Articles – Gorriceta

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…

Aboitiz Data Innovation and leading PH tech law firm Gorriceta Africa Cauton & Saavedra team up to reshape the legal industry with responsible AI

Singapore, 9 August 2023 – Aboitiz Data Innovation (ADI) and Philippines based top-tier full-service law firm Gorriceta Africa Cauton & Saavedra announced yesterday their strategic partnership at the Law X Tech Summit 2023 held at Shangri-la The Fort. This collaboration aims to revolutionize traditional legal processes by implementing innovative artificial intelligence (AI) technologies, initially focusing…

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….