Supreme Court rules that Section 9-B of Republic Act No. 11199 (Social Security System Act of 2018) on the solidary liability of manning agencies for SSS contributions is constitutional [Joint Ship Manning Group, Inc. v. Social Security System, G.R. No. 247471 (07 July 2020)]
The Supreme Court recently held that Section 9-B of Republic Act No. 11199 or the Social Security System Act of 2018 (“R.A. No. 11199”) on the treatment of manning agencies as employers and their solidary liability with respect to Social Security System (“SSS”) contributions of sea-based Overseas Filipino Workers (“OFWs”) is constitutional and does not
Read MoreSupreme Court dismisses ABS-CBN’s petition to annul the Cease and Desist Order issued by the NTC for being moot [ABS-CBN Corporation v. National Telecommunications Corporation (sic), G.R. No. 252119 (25 August 2020)]
In ABS-CBN Corporation v. National Telecommunications Corporation [sic], G.R. No. 252119 (25 August 2020), the Supreme Court dismissed the petition filed by ABS-CBN Corporation (“ABS-CBN”) seeking to annul the Cease and Desist Order (“CDO”) issued by the National Telecommunications Commission (“NTC”), which ordered ABS-CBN to cease and desist from operating its radio and television stations,
Read MoreAmerican Intellectual Property Law Association (AIPLA) and Cruz Marcelo & Tenefrancia (CMT) Host Global Networking Event
The American Intellectual Property Law Association (AIPLA) and Cruz Marcelo & Tenefrancia (CMT) hosted a global networking event on 30 September 2020 attended by in-house counsels, intellectual property practitioners, members of the Filipino Society of Composers, Authors and Publishers (FILSCAP), artists, museum directors, and representatives of art galleries. Mr. Emerson G. Cuyo, the Director
Read MoreCruz Marcelo & Tenefrancia’s Managing Partner Joe Nathan P. Tenefrancia discusses the firm’s direction and practice area growth in an interview with The Legal 500
In an interview with The Legal 500, Cruz Marcelo & Tenefrancia’s Managing Partner Joe Nathan P. Tenefrancia, talks about the firm’s strengths and strategies, as well the growth of its practice areas in the next 12 months. Here are highlights of the interview: What do you see as the main points that differentiate Cruz Marcelo
Read MoreSupreme Court rules that a mayor is not authorized to conduct a warrantless inspection of mining sites [Pilapil v. Cu, G.R. No. 228608 (27 August 2020)]
In the recent case of Pilapil v. Cu, G.R. No. 228608 (27 August 2020) (“Pilapil”), the Supreme Court ruled that a mayor did not have the statutory authority to conduct a warrantless inspection of mining sites. Hence, any evidence collected during such inspection is illegally obtained and barred by the exclusionary rule. Pilapil stemmed from
Read MoreSupreme Court affirms non-self-executing nature of the constitutional policy of economic independence [National Federation of Hog Farmers, Inc., v. Board of Investments, G.R. No. 205835 (23 June 2020)]
In its recent decision in National Federation of Hog Farmers, Inc., v. Board of Investments, et al., G.R. No. 205835 (23 June 2020) (“National Federation of Hog Farmers, Inc.”), the Supreme Court affirmed its 1997 ruling in Tañada v. Angara, G.R. No. 118295 (02 May 1997) (“Tañada”) that Article II, Section 19 of the 1987
Read MoreSupreme Court releases rules on the refund of amounts disallowed by the Commission on Audit [Madera v. Commission on Audit, G.R. No. 244128 (08 September 2020)]
In the recent landmark ruling in Mario M. Madera v. Commission on Audit, G.R. No. 244128 (08 September 2020) (“Madera”), the Supreme Court laid down a new set of rules regarding the refund of amounts disallowed by the Commission on Audit (“COA”). Madera concerned the disallowance on post-audit of benefits and allowances which were granted
Read MoreSEC Issues Guidelines for the Conversion of Corporations Either to a One Person Corporation or to an Ordinary Stock Corporation
The Securities and Exchange Commission (“SEC”) issued on 25 August 2020 SEC Memorandum Circular No. 27, Series of 2020 (“SEC MC 27”), which provides for the guidelines on the conversion from an Ordinary Stock Corporation (“OSC”) to a One Person Corporation (“OPC”), and the conversion from an OPC to an OSC, pursuant to Title XIII,
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