# Law Firm in Philippines | Corporate, Business, Family, IP, IT, and Litigation

> A law firm providing legal services in corporate, business, family, intellectual property, tax, civil and criminal law, labor law, and litigation.


## Posts

- [Joint Ventures in the Philippines](https://ndvlaw.com/joint-ventures-in-the-philippines/): We can’t do everything by ourselves. Sometimes, we need a little help. Oftentimes, we need a joint venture.
- [Licensing Agreements in the Philippines](https://ndvlaw.com/licensing-agreements-in-the-philippines/): Licensing agreements, including the assignment, licensing or transfer of intellectual property rights, must be recorded with the Philippine Intellectual Property Office (“IPO”) in order to be enforceable.
- [How to Close a Corporation through the Shortening of its Corporate Term in the Philippines](https://ndvlaw.com/how-to-close-a-corporation-through-the-shortening-of-its-corporate-term-in-the-philippines/): Life is tough. So is business. So when the going gets tough, sometimes corporations need to close down.
- [Payment of Night Shift Differential in the Philippines (updated last 10 June 2020)](https://ndvlaw.com/payment-of-night-shift-differential-in-the-philippines-updated-last-10-june-2020/): Do you sometimes wonder why call center agents have salaries higher than some employees? One of the reasons is the night shift differential pay.
- [How to Appeal Trademark Cancellation and Opposition Cases in the Philippines](https://ndvlaw.com/how-to-appeal-trademark-cancellation-and-opposition-cases-in-the-philippines/): If you have lost in a trademark opposition or cancellation case (classified as inter partes proceedings) with the Philippine Intellectual Property Office, do not lose hope.
- [Philippine Holidays for 2017](https://ndvlaw.com/philippine-holidays-for-2017/): The Philippines is one of the countries with the most generous number of public holidays.
- [Creating a Company with a Foreign Principal in the Philippines (Updated as of January 2021)](https://ndvlaw.com/creating-a-company-with-a-foreign-principal-in-the-philippines-updated-as-of-january-2021/): Foreigners can do business in the Philippines. In fact, foreign investment contributes greatly to the Philippine economy.
- [Annoying Someone is a Crime (updated last 10 June 2020)](https://ndvlaw.com/annoying-someone-is-a-crime-updated-last-10-june-2020/): The act of annoying someone is called unjust vexation and considered a form of light coercion punishable under Article 287 of the Revised Penal Code
- [How To Punish an Unfaithful Husband In The Philippines](https://ndvlaw.com/how-to-punish-an-unfaithful-husband-in-the-philippines/): Why do husbands cheat on their wives? We do not know the answer to that. However, we do know that cheating on one’s wife is punishable by law.
- [Children aboard Motorcycles](https://ndvlaw.com/children-aboard-motorcycles/): When plying streets in the Philippines, one can see the surge of motorcycles on the road.
- [Born & Living in the Philippines but Not a Filipino? Here’s an easier way to become a naturalized Filipino Citizen](https://ndvlaw.com/born-living-in-the-philippines-but-not-a-filipino-heres-an-easier-way-to-become-a-naturalized-filipino-citizen/): Were you born in the Philippines and living here all your life but still considered a foreigner?
- [Are you a Consumer? Then Read This: CHANGE IS COMING!](https://ndvlaw.com/are-you-a-consumer-then-read-this-change-is-coming/): Yes, that is right. All consumers must be given the exact change by business establishments. The newly passed Republic Act No.
- [Lifting Foreign Ownership Restrictions in the Philippines](https://ndvlaw.com/lifting-foreign-ownership-restrictions-in-the-philippines/): Not long ago, the Philippines adhered to a protectionist policy, implementing numerous restrictions on foreign ownerships of businesses in the Philippines.
- [Love is made of Plastic: New Credit Card Regulations that You Should Know](https://ndvlaw.com/new-credit-card-law-republic-act-10870/): They come in almost all colors: red, orange, gold (yellow), green, blue, indigo, and black.
- [Employers Beware: Age does not matter, unless you're getting cheese](https://ndvlaw.com/employers-beware-age-does-not-matter-unless-your-getting-cheese/): In the Philippines, it is now illegal to hire employees based on age.
- [Are You a Distracted Driver?](https://ndvlaw.com/revised-regulations-anti-distracted-driving-act/): The crime of “Distracted Driving” is a new legal term.
- [A Simple Guide to Contract of Sale of Real Property](https://ndvlaw.com/a-simple-guide-to-contract-of-sale-of-real-property/): Selling property should not be a complex matter.
- [Punishing Violence Against Women in the Philippines](https://ndvlaw.com/punishing-violence-against-women-in-the-philippines/): Republic Act No.
- [Intellectual Property Protection in the Philippines](https://ndvlaw.com/intellectual-property-protection-in-the-philippines/): The Philippines adheres to the Paris Convention for the Protection of Industrial Property Rights, the Berne Convention for the Protection of Literary and Artistic Works, the Patent Cooperation Treaty, the TRIPS Agreement and the WIPO Copyright Treaty, among others.
- [How to Close a Business in the Philippines](https://ndvlaw.com/how-to-close-a-business-in-the-philippines/): Financial reverses, shift to a different industry, migration to another country, incessant problems are just some of the reasons why some people close their business.
- [Maternity Rights in the Philippines](https://ndvlaw.com/maternity-rights-in-the-philippines/): Motherhood is a gift and the ability of a woman to endure pregnancy is a miracle that has perplexed even the scientific minds.
- [The Philippine Competition Law: Regulating Mergers and Acquisitions, Monopolies and Combinations in Restraint of Trade in the Philippines](https://ndvlaw.com/the-philippine-competition-law-regulating-mergers-and-acquisitions-monopolies-and-combinations-in-restraint-of-trade-in-the-philippines/): Free trade in the Philippines has been a battle cry of businesses in all nations.
- [How to Conduct Due Diligence in the Philippines](https://ndvlaw.com/how-to-conduct-due-diligence-in-the-philippines/): In this diverse society, it is inevitable that at one point in our lives, we will have to conclude or close deals with strangers.
- [Understanding Property Relations Between Husband and Wife in the Philippines](https://ndvlaw.com/understanding-property-relations-between-husband-and-wife-in-the-philippines/): “For richer, for poorer, in sickness or in health, to love and to cherish till death do us part.” This is part of the marriage vow being recited during weddings.
- [Understanding Statutory Leaves of Employees in the Philippines](https://ndvlaw.com/understanding-statutory-leaves-of-employees-in-the-philippines/): As the old saying goes, all work and no play makes Jack a dull boy.
- [Limitations on Foreign Investments and Equity in the Philippines](https://ndvlaw.com/limitations-on-foreign-investments-and-equity-in-the-philippines/): Foreign investments are encouraged by the Philippine government to fuel economic growth.
- [Benefits of Getting a Trademark Agent](https://ndvlaw.com/benefits-of-getting-a-trademark-agent/): If you are interested in filing a trademark application in the Philippines or wish to protect your business brand or trademark, it is quite tempting to undertake the task on your own.
- [Maintaining Your Trademark in the Philippines](https://ndvlaw.com/maintaining-your-trademark-in-the-philippines/): The Philippine Intellectual Property Office (“IPO”) does not require proof of use in commerce in the processing of trademark applications.
- [The Treatment of Medical Malpractice in the Philippines](https://ndvlaw.com/the-treatment-of-medical-malpractice-in-the-philippines/): Proving medical malpractice in the Philippines one of the more difficult civil cases in the Philippines.
- [How to Compel a Corporation to Grant Access to Corporate Records](https://ndvlaw.com/how-to-compel-a-corporation-to-grant-access-to-corporate-records/): Access to corporate records is vital in any corporation.
- [How to Implement a Redundancy Program in the Work Place](https://ndvlaw.com/how-to-implement-a-redundancy-program-in-the-work-place/): Dismissal of workers due to redundancy is a management prerogative governed by the Article 283 of the Labor Code.
- [How to Transfer Shares of Stock in a Corporation](https://ndvlaw.com/how-to-transfer-shares-of-stock-in-a-corporation/): Philippine law treats shares of stock in a corporation as personal property.
- [When is an Employee Entitled to Separation Pay?](https://ndvlaw.com/when-is-an-employee-entitled-to-separation-pay-2/): Separation pay has been defined as the amount that an employee receives at the time of his severance and is designed to provide the employee with the wherewithal during the period he is looking for another employment.
- [How to Do Business Legally in the Philippines](https://ndvlaw.com/how-to-do-business-legally-in-the-philippines/): Contrary to popular belief, it is actually easy to legally do business in the Philippines.
- [How to Get a Special Investor’s Resident Visa (SIRV)](https://ndvlaw.com/how-to-get-a-special-investors-resident-visa-sirv/): The Special Investor’s Resident Visa (SIRV) is a visa issued by the Bureau of Immigration through the Board of Investments (“BOI”) pursuant to the provisions of the Omnibus Investments Code of 1987.
- [Illegal recruitment and its Penalty](https://ndvlaw.com/illegal-recruitment-and-its-penalty/): What is illegal recruitment? Republic Act No.
- [Philippine Representative Office](https://ndvlaw.com/philippine-representative-office/): A Representative or liaison office deals directly, with the clients of the foreign parent company but does NOT derive income from the Philippines and is fully subsidized by its foreign head office.
- [Philippine Branch Office](https://ndvlaw.com/philippine-branch-office/): A Branch office of a foreign company carries out the business activities of the foreign head office and derives income from the Philippines.
- [Philippine Subsidiary](https://ndvlaw.com/philippine-subsidiary/): Should you wish to incorporate a Philippine subsidiary, you need to file an application with the Securities & Exchange Commission.
- [Slander & Oral Defamation](https://ndvlaw.com/slander-oral-defamation/): Being the subject of unfair criticism and gossip are matters which adversely affect persons from all walks of life.
- [Philippine Estate Tax](https://ndvlaw.com/philippine-estate-tax/): IMPORTANT: This article is relevant only to those who died before 01 January 2018 since Republic Act No.
- [How To Get Business Permits in the Philippines](https://ndvlaw.com/how-to-get-business-permits-in-the-philippines-2/): Before commencing your business in the Philippines, you need to secure a Business permit or Mayor’s permit, as it is commonly called, from your local government where your business is located.
- [How to Get a Trademark in the Philippines](https://ndvlaw.com/how-to-get-a-trademark-in-the-philippines/): Trademark applications are filed with the Philippine Intellectual Property Office (IPO).
- [How to Get an Alien Employment Permit in the Philippines](https://ndvlaw.com/how-to-get-an-alien-employment-permit-in-the-philippines/): Before a foreigner commences work in the Philippines, he must first secure an Alien Employment Permit (AEP) from the Department of Labor and Employment (DOLE).
- [How to Apply for Certification as a Barangay Micro Business Enterprise (BMBE)](https://ndvlaw.com/how-to-apply-for-certification-as-a-barangay-micro-business-enterprise-bmbe/): Any person, natural or juridical, cooperative or association, or business entity or enterprise engaged in production, processing, manufacturing of products or commodities, including agro-processing, trading and services may apply for Certificate of Authority as a BMBE provided that they should have at least a total asset value, including those arising from loans but exclusive of the land on which the particular business entity's office, plant and equipment are situated, of not more than Three Million Pesos (P3,000,000.00) .
- [How To Avail of Leave for Victims under the Anti-Violence against Women Law](https://ndvlaw.com/how-to-avail-of-leave-for-victims-under-the-anti-violence-against-women-law/): Women employees who are victims as defined in Republic Act No.
- [How To Terminate An Employee Based on Just Causes](https://ndvlaw.com/how-to-terminate-an-employee-based-on-just-causes/): An employee may only be terminated for just causes or for authorized causes under the Labor Code.
- [How To Place an Employee Under Preventive Suspension Pending Investigation](https://ndvlaw.com/how-to-place-an-employee-under-preventive-suspension-pending-investigation/): Suspension of an employee may either be 1) imposed as an administrative penalty for infractions committed or 2) preventive suspension pending investigation of an employee.
- [How To Avail of Parental Leave for a Solo Parent](https://ndvlaw.com/how-to-avail-of-parental-leave-for-a-solo-parent/): Republic Act No.
- [How To Register a Sole Proprietorship with the DTI](https://ndvlaw.com/how-to-register-a-sole-proprietorship-with-the-dti/): Businesses can be conducted in many ways. It may be through a sole proprietorship, partnership or corporation.
- [How To Get a Special Resident Retiree's Visa (SRRV)](https://ndvlaw.com/how-to-get-a-special-resident-retirees-visa-srrv/): The Special Resident Retiree’s Visa (“SRRV”) is a visa issued by the Bureau of Immigration through the Philippine Retirement Authority (“PRA”).
- [Shrink-Wrap Agreements: Are They Valid Contracts?](https://ndvlaw.com/shrink-wrap-agreements-are-they-valid-contracts/): A person who purchases a cellphone, portable dvd player, a coffee maker, or toy finds warranty cards and other written contract terms inside the box.
- [Are Contractual Employees Entitled to Separation Pay?](https://ndvlaw.com/are-contractual-employees-entitled-to-separation-pay/): A fixed-term employee or contractual employee is a type of employee whose employment is fixed for a certain period of period of time.
- [De-Mystifying the Bouncing Checks Law (B.P. 22)](https://ndvlaw.com/de-mystifying-the-bouncing-checks-law-b-p-22/): A common predicament faced by businessmen is violating the Batas Pambansa Blg. 22 also known as the Bouncing Checks Law.
- [Protecting your Intellectual Property Rights](https://ndvlaw.com/protecting-your-intellectual-property-rights/): The protection of intellectual property rights is a primordial concern, especially in the field of business format franchising.
- [Lawyers’ Fees: Types of Legal Fee Arrangements](https://ndvlaw.com/lawyers-fees-types-of-legal-fee-arrangements/): In “shopping” for a lawyer, the first thing the usually comes to mind is how much a lawyer charges.
- [Bringing in Foreign Investors in Retail Trade](https://ndvlaw.com/bringing-in-foreign-investors-in-retail-trade/): You have a business idea in mind; a great concept which you think will be very profitable.
- [An Entrepreneur’s Guide to Employment Contracts](https://ndvlaw.com/an-entrepreneurs-guide-to-employment-contracts/): An employment contract is an essential part of every business.
- [The Separate Personality of a Corporation](https://ndvlaw.com/the-separate-personality-of-a-corporation/): A corporation is defined by the Corporation Code as an artificial being created by operation of law, having the right of succession and the powers, attributes and properties expressly authorized by law or incident to its existence.
- [Dissecting a Franchise Agreement: Part One](https://ndvlaw.com/dissecting-a-franchise-agreement-part-one/): If you are interested in franchising, whether as a franchisor or a franchisee, an important document to consider is the franchise agreement.
