Articles – Gorriceta

Weaponizing Procedure: Arbitrator Conflicts, Enforcement Risk, and the 2024 IBA Solution

Atty. Mary Christine Salome C. Florete Partner for Visayas Gorriceta Africa Cauton & Saavedra 1. Introduction In the landscape of dispute resolution, the quality of arbitrator selection is not merely essential—it is arguably the most monumental factor, surpassing even the brilliance of case theory development. An arbitration award that cannot be successfully enforced is, at…

The Capital Markets Efficiency Promotion Act: Advancing Taxation for Economic Progress

Atty. Joshua P. Francia Recognizing the vital role of the financial sector in sustaining the country’s long-term economic growth, President Ferdinand R. Marcos, Jr. signed into law Republic Act No. 12214, also known as the Capital Markets Efficiency Promotion Act (CMEPA). The CEMPA, which took effect on July 1, 2025, declares as a key policy…

Caught on Cam: Zooming Into the NPC’s Vlogging Guidelines

Atty. Maria Angela T. Mercado In today’s digital age, social media has become an integral part of our daily lives. Our social media feeds now function as digital windows that enable us to showcase our, and peer into others’, curated lives. Among other forms of social media content, vlogging has exploded in popularity. Short for…

You Might as Well-Known: Highlights of IPOPHL’s Rules on the Register of Well-Known Marks

You Might as Well-Known: Highlights of IPOPHL’s Rules on the Register of Well-Known Marks By: Atty. Luis Teodoro B. Pascua Well-known Marks are a subset of trademarks that possess a high degree of reputation, recognition, and consequently, protection. In the Philippines, well-known marks, “whether registered or unregistered, is afforded substantial legal protection by granting the…

Philippines: Powered by AI – The Philippines’ National AI Strategy Roadmap 2.0

By: Atty. Edsel F. Tupaz, & Danica S. Escobiñas Summary The Philippines’ National AI Strategy Roadmap 2.0, launched by the Department of Trade and Industry, aims to position the country as a regional AI powerhouse by fostering innovation and sustainable economic growth. NAISR 2.0 addresses gaps from its predecessor by incorporating advanced technologies like…

Philippines: Protecting rights and establishing legal claims – The NPC Guidelines on Personal Data Processing Based on Section 13(f) of the Data Privacy Act

By: Atty. Edsel F. Tupaz, & Julia Unarce November 25, 2024 Summary The NPC Guidelines on Personal Data Processing clarify Section 13(f) of the Data Privacy Act, allowing Personal Information Controllers to process sensitive personal data for protecting lawful rights and interests in court proceedings or establishing legal claims. The guidelines emphasize the necessity…

Philippines: NEDA’s Policy Note on AI in light of current AI rules and policies

By: Atty. Edsel F. Tupaz, Atty. Gabriel G. Tabeta, & Danica S. Escobiñas March 25, 2025 Summary The Philippine National Economic and Development Authority (NEDA) released a Policy Note on Artificial Intelligence, highlighting the country’s lag in AI governance compared to neighboring Southeast Asian nations and suggesting alignment with advanced jurisdictions like the EU…

Philippines: Privacy enhancing technologies and the Philippine National Privacy Commission – Insurance Commission Joint Advisory

By: Atty. Edsel F. Tupaz & Atty. Gabriel G. Tabeta May 16, 2025 Summary The Philippines National Privacy Commission’s Advisory on Child-Oriented Transparency addresses the vulnerabilities of children in digital environments, emphasizing the importance of transparency in data processing. It mandates age-appropriate privacy notices and Child Privacy Impact Assessments for products or services likely…

Philippines: The NPC’s Advisory on Child-Oriented Transparency

By: Atty. Edsel F. Tupaz, Atty. Liane R. Candelario, & Julia S. Unarce February 20, 2025 Summary The Philippines National Privacy Commission’s Advisory on Child-Oriented Transparency addresses the vulnerabilities of children in digital environments, emphasizing the importance of transparency in data processing. It mandates age-appropriate privacy notices and Child Privacy Impact Assessments for products…

