Recent Posts

E-Payment and Collection in the Philippines: A Primer

E-Payment and Collection in the Philippines: A Primer

In line with the Government’s thrust to provide a more efficient payment and collection service for government transactions, the E-Commerce Act of 2000 encouraged government entities to provide a platform for the acceptance of electronic payments. Thus, the Department of Trade and Industry (DTI) and the Department of Finance (DOF) issued a Joint Department Administrative Order[1] to provide for guidelines on the implementation of an Electronic Payment and Collection System (EPCS) for the payment of fees, charges, assessments and other revenues due to the government. The latest DTI-DOF Order No. 10-01, lays down specific guidelines on the use of access […]

RA 10644: The Go Negosyo Act

RA 10644: The Go Negosyo Act

On 15 July 2014, President Benigno S. Aquino III signed into law Republic Act No. 10644, otherwise known as the Go Negosyo Act. The law was principally authored by the President’s cousin, Senator Paolo Benigno “Bam” Aquino IV. In its Declaration of Policy, we find that the law was enacted to strengthen Micro, Small and Medium sized Enterprises (“MSME”) in order to “facilitate local job creation, production and trade in the country” by establishing Negosyo Centers in every province city and municipality. These centers will act as a one-stop-shop for registration, promotion, coordination and partnerships with MSME’s. They shall provide […]

RA 10641: An Act Allowing the Full Entry of Foreign Banks in the Philippines

RA 10641: An Act Allowing the Full Entry of Foreign Banks in the Philippines

In May 1994, with the aim of “[enhancing]the country’s competitiveness in the international market,” Republic Act No. 7721 (“RA 7721”) otherwise known as “An Act Liberalizing the Entry and Scope of Operations of Foreign Banks in the Philippines and for other Purposes” was signed into law. Composed of fifteen sections, RA 7721 provided for the state policy in relation to the entry of foreign banks in the Philippines, the different modes of entry, the guidelines and requirements for the approval of such entry, and the head office guarantee, among other things. This law that was enacted to “create a more […]

RA 10642: The Lemon Law

RA 10642: The Lemon Law

A Primer A. Introduction Republic Act 10642, or the Lemon Law, endeavors to protect consumers should they purchase new, albeit nonconforming, motor vehicles from manufacturers, distributors, dealers, or retailers (collectively, “Seller”). This Primer seeks to present the rights of such consumers, and the concurrent obligations of the Seller under the Lemon Law. B. The Lemon Law 1. What motor vehicles are covered under the Lemon Law? The Lemon Law covers only brand new motor vehicles: meaning vehicles constructed entirely from new parts, and have never been sold nor operated in any country. The Lemon Law further limits its coverage to […]

RA 10627: The Anti-Bullying Act

RA 10627: The Anti-Bullying Act

A Primer A. Introduction Republic Act 10627, or the Anti-Bullying Act (the “Act”), aims to protect children enrolled in kindergarten, elementary, and secondary schools and learning centers (collectively, “Schools”) from being bullied. It requires Schools to adopt policies to address the existence of bullying in their respective institutions. B. Bullying 1. What is Bullying? Bullying, as defined under the Act, is any severe or repeated use by one or more students of a written, verbal or electronic expression, or a physical act or gesture, or any combination thereof, directed at another student that has the effect of actually causing or […]

Facebook and the Expectation of Privacy

Facebook and the Expectation of Privacy

An Analysis of Vivares v STC In 2012, news came out involving the case of students who were not able to attend their high school commencement exercises after the school found out that photos where they were wearing bikinis and drinking alcohol were posted on Facebook. Aggrieved, the parents of the children filed a petition for a writ of habeas data which the Regional Trial Court (RTC) dismissed in July 2012. Two years hence, the Supreme Court (Court) affirmed the decision of the RTC and found that there is no violation of the privacy rights of the minors. The facts, […]

Mobile Phone Data and the Right against Warrantless  Searches and Seizures

Mobile Phone Data and the Right against Warrantless Searches and Seizures

An analysis of People v Enojas Are mobile phone data—phonebook contacts, messages, photographs, accounts, emails, etc., —subject to searches and seizure? This legal issue was touched upon in a recent case, People vs. Noel Enojas (G.R. No. 204894), which was decided by the Supreme Court on 10 March 2014. The case involves murder charges against four individuals prosecuted for the shooting of a police officer along Alabang-Zapote Road in Las Pinas City sometime in September 2006. After the shooting incident, the lawful authorities obtained a mobile phone owned by one of the suspects. The police then used the phone to […]

Informational Privacy in the Age of Facebook

Informational Privacy in the Age of Facebook

On September 29, 2014, the Supreme Court in Vivares v St. Theresa’s College rendered a decision laying down the rules on the extent to which social media users can have a reasonable expectation of privacy when using social networking sites. The case involved two minors who were graduating high school students of St. Theresa’s College (STC), who in 2012 took photos of themselves wearing only their underwear as they were changing into their swimsuits for a beach party. Other photos taken showed the girls smoking cigarettes and drinking hard liquor while another shows the girls wearing clothes that completely revealed […]

BUILDING LINKS FOR AN IT EMPOWERED CITIZENRY

BUILDING LINKS FOR AN IT EMPOWERED CITIZENRY

Welcome, Reader! We are Disini & Disini Law Office (D&D), one of the leading law-firms in the Information Technology (IT) and Electronic-commerce (E-commerce) practice in the Philippines. D&D was founded in 2000 and offers a full-range of legal support services to a wide range of clients—from start-ups to established companies. In 2014, we re-launched our website with a new look to make news and information about our firm more accessible to our clients and other casual online visitors. As a firm, we have a vision that we, as a people, can harness information available through the internet to bridge the gaps where there may be […]

Philippines Passes Free Mobile Disaster Alerts Act

Philippines Passes Free Mobile Disaster Alerts Act

Update Last June 20, 2014, President Aquino signed into law Republic Act No. 10639 otherwise known as the Free Mobile Disaster Alerts Act. Behind the enactment of this law is the State policy of protecting its citizenry in the event of natural or man-made disasters and calamities. The main thrust of the law is to require mobile phone service provider or telecommunication companies to send out alerts in the event of an impending tropical storm, typhoon, tsunami or other calamity. The said alerts shall be sent directly to mobile phone subscribers who are located near and within the affected areas […]