- [Dissecting a Franchise Agreement: Part Two](https://ndvlaw.com/dissecting-a-franchise-agreement-part-two/): The first part of “Dissecting a Franchise Agreement” dwelled on the subject matter of the franchise agreement, namely, the business format being franchised.
- [Dissecting a Franchise Agreement: Part Three](https://ndvlaw.com/dissecting-a-franchise-agreement-part-three-2/): The last element of any contract, which is necessarily present in a Franchise Agreement, is the element of cause or consideration.
- [Dissecting a Franchise Agreement: Part Four](https://ndvlaw.com/dissecting-a-franchise-agreement-part-four/): We have dissected the Franchise Agreement down to its most basic elements, namely: consent, subject matter, and cause or consideration.
- [Sole Proprietorship, Corporation or Partnership: Choosing your business enterprise](https://ndvlaw.com/sole-proprietorship-corporation-or-partnership-choosing-your-business-enterprise/): In doing business, there are various forms of business entities to consider, the most common forms of which are 1) single proprietorships, 2) corporations, and c) partnerships.
- [Annulment of Marriage in the Philippines](https://ndvlaw.com/annulment-of-marriage-in-the-philippines/): There is no divorce in the Philippines.
- [Self-Defense](https://ndvlaw.com/self-defense/): Not all acts constitute crimes. A person who is defending himself, family or property cannot be held criminally liable.
- [Battered Woman Syndrome](https://ndvlaw.com/battered-woman-syndrome/): In criminal and family law, the novel concept of Battered Woman Syndrome (BWS) vis-à-vis self-defense has been a controversial topic. Republic Act No.
- [How to Form a Partnership in the Philippines](https://ndvlaw.com/how-to-form-a-partnership-in-the-philippines/): If you are interested in engaging in business or practicing your profession with some colleagues, a partnership may be the proper vehicle.
- [Employee Benefits under Philippine Laws](https://ndvlaw.com/employee-benefits-under-philippine-laws/): Listed below is a summary of the mandatory benefits and provisions for employees in the Philippines under the Labor Code and special laws: 1.
- [How to Get a Patent](https://ndvlaw.com/how-to-get-a-patent/): When through your own efforts or resources, you subsequently develop an invention, new technology or breakthrough, it is important to have it protected.
- [Lifting the Ban of Night Work for Women and Expanding the Rights of Night Workers](https://ndvlaw.com/lifting-the-ban-of-night-work-for-women-and-expanding-the-rights-of-night-workers/): Under the old Labor Code, women were prohibited from engaging in night work.
- [Sexual Harassment](https://ndvlaw.com/sexual-harassment/): Republic Act No. 7877, or the Anti-Sexual Harassment Act of 1995 (RA 7877), is the governing law for work, education or training-related sexual harassment.
- [How to Apply for a US Tourist Visa](https://ndvlaw.com/how-to-apply-for-a-us-tourist-visa/): Applying for a US tourist visa is not as burdensome as it was before. Gone are the days when one has to camp outside of the US Embassy just to apply for a visa.
- [How to Amend the Articles of Incorporation](https://ndvlaw.com/how-to-amend-the-articles-of-incorporation/): The Articles of Incorporation is the bible of a corporation.
- [Improving Efficiency in the Philippine Government – The Anti-Red Tape Law](https://ndvlaw.com/improving-efficiency-in-the-philippine-government-the-anti-red-tape-law/): Entrepreneurs are exposed to government agencies in the usual daily grind of their business.
- [Extrajudicial Settlement of Estate in the Philippines](https://ndvlaw.com/extrajudicial-settlement-of-estate-in-the-philippines/): Settlement of an estate need not undergo judicial proceedings all the time.
- [How to Sell your Business](https://ndvlaw.com/how-to-sell-your-business/): Selling your business can be motivated by many factors such as inability to continue the business, business losses, buy-out by a competitor, handsome offer by an investor, to name a few.
- [DO No. 18-A: Strengthening the Rights of Contractual Employees & Imposing Obligations on the Contractors](https://ndvlaw.com/do-no-18-a-strengthening-the-rights-of-contractual-employees-imposing-obligations-on-the-contractors/): Contracting and sub-contracting arrangements are commonplace in most business transactions.
- [Philippine Holidays for 2012](https://ndvlaw.com/philippine-holidays-for-2012/): On 24 November 2011, the President issued Proclamation No.
- [Philippine Copyright](https://ndvlaw.com/philippine-copyright/): Republic Act No.
- [Copyright Infringement](https://ndvlaw.com/copyright-infringement/): Copying original and intellectual creations is considered as copyright infringement and is punishable under Republic Act No.
- [Philippine Industrial Design](https://ndvlaw.com/philippine-industrial-design/): The Intellectual Property Code of the Philippines defines an industrial design as any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors; provided that such composition or form gives a special appearance to and can serve as pattern for an industrial product or handicraft.
- [Philippine Utility Model](https://ndvlaw.com/philippine-utility-model/): An invention patent is concerned with any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable.
- [How to Correct Errors in Your Birth Certificate without Going to Court](https://ndvlaw.com/how-to-correct-errors-in-your-birth-certificate-without-going-to-court/): As a general rule, no entry in the civil register shall be changed or corrected without a judicial order.
- [Opposing a Trademark in the Philippines](https://ndvlaw.com/opposing-a-trademark-in-the-philippines-2/): If someone is seeking to register a trademark that may be confusingly similar to your trademark, you may file an opposition to such trademark within 30 days during its publication in the IPO e-gazette.
- [Holiday Pay in the Philippines](https://ndvlaw.com/holiday-pay-in-the-philippines-2/): Holiday pay has been defined as payment of the regular daily wage for any unworked regular holiday. However, not all employees are entitled to holiday pay.
- [How to Terminate an Employee on the Ground of Retrenchment](https://ndvlaw.com/how-to-terminate-an-employee-on-the-ground-of-retrenchment/): The right of management to dismiss workers on the ground of retrenchment to prevent serious losses is governed by Article 283 of the Labor Code.
- [Philippine Labor Law: Types of Employees](https://ndvlaw.com/philippine-labor-law-types-of-employees/): In any business venture, there are two resources which must be considered: capital and labor.
- [How to File a Criminal Case in the Philippines](https://ndvlaw.com/how-to-file-a-criminal-case-in-the-philippines/): If you are a victim of crime or felony in the Philippines, it is wise to report the crime or felony with the barangay and police authorities.
- [Hours of Work of Employees](https://ndvlaw.com/hours-of-work-of-employees/): HOURS OF WORK OF EMPLOYEES Article 83 of the Labor Code enunciates that the normal hours of work of any employee shall not exceed eight (8) hours a day.
- [Batas Kasambahay - Law Governing Employers and Their Househelp or Domestic Workers](https://ndvlaw.com/batas-kasambahay-law-governing-employers-and-their-househelp-or/): Republic Act No.
- [Philippine Legal Advice](https://ndvlaw.com/philippine-legal-advice/): Learn more about legal rights and remedies in the Philippines by clicking on the corresponding links below.
- [Frequently Asked Questions (FAQs) on the General Community Quarantine (GCQ)?](https://ndvlaw.com/frequently-asked-questions-faqs-on-the-general-community-quarantine-gcq/): This articles features frequently asked questions (FAQss) on the General Community Quarantine in the Philippines
- [A Transition from Enhanced Community Quarantine to Modified Enhanced Community Quarantine (ECQ to MECQ)](https://ndvlaw.com/a-transition-from-enhanced-community-quarantine-to-modified-enhanced-community-quarantine-ecq-to-mecq/): This article discusses the change from Enhanced Community Quarantine to Modified Enhanced Community Quarantine, the differences between them, and the restrictions, conditions, and regulations that will be in place during the period.
- [(UPDATED) A 5 Minute Business Guide to Surviving the COVID-19 Pandemic](https://ndvlaw.com/a-5-minute-business-guide-to-surviving-the-covid-19-pandemic/): This is a buisness guide to surviving the COVID-19 Pandemic. It outlines the Philippine government measures reliefs, programs, and remedies that business owners can employ.
- [Marital Rape: Can a Husband Be Liable for Rape Committed Against His Wife?](https://ndvlaw.com/marital-rape-can-a-husband-be-liable-for-rape-committed-against-his-wife/): Article 68 of Executive Order No.
- [Damages Awarded under Philippine Law](https://ndvlaw.com/damages-awarded-under-philippine-law/): This article discusses the nature and kinds of damages awarded by courts in the Philippines, including the legal bases for their grant.
- [The Basics of an Insurance Contract](https://ndvlaw.com/the-basics-of-an-insurance-contract/): This article disucsses the nature and basic implications of an insurance contract in the Philippines, including the applicable law and Supreme Court cases dealing with the subject.
- [Who Has Parental Authority Over an Illegitimate Child?](https://ndvlaw.com/who-has-parental-authority-over-an-illegitimate-child/): This article discusses which parent, the father or mother, shall have legal custody over an illegitimate child.
- [Homicide or Murder? What makes the Difference in Philippine Laws?](https://ndvlaw.com/homicide-or-murder-what-makes-the-difference-in-philippine-laws/): This article explains the difference between the crimes of murder and homicide, their respective elements and penalties.
- [On Bona Fide Occupational Qualification: Can You Be Dismissed Based on Your Weight?](https://ndvlaw.com/on-bona-fide-occupational-qualification-can-you-be-dismissed-based-on-your-weight/): This article discusses if weight is a valid occupational requirement, and whether companies can impose certain qualifications employment requirements.
- [How to Make a Last Will and Testament in the Philippines](https://ndvlaw.com/how-to-make-a-last-will-and-testament-in-the-philippines/): This article discusses how to prepare and draft a Last Will and Testament in the Philippines, particularly a Notarial Will, and how to comply with the legal requirements for the validity of a Last Will and Testament in the Philippines. It also discusses relevant Supreme Court cases on last wills and testaments in the Philippines.
- [Suing for Unfair Competition in the Philippines](https://ndvlaw.com/suing-for-unfair-competition-in-the-philippines/): This article discusses about the crime of unfair competition in the Philippines, the elements of the crime, the penalty for its commission, and the acts that must be proven to be convicted of the offense. It also discusses relevant Supreme Court cases on unfair competition in the Philippines.
- [Can You File Estafa and BP 22 at the Same Time?](https://ndvlaw.com/can-you-file-estafa-and-bp-22-at-the-same-time/): This article discusses the crimes of Estafa and BP 22 or the Bouncing Checks Law in the Philippines, the respective elements of the crimes of Estafa and BP 22, and whether these two (2) crimes can be filed simultaneously. It also discusses relevant Supreme Court cases on Estafa and BP 22 in the Philippines.
- [On Forgery of Checks : Who Bears the Loss?](https://ndvlaw.com/on-forgery-of-checks-who-bears-the-loss/): This article discuses the issue of forgery of checks and other negotiable instruments like bank drafts and other demand or bearer notes, and answers the question of their validity, and who is liable if they are forged. It also discusses relevant Supreme Court cases on checks and forged negotiable instruments in the Philippines.
- [Incurred Damage or Loss in Land Registration? Go after the Assurance Fund](https://ndvlaw.com/incurred-damage-or-loss-in-land-registration-go-after-the-assurance-fund/): This article discusses on what can be done if a person sustains damage, injury or is deprived of ownership of land as a consequence of fraudulent registration, or any error, omission or mistake in registration, and the remedies that a person can resort to. It also discusses relevant Supreme Court cases on claims that can be made against the Assurance Fund.
- [Change of Name and Sex on the Ground of Sex Change](https://ndvlaw.com/change-of-name-and-sex-on-the-ground-of-sex-change/): This article discusses whether a person can have his or her birth certificate corrected, or entries in the Civil Registry changes, after a sex change or sex reassignment through surgery. It also discusses relevant Supreme Court cases on change of name and sex on the ground of sex change or sex reassignment surgery.
- [Penalties for Unlawful Acts Under the New Firearms Law of the Philippines](https://ndvlaw.com/penalties-for-unlawful-acts-under-the-new-firearms-law-of-the-philippines/): This article discusses Republic Act No. 10591, or the Comprehensive Firearms and Ammunition Regulation Act, the new crimes and penalties punished under the law, and also the new crime of Use of an Imitation Firearm, as punished under RA 10591.
- [RA 10883: The New Anti-Carnapping Law of the Philippines](https://ndvlaw.com/ra-10883-the-new-anti-carnapping-law-of-the-philippines/): This article discusses Republic Act No. 10883, or otherwise known as the New Anti-Carnapping Act of 2016 (RA 10883), a law which punishes carnapping in the Philippines, its penalties and the elements of the crime.
- [Computer-related Identity Theft is a Serious Cyber Crime](https://ndvlaw.com/computer-related-identity-theft-is-a-serious-cyber-crime/): This article discusses the cyber crime called Computer-related Identity Theft in the Philippines, its legal basis and the penalties for the cyber crime.
- [Can an Employee be Dismissed due to Pregnancy Out of Wedlock?](https://ndvlaw.com/can-an-employee-be-dismissed-due-to-pregnancy-out-of-wedlock/): This article answers the question "can an employee be dismissed due to pregnancy out of wedlock?" by providing three (3) cases decided by the Philippine Supreme Court.
- [Punishable Acts Under Republic Act No. 11332](https://ndvlaw.com/punishable-acts-under-ra-11332/): This article is about the acts punishable under Republic Act No. 11332 (RA 11332) or the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act
- [Grounds for Declaration of Nullity, Annulment, and Legal Separation](https://ndvlaw.com/grounds-for-declaration-of-nullity-annulment-and-legal-separation/): This is an article about the grounds and effects of a declaration of nullity of marriage, annulment of marriage, and legal separation.
- [Bail in the Philippines: Matter of Right or Discretion?](https://ndvlaw.com/bail-in-the-philippines-matter-of-right-or-discretion/): This article discusses an individual's right to bail in the Philippines, bail as a matter or right and bail as a matter of discretion, and the constitutional rights and limitation of the right to bail.
- [When can a Corporation be Liable for Tort or Damages?](https://ndvlaw.com/when-can-a-corporation-be-liable-for-tort-or-damages/): This article deals with corporate liability for tort, and addresses the question on whether a corporation can be held liable, as a juridical entity, for damages arising from negligence.
- [When Can One Invoke the Right to Privacy in Facebook Posts?](https://ndvlaw.com/when-can-one-invoke-the-right-to-privacy-in-facebook-posts/): This article discusses the right to privacy, in relation to posting on social media, particularly on Facebook.
- [On Death and Taxes: Estate Tax under the TRAIN Law](https://ndvlaw.com/on-death-and-taxes-estate-tax-under-the-train-law/): This article discusses about computing and paying Estate Tax under the TRAIN Law in the Philippines. This applies to succession, settlement of estate, inheritance, estate planning, since Estate tax is a liability to be paid in relation to these aspects of Philippine law on succession.
