan. North-South Commuter Railway System now in full swing Strategic financing Enactment into law of Maharlika Investment Fund Social security Funds for the social security and public health insurance intact and separate Energy and Power Generation Price of crude oil stabilized Since last year, gasoline and diesel prices have gone down by 18 to 29 percent, respectively. Built 8 new additional power plants, bringing to 17 the total number of power generation facilities Energy production increased by 1,174 megawatts. Almost half a million homes given access to electricity; 100 percent household electrification by June 2028 Renewable energy is the way forward Promotion of renewables targets 35 percent share in the power mix by 2030, and 50 percent by 2040 Opened renewable energy projects to foreign investments Since last year, an additional 126 renewable energy contracts with potential capacity of 31,000 megawatts awarded. To date, more than 1,000 active projects all over the country — 299 are solar, 187 are wind, 436 are hydroelectric, 58 are biomass, 36 are geothermal, and 9 are ocean-powered. Malampaya project is boon, energizing 20 percent of Luzon; renewal of the contract guarantees continued revenues and energy production for another 15 years Push for more gas exploration in other parts of the country Partnered with the BARMM in regard to energy exploration and development The Philippines now has a Unified National Grid with the interconnection of the Luzon, Visayas and Mindanao grids “One Grid, One Market” will enable more efficient transfers and more competitive pricing of electricity Performance review of National Grid Corporation of the Philippines to complete all of its deliverables, starting with the vital Mindanao-Visayas and Cebu-Negros-Panay interconnections. Social welfare Enough funds for underprivileged DSWD, DoLE, DepEd, TESDA and CHEd involved in providing assistance Programs like AICS, TUPAD, TVET for Social Equity, Social Pension for Indigent Senior Citizens, Cash-for-Work for PWDs, and Integrated Livelihood Program-Kabuhayan available for indigents Social protection Pension of the military and the uniformed personnel is as important, urgent, and humanitarian as that of all other civilian Filipino employees Working closely with Congress to ease the transition from the old system to the new one, to guarantee that no effects are felt by those in the uniformed services. The post 2nd State of the Nation Address appeared first on Daily Tribune......»»
PAO Chief vows to follow SC ruling
An office order was issued by Public Attorney's Office chief Persida Rueda Acosta directing all regional office heads and divisions to strictly follow Section. 22, Canon lll of the Code of Professional Responsibility and Accountability (CPRA) of the Supreme Court pertaining to conflict of interest. The office order signed by the officials of the PAO stated, "We will hereby comply to the same (SC ruling). We hereby give discretion and disposition as a lawyer to individual resident public attorneys assigned in specific courts to comply with the said rule in relation to Section 13 and 18 of Canon lll thereof." Acosta also stated in her office order that resident public attorneys are advised to reconcile it with the provisions of Article 209 of the Revised Penal Code approved on 29 August 2017 to avoid criminal responsibility and imprisonment, considering that said penal provision requires the consent of the first client. "PAO lawyers are advised to adopt precautionary measures in handling conflict of interest cases to protect their life and limb as well as to avoid criminal and administrative liability," the order signed by Acosta stated. To recall, the SC has denied the plea of Acosta to delete Section 22, Canon III of the Code of Professional Responsibility and Accountability (CPRA) which allows PAO lawyers to represent opposing parties in court cases. PAO’s request to delete Section 22, Canon III of the CPRA was docketed as an administrative matter and was decided by the Court en banc during its regular session last 11 July 2023. Magistrates, during their deliberations, also decided to compel Acosta to show cause why she should not be cited in indirect contempt for her unabated public tirades against the said provision. The Court noted Acosta’s social media posts and newspaper publications branding the adoption of the CPRA as unconstitutional, and an undue interference and intrusion by the SC into PAO’s operations. The SC said Acosta’s tirades tend to directly or indirectly “impede, obstruct, or degrade the administration of justice” and can be considered “a threat to the independence of the judiciary.” In defending the assailed provision of the CPRA, the SC reminded the PAO chief of its primordial mandate which is to “[extend] free legal assistance to indigent persons in criminal, civil, labor, administrative and other quasi-judicial cases.” “To turn away indigent litigants and bar them from availing of the services of all PAO lawyers nationwide due to alleged conflict of interest would be to contravene PAO’s principal duty and leave hundreds of poor litigants unassisted by legal counsel they cannot otherwise afford,” it added. The SC maintained that CPRA was promulgated in the exercise of its exclusive rule-making power under the Constitution. Likewise, the High Tribunal said the CPRA was adopted as part of its authority to supervise the practice of law and to provide free legal assistance to the underprivileged. The CPRA took effect on 30 May 2023, 15 days after its publication. In her letter to Chief Justice Alexander Gesmundo, Acosta sought the indefinite suspension of the implementation of CPRA pending review by the members of the Court. The post PAO Chief vows to follow SC ruling appeared first on Daily Tribune......»»