Philippines: NPC releases guidelines on AI systems

By: Atty. Edsel F. Tupaz, Atty. Gabriel G. Tabeta, & Atty. Julia S. Unarce February 5, 2025 Summary The National Privacy Commission’s AI Advisory outlines guidelines for AI systems processing personal data under the Data Privacy Act of 2012, emphasizing transparency, accountability, and fairness obligations. It requires AI developers, providers, and deployers to assess…

Philippines: Updated rules on CCTV systems

By: Atty. Edsel F. Tupaz & Atty. Luis Teodoro B. Pascua Summary NPC Circular No. 2024-02 updates guidelines on CCTV systems, emphasizing transparency, legitimate purpose, proportionality, accountability, and security measures. It requires PICs and PIPs to conduct regular privacy assessments, establish clear policies on footage retention, access requests, and data breach handling. The Circular excludes…

Philippines – Cookies & Similar Technologies

September 2024 1. GOVERNING TEXTS 1.1. Legislation Not applicable. 1.2. Regulatory Authority Guidance The National Privacy Commission (NPC) has not issued any circulars or regulations specifically on the use of cookies or similar technologies. However, the NPC is aiming to release rules governing tracking via cookies this year, in 2024. Though the NPC has not…

Trump’s Tariffs: Will the Pros Outweigh the Cons?

Trump’s Tariffs: Will the Pros Outweigh the Cons? By: Atty. Julia Antoinette S. Unarce In various instances, United States (U.S.) President Donald Trump has declared that “tariff is the most beautiful word in the dictionary.” During his presidential campaign, Trump consistently advocated for the imposition of tariffs as a key component of his global policy…

Going Digital: the New Rules on Electronic Notarization

Going Digital: the New Rules on Electronic Notarization By: Atty. Andre Jose H. Surigao In what appears to be a significant step toward modernization, the Supreme Court of the Philippines approved the long-awaited Rules on Electronic Notarization through the issuance of A.M. No. 24-10-14-SC (“Rules on E-Notarization”). The Rules on E-Notarization, which supplements the 2004…

It’s More (Re)Fun(d) in the Philippines – A VAT Refund Legislation for Foreign Tourists!

It’s More (Re)Fun(d) in the Philippines – A VAT Refund Legislation for Foreign Tourists! By: Atty. Gerard Ceasar S. Baguio What better way to end a vacation than claiming Value-Added Tax (VAT) or Sales Tax refunds as you wait for your flight back home? Many countries recognize the benefit of encouraging tourists to shop locally…

Now Loading…VAT on Digital Services

Now Loading…VAT on Digital Services by: Atty. Karlene Erika Liao On October 2, 2024, President Ferdinand R. Marcos, Jr. signed into law Republic Act No. 12023 or the Value-Added Tax (VAT) on Digital Services Act (the “Act”), which aims to ensure equitable tax treatment of all digital businesses providing services in the Philippines and generate…

Retail Reboot: Unboxing the Internet Transactions Act of 2023

Retail Reboot: Unboxing the Internet Transactions Act of 2023 By: Atty. Ellice Edlyn L. Crescini The COVID-19 pandemic forced everyone to change the way they shop. Some of those changes, like the urge to hoard face masks and alcohol, were short-lived. But other fundamental changes appear to be here to stay. While e-commerce was a…

Watt’s Next: The MMDA’s Ban on E-Bikes and E-Trikes

Watt’s Next: The MMDA’s Ban on E-Bikes and E-Trikes By: Atty. Hans Richmond Ong It is no secret that Filipinos love cars. The impressive vehicle sales performance for the first quarter of 2024 showing a 12.7% increase year on year[1] is clear indication of the auto industry’s recovery from the COVID-19 pandemic-induced slump[2]. In…

Getting to Know You, The AMLA Way

Getting to Know You, The AMLA Way By: Atty. Marisol O. Sison Customer due diligence in the financial industry is akin to getting to know someone before embarking on a long-term relationship. Just as individuals assess compatibility, potential red flags, and shared values, covered persons (e.g. Banko Sentral ng Pilipinas supervised entities, Securities and Exchange…

Dependent No More: The Non-Applicability of the Dependency Test for POEA Death Benefits

Dependent No More: The Non-Applicability of the Dependency Test for POEA Death Benefits By: Atty. Hans Richmond Ong Navigating the law can be as challenging as the seas themselves. For seafarers and their families, their financial security often hinges on the interpretation of key regulations, particularly those governing death benefits under the Philippine Overseas Employment…