- [When are Checkpoints Valid and What do you do?](https://ndvlaw.com/when-are-checkpoints-valid-and-what-do-you-do/): This article discusses the legality of government checkpoints, and your rights during searches done in airports, seaports, moving vehicles, ships, and airplanes.
- [What Are the Offenses Punishable Under Republic Act No. 11469 or the Bayanihan to Heal as One Act?](https://ndvlaw.com/what-are-the-offenses-punishable-under-republic-act-no-11469-or-the-bayanihan-to-heal-as-one-act/): This article discusses the penal provisions, crimes and penalties punished or imposed under Republic Act No. 11469 or the Bayanihan to Heal as One Act.
- [Libel in the Cyberspace](https://ndvlaw.com/libel-in-the-cyberspace/): In this modern age, with the emergence of mobile internet and wireless broadband subscriptions, almost all our conversations take place in the cyberspace.
- [Price Manipulations in the COVID Situation: Punishing Hoarding, Profiteering, and Cartel during crises in the Philippines](https://ndvlaw.com/price-manipulations-in-the-covid-situation-punishing-hoarding-profiteering-and-cartel-during-crises-in-the-philippines/): This article discusses about consumer protection from hoarding, profiteering, and cartels, during the COVID-19 crises under the Price Act and Bayanihan to Heal as One Act.
- [Legal Employee Retrenchment due to COVID-19](https://ndvlaw.com/legal-employee-retrenchment-due-to-covid-19/): This is how legal retrenchment of employees can be implemented due to COVID-19 in the Philippines.
- [What is a Trademark?](https://ndvlaw.com/what-is-a-trademark/): This article discusses about use, function and ownership of trademarks under Philippine law.
- [What Do You Get When You Resign?](https://ndvlaw.com/what-do-you-get-when-you-resign/): This Article applies to voluntary employee resignation. It discusses what an employee who resigns will actually receive from the company upon resignation.
- [How to Properly Adopt Remedial Measures in the Company to Mitigate Losses due to COVID-19](https://ndvlaw.com/how-to-properly-adopt-remedial-measures-in-the-company-to-mitigate-losses-due-to-covid-19/): The Philippine Government recently issued Guidelines in response to the Ongoing Outbreak of the Corona Virus Disease 2019 or COVID-19
- [A Guide to Dealing with Suspension of Work Due to Calamities](https://ndvlaw.com/a-guide-to-dealing-with-suspension-of-work-due-to-calamities/): This article discusses the Philippine government's policy or DOLE's regulations on suspension of work due to natural calamities and disasters.
- [Why Should You Register Your Trademark?](https://ndvlaw.com/why-should-you-register-your-trademark/): This article discusses the many benefits of trademark registration, including, protection of business identity, access to legal remedies, and prevention of trademark infringement.
- [How to Sue Someone before the IPO for Copying your Trademark](https://ndvlaw.com/how-to-sue-someone-before-the-ipo-for-copying-your-trademark/): This is an article on how to sue someone before the Intellectual Property Office for copying your trademark or trademark infringement.
- [How to Sue Your Husband for Marital Infidelity Committed Abroad](https://ndvlaw.com/how-to-sue-your-husband-for-marital-infidelity-committed-abroad/): This article tells you how to sue your husband for marital infidelity committed abroad.
- [How to Maintain your Trademark in the Philippines in 2 Easy Steps](https://ndvlaw.com/how-to-maintain-your-trademark-in-the-philippines-in-2-easy-steps/): This article is a quick guide to maintaining your trademark registration in the Philippines.
- [How to Renew a Trademark Registration in the Philippines in 3 Easy Steps](https://ndvlaw.com/how-to-renew-a-trademark-registration-in-the-philippines-in-3-easy-steps/): This article outlines the short steps to renew a trademark registration in the Philippines.
- [How to Register a Trademark in the Philippines in 3 Easy Steps](https://ndvlaw.com/how-to-register-a-trademark-in-the-philippines-in-3-easy-steps/): We can help you register your trademark in three (3) easy steps. This article outlines the steps for trademark registration in the Philippines.
- [Frequently Asked Questions (FAQs) on Philippine Trademark](https://ndvlaw.com/frequently-asked-questions-faqs-on-philippine-trademark/): This is an FAQ guide on Trademark Registration in the Philippines.
- [How to (Legally) Move On After Being Abandoned by Your Spouse](https://ndvlaw.com/how-to-legally-move-on-after-being-abandoned-by-your-spouse/): To be abandoned by a spouse is indeed a torment which you would not even wish on your enemy. How does one move on from abandonment? In this article, we discuss the effects of abandonment on one spouse and how he or she can move on under the Family Code of the Philippines and relevant laws.
- [How To Sue Your Wife For Adultery In The Philippines](https://ndvlaw.com/how-to-sue-your-wife-for-adultery-in-the-philippines/): The sound of wedding bells and the tune of “Here Comes the Bride” are wonderful sounds which most people aspire to hear.
- [2020 Annual Report Requirement for Foreign Nationals](https://ndvlaw.com/2020-annual-report-requirement-for-foreign-nationals/): As it is the start of the year, all foreign nationals are reminded of complying with the Bureau of Immigration’s Annual Report Requirement for 2020 (http://immigration.gov.ph/41-annual-report-a-r).
- [Analyzing Whether a Business Conduct Contravenes Competition Law Using the Structure-Conduct-Performance Framework](https://ndvlaw.com/analyzing-whether-a-business-conduct-contravenes-competition-law-using-the-structure-conduct-performance-framework/): To determine whether a business conduct contravenes antitrust laws, it is necessary to make a competition analysis.
- [Dawn Raids? No problem.  The Rule on Administrative Search and Inspection under the Philippine Competition Act](https://ndvlaw.com/rule-on-admin-search-inspection-under-philippine-competition-act/): The Philippine Competition Act (“PCA”) prohibits certain anticompetitive conduct. The Philippine Competition Commission (“PCC”) is tasked with the enforcement of the law. To successfully prosecute violators of the PCA, the PCC, under the the Philippine Supreme Court issued A.M. 19-08-06-SC, is empowered to conduct dawn raids, and apply for an inspection order before the Special Commercial Court of the place to be inspected is located.
- [Who let the Dogs Out? What to do When your Dog Bites a Person](https://ndvlaw.com/who-let-the-dogs-out-what-to-do-when-your-dog-bites-a-person/): Under Republic Act No. 9482, otherwise known as the Anti-Rabies Act of 2007, the pet owner has responsibilities when his pet dog bites another. He must assist the Dog bite victim immediately and shoulder the medical expenses incurred and other incidental expenses relative to the victim’s injuries
- [A Law that Can Protect Bloggers?](https://ndvlaw.com/a-law-that-can-protect-bloggers/): Approved by President Rodrigo R. Duterte on August 30, 2019, Republic Act No. 11458 (RA 11458) was passed, expanding the existing protection given to print and traditional media publishers, editors or reporters, and granting the same protection to “duly recognized or accredited journalist, writer, reporter, contributor, opinion writer, editor, columnist, manager, media practitioner involved in the writing, editing, production, and dissemination of news for mass circulation, of any print, broadcast, wire service organization, or electronic mass media, including cable TV and its variants.”
- [Community Service as A Penalty for a Felony](https://ndvlaw.com/community-service-as-a-penalty-for-a-felony/): Under the Community Service Act, the court may, in its discretion, and lieu of service in jail, require that the penalties of arresto menor and arresto mayor be served by the defendant by rendering community service in the place where the crime was committed, and under such terms as the court shall determine, taking into consideration the gravity of the offence and the circumstances of the case.
- [2020 Philippine Holidays](https://ndvlaw.com/2020-philippine-holidays/): On November 15, 2019, President Duterte passed Proclamation No. 845, which designates the Philippine holidays, specifically regular and special non-working days, for the year 2020.
- [A Guide on One Person Corporations in the Philippines](https://ndvlaw.com/a-guide-on-one-person-corporations-in-the-philippines/): A One Person Corporation (”OPC”) may be formed in the Philippines whereby the OPC is composed of a single stockholder who can only be a natural person, trust or estate. Its term of existence is perpetual but in case of a trust or estate, the term shall be co-terminous with the existence of the trust or estate.
- [A Law for Left Handed-Students](https://ndvlaw.com/a-law-for-left-handed-students/): Approved by the President on August 22, 2019, Republic Act No. 11394 (RA 11394) makes its obligatory for all schools, both public and private, that makes use of armchairs in the classroom, to provide neutral desks to all students. RA 11394 even defined a neutral desk to mean “a table or an armchair that is suitable for both right-handed and left-handed students.” The law further required that at least ten percent (10%) of the student population be provided with neutral desks.
- [An Unregulated Franchising Environment (updated October 2019)](https://ndvlaw.com/an-unregulated-franchising-environment-updated-october-2019/): In the Philippines, there is no requirement to register a franchising agreement. A Technology Transfer Arrangement need not be registered with the Intellectual Property Office if it complies with the mandatory provisions and does not contain any of the prohibited clauses. On the other hand, some countries require that the franchise agreement be registered and oftentimes updated annually. Parenthetically, since there is no law specifically addressed at franchising, there is also no government agency charged with regulating the business of franchising in the Philippines. Perhaps, it is about time that Congress enact a law on franchising to protect the legitimate players in such thriving industry.
- [Temping in the Judiciary? Judges-at-Large Law Passed](https://ndvlaw.com/temping-in-the-judiciary-judges-at-large-law-passed/): Prompted by the heavily clogged dockets of the courts, the lack of magistrates and the seemingly inadequate number of courts to hear and decide the mounting scores of cases remain in the Philippine Judicial System, the Congress passed Republic Act No. 11459 otherwise known as the Judges-at-Large Act of 2019.
- [On Video and Audio Recording using your Mobile Phone](https://ndvlaw.com/on-video-and-audio-recording-using-your-mobile-phone/): With advancements in mobile technology, the average person can now record a documentary, or even an explosive exposé, merely using one’s mobile phone, with crystal clear picture and sound, that may even impress professionals.
- [Cyber Libel: Liability for Posting in Social Media](https://ndvlaw.com/liability-for-posting-in-social-media/): In response to developments in technology and the ever-growing use of multiple forms of social media in the Philippines, Congress enacted Republic Act No.
- [Antitrust/ Competition Law: Investigation of Administrative Cases involving Anti-Competitive Conduct before the Philippine Competition Commission](https://ndvlaw.com/antitrust-competition-law-investigation-of-administrative-cases-involving-anti-competitive-conduct-before-the-philippine-competition-commission/): The Philippine Competition Commission (“PCC”) shall have original and primary jurisdiction over the enforcement and implementation of Republic Act No.
- [Antitrust/ Competition Law: Relevant Product Market and the Hypothetical Monopolist Test](https://ndvlaw.com/antitrust-competition-law-relevant-product-market-and-the-hypothetical-monopolist-test/): Market definition is usually the first step in competition analysis because the concepts that will be used in the analysis occur in the market (i.e.
- [Antitrust/ Competition Law: Vertical Restraints and Exclusive Dealing](https://ndvlaw.com/antitrust-competition-law-vertical-restraints-and-exclusive-dealing/): A vertical agreement is an agreement or concerted practice entered into between two or more undertakings each of which operates, for the purposes of the agreement or the concerted practice, at a different level of the production or distribution chain, and relating to the conditions under which the parties may purchase, sell or resell certain goods or services.[i] A vertical agreement between a manufacturer and a distributor can affect competition in two distinct markets: the upstream market where the manufacturer competes with similar firms and the downstream market where retailers compete against other retailers.[ii] The former type of competition is called inter-brand competition as it occurs among various suppliers whose products are mainly identified through the use of specific brands.[iii] Downstream competition may also occur among retailers who sell the products of the same manufacturer; this form of competition is called intra-brand competition.[iv] Vertical restraints may produce efficiencies or anticompetitive effects.
- [Antitrust/ Competition Law: Abuse of Dominant Position in Light of Tying Arrangements or Tie-in Sales](https://ndvlaw.com/antitrust-competition-law-abuse-of-dominant-position-in-light-of-tying-arrangements-or-tie-in-sales/): Have you ever experienced a situation wherein your purchase of one product requires you to buy another product?
- [Employer's SSS Condonation Program ends September 2019](https://ndvlaw.com/employers-sss-condonation-program-ends-in-september-2019/): The Social Security System (SSS) recently issued a reminder/notice to all employers of the current SSS Condonation Program and the fast approaching deadline, to avail of the program.
- [No more fees for First-Time Job Seekers](https://ndvlaw.com/no-more-fees-for-first-time-job-seekers/): The Philippine government has recently passed Republic Act 11261, also known as the First Time Jobseekers Assistance Act.
- [Energy Conservation given the Green Light under Republic Act No. 11285](https://ndvlaw.com/energy-conservation-given-the-green-light-under-republic-act-no-11285/): Green energy advocates and conservationists, rejoice! Republic Act No.
- [The Apostille Is In!](https://ndvlaw.com/the-apostille-is-in/): Red-ribbon documents are now a thing of the past.
- [The New Social Security Act of 2018](https://ndvlaw.com/the-new-social-security-act-of-2018/): Republic Act No. 11199, otherwise known as the Social Security Act of 2018, expressly repealed Republic Act No.
- [A Glance at Abuse of Dominant Position under Competition and Antitrust Laws](https://ndvlaw.com/a-glance-at-abuse-of-dominant-position-under-competition-and-antitrust-laws/): The term abuse of dominant position refers to anticompetitive business practices in which a dominant firm may engage in order to maintain or increase its position in the market.[i] Abuse of dominance or monopolization is punished under competition laws worldwide.
- [Important Dates for the 2019 Philippine Elections](https://ndvlaw.com/important-dates-for-the-2019-philippine-elections/): The election fever has once more hit the Philippines as we brace ourselves for the May 13, 2019 elections.
- [Philippine Holidays for 2019](https://ndvlaw.com/philippine-holidays-for-2019/): Pursuant to Proclamation No.
- [Registration of Voters in the Philippines](https://ndvlaw.com/registration-of-voters-in-the-philippines/): Suffrage has been defined as the right to vote in political elections. However, it has a deeper meaning than merely exercising the right to vote.
- [Substitution of Candidates in Philippine Elections](https://ndvlaw.com/substitution-of-candidates-in-philippine-elections/): Candidates for elective offices can be substituted.
- [A Brief Primer on Petitions to Deny Due Course or Cancel a Certificate of Candidacy in Philippine Elections](https://ndvlaw.com/a-brief-primer-on-petitions-to-deny-due-course-or-cancel-a-certificate-of-candidacy-in-philippine-elections/): The information provided by a candidate in his Certificate of Candidacy (COC) cannot be taken lightly.