Copyright: On derivative, commissioned works
As the boundaries of creative expression expand, the issue of original and derivative works has become complex. Emerging technologies will push industries to strive for fresher ideas to advertise, and with this comes an important duty to preserve the integrity of Intellectual Property (IP)-protected works. In this age of collaborative creation, commissioned works have gained prominence throughout the advertising industry. Artists, writers and musicians are commonly commissioned to create works for clients or as part of collaborative projects. This introduces an intricate scenario where the line between original and derivative copyrighted works can be blurred. Our copyright laws also cover the protection of derivative works. These works are entitled to separate copyright protection from the original works on which they were based. For instance, if a creator produces a film adaptation of a popular novel, the adaptation has a separate copyright from that of the novel. Meanwhile, the copyright protection of a derivative work only covers the new creative additions and alterations made by the creator of the film adaptation. Following the PR predicament faced by the Department of Tourism’s (DoT) newest tourism video campaign, it is worth exploring what the use of stock materials implies in the context of the IP Code’s provisions on derivative and commissioned works. While the DDB Group Philippines has already admitted to using stock videos, the use of licensed images in commissioned works is not illegal, per se. In fact, as pointed out by DoT and DDB, the use of stock materials for a “mood video” is a common industry practice in advertising. Thus, DBB’s promotional video is an example of a derivative work. The general rule of copyright applies: Before creating a derivative work, permission must be obtained from the creator of the original work. The license for stock photos and videos is commonly provided in the terms and conditions of the stock agency. This takes the form of licensing agreements which allows entities to use the copyrighted works available. For commissioned works, the creator should abide by the terms of the agreement. If there is a provision prohibiting the use of other works, then the creator of the commissioned work must comply. Otherwise, DBB’s use of the stock footage was allowable, but the use of such works should have been declared to the DoT, the commissioning client. In the realm of commissioned works, comprehensive contractual agreements play a crucial role. Contracts must define the scope, compensation and copyright ownership — an element of commissioned work that poses a great level of economic risks in case of oversight. The general rule of copyright applies: Before creating a derivative work, permission must be obtained from the creator of the original work. Our copyright laws seek to empower creators to share their vision and encourage the constant flow of artistic innovation. As such, the Intellectual Property Office of the Philippines (IPOPHL) encourages artists and other creators to respect each other’s copyright through proper attribution and not engaging in any form of intellectual dishonesty. As the world embraces commissioned works and collaborative creation, it becomes increasingly necessary to navigate the fine line between original and derivative works. By promoting transparent agreements, mutual consent and recognition of individual contributions, we can strike a balance that respects both copyright and the spirit of collaboration. The post Copyright: On derivative, commissioned works appeared first on Daily Tribune......»»
Worker rights abused amid cost-of-living crisis: unions
Workers in nine out of 10 countries have seen their right to strike violated over the past year as they battle the worst cost-of-living crisis in decades, the International Trade Union Confederation warned Friday. A decade after launching its first annual Global Rights Index, the ITUC said the results for 2023 provided "a sobering confirmation of its founding purpose". Eighty-seven percent of the 149 countries reviewed in the index violated the right to strike between April 2022 and March 2023, the union group said. Seventy-nine percent of countries violated the right to collective bargaining, with companies for instance refusing to comply with collective agreements or rejecting established trade unions, it added. "As workers have felt the full force of a cost-of-living crisis, governments have cracked down on their rights to collectively negotiate wage rises and take strike action against employer and government indifference to the impacts of spiralling inflation upon working people," the union group said in a report. Ecuador and Tunisia were highlighted by the IUTC, joining its list of the 10 worst countries for workers in 2023. Mass protests in Ecuador for democracy and collective rights were brutally repressed, it said. "In Tunisia, President Kais Saied has continued to tighten his hold on power, undermining workers’ civil liberties and democratic institutions," it added. Nineteen trade unionists around the world have been murdered, compared to 17 in the previous comparable period. Luc Triangle, the ITUC's acting general secretary, said this year saw an "urgent need for action" by unions as workers are slammed by rising costs in the aftermath of the pandemic and Russia's invasion of Ukraine. However, the index shows "a steady attack on workers who dare to demand fair pay for their labour", he said, adding this was seen "across economic and geographical regions". "Politicians have continued to hold wages down, have refused to honour negotiations with unions, have restricted strike action and have attempted to quash protests claiming that a wage-price spiral must be avoided," Triangle said in the foreword to the index. Many countries are grappling with cost-of-living crises because wages are not keeping up with inflation prompting central banks to raise interest rates to try to tame the rise in prices. The post Worker rights abused amid cost-of-living crisis: unions appeared first on Daily Tribune......»»