Going Green: Sustainable Business Practices for a Sustainable Future

Going Green: Sustainable Business Practices for a Sustainable Future By: Atty. Ma. Katrina Rafaelle M. Ortiz In today’s evolving business environment, the pursuit of profit remains as an important objective for businesses and other economies. However, there are recent shifts in stakeholder priorities which indicates that profit alone is no longer the primary concern. Key…

When Clarifications lead to Confusion

When Clarifications lead to Confusion by: Atty. Danica Anne S. Escobiñas clar·i·fy (klerəˌfī) verb. to make something clear or easier to understand by giving more details or a simpler explanation.[1] Unfortunately, not always. The growth of digitalization in recent years has given rise to a new borderless world economy, one which gives parties the ability…

Playing Nice in the Sandbox: the Securities and Exchange Commission’s New Sandbox Framework

Playing Nice in the Sandbox: the Securities and Exchange Commission’s New Sandbox Framework by: Atty. Gabriel G. Tabeta Sandboxes, whether as places for children to play in or as a space for major industry players and startups to launch new products, have always been venues for creation and innovation. But regardless whether someone is building…

Responsive and Real-Time Justice A Strategic Plan for Judiciary Innovations 2022-2027

Responsive and Real-Time Justice A Strategic Plan for Judiciary Innovations 2022-2027 By: Atty. Clarizze May P. Cajigal Justice delayed is justice denied. Unfortunately, we live in a time where our justice system is seemingly inaccessible to millions of underprivileged Filipinos; and we often question whether justice in the Philippines is only for the influential and…

Can Tax Compliance be less taxing? A glimpse into the Ease of Paying Taxes (EOPT) Act

By: Atty. Chriselle Marie G. Dabao, CPA The Philippines leaped into the 2024 leap year with the enactment of a much-anticipated piece of legislation – Republic Act No. 11976 or the “Ease of Paying Taxes (EOPT) Act”. The EOPT Act, which took effect on January 22, 2024, aims to modernize and streamline tax administration and…

Paving the Pathway for Private-Sector Participation: The PPP Code

By: Atty. Monique G. Bugnosen Recognizing the indispensable role of the private sector in nation building and national growth, the Philippine government passed Republic Act No. 11966, or “An Act Providing for the Public-Private Partnership (PPP) Code of the Philippines” (the “PPP Code”). The PPP Code is a unified legislation for the implementation and development…

Home Is Where the Wifi Is: Work-from-Home and the Telecommuting Act

Home Is Where the Wifi Is: Work-from-Home and the Telecommuting Act by: Atty. Gerard Ceasar S. Baguio, CPA The year 2020 witnessed a significant shift in work dynamics as businesses and employees worldwide embraced work-from-home setups due to the COVID-19 pandemic. What was once considered a luxury or perk became the new norm for professionals….

Understanding Financial Consumer Safeguarding in the Digital Age: Simplifying SEC’s Financial Consumer Protection Act (FCPA) Guidelines

Understanding Financial Consumer Safeguarding in the Digital Age: Simplifying SEC’s Financial Consumer Protection Act (FCPA) Guidelines by: Atty. Peter Paul P. Cagurangan The Philippine financial system has greatly benefited from rapid digitalization, offering consumers easy and convenient access to various financial products and services. However, this growth has been accompanied by a rise in scams…

Paradigm Shift: Institutionalizing Non-Traditional Visual Trademarks in the Philippines

by: Atty. Andre Jose H. Surigao In the Philippines, a trademark is often associated with just words, symbols, logos, design, or a combination of these. Such is the general notion despite the broad definition of “trademark” under Philippine laws, i.e., any visible sign capable of distinguishing the goods of an enterprise. Change, however, may come…

Balancing Act: the Amended Public Service Act

Balancing Act: the Amended Public Service Act By: Atty. Victor Kenner (“Ken”) Galang Republic Act (“RA”) No. 11659, or “An Act Amending Commonwealth Act No. 146, otherwise known as the Public Service Act, as amended”, was signed into law on March 21, 2022. On March 20, 2023, following extensive consultations with other government agencies and…