- [Certificates of Candidacies in Philippine Elections](https://ndvlaw.com/certificates-of-candidacies-in-philippine-elections-2/): The importance of a valid certificate of candidacy rests at the very core of the electoral process. (Bautista vs. Comelec, G.R. No.
- [How to Resign Properly in the Philippines](https://ndvlaw.com/how-to-resign-properly-in-the-philippines/): If an employee is unhappy with his work or would like to seek greener pastures, the normal recourse is to resign. In San Miguel Properties v. Gucaban (G.R. No.
- [Infographic: Mga Dapat Mong Malaman Tungkol sa 13th Month Pay](https://ndvlaw.com/infographic-mga-dapat-mong-malaman-tungkol-sa-13th-month-pay/): Bilang isang corporate lawyer in the Philippines, isa sa mga madalas na itanong sa akin ng mga empleyado sa kumpanya ay ang tungkol sa kanilang 13th month pay.
- [Lost Title? Not a problem.](https://ndvlaw.com/lost-title-not-a-problem/): What do you do when your precious land titles are lost?
- [Employer’s SSS Condonation Program ends September 2019](https://ndvlaw.com/employers-sss-condonation-program-ends-september-2019/): The Social Security System (SSS) recently issued a reminder/notice to all employers of the current SSS Condonation Program and the fast approaching deadline, to avail of the program.
- [Cartel Criminalization and Leniency Policies in the Philippines](https://ndvlaw.com/cartel-criminalization-and-leniency-policies-in-the-philippines/): “Let me start with the obvious: cartel behavior (price-fixing, market allocation, and bid- rigging) is bad for consumers, bad for business, and bad for efficient markets generally.
- [Philippine Competition Law at a Glance](https://ndvlaw.com/philippine-competition-law-at-a-glance/): On 21 July 2015, Republic Act No. 10667, otherwise known as the Philippine Competition Act was finally enacted and became effective on 08 August 2015.
- [How to file a Trademark Infringement Case with the Philippine Intellectual Property Office](https://ndvlaw.com/how-to-file-a-trademark-infringement-case-with-the-philippine-intellectual-property-office/): Blood, sweat and tears. All these you invested so your brand can establish its niche in the market. After years of hard work, your brand is now popular.
- [The Philippine Data Privacy Law and Regulations tell us, “Beware the Ides of March!”](https://ndvlaw.com/the-philippine-data-privacy-law-and-regulations-tell-us-beware-the-ides-of-march/): “Beware the ides of March!” is from William Shakespeare’s famous tragedy, Julius Caesar.
- [Data Privacy in the Philippines](https://ndvlaw.com/data-privacy-in-the-philippines/): Information and communications technology play a vital role in nation-building and development of the country.
- [Philippine Holidays for 2018](https://ndvlaw.com/philippine-holidays-for-2018/): The Philippine holidays (both regular and special non-working days) for 2018 pursuant to Proclamation No.
- [When Can a Policeman Arrest You?](https://ndvlaw.com/when-can-a-policeman-arrest-you/): When we watch the news, we oftentimes see a scenario whereby a victim is pointing at the accused which would prompt the policeman to immediately arrest the accused and detain him.
- [FAQs on Search Warrants](https://ndvlaw.com/faqs-on-search-warrants/): When a policeman knocks on your door and wants to search your house, will you let him in?
- [Ang Krimen na Pagtataksil sa Asawa](https://ndvlaw.com/ang-krimen-na-pagtataksil-sa-asawa/): Ang pagtataksil sa asawa ay isang krimen sa Pilipinas. Ang pakikipag-relasyon nang isang kasal na lalaki o babae sa iba ay pinaparusahan nang ating batas.
- [Philippine Bank Secrecy Law Simplified](https://ndvlaw.com/philippine-bank-secrecy-law-simplified/): The current banter between President Duterte and Senator Trillianes about bank secrecy waivers has piqued the interest of the public on the matter of bank secrecy.
- [The Philippines’ Nationwide Smoking Ban under Executive Order No. 26: Separating Fact from Fiction](https://ndvlaw.com/the-philippines-nationwide-smoking-ban-under-executive-order-no-26-separating-fact-from-fiction/): The “action-packed” presidential issuance from President Rodrigo Duterte, signed on 16 May 2017, Executive Order No.
- [Dawn Raids? No problem. The Rule on Administrative Search and Inspection under the Philippine Competition Act](https://ndvlaw.com/dawn-raids-no-problem-the-rule-on-administrative-search-and-inspection-under-the-philippine-competition-act/): Republic Act No.
- [The Revised Regulations are Out! The 7 Commandments of Distraction-Free Driving](https://ndvlaw.com/the-revised-regulations-are-out-the-7-commandments-of-distraction-free-driving/): The June 2017 Revised Implementing Rules and Regulations (Revised IRR) for Republic Act No.
- [How to Get a License to Operate a Recruitment Agency in the Philippines](https://ndvlaw.com/how-to-get-a-license-to-operate-a-recruitment-agency-in-the-philippines/): So you want to engage in the business of operating an employment agency deploying Filipino workers abroad?
- [Ownership of Land Can be Taxing! A Guide to Real Property Tax in the Philippines](https://ndvlaw.com/ownership-of-land-can-be-taxing-a-guide-to-real-property-tax-in-the-philippines/): Everyone dreams of owning their own house and lot.
- [The Invisible Yet Invincible Maritime Lien](https://ndvlaw.com/the-invisible-yet-invincible-maritime-lien/): As a general rule, when ownership of personal property (chattel), like a car for example, is transferred to another under a clean title – meaning, that no mortgage is annotated in the car’s registration – the transfer of ownership is complete.
- [Cooking-up Your Contracts using “Boilerplates”](https://ndvlaw.com/cooking-up-your-contracts-using-boilerplates/): “Boilerplate” provisions refer to template provisions or “one-size-fits-all” clauses usually found at the end of most contracts.
- [Basics on the Contract of Agency](https://ndvlaw.com/basics-on-the-contract-of-agency/): We oftentimes hear the words “agency”, “principal”, “agency relationship” and “ahente”. So, what do these words mean?
- [Basics on the Sale on Consignment](https://ndvlaw.com/basics-on-the-sale-on-consignment/): When you are engaged in retail trade, sometimes it is not practical to buy huge volumes of stocks to sell to your customers as this will require a higher cost on your part.
- [The Nature of Sublease Contracts](https://ndvlaw.com/the-nature-of-sublease-contracts/): Say for example you are renting a business space or apartment, not from the owner, but from another lessee. Under the law, you are considered as a sublessee.
- [FAQs on Martial Law in the Philippines](https://ndvlaw.com/faqs-on-martial-law-in-the-philippines/)
- [FAQs on Having a Child Declared Legally Available for Adoption in the Philippines](https://ndvlaw.com/faqs-on-having-a-child-declared-legally-available-for-adoption-in-the-philippines/): Republic Act No. 9523 (RA 9523) is the governing law.
- [Things You Wonder About Conjugal Property but were Afraid to Ask](https://ndvlaw.com/things-you-wonder-about-conjugal-property-but-were-afraid-to-ask/): There is no doubt that you love your husband or your wife.
- [Payment of the 13th Month Pay](https://ndvlaw.com/payment-of-the-13th-month-pay/): In the Philippines, the sound of Christmas bells not only evokes the feeling of Christmas cheer but also signals for the payment of the 13th month pay for employees.
- [What are the Requirements for PEZA Registration?](https://ndvlaw.com/what-are-the-requirements-for-peza-registration/): This article discusses the necessary requirements in order to register a company with the Philippine Export Zone Authority (PEZA).
- [<strong>You can be Punished for Being Mischievous: The Crime of Malicious Mischief</strong>](https://ndvlaw.com/you-can-be-punished-for-being-mischievous-the-crime-of-malicious-mischief/): This article is about the crime of malicious mischief and its corresponding punishment. A person who shall deliberately cause damage to property of another can be guilty of the crime of malicious mischief.
- [What are the Remedies of an Owner Against Someone Who Built Structures in his Property without his Consent?](https://ndvlaw.com/what-are-the-remedies-of-an-owner-against-someone-who-built-structures-in-his-property-without-his-consent/): This article talks about the rights of an owner against someone who builds structures on his land in bad faith. In cases of builders in bad faith, a property owner can choose to appropriate the structure, without any obligation to pay any indemnity except for necessary expenses, plus damages; or ask the removal of the structure at the builder’s, etc. expense, plus damages; or compel the builder to pay the value of the land, plus damages.
- [Summary Deportation of Foreigners in the Philippines](https://ndvlaw.com/summary-deportation-of-foreigners-in-the-philippines/): This article talks about the summary deportation of foreigners. This is done before the Bureau of Immigration in cases when a foreigner is overstaying, undocumented, is a fugitive from justice, has fully served the sentence of his crime which includes deportation as a penalty or a crime involving moral turpitude or the crime of failing to register with the Bureau of Immigration.
- [How To Legally Move On After The Death Of Your Spouse](https://ndvlaw.com/how-to-legally-move-on-after-the-death-of-your-spouse/): This article talks about the process of liquidating the conjugal properties after the death of a spouse and the consequences of failure to perform this legal requirement. If liquidation is not done, any disposition thereafter is void and if the surviving spouse remarries, a mandatory complete separation of property shall govern the subsequent marriage.
- [The Unfaithful Spouse Can Lose Everything In A Legal Separation Case](https://ndvlaw.com/the-unfaithful-spouse-can-lose-everything-in-a-legal-separation-case/): This article discusses one of the effects of legal separation, which is forfeiture of the share of the guilty spouse to the net profits in the conjugal assets.
- [How To Recover Possession Of Your Dog (Or Other Personal Property) Through Replevin](https://ndvlaw.com/how-to-recover-possession-of-your-dog-or-other-personal-property-through-replevin/): This article discusses the remedy of replevin under Philippine law, to recover possession of personal property unlawfully taken from another.
- [What Is A Secretary’s Certificate?](https://ndvlaw.com/what-is-a-secretarys-certificate/): This article enumerates the general functions and duties of a Corporate Secretary. Further, this article defines a Secretary’s Certificate as a written document executed by the Corporate Secretary confirming the actions and resolutions of the Board of Directors. When regular on its face, third parties may rely on the Secretary’s Certificate without need of further investigation on the veracity of the facts contained therein.
- [Gossiping Can Land You In Jail](https://ndvlaw.com/gossiping-can-land-you-in-jail/): This article is about the crime of gossiping or intriguing against honor and its corresponding punishment. This crime has for its principal purpose to blemish the honor or reputation of a person is punishable by imprisonment of arresto menor (1 day to 30 days) or a fine not exceeding P20,000.00.
- [Questioning Corporate Takeovers Through Quo Warranto](https://ndvlaw.com/questioning-corporate-takeovers-through-quo-warranto/): This article discusses the legal remedy of quo warranto, as a remedy in corporate takeovers or where the eligibility or qualifications of a person who occupies the position of director, trustee, or officer of a corporation is being questioned.
- [Can You Work And Receive Social Security Retirement Benefit Simultaneously?](https://ndvlaw.com/can-you-work-and-receive-social-security-retirement-benefit-simultaneously/): This article discusses about the grant of retirement benefit under the Social Security Act of 2018, to retirees who still wish to continue employment.
- [The Crime Of Falsification Of Documents](https://ndvlaw.com/the-crime-of-falsification-of-documents/): This article is about the crime of Falsification of Documents, defines the acts amounting to falsification, the persons liable, and the penalty imposed under the Revised Penal Code of the Philippines.
- [What Is A Board Resolution?](https://ndvlaw.com/what-is-a-board-resolution/): This article defines what is a Board Resolution. Corporate powers are exercised by the Board of Directors. A Board Resolution is a formal document which serves as evidence of the actions and matters taken by the directors of the corporation in the meeting duly held.
- [What is the Crime of Perjury?](https://ndvlaw.com/what-is-the-crime-of-perjury/): This article is about the crime of perjury and its punishment. The crime of perjury is committed by any person who shall knowingly make untruthful statements or make an affidavit, upon any material matter and required by law. It is punishable by imprisonment of up to 2 years and four months.
- [WHAT IS THE CRIME OF BIGAMY?](https://ndvlaw.com/what-is-the-crime-of-bigamy/): This article is about the crime of bigamy and its corresponding punishment. The crime of bigamy is committed by any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved. It is punishable by imprisonment of up to 12 years.
- [What Are The Duties Of The Corporate Secretary In Corporate Meetings?](https://ndvlaw.com/what-are-the-duties-of-the-corporate-secretary-in-corporate-meetings/): This article is about the duties of a Corporate Secretary in corporate meetings. The Corporate Secretary is tasked to send out the notices of meetings, receive proxies, certify the existence of a quorum, note the vote of the directors, ensure the proper holding of the meeting and issue a Secretary’s Certificate to attest to what transpired during the meeting.
- [How Long Is The Life Of A Corporation?](https://ndvlaw.com/how-long-is-the-life-of-a-corporation/): This article talks about the term of existence of a corporation. Pursuant to the Revised Corporation Code, a corporation shall have a perpetual existence, unless its Articles of Incorporation provides otherwise. The existence of a corporation may be affected by shortening the corporate term, voluntary and involuntary dissolution.
- [What Are Descriptive Trademarks?](https://ndvlaw.com/what-are-descriptive-trademarks/): This article discusses what are descriptive trademarks. Descriptive trademarks are those which consist exclusively of signs or of indications that may serve in trade to designate the kind, quality, quantity, intended purpose, value, geographical origin, time or production of the goods or rendering of the services, or other characteristics of the goods or services. Pursuant to Sec. 123(j) of the IP Code, such trademarks cannot be registered in the Philippines.
- [How To Conduct Board Meetings In Accordance With The Revised Corporation Code](https://ndvlaw.com/how-to-conduct-board-meetings-in-accordance-with-the-revised-corporation-code/): This Article discusses how to conduct board meetings under the Revised Corporation Code. Proper notices must be sent to the directors at least 2 days prior to the board meeting. The Chairman of the Board presides during the meeting and a quorum is necessary to transact corporate business. Directors who cannot attend physically may attend and vote through videoconferencing and other alternative modes of communication.
- [What Is The Crime Of Grave Threats?](https://ndvlaw.com/what-is-the-crime-of-grave-threats/): The crime of grave threats is a crime committed by a person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime.
- [What Are The Crimes Of Light Threats And Other Light Threats?](https://ndvlaw.com/what-are-the-crimes-of-light-threats-and-other-light-threats/): The crime of light threats is a crime committed by a person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong NOT constituting a crime and there is a demand for money or condition imposed. On the other hand, other light threats consist of threatening another with a weapon or other harm not constituting a crime during a quarrel.
- [Computing Employee Premium Pay In The Philippines](https://ndvlaw.com/computing-employee-premium-pay-in-the-philippines/): This article discusses how to compute night shift differential, overtime pay, and premium pay for work during weekly rest periods.
