With the advent of globalization and the continually increasing integration of economies, domestic legal systems have become more complex. Laws are no longer just intended to promote and maintain order in society. They now serve as catalyst, directly or indirectly, of economic growth.
About three weeks ago, I asked: Who will take up the cudgels for the minority shareholders who stand to suffer from higher taxes and administrative burdens imposed by Revenue Regulation No. 16-2012 (“RR 16-12”)?
The Securities and Exchange Commission is now in the midst of public consultations on a proposed circular that will determine the allowable level of foreign ownership of companies engaged in nationalized activities.
The criticism on the cybercrime law has not waned. Cases have been filed against it. Recently, the Supreme Court issued a 120-day temporary restraining order against its implementation on the basis of allegations of violation of freedom of expression.
As a student of good corporate governance, I have patiently watched the evolution of the GOCC Governance Act of 2011 (R.A. 10149 or GOCC Act) from the time it was filed by Senator Franklin M. Drilon as Senate Bill No. 2640 until it was signed into law by President Aquino on 6 June 2011.
In my column “Looking far and beyond the Corona Impeachment Case” at the inception of the impeachment case against former Chief Justice Renato Corona, I wrote that political thinkers, like Jean Jacques Rousseau, envisioned the Third Branch of government as an essential part of the principle of separation of powers.
No accused can be tried and convicted by a court of law, unless he is first arraigned. This is a basic principle of due process that harks back to the ancient democracy of Greece. This is why there is public clamor to “keep” former President Gloria Arroyo within the Philippines. Arraignment is required by the [...]
I wrote in a previous column that the World Economic Forum (WEF) had just released the 2011-2012 edition of the Global Competitiveness Report.
Since President Aquino mentioned a new antitrust law in his first State of the Nation Address, much work has been done on the antitrust bills filed in Congress. Legislative hearings have been concluded and proponents say that after decades of waiting (since the Eighth Congress, I’m told), we will finally have a unified, up-to-date and [...]
Last June 19, President Aquino signed Executive Order No. 45 designating the Department of Justice as the Competition Authority for the Philippines. The EO creates the Office for Competition (OC) under the Office of the Secretary of Justice and tasks it to exercise vast powers and responsibilities relating to antitrust matters. It was issued pursuant [...]
SERVICE of summons refers to the court process of notifying a person that an action against him has been taken in court. Unless a person voluntarily submits or is deemed to have submitted himself to the court’s jurisdiction, no binding decision can be rendered against him without proper service of summons. Service of summons on [...]