Data Privacy Law Updates – March 2023

Data Privacy Law Updates NPC launches user-friendly Data Breach Notification Management System, an online system for faster and easier data breach notification management and reportingOn April 20, 2022, the National Privacy Commission (NPC) held its virtual launching of the Data Breach Notification Management System (DBNMS), a user-friendly interface that facilitates easy tracking…

Banking & Finance – Legal Updates

Subject: Rules on Sustainable and Responsible Investment Funds SEC Memorandum Circular No. 11 Date issued: 20 December 2022 The SEC issued the rules on sustainable and responsible investment funds applicable to the following: (a) a newly formed or existing investment company that seeks to qualify, or has qualified, as a Sustainable and Responsible Investment (SRI)…

News and Updates – February 2023

The Asia Business Law Journal recently released its 2022 Philippines Law Firm Awards and awarded Gorriceta Africa Cauton & Saavedra as Best Law Firm in the Technology Media & Telecommunications practice area. Read More: Asia Business Law Journal – Philippines Law Firm Awards 2022 Manila, February 23 | The Legal 500, world’s leading legal directory,…

Labor and Employments Updates February 2023

JURISPRUDENCE G & S Transport Corp. v. Medina G.R. No. 243768, September 5, 2022 On the commensurability of the penalty imposed on an erring employee An employee’s commission of infraction should merit only the corresponding penalty demanded by the circumstance. The penalty must be commensurate with the act, conduct or omission imputed to the…

SEC and PSE Updates February 2023

SEC UPDATES Subject: Guidelines on Arbitration of Intra-Corporate Dispute for Corporations SEC MC. No. 8, S. 2022 Date Issued: 19 December 2022 Link: https://www.sec.gov.ph/mc-2022/mc-no-08-s-of-2022/#gsc.tab=0 The SEC issued this Memorandum Circular providing guidelines to the arbitration of intra-corporate disputes for Philippine corporations. An Arbitration Agreement (“Agreement”) may either be included in the articles of incorporation…

The SIM Registration Act, A Solution, Or A Data Privacy Concern?

By: Atty. Ma. Katrina Rafaelle M. Ortiz Have you ever received a text message bearing your complete name, claiming that you won a raffle or asking if you want to avail of a quick loan? How about receiving a call from an unknown number, only to find no one at the end of the line?…

Reminder: Data Breach Notification Management System Deadlines Approaching

Dear Valued Client, We wish to inform you that on 14 October 2022, the National Privacy Commission (‘NPC’) issued an announcement regarding the submission of personal data breach notifications (‘PDBN’) and annual security incident reports (‘ASIR’). In essence, the NPC highlighted that all PBDNs and ASIRs shall be submitted through the Data Breach Notification Management…

Civil and Criminal Law Updates | January 2023

People of the Philippines vs. Erick Montierro y Ventocilla/Cypher Baldadera y Pelagio Vs. People of the Philippines/Re: Letter of the Philippine Judges Association expressing its concern over the ramifications of the decisions in G.R. No. 247575 and G.R. No. 250295/Re: Letter of Associate Justice Diosdado M. Peralta on the suggested plea bargaining framework submitted by…

Gorriceta Africa Cauton & Saavedra wins big at the ALB Philippine Law Awards

Gorriceta Africa Cauton & Saavedra bagged three (3) awards during the recent 7th Annual Asian Legal Business Philippine Law Awards 2022 held last November 25, 2022 at The Peninsula Manila. The award event was hosted by Asian Legal Business, which is owned by one of the world’s leading sources of information for business and professionals…

Data Privacy Updates | October 2022

NPC’s Statement on the SIM Card Registration Bill Date: October 10, 2022The National Privacy Commission (NPC) supports the intention of the SIM Card Registration Bill to prevent the proliferation of various and evolving electronic communication aided criminal activities. The NPC is fully aware that implementing a SIM card registration system will entail a massive collection…

Labor and Employment Updates | June to August 2022

REPUBLIC ACT (“RA”) RA No. 11927: Philippine Digital Workforce Competitiveness Act This law seeks to develop and ensure the competitiveness of the Philippine workforce in human and digital technology and innovations by ensuring that all Filipino workers have access to and are provided with digital skills and competencies that are at par with global standards….