- [Protecting Property Rights through Adverse Claim Registration](https://ndvlaw.com/protecting-property-rights-through-adverse-claim-registration/): This article discusses how to protect your interest in land or other real property by annotating an adverse claim in the certificate of title.
- [Current FDA Probiotics Regulations in the Philippines](https://ndvlaw.com/current-fda-probiotics-regulations-in-the-philippines/): This article discusses the Guidelines on Probiotics issued by the Food and Drug Administration of the Philippines.
- [Jurisprudential Tests of Doing Business in the Philippines](https://ndvlaw.com/jurisprudential-tests-of-doing-business-in-the-philippines/): This article discusses the various tests to determine if an entity is doing business in the Philippines.
- [Legal Implications of Doing Business in the Philippines](https://ndvlaw.com/legal-implications-of-doing-business-in-the-philippines/): This article discusses the legal implications of doing business in the Philippines without registration or a license.
- [When Unregistered Foreign Corporations Do Business Online](https://ndvlaw.com/when-unregistered-foreign-corporations-do-business-online/): This article discusses when a foreign corporation, doing business through its website or through any online platform, must register or secure a license with the Securities and Exchange Commission, and the exceptions to the requirement.
- [2021 Philippine Holidays](https://ndvlaw.com/2021-philippine-holidays/): This article discusses the Philippine Holidays for the year 2021, as declared under Proclamation No. 986.
- [New FDA Requirement on Licensing Household Hazardous Substances](https://ndvlaw.com/new-fda-requirement-on-licensing-household-hazardous-substances/): This Article discusses the new FDA Circular 2020-025 or the Implementing Guidelines for Administrative Order No. 2019-019 which now requires registration of household hazardous goods in the Philippines. The requirement of registration was previously removed by the Philippine Food and Drug Administration, but reinstated and to take effect beginning 03 September 2020.
- [Is Hazing Prohibited in the Philippines?](https://ndvlaw.com/republic-act-no-8049-the-anti-hazing-law/): Hazing in the Philippines is prohibited under Republic Act No. 8049 as amended by Republic Act No. 11053.
- [Extension of Floating Status or Suspension of Employment During a Pandemic](https://ndvlaw.com/extension-of-floating-status-or-suspension-of-employment-during-a-pandemic/): DO 215 allowed the extension of suspension of employment for a period not exceeding six (6) months.
- [Everything You Need to Know About Placing an Employee on Floating Status](https://ndvlaw.com/everything-you-need-to-know-about-placing-an-employee-on-floating-status/): This Article discusses the nature, effects, procedure and requirements, and legality of placing employees under floating status or temporary lay-off.
- [How to Form a Corporation in the Philippines](https://ndvlaw.com/how-to-form-a-corporation-in-the-philippines/): In order to set up a corporation in the Philippines, the incorporation process is lodged with the Securities & Exchange Commission (SEC).
- [If the Wife Gives Birth to a Child of Another Man, what is the Status of the Child?](https://ndvlaw.com/if-the-wife-gives-birth-to-a-child-of-another-man-what-is-the-status-of-the-child/): If the Wife Gives Birth to a Child of Another Man, the child is considered as legitimate unless the husband impugns the legitimacy of the child within the period prescribed by law.
- [Is the Act of Spreading Nude Photos or Sex Videos in the Internet Punishable in the Philippines?](https://ndvlaw.com/is-the-act-of-spreading-nude-photos-or-sex-videos-in-the-internet-punishable-in-the-philippines/): Spreading the nude photos or sex videos of another without his or her consent is punishable under Republic Act No. 9995, otherwise known as the Anti-Photo and Video Voyeurism Act of 2009.
- [When Commenting in Social Media becomes Cyber Libel](https://ndvlaw.com/when-commenting-in-social-media-becomes-cyber-libel/): This article discusses whether commenting in social media can give rise to liability for cyber libel.
- [Is there Liability for Cyber Libel for Sharing, Commenting Retweeting, or Liking on Social Media?](https://ndvlaw.com/is-there-liability-for-cyber-libel-for-sharing-commenting-retweeting-or-liking-on-social-media/): This article answers the question- will someone who posts, likes, or retweets an openly libelous post be liable for the crime of cyber libel.
- [When is a Person Liable for the Crime of Cyber Libel?](https://ndvlaw.com/when-is-a-person-liable-for-the-crime-of-cyber-libel/): This article focuses in-depth on the law, elements, penalty imposed, and legal treatment of the crime of cyber libel in the Philippines.
- [Who has the Right to Decide on the Funeral Arrangements of the Deceased?](https://ndvlaw.com/who-has-the-right-to-decide-on-the-funeral-arrangements-of-the-deceased/): The following hierarchy shall be observed in giving preference to decide on the funeral arrangements of the deceased: the spouse, descendants in the nearest degree, ascendants in the nearest degree and brothers and sisters
- [How to File a Criminal Case for Adultery Against your Wife in the Philippines](https://ndvlaw.com/how-to-file-a-criminal-case-for-adultery-against-your-wife-in-the-philippines/): You can file a criminal case for adultery against your wife and her paramour with the Office of the City Prosecutor in the city where they had sexual relations. You need to undergo the process of preliminary investigation.
- [What are the Rights of Work from Home (WFH) Employees?](https://ndvlaw.com/what-are-the-rights-of-work-from-home-wfh-employees/): Work from Home (WFH) employees are entitled to rights granted by the Labor Code and the Telecommuting Act of 2018. Republic Act No. 11165, otherwise known as the Telecommuting Act, recognizes telecommuting, or work from an alternative workplace with the use of telecommunications and/or computer technologies. A work from home arrangement can be properly considered as telecommuting. Under this law, WFH employees must be given fair treatment. Of course, rights come with responsibilities. Hence, the WFH employee must still abide by the policies of the company. The employer and the employee must adhere to and comply with the Telecommuting Program of the company which stipulates provisions on eligibility, code of conduct, use of equipment, work hours, data privacy, etc.
- [Who Can File a Case for Adultery?](https://ndvlaw.com/who-can-file-a-case-for-adultery/): Only the offended husband can file a criminal case for adultery against his wife who had sexual intercourse with another man. Article 333 of the Revised Penal Code penalizes a married woman for having sexual intercourse with another man who is not her husband. That other man or paramour is also held liable if he knew the woman to be married and still had sexual intercourse with her
- [What is the Dominancy Test in Assessing Trademarks?](https://ndvlaw.com/what-is-the-dominancy-test-in-assessing-trademarks/): The dominancy test focuses on the similarity of the prevalent or dominant features of the competing trademarks that might cause confusion, mistake, and deception in the mind of the purchasing public.
- [What is the Holistic Test in Assessing Trademarks?](https://ndvlaw.com/what-is-the-holistic-test-in-assessing-trademarks/): The Holistic Test requires that the entirety of the marks in question be considered in resolving confusing similarity of competing trademarks.
- [Is an Employer Mandated to Provide Work From Home (WFH) Arrangements?](https://ndvlaw.com/is-an-employer-mandated-to-provide-work-from-home-wfh-arrangements/): This article discusses the Telecommuting Act, or Republic Act No. 11165, and whether it is mandatory for employers to provide work from home arrangements.
- [When do You Get your Final Pay When You Resign?](https://ndvlaw.com/when-do-you-get-your-final-pay-when-you-resign/): This article discusses when you get your final pay when you resign. It discusses recent labor department issuances. Ultimately, you get your final pay within 30 days from resignation.
- [A 5-Minute Simple Guide to Starting a Business in the Philippines](https://ndvlaw.com/a-5-minute-simple-guide-to-starting-a-business-in-the-philippines/): This Article discusses the registration requirements for starting or opening a business in the Philippines.
- [COVID-19 in the Workplace: A Quick Employer FAQ (Updated as of 20 August 2020)](https://ndvlaw.com/covid-19-in-the-workplace-a-quick-employer-faq-updated-as-of-20-august-2020/): This article is a brief employer's guide to dealing with COVID-19 in the workplace. It discusses about the employer's obligations regarding contact tracing, reporting, office protocol, COVID-19 testing of employees, and medical costs and expenses relating to COVID-19. This article also mentiones the DOH and the local government units as the principal agencies responsible for contact tracing.
- [How to Compute Your Retirement Pay](https://ndvlaw.com/how-to-compute-your-retirement-pay/): This article answers basic questions on how to compute employee retirement pay under Philippine Law. This helps employers compute the legal retirement pay due.
- [What to Do If your Spouse Has Been Missing for Many Years and You Wish to Remarry](https://ndvlaw.com/what-to-do-if-your-spouse-has-been-missing-for-many-years-and-you-wish-to-remarry/): This Article tackles the requirements, procedure and effects of a declaration of presumptive death on spouse who goes missing and the effects of reappearance.
- [Can a Muslim-Convert Marry Again?](https://ndvlaw.com/can-a-muslim-convert-marry-again/): This article discusses the legal issue of bigamy after a subsequent marriage celebrated under Muslim laws. Specifically, it answers the question: Can a Muslim-Convert who is already married marry again during the existence of the first non-Muslim marriage, without being liable for bigamy? Can a married person convert to another religion for the purpose of marrying another? A spouse, by simple expediency of converting to the Muslim faith, cannot validly marry another, without having the first marriage legally dissolved. This is the answer to the question addressed by this article.
- [How Much Support Should a Parent Give his Child?](https://ndvlaw.com/how-much-support-should-a-parent-give-his-child/): This article discusses the legal basis and parameters of child support. How much child support must a parent actually give a child? Up to when should support be given? Whose obligation is it to give support to a child? These are some of the questions answered in this article.
- [How to Claim SSS Unemployment Benefits](https://ndvlaw.com/how-to-claim-sss-unemployment-benefits/): This article is a brief FAQ on how to apply for SSS unemployment benefits in the Philippines. It talks about the applicable law, those eligible to apply, those disqualified from applying, the documents and requirements for the application, the process, and the limitations of the law in claiming SSS unemployment benefits.
- [Notarization through Videoconferencing During the Quarantine](https://ndvlaw.com/notarization-through-videoconferencing-during-the-quarantine/): In response to the COVID-19 pandemic, the Philippine Supreme Court issued A.M. No. 20-07-04-SC known as the 2020 Rules on Remote Notarization of Paper Documents. This issuance allows the notarization of documents in the Philippines through videoconferencing, where the notary public or at least one of the parties to the document is in a locality under community quarantine due to COVID-19.
- [Filing a Collection Suit for Sum of Money](https://ndvlaw.com/filing-a-collection-suit-for-sum-of-money/): This article talks about the legal procedure in collecting money from a debtor.
- [Q & A on Small Claims Cases in the Philippines](https://ndvlaw.com/q-a-on-small-claims-cases-in-the-philippines/): Do you wish to collect money from someone who owes you but cannot afford to spend on heavy legal fees?
- [Securing a License to Operate with the Food and Drug Administration in the Philippines: What is a License to Operate and When is it Needed?](https://ndvlaw.com/securing-a-license-to-operate-with-the-food-and-drug-administration-in-the-philippines-what-is-a-license-to-operate-and-when-is-it-needed/): A License to Operate or LTO is a license which must be secured in order to operate or establish an establishment prior to engaging in the manufacture, importation, exportation, sale, offer for sale, distribution, transfer, and where applicable the use, testing, promotion, advertisement, and/or sponsorship of food, drugs, cosmetics, health products, and other medical products and devices.
- [E-Portal: Filing and Application for a License to Operate (LTO) as a Cosmetic / Drug /Medical Device / Food Manufacturer, Importer Or Distributor with the Food and Drug Administration of the Philippines](https://ndvlaw.com/e-portal-filing-and-application-for-a-license-to-operate-lto-as-a-cosmetic-drug-medical-device-food-manufacturer-importer-or-distributor-with-the-food-and-drug-administration-of-the-philippin/): On 02 May 2016, the Food and Drug Administration (“FDA”) adopted a new application process and form for a License to operate (“LTO”).
- [Taxes and Transfer of Stocks Listed and Traded through the Local Stock Exchange](https://ndvlaw.com/taxes-and-transfer-of-stocks-listed-and-traded-through-the-local-stock-exchange/): This article discusses the tax involved in the transfer of stocks which are listed and traded through the Local Stock Exchange.
- [Prohibited Claims in Food Product Labels under FDA Regulations and Philippine law](https://ndvlaw.com/prohibited-claims-in-food-product-labels-under-fda-regulations-and-philippine-law/): To protect the public against dishonest or misleading advertising or promotion, and to ensure that every consumer acquires sufficient knowledge to be an informed consumer, particularly in the choice of the consumer products that he or she wishes to purchase or consume, the Food and Drug Administration (“FDA”) issued Administrative Order No.
- [What are the FDA Mandatory Label Information for Food Products?](https://ndvlaw.com/what-are-the-fda-mandatory-label-information-for-food-products/): Republic Act No.
- [FDA Requirements for the Issuance of an Authorization for the Sale, Manufacture, Importation or Distribution of a Medical Device in the Philippines](https://ndvlaw.com/fda-requirements-for-the-issuance-of-an-authorization-for-the-sale-manufacture-importation-or-distribution-of-a-medical-device-in-the-philippines/): The regulations issued by the Food and Drug Administration (FDA) of the Philippines defined a ‘medical device’ as any instrument, apparatus, implement, machine, appliance, implant, in-vitro reagent or calibrator, software, material, or other similar or related article intended by the manufacturer to be used alone, or in combination, for human beings for one or more of the specific purpose(s) of: diagnosis, prevention, monitoring, treatment or alleviation of disease; diagnosis, monitoring, treatment, alleviation of, or compensation for an injury; investigation, replacement, modification, or support of the anatomy or of a physiological process; supporting or sustaining life; preventing infection; control of conception; disinfection of medical devices; and providing information for medical or diagnostic purposes by means of in-vitro examination of specimens derived from the human body.
- [An FDA Requirement: How to Maintain a Product Information File?](https://ndvlaw.com/an-fda-requirement-how-to-maintain-a-product-information-file/): With the end in view of ensuring safety, quality and/or efficacy of the cosmetic products that companies are placing in the market, the Food and Drug Administration (FDA) issued FDA Circular No.
- [New Procedure: How to Liquidate a Closed Bank in the Philippines](https://ndvlaw.com/new-procedure-how-to-liquidate-a-closed-bank-in-the-philippines/): The Supreme Court recently enacted new rules of procedure for the liquidation of closed banks in the Philippines.
- [How to File an Admiralty or Maritime Claim in the Philippines under the New Rules of Procedure](https://ndvlaw.com/how-to-file-an-admiralty-or-maritime-claim-in-the-philippines-under-the-new-rules-of-procedure/): With the end in view of providing a fast, reliable, and efficient means of recourse to Philippine courts and enhancing the administration of justice in Admiralty cases in the Philippines, the Supreme Court promulgated Administrative Matter No.
