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Developing the local bond market


Last Tuesday at the Makati Shangri-La Hotel, the law firm of Latham & Watkins sponsored a conference on the Philippine bond market. The theme of the conference was “Gaining the Edge: How Leading Philippine Companies Are Using Bonds to Their Advantage.”

Posted: March 27th, 2014 in Columnists,Inquirer Columns | Read More »

Insider trading: ‘Not generally available to the public’


Our Securities Regulation Code (SRC) penalizes insider trading by providing that “[i]t shall be unlawful for an insider to sell or buy a security of the issuer, while in possession of material information with respect to the issuer or the security that is not generally available to the public” (Sec. 27.1).

Posted: February 27th, 2014 in Columnists,Inquirer Columns | Read More »

Hypnotically refreshed testimony


One of the finer points in the law on evidence is whether a defendant in a criminal case can present hypnotically refreshed testimony as part of his defense.

Posted: February 13th, 2014 in Columnists,Inquirer Columns | Read More »

Suspension of senators involved in PDAF scam


On Sept. 13, 2013, the National Bureau of Investigation (NBI) stirred the proverbial hornet’s nest when it filed plunder charges against Senators Juan Ponce Enrile, Jinggoy Estrada and Ramon Revilla Jr. with the Office of the Ombudsman in connection with the alleged misuse of the Priority Development Assistance Fund (PDAF) by Janet Napoles.

Posted: October 18th, 2013 in Columnists,Inquirer Columns | Read More »

Of 2 lawyer wannabes and pork


I asked my sons Edward and Julo, who are taking up law at Ateneo Law School, to check whether there is a Supreme Court case on the constitutionality of the pork barrel fund. They gave me the case titled Philippine Constitution Association (Philconsa) vs. Enriquez, G.R. No. 113105 (1994), wherein Article XLI of the General Appropriations Act of 1994 (GAA) under Republic Act No. 7663 was sought to be declared as unconstitutional.

Posted: September 11th, 2013 in Columnists,Inquirer Columns | Read More »

PH ratings on shareholder protection


Exactly a week ago, I spoke before the 10th Annual Corporate Governance Workshop jointly sponsored by Management Association of the Philippines (MAP) and Financial Executives Institute of the Philippines (FINEX).

Posted: August 1st, 2013 in Columnists,Inquirer Columns | Read More »

Grandfather rule: A test for public utilities?


Not known to many, the Supreme Court rendered a sequel to Gamboa vs Teves, a 2011 decision affirmed in 2012, that defined the term “capital” for purposes of determining whether a public utility complies with the foreign ownership limit under the Constitution.   This is the case of “In the Matter of the Corporate Rehabilitation [...]

Posted: May 22nd, 2013 in Columnists | Read More »

The new insolvency law and our global competitiveness


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.

Posted: February 28th, 2013 in Columnists,Featured Columns,Headlines,Inquirer Columns | Read More »

SharePHIL takes the cudgels for minority shareholders


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”)?

Posted: January 10th, 2013 in Columnists,Inquirer Columns | Read More »

Will SEC tighten up on foreign investments?


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.

Posted: December 6th, 2012 in Columnists | Read More »

Internet libel in the cybercrime law: an unnecessary evil?


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.

Posted: October 25th, 2012 in Columnists,Inquirer Columns | Read More »

The first 200 days of the GOCC Commission


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.

Posted: August 16th, 2012 in Columnists,Inquirer Columns | Read More »



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