- [On Real Estate Investment Trust (REIT): How to Engage in a REIT Business in the Philippines](https://ndvlaw.com/on-real-estate-investment-trust-reit-how-to-engage-in-a-reit-business-in-the-philippines/): Do you want to participate in the real estate business in the Philippines?
- [How to Apply for a Cosmetic Product Notification in the Philippines](https://ndvlaw.com/how-to-apply-for-a-cosmetic-product-notification-in-the-philippines/): From manual application process, the application for cosmetic product notification in the Philippines can now be done online.
- [Guidelines of the Food and Drug Administration in the Commercial Display, Selling, Promotion, and Advertising of Alcoholic Beverages, and other Beverages that Contain Alcohol](https://ndvlaw.com/guidelines-of-the-food-and-drug-administration-in-the-commercial-display-selling-promotion-and-advertising-of-alcoholic-beverages-and-other-beverages-that-contain-alcohol/): In the Philippines, the proper government agency that is authorized under the law to act as the policy formulation and sector monitoring of the Secretary of the Department of Health, on matters pertaining to food, drugs, traditional medicines, cosmetics and household products containing hazardous substances, is the Food and Drug Administration (FDA).
- [Food Product Labeling Requirements of the FDA](https://ndvlaw.com/food-product-labeling-requirements-of-the-fda/): The Philippines’ Food and Drug Administration (FDA) issued Administrative Order No.
- [Cosmetic Product Labeling Regulations of the Food and Drug Administration](https://ndvlaw.com/cosmetic-product-labeling-regulations-of-the-food-and-drug-administration/): A cosmetic product is one of the health products regulated by the Food and Drug Administration (FDA) of the Philippines.
- [Drug Labeling Requirements of the Food and Drug Administration](https://ndvlaw.com/drug-labeling-requirements-of-the-food-and-drug-administration/): The primary sources of information for consumers are the labels and labeling materials, as they provide useful information such as those dealing with the safe and effective use of a drug product (e.g.
- [Applying for a Certificate of Product Registration for Food Supplements with the Food and Drug Administration (FDA) of the Philippines](https://ndvlaw.com/applying-for-a-certificate-of-product-registration-for-food-supplements-with-the-food-and-drug-administration-fda-of-the-philippines/): A food or dietary supplement is a processed food product intended to supplement the diet that bears or contains one or more of the following dietary ingredients: vitamin, mineral, herb, or other botanical, amino acid, and dietary substance to increase the total daily intake in amounts conforming to the latest Philippine recommended energy and nutrient intakes or internationally agreed minimum daily requirements.
- [Effect, Prohibition, and Penalties for Adulteration and Misbranding of Drug, Food, Cosmetic Products and Medical Devices in the Philippines](https://ndvlaw.com/effect-prohibition-and-penalties-for-adulteration-and-misbranding-of-drug-food-cosmetic-products-and-medical-devices-in-the-philippines/): The adulteration or misbranding of any health product and the manufacture, importation, exportation, sale, offering for sale, distribution, transfer, non-consumer use, promotion, advertising, or sponsorship of any health product that is adulterated, unregistered or misbranded.
- [How to File a Petition for Writ of Habeas Data](https://ndvlaw.com/how-to-file-a-petition-for-writ-of-habeas-data/): Is your right to privacy in life, liberty or security is violated or threatened? If so, you may file a petition for the issuance of a writ of habeas data. A. M.
- [Clarifying Mandatory Requirements for FDA Registration in the Philippines](https://ndvlaw.com/clarifying-mandatory-requirements-for-fda-registration-in-the-philippines/): Do you need to employ a pharmacist, even if your company is selling cosmetic products or medical devices, as a requirement for registration with the Food and Drug Administration (FDA) of the Philippines, or in applying for an LTO with the FDA?
- [How to Apply for Variations with the Food and Drug Administration](https://ndvlaw.com/how-to-apply-for-variations-with-the-food-and-drug-administration/): Do you want to add production lines or change your establishment’s business name?
- [Filing a Damage Suit in the Philippines](https://ndvlaw.com/filing-a-damage-suit-in-the-philippines/): ‘Damages’ is a term defined by the Supreme Court in the case of MEA Builders, Inc. vs. Court of Appeals, G.R. No.
- [How to Legally Adopt a Child in the Philippines](https://ndvlaw.com/how-to-legally-adopt-a-child-in-the-philippines/): If you want to legally adopt a child in the Philippines, this guide is for you. We outline in this article the procedure and requirements to adopt a child in the Philippines.
- [What is Calamity Leave?](https://ndvlaw.com/what-is-calamity-leave/): On 08 February 2012, the Civil Service Commission passed Resolution No.
- [How to be a Legal Guardian of a Minor?](https://ndvlaw.com/how-to-be-a-legal-guardian-of-a-minor/): We discuss in this article the procedure to be appointed as Legal Guardian of a Minor. In the Philippines, the law provides that the father and the mother shall jointly exercise legal guardianship over the person and property of their minor child wihtout court appointment. If the parents are not available, the court-appointed guardian acts in their stead, in all matters where the decision of a parent is required.
- [A Quick Remedy to Obtain Child Custody: File a Petition for Habeas Corpus](https://ndvlaw.com/a-quick-remedy-to-obtain-child-custody-file-a-petition-for-habeas-corpus/): This article provides an expeditious remedy to obtain custody over a minor child, through a Petition for Habeas Corpus, its legal basis, procedure and effects.
- [How to Claim Custody Over a Minor Child](https://ndvlaw.com/how-to-claim-custody-over-a-minor-child/): This article provides the solution to the question "How do you Claim Custody Over a Minor Child?". It discusses the grounds, procedure and applicable law.
- [How to End your Marriage thru Legal Action in the Philippines](https://ndvlaw.com/how-to-end-your-marriage-thru-legal-action-in-the-philippines/): How do you end a marriage in the Philippines? This article discusses about the procedure and nuances of filing a Petition for Declaration of Absolute Nullity of Marriage.
- [How to File for Annulment in the Philippines](https://ndvlaw.com/how-to-file-for-annulment-in-the-philippines/): This is an article about filing for annulment of marriage in the Philippines. It discusses the procedure, grounds, form, and effects of filing a petiton for annulment.
- [Frequently Asked Questions (FAQs) in Legal Separation in the Philippines](https://ndvlaw.com/frequently-asked-questions-faqs-in-legal-separation-in-the-philippines/): This article discusses how to be legally separated from your spouse, the nature, process, grounds, and effects of filing a Petition for Legal Separation in the Philippines.
- [What is Syndicated Estafa?](https://ndvlaw.com/what-is-syndicated-estafa/): This article speaks about the crime of syndicated estafa punished under PD 1689. It is the highest form of estafa, and penalized with the highest penalty, which is life imprisonment.
- [New Penalties for Estafa or Swindling](https://ndvlaw.com/new-penalties-for-estafa-or-swindling/): This article discusses Estafa or criminal fraud under Republic Act No. 10951, which adjusted the legal basis for the penalties imposed under Philippine law.
- [Another Type of Fraud: Estafa by means of Deceit](https://ndvlaw.com/another-type-of-fraud-estafa-by-means-of-deceit/): This article outlines a form of criminal fraud in the Philippines called Estafa through deceit or false pretenses, the nature of the crime, legal bases or elements, and ways of commiting this kind of estafa.
- [New Normal: Electronic Filing of Complaints and Posting of Bail](https://ndvlaw.com/new-normal-electronic-filing-of-complaints-the-posting-of-bail/): This article discusses a "new normal" in the Philippines, which is the electronic filing of criminal complaints and Information and electronic posting of bail.
- [Another type of Fraud: Simple Estafa by Misappropriation](https://ndvlaw.com/another-type-of-fraud-simple-estafa-by-misappropriation/): This article discusses Estafa or criminal fraud, through conversion or misappropriation, under Article 315(1)(b) of the Revised Penal Code of the Philippines.
- [What Happens During a Preliminary Investigation?](https://ndvlaw.com/what-happens-during-a-preliminary-investigation/): This article discusses the nature and scope of a preliminary investigation in the Philippines, and procedure, requirements, and the procedure for filing a case in the Philippines.
- [The Financial Rehabilitation and Insolvency Act of 2010](https://ndvlaw.com/the-financial-rehabilitation-and-insolvency-act-of-2010/): This article is about the Philippines' Financial Rehabilitation and Insolvency Act of 2010, its nature, scope and coverage for businesses, process of application and other legal requirements.
- [The Threefold Duties of a Director of a Corporation](https://ndvlaw.com/the-threefold-duties-of-a-director-of-a-corporation/): This article discusses the duties, functions and responsibilities of a director of a corporation, and the board of directors, towards the corporation, the stockholders and under Philippine law.
- [The Corporation as a Business Structure](https://ndvlaw.com/the-corporation-as-a-business-structure/): This article discusses the corporation as a business structure, its nature, formation, function, ownership of shares and other matters dealing with a corporation as a business entity in the Philippines.
- [On Corporate Combinations: Acquisitions, Merger and Consolidation of Corporations](https://ndvlaw.com/on-corporate-combinations-acquisitions-merger-and-consolidation-of-corporations/): This article discusses about the nature, process, nuances, and consequences of Corporate Combinations, Acquisitions, Merger and Consolidation of Corporations in the Philippines.
- [Intra-corporate Disputes and Arbitration Under the Revised Corporation Code](https://ndvlaw.com/intra-corporate-disputes-and-arbitration-under-the-revised-corporation-code/): This article discusses the nature, definition, and the different types of intra-corporate disputes and controversies under the Revised Corporation Code of the Philippines
- [One Person Corporation: A New Form of Corporation](https://ndvlaw.com/one-person-corporation-a-new-form-of-corporation/): This article discusses setting up, requirements, and other ins and outs of a One Person Corporation (OPC) in the Philippines.
- [On Corporate Officers: Who Can Be Officers of a Corporation?](https://ndvlaw.com/on-corporate-officers-who-can-be-officers-of-a-corporation/): This article deals with the different types, functions, qualifications and disqualifications of coprorate officers under the Revised Corporation Code of the Philippines.
- [Crimes punished under the New Corporation Code](https://ndvlaw.com/crimes-punished-under-the-new-corporation-code/): This article discusses the penal provisions or acts punished, and penalties imposed under Republic Act No. 11232 or Revised Corporation Code of the Philippines.
- [Frequently Asked Questions (FAQs) on Insurance](https://ndvlaw.com/frequently-asked-questions-faqs-on-insurance/): This articles discusses common or frequently asked questions on contracts of insurance, and insurance law in the Philippines.
- [Can an Adopted Child Inherit from his Adoptive Parents?](https://ndvlaw.com/can-an-adopted-child-inherit-from-his-adoptive-parents/): This article talks about the right of an adopted child to inherit from his adoptive parents.
- [Effect of Absences on Holiday Pay of Employees](https://ndvlaw.com/effect-of-absences-on-holiday-pay-of-employees/): This article talks about the effect of absences on the entitlement of an employee to holiday pay.
- [What Happens to Government Officials Who File their Certificates of Candidacy?](https://ndvlaw.com/what-happens-to-government-officials-who-file-their-certificates-of-candidacy/): Appointive government officials who file their Certificates of Candidacy are considered as deemed resigned while incumbent elective officials may run for an elective position without forfeiting their seats.
- [Obligations and Remedies of Online Consumers under the Internet Transactions Act of 2023](https://ndvlaw.com/obligations-and-remedies-of-online-consumers-under-the-internet-transactions-act-of-2023/): This article discusses the rights and obligations of online consumers and online purchasers under Republic Act No. 11967 or the Internet Transactions Act of 2023, and the remedies they can pursue in case their rights are violated.
- [Regulations Affecting E-marketplaces, Online or Digital Retailers and Stores under the Internet Transactions Act of 2023](https://ndvlaw.com/regulations-affecting-e-marketplaces-online-or-digital-retailers-and-stores-under-the-internet-transactions-act-of-2023/): This article discusses the businesses regulated under Republic Act No. 11967 or the Internet Transactions Act of 2023, the obligations or e-marketplaces, digital platforms, online retailers, and online businesses, their obligations, and penalties for violation or non-compliance.
- [Special Rules to Follow in Classifying Real Property or Land as an Ordinary Asset or Capital Asset and their Implications](https://ndvlaw.com/special-rules-to-follow-in-classifying-real-property-or-land-as-an-ordinary-asset-or-capital-asset-and-their-implications/): This article delves into the special rules that govern the classification of real property or land as either an ordinary asset or a capital asset.
- [Know When to Pay Value Added Tax or Capital Gains Tax When you Sell Real Property or Land](https://ndvlaw.com/know-when-to-pay-value-added-tax-or-capital-gains-tax-when-you-sell-real-property-or-land/): This article focuses on the crucial decision of when to pay either Value Added Tax (VAT) or the Capital Gains Tax on the sale of real property or land.
- [Can the Heirs of a Creditor file a Case to Collect a Debt?](https://ndvlaw.com/can-the-heirs-of-a-creditor-file-a-case-to-collect-a-debt/): This article answers whether the heirs of a creditor can collect a debt owed to their deceased relative.
- [Important Rules to Follow for Validity of any Corporate Meeting](https://ndvlaw.com/important-rules-to-follow-for-validity-of-any-corporate-meeting/): This article outlines important rules to follow to for validity of corporate meetings under the Revised Corporation Code of the Philippines
- [LACHES OR STALE DEMANDS: IF YOU SLEEP ON YOUR RIGHTS, YOU MAY LOSE THEM](https://ndvlaw.com/laches-or-stale-demands-if-you-sleep-on-your-rights-you-may-lose-them/): This article discusses the doctrine of laches, or when there is an unjustifiable delay in invoking one’s rights.
- [How Many Incorporators are Required to Form a Corporation?](https://ndvlaw.com/how-many-incorporators-are-required-to-form-a-corporation/): The Revised Corporation Code allows one (1) incorporator for a One Person Corporation (OPC) while a corporation that is not an OPC requires at least two (2) but not more than fifteen (15) incorporators.
- [What is the Minimum Number of Shares of Stock to Form a Corporation?](https://ndvlaw.com/what-is-the-minimum-number-of-shares-of-stock-to-form-a-corporation/): There is NO minimum number of shares of stock required for a corporation to possess. However, certain industries or corporations with foreign equity are required to have a minimum paid-up capital.
- [WHEN CAN A COMPANY REFUSE TO GIVE CHRISTMAS BONUS?](https://ndvlaw.com/when-can-a-company-refuse-to-give-christmas-bonus/): This article explains an instance when a company can withdraw the grant of a Christmas bonus, even if the same has become customary or company practice.
- [Learn about Philippine Holidays and Special Non-Working Days for 2024](https://ndvlaw.com/learn-about-philippine-holidays-and-special-non-working-days-for-2024/): This article discusses the Philippine Regular and Special Holidays and Non-Working Days for the year 2024, as declared under Proclamation No. 368.
- [Understanding Property Ownership: The Legal Significance of the Phrase “Married to” in Transfer Certificates of Title](https://ndvlaw.com/understanding-property-ownership-the-legal-significance-of-the-phrase-married-to-in-transfer-certificates-of-title/): This article discusses the legal significance of the phrase “Married to” in Transfer Certificates of Title.
- [What Laws Govern Doctors in the Practice of Medicine in the Philippines?](https://ndvlaw.com/what-laws-govern-doctors-and-medical-practitioners-in-the-philippines/): This article talks about the practice of medicine in the Philippines
- [Is a Property Donated during Marriage to only One Spouse Considered Conjugal Property?](https://ndvlaw.com/is-a-property-donated-during-marriage-to-only-one-spouse-considered-conjugal-property/): This article answers whether property donated during marriage to one spouse is considered conjugal property.
- [How to Recover Electronic or Digital Assets under Philippine Law](https://ndvlaw.com/how-to-recover-electronic-or-digital-assets-under-philippine-law/): This article talks about how to recover electronic or digital assets under Philippine law.
- [How does Philippine Law consider Illicit Common Law or De Facto Relationships?](https://ndvlaw.com/how-does-philippine-law-consider-illicit-common-law-or-de-facto-relationships/): This article discusses how Philippine Law considers illicit common law or de facto relationships
- [What are the Effects of a Confession of Judgment under Philippine Law](https://ndvlaw.com/what-are-the-effects-of-a-confession-of-judgment-under-philippine-law/): This article talks about the effects of a confession of judgment under Philippine law and procedure.
- [How Can a Foreigner own a House or a Building in the Philippines?](https://ndvlaw.com/how-can-a-foreigner-own-a-house-or-a-building-in-the-philippines/): This article talks about foreign ownership of real property, particularly of a house in the Philippines.
- [Why Petitions for Naturalization are Dismissed?](https://ndvlaw.com/why-petitions-for-naturalization-are-dismissed/): This article explores the intricate process of judicial naturalization in the Philippines and delves into the key factors that often lead to the dismissal of such petitions, shedding light on the complexities and nuances of this significant legal journey.
- [Can a City Ban the Operation of Lotto and Casinos in its Territory?](https://ndvlaw.com/can-a-city-ban-the-operation-of-lotto-and-casinos-in-its-territory/): This article talks about the police power of a local government unit such as city, including the limitations thereof. When lotto and casinos are allowed by the state, a city, through an ordinance, cannot ban the operations thereof in its territory.
- [Being Loud Can Be a Crime!](https://ndvlaw.com/being-loud-can-be-a-crime/): This article talks about the crime of alarms and scandals such as discharging explosives, making loud noises, disturbing public peace and making a scandal in public punishable under the Revised Penal Code of the Philippines.
- [Police Power of the State](https://ndvlaw.com/police-power-of-the-state/): This article talks about the police power of the state and how it should be lawfully exercised by the government under the Philippine Constitution.
- [The Crime of Physical Injuries under Philippine Law](https://ndvlaw.com/the-crime-of-physical-injuries-under-philippine-law/): This article talks about the crime of serious physical injuries, less serious physical injuries, slight physical injuries and maltreatment punishable under the Revised Penal Code of the Philippines.
- [REPUBLIC ACT 11595: LOWERING CAPITAL REQUIREMENTS FOR FOREIGN TRADE FIRMS](https://ndvlaw.com/republic-act-11595-lowering-capital-requirements-for-foreign-trade-firms/): This article discusses the changes introduced by Republic Act 11595 to Republic Act 8762 also known as the Retail Trade Liberalization Act of 2000.
- [CRIMES INVOLVING CHILD MARRIAGES AND ILLICT RELATIONSHIPS WITH THEM](https://ndvlaw.com/crimes-involving-child-marriages-and-illict-relationships-with-them/): This article is about Republic Act 11596 which criminalizes and punishes child marriages and cohabitation with children.
- [<strong>Republic Act 11337 also known as the Innovative Startup Act</strong>](https://ndvlaw.com/republic-act-11337-also-known-as-the-innovative-startup-act/): his article discusses Republic Act 11337, the law that supports startup companies and business in the Philippines
- [Philippine Holidays 2023 and Special Non-Working Days](https://ndvlaw.com/philippine-holidays-2023-and-special-non-working-days/): This article discusses the Philippine Holidays 2023 and Non-Working Days for the year 2023, as declared under Proclamation No. 90.
- [New Law to Protect Consumers of Financial Products and Services](https://ndvlaw.com/new-law-to-protect-consumers-of-financial-products-and-services/): This article talks about Republic Act No. 11765, also known as "Financial Products and Services Consumer Protection Act”. This law aims to protect consumers of financial products and services.
- [Stricter Requirements and Penalties for Contractors Imposed](https://ndvlaw.com/stricter-requirements-and-penalties-for-contractors-imposed/): This article talks about Republic Act No. 11711 which amended the old Contractor’s License Law, and increased the fines and penalties, clarified the validity of license to operate and granted longer renewal periods for contractors in good standing.
- [Solo Parents to Receive Additional Benefits](https://ndvlaw.com/solo-parents-to-receive-additional-benefits/): This article talks about Republic Act No. 11861 which expanded the rights and benefits of solo parents or single parents by introducing penalties for violation, creation of a system for registration for Solo Parents, and institutionalized the management of solo parents and benefits by creating a local government office designated to administer, monitor and regulate the identification and registration of solo parents.
- [Who has Custody over an Illegitimate Child if the Mother Passes Away?](https://ndvlaw.com/who-has-custody-over-an-illegitimate-child-if-the-mother-passes-away/): This article answers the question as to who has custody over an illegitimate child after the mother dies.
- [When a Party is Non-Suited: The Importance and Consequences of Not Attending Pre-Trial](https://ndvlaw.com/when-a-party-is-non-suited-the-importance-and-consequences-of-not-attending-pre-trial/): This article discusses the importance of pre-trial and the effects where a party fails to attend the pre-trial of a case.
- [What is the Tax Aspect of Closing a Branch or Department of a Company?](https://ndvlaw.com/what-is-the-tax-aspect-of-closing-a-branch-or-department-of-a-company/): This article discusses the tax implications and requirements for closing a branch or department of a company.
- [What is a Proxy?](https://ndvlaw.com/what-is-a-proxy/): This article is all about corporate proxies, their use, and the laws and regulations that govern them in the Philippines.
- [Things You Ought to Know About Data Privacy in the Philippines](https://ndvlaw.com/things-you-ought-to-know-about-data-privacy-in-the-philippines/): This article discusses the key points of the Philippines’ Data Privacy Act of 2012.
- [Taxing PAGCOR Licensees and Service Providers](https://ndvlaw.com/taxing-pagcor-licensees-and-service-providers/): This article discusses how PAGCOR licensees, service providers and suppliers are taxed.
- [How to Close a Branch or Department in a Company](https://ndvlaw.com/how-to-close-a-branch-or-department-in-a-company/): This article discusses how to close a department or branch of a company.
- [How are Consultants Taxed? ](https://ndvlaw.com/how-are-consultants-taxed/): This article discusses how consultants are taxed under Philippine laws.
- [Can you Be Entitled to Receive Separation Pay and Retirement Pay At the Same Time?](https://ndvlaw.com/can-you-be-entitled-to-receive-separation-pay-and-retirement-pay-at-the-same-time/): This article answers whether an employee can be entitled to separation pay and retirement pay simultaneously.
- [Consent in the Collection of Data: What Type of Consent Does the Data Privacy Law Require?](https://ndvlaw.com/consent-in-the-collection-of-data-what-type-of-consent-does-the-law-require/): This article discusses about the different kinds of consent required under the Data Privacy Act, in the collection of data.
- [Are Cookie Banners required under Philippine Data Privacy Laws?](https://ndvlaw.com/are-cookie-banners-required-under-philippine-data-privacy-laws/): This article discusses whether cookie banners are required under the data privacy laws of the Philippines.
- [Absorbing Employees in a Merger or Takeover](https://ndvlaw.com/absorbing-employees-in-a-merger-or-takeover/): This article talks about the effect of mergers or acquisitions in the status of employment of the employees of the absorbed company.
- [No Birth Certificate, No Problem! File an Application for Delayed Registration of Birth!](https://ndvlaw.com/no-birth-certificate-no-problem-file-an-application-for-delayed-registration-of-birth/): This article talks about the remedy of filing an application for delayed registration of birth with the local civil registry office where one has no birth certificate.
- [Failure to Give Child Support as Economic Abuse and Psychological Violence](https://ndvlaw.com/failure-to-give-child-support-as-economic-abuse-and-psychological-violence/): This article talks about the liability of an accused in case of failure to give child support. This may take the form of either economic abuse or psychological violence under RA 9262 or VAWC.
- [Habitual Absenteeism as a Ground for Termination of Employment](https://ndvlaw.com/habitual-absenteeism-as-a-ground-for-termination-of-employment/): This article talks about being fired from work or termination of employment due to habitual or numerous absences.
- [Who are the Heirs When Someone Dies Without a Will?](https://ndvlaw.com/who-are-the-heirs-when-someone-dies-without-a-will/): This article talks about the people who will inherit or are considered heirs when someone dies without a will.
- [FDA Suspends Product Registration for Household Hazardous Goods until 2024](https://ndvlaw.com/fda-suspends-product-registration-for-household-hazardous-goods-until-2024/): This Article discusses the suspension of product registration requirements under FDA Circular No. 2021-011-A.
- [Continuing A Partnership Business After Partner Withdraws](https://ndvlaw.com/continuing-a-partnership-business-after-partner-withdraws/): This article discusses continuing a partnership business after a partner withdraws or leaves.
- [How To Deal with a Work-Related Death in Your Company](https://ndvlaw.com/how-to-deal-with-a-work-related-death-in-your-company/): This articles discusses how to deal with work-related death of employees in the company.
- [Withdrawal of a Partner Dissolves a Partnership](https://ndvlaw.com/withdrawal-of-a-partner-dissolves-a-partnership/): This article discusses the effect of withdrawal of a partner from a partnership or joint venture.
- [Data Sharing in the Philippines](https://ndvlaw.com/data-sharing-in-the-philippines/): Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012, protects and regulates the sharing or processing of personal information in the Philippines.
- [Bringing in Foreign Investors in Retail Trade](https://ndvlaw.com/bringing-in-foreign-investors-in-retail-trade-2/): Foreign investors who wish to engage in retail trade in the Philippines should have a minimum paid-up capital of Twenty-Five Million Pesos (P25,000,000).
- [Limitations on Foreign Investments and Equity in the Philippines](https://ndvlaw.com/limitations-on-foreign-investments-and-equity-in-the-philippines-2/): Foreign investments are encouraged by the Philippine government to fuel economic growth.
- [How to Elect Directors of a Corporation](https://ndvlaw.com/how-to-elect-the-directors-of-a-corporation/): Directors are elected by the stockholders of a corporation in an election held where the owners of majority of the outstanding capital stock, whether in person or through proxy, are present.
- [What You Need to Know When Employing Night Workers](https://ndvlaw.com/what-you-need-to-know-when-employing-night-workers/): This article is about night workers. A night worker is one who performs no less than seven (7) consecutive hours of work within the period of 10 p.m. to 6 a.m. The law mandates health assessments, certain facilities and the protection of rights of night workers.
- [Protection of Trade Names](https://ndvlaw.com/protection-of-trade-names/): A trade name pertains to the identity of a company and is given protection by the law even prior to or without registration, against any unlawful act committed by third parties. The right to the exclusive use of a corporate name with freedom from infringement by similarity is determined by priority of adoption. The injured company can seek relief from the SEC.
- [Learn About the 2022 Philippine Holidays](https://ndvlaw.com/2022-philippine-holidays/): This article discusses the Philippine Holidays, Special Working and Non-Working Days for the year 2022, as declared under Proclamation No. 1236.
- [Understanding Penalties in Criminal Laws in the Philippines](https://ndvlaw.com/penalties-in-criminal-laws-philippines/): This article discusses penalties under criminal laws in the Philippines, the Revised Penal Code, and Special Penal Laws, and how to determine the imposable penalty.
- [KNOW THIS! HOW LAWS ARE PASSED IN THE PHILIPPINES](https://ndvlaw.com/how-laws-are-passed-in-the-philippines/): This article discusses how a law is passed in Philippines.
- [Who is a Nuisance Candidate?](https://ndvlaw.com/who-is-a-nuisance-candidate/): This article defines a nuisance candidate as one who puts the election process in mockery, cause confusion among the voters and clearly demonstrate that the candidate has no bona fide intention to run for public office. The Comelec may, motu propio or upon a verified petition (filed within 5 days from the last day for the filing of certificate of candidacy), declare a candidate a nuisance.
- [New Corporate Income, Reduced Taxes, and New Tax Incentives in the Philippines under RA 11534 (CREATE Act)](https://ndvlaw.com/new-corporate-income-reduced-taxes-and-new-tax-incentives-in-the-philippines-under-ra-11534-create-act/): This article discusses the changes introduced by Republic Act No. 11534 or the CREATE Act on the corporate income tax, other taxes and on fiscal incentives in the Philippines.
- [Four Things You Need to Establish the Easement of Right of Way](https://ndvlaw.com/four-things-you-need-to-establish-the-easement-of-right-of-way/): This article talks about the elements and requisites to claim, demand and enforce the easement of right of way.
- [How do you Dissolve a Corporation in the Philippines?](https://ndvlaw.com/how-do-you-dissolve-a-corporation-in-the-philippines/): This article sets out the procedure and requirements for dissolving and liquidating a Philippine corporation.
- [Why the Creation of a Creditors’ Committee is Beneficial for Unsecured Creditors](https://ndvlaw.com/why-the-creation-of-a-creditors-committee-is-beneficial-for-unsecured-creditors/): This article discusses why the creation of a creditors’ committee is beneficial for unsecured creditors in a rehabilitation proceeding under the Financial Rehabilitation and Insolvency Act of 2010.
- [Steps Required to Declare Cash Dividends in Corporations](https://ndvlaw.com/steps-required-to-declare-cash-dividends-in-corporations/): This outlines the steps which must be complied with for a corporation to validly declare cash dividends.
- [Are Christmas Breaks Given to Employees Considered Benefits?](https://ndvlaw.com/are-christmas-breaks-given-to-employees-considered-benefits/): This article talks about Christmas breaks and other employee benefits, and if these can be unilaterally withdrawn by the employee.
- [How to Implement a Redundancy Program during a Corporate Spin-Off](https://ndvlaw.com/how-to-implement-a-redundancy-program-during-a-corporate-spin-off/): This article talks about implementing a redundancy program under a corporate spin-off.
- [Arbitration as the Preferred Mode of Resolving Disputes in Government Procurement](https://ndvlaw.com/arbitration-resolving-disputes-government-procurement/): This article arbitration as a mode of dispute resolution in government procurement and public bidding under Republic Act No. 9184.
- [The Philippine Party-List System](https://ndvlaw.com/the-philippine-party-list-system/): This article talks about the Philippine party-list system, its composition, parameters and the method of computing the allocated number of seats.
- [COVID-19 Labor Advisories from the Department of Labor and Employment](https://ndvlaw.com/covid-19-labor-advisories/): This Article discusses recent COVID-19 Labor Advisories Issued by the Department of Labor and Employment.
- [Lowering the Height Requirement for Law Enforcers in the Philippines](https://ndvlaw.com/lowering-the-height-requirement-for-law-enforcers-in-the-philippines/): This article discusses Republic Act No. 11549 also known as the PNP, BFP, BJMP and BuCor Height Equality Act, providing new height requirements for employment in the law enforcement service.
- [Drastic Changes in the Jurisdiction of Courts in Civil Cases](https://ndvlaw.com/drastic-changes-in-the-jurisdiction-of-courts-in-civil-cases/): This article discusses Republic Act No. 11576, which changes the jurisdiction of the trial courts in the Philippines.
- [What is Negotiated Procurement?](https://ndvlaw.com/what-is-negotiated-procurement/): This article talks about negotiated procurement or a method of procurement resorted to under extraordinary circumstances whereby the government directly negotiates a contract with a technically, legally and financially capable supplier, contractor or consultant. Negotiated procurement is allowed in cases of two failed biddings, emergency cases, take-over of contracts, adjacent or contiguous contracts, agency-to-agency, exclusive technology services, highly technical consultants, defense cooperation agreements, small value procurement, lease of venue for official use, NGO participation, community participation, international organizations and direct retail purchase of fuel and airline tickets.
- [Exceptions to Public Bidding in Government Procurement](https://ndvlaw.com/exceptions-to-public-bidding-in-government-procurement/): This article talks about the exceptions to public bidding in government procurement. This pertains to alternative methods of government procurement such as limited source bidding, direct contracting, repeat order, shopping and negotiated procurement.
- [What is the Right Against Self-Incrimination?](https://ndvlaw.com/what-is-the-right-against-self-incrimination/): The right against self-incrimination includes the right to refuse to take the witness stand and the right to refuse to answer an incriminatory question. This article talks about the constitutional right against self-incrimination, who can use it and when it can be invoked.
- [Who are Disqualified from Running for Public Office?](https://ndvlaw.com/who-are-disqualified-from-running-for-public-office/): This article talks about the disqualifications for running for public office embodied in the Omnibus Election Code and Local Government Code.
- [What are the Qualifications to Run as President of the Philippines?](https://ndvlaw.com/what-are-the-qualifications-to-run-as-president-of-the-philippines/): This article talks about the qualifications to run as President of the Philippines. The Constitution mandates that no person shall be elected President of the Philippine unless he is a natural born Filipino citizen, a registered voter, able to read and write, at least 40 years old on the day of the election and a resident of the Philippines for at least 10 years immediately preceding the election.
- [What is the Effect of the Withdrawal of Certificate of Candidacy?](https://ndvlaw.com/what-is-the-effect-of-the-withdrawal-of-certificate-of-candidacy/): This article talks about the effects of the withdrawal of a Certificate of Candidacy. Although the person ceases to be a candidate for the position, the filing of a withdrawal shall not affect the civil, criminal or administrative liabilities he may have already incurred.
- [What are the Rights of a Father Over his Illegitimate Child?](https://ndvlaw.com/what-are-the-rights-of-a-father-over-his-illegitimate-child/): This article talks about the rights of a father over his illegitimate child. Although the mother shall have sole parental authority over the child, the father has visitation rights over his child.
- [Extrajudicial Settlement of Estate for Deaths from 2018 to Present](https://ndvlaw.com/extrajudicial-settlement-of-estate-for-deaths-from-2018-to-present/): This article talks about the process of extrajudicial settlement of estate of persons who died from January 1, 2018 to present.
- [Can Probationary Employment Go Beyond 6 Months?](https://ndvlaw.com/can-probationary-employment-go-beyond-6-months/): This article talks about the instances wherein the probationary employment period can go beyond 6 months, namely: 1) in apprenticeship agreements 2) employment is covered by special laws 3) practice is established by company policy or required by the nature of the work 4) to give the employee another chance to improve.
- [In the Absence of a Will, When Can Brothers and Sisters Inherit from their Siblings?](https://ndvlaw.com/in-the-absence-of-a-will-when-can-brothers-sisters-inherit-from-their-siblings/): This article discusses the instances when brothers and sisters can inherit from their sibling, in the absence of a will.
- [Can Illegitimate Children Inherit from their Parents?](https://ndvlaw.com/can-illegitimate-children-inherit-from-their-parents/): This article talks about the inheritance rights of illegitimate children.
- [How to Renew Your US Tourist Visa Without Going to the US Embassy](https://ndvlaw.com/how-to-renew-your-us-tourist-visa-without-going-to-the-us-embassy/): This article talks about renewing your US tourist visa without going to the US Embassy.
- [The History of Penalizing Credit Card Fraud in the Philippines](https://ndvlaw.com/penalizing-credit-card-fraud-philippines/): This article is about punishing credit card fraud in the Philippines.
- [Pirating or Poaching Employees May be Considered as Tortious Interference](https://ndvlaw.com/pirating-or-poaching-employees-may-be-considered-as-tortious-interference/): This article talks about tortious interference and its possible application to poaching and pirating of employees made by competitors.
- [On Venue of Crimes: Where Do You File A Cybercrime Complaint?](https://ndvlaw.com/venue-where-do-you-file-a-cybercrime-complaint/): This article answers the question of where to file and prosecute a criminal case involving a cybercrime.
- [Can You Fire an Employee for Having an Extra-Marital Affair?](https://ndvlaw.com/can-you-fire-an-employee-for-having-an-extra-marital-affair/): This article talks about firing an employee for having an extra-marital affair based on serious misconduct, immorality and violation of company policies.
- [How to Terminate an Employee Based on Loss of Trust and Confidence](https://ndvlaw.com/how-to-terminate-an-employee-based-on-loss-of-trust-and-confidence/): This article talks about the process of terminating or firing an employee based on loss of trust and confidence.
- [Who Inherits When a Spouse Dies Without a Will?](https://ndvlaw.com/who-inherits-when-a-spouse-dies-without-a-will/): This article talks about the proper heirs when a spouse dies without a will.
- [Who are Unworthy to be Heirs?](https://ndvlaw.com/who-are-unworthy-to-be-heirs/): This article talks about the grounds for unworthiness which prevents a person from becoming an heir in both intestate and testate succession.
- [Learn How to Disinherit an Heir](https://ndvlaw.com/learn-how-to-disinherit-an-heir/): This article talks about the process of disinheriting heirs in the testator’s last will and testament as well as the grounds or causes for disinheritance of children, descendants, parents, ascendants and spouses.
- [Recognition of Foreign Divorce in the Philippines](https://ndvlaw.com/recognition-of-foreign-divorce-in-the-philippines/): divorce, recognition of divorce, foreign divorce, divorce by foreign spouse, family law, family lawyer, family attorney, Philippine lawyer, Philippine attorney, family law firm, divorce lawyer, metro manila lawyer, metro manila attorney, best Philippine law firm, topnotch law firm, excellent Philippine lawyer
- [What is a General Information Sheet?](https://ndvlaw.com/what-is-a-general-information-sheet/): The General Information Sheet is a document embodying certain information about the corporation which is signed and attested to by the Corporate Secretary and usually filed annually with the SEC.
- [When are Regular Elections in the Philippines Conducted?](https://ndvlaw.com/when-are-regular-elections-in-the-philippines-conducted/): This article talks about the dates for regular elections in the Philippines. Elections for national, local and ARMM officials are done every three (3) years on the second Monday of May.
- [How to file an Election Protest in the Philippines](https://ndvlaw.com/how-to-file-an-election-protest-philippines/): This article talks about the nature of an election protest, which is concerned with the issue on who garnered the majority of votes, filed by the losing candidate within ten (10) days from the date of proclamation.
- [How to Register Your Company with PEZA](https://ndvlaw.com/how-to-register-your-company-with-peza/): This article talks about the process to have a company registered with the Philippine Export Zone Authority (PEZA).
- [Can I file for annulment if the priest who solemnized our marriage is not a real priest?](https://ndvlaw.com/can-i-file-for-annulment-if-the-priest-who-solemnized-our-marriage-is-not-a-real-priest/): Can I file for annulment if the priest who solemnized our marriage is not a real priest?
- [Who will inherit if the husband died leaving behind only his wife?](https://ndvlaw.com/who-will-inherit-if-the-husband-died-leaving-behind-only-his-wife/): Who will inherit if the husband died leaving behind only his wife?
- [Who will inherit if the husband died leaving behind his wife and parents?](https://ndvlaw.com/who-will-inherit-if-the-husband-died-leaving-behind-his-wife-and-parents/): Who will inherit if the husband died leaving behind his wife and parents?
- [Who will inherit if the husband died leaving behind his wife and illegitimate child?](https://ndvlaw.com/who-will-inherit-if-the-husband-died-leaving-behind-his-wife-and-illegitimate-child/): Who will inherit if the husband died leaving behind his wife and illegitimate child?
- [Who will inherit if the husband died leaving behind his wife and children?](https://ndvlaw.com/who-will-inherit-if-the-husband-died-leaving-behind-his-wife-and-children/): Who will inherit if the husband died leaving behind his wife and children?
- [Who will inherit if the parents died?](https://ndvlaw.com/who-will-inherit-if-the-parents-died/): Who will inherit if the parents died?
- [Who can be removed by impeachment?](https://ndvlaw.com/who-can-be-removed-by-impeachment/): Who can be removed by impeachment?
- [When is an impeachment proceeding deemed initiated?](https://ndvlaw.com/when-is-an-impeachment-proceeding-deemed-initiated/): When is an impeachment proceeding deemed initiated?
- [What items are included in child support?](https://ndvlaw.com/what-items-are-included-in-child-support/): What items are included in child support?
- [What is the status of a child if the marriage was declared void?](https://ndvlaw.com/what-is-the-status-of-a-child-if-the-marriage-was-declared-void/): What is the status of a child if the marriage was declared void?
- [What is the status of a child if the marriage was declared void due to psychological incapacity?](https://ndvlaw.com/what-is-the-status-of-a-child-if-the-marriage-was-declared-void-due-to-psychological-incapacity/): What is the status of a child if the marriage was declared void due to psychological incapacity?
- [What is the status of a child if the marriage was annulled?](https://ndvlaw.com/what-is-the-status-of-a-child-if-the-marriage-was-annulled/): What is the status of a child if the marriage was annulled?
- [What are the grounds for impeachment?](https://ndvlaw.com/what-are-the-grounds-for-impeachment-2/): What are the grounds for impeachment?
- [How long can a director or trustee of a homeowners’ association hold office?](https://ndvlaw.com/how-long-can-a-director-or-trustee-of-a-homeowners-association-hold-office/): How long can a director or trustee of a homeowners’ association hold office?
- [Can I file for annulment if my husband or wife is physically hurting me?](https://ndvlaw.com/can-i-file-for-annulment-if-my-husband-or-wife-is-physically-hurting-me/): Can I file for annulment if my husband or wife is physically hurting me?
- [Can I file for annulment if my husband is a pervert?](https://ndvlaw.com/can-i-file-for-annulment-if-my-husband-is-a-pervert/): Can I file for annulment if my husband is a pervert?
- [Can I file for annulment if my husband or wife committed infidelity or adultery?](https://ndvlaw.com/can-i-file-for-annulment-if-my-husband-or-wife-committed-infidelity-or-adultery/): Can I file for annulment if my husband or wife committed infidelity or adultery?
- [Is drug addiction a ground for annulment of marriage?](https://ndvlaw.com/is-drug-addiction-a-ground-for-annulment-of-marriage/): Is drug addiction a ground for annulment of marriage?
- [Can I file for annulment if my husband is alcoholic?](https://ndvlaw.com/can-i-file-for-annulment-if-my-husband-is-alcoholic/): Can I file for annulment if my husband is alcoholic?
- [Can I file for annulment if my husband or wife abandoned me?](https://ndvlaw.com/can-i-file-for-annulment-if-my-husband-or-wife-abandoned-me/): Can I file for annulment if my husband or wife abandoned me?
- [How much should a father or mother give for child support?](https://ndvlaw.com/how-much-should-a-father-or-mother-give-for-child-support/): How much should a father or mother give for child support?
- [How long will the parents provide support to their children?](https://ndvlaw.com/how-long-will-the-parents-provide-support-to-their-children/): How long will the parents provide support to their children?
- [Does the Sandiganbayan have jurisdiction to hear drug-related cases of government officials?](https://ndvlaw.com/does-the-sandiganbayan-have-jurisdiction-to-hear-drug-related-cases-of-government-officials/): Does the Sandiganbayan have jurisdiction to hear drug-related cases of government officials?
- [Can you marry again after you have converted to Islam or became a Muslim?](https://ndvlaw.com/can-you-marry-again-after-you-have-converted-to-islam-or-became-a-muslim/): Can you marry again after you have converted to Islam or became a Muslim?
- [Can the court increase the penalty in an appeal in a criminal case filed by the accused?](https://ndvlaw.com/can-the-court-increase-the-penalty-in-an-appeal-in-a-criminal-case-filed-by-the-accused/): Can the court increase the penalty in an appeal in a criminal case filed by the accused?
- [Can I have my marriage annulled if my wife is a lesbian?](https://ndvlaw.com/can-i-have-my-marriage-annulled-if-my-wife-is-a-lesbian/): Can I have my marriage annulled if my wife is a lesbian?
- [Can I have my marriage annulled if my wife concealed the fact that she was a lesbian?](https://ndvlaw.com/can-i-have-my-marriage-annulled-if-my-wife-concealed-the-fact-that-she-was-a-lesbian/): Can I have my marriage annulled if my wife concealed the fact that she was a lesbian?
- [Can I have my marriage annulled if my husband is gay?](https://ndvlaw.com/can-i-have-my-marriage-annulled-if-my-husband-is-gay/): Can I have my marriage annulled if my husband is gay?
- [Can I have my marriage annulled if my husband concealed the fact that he was gay?](https://ndvlaw.com/can-i-have-my-marriage-annulled-if-my-husband-concealed-the-fact-that-he-was-gay/): Can I have my marriage annulled if my husband concealed the fact that he was gay?
- [Can I have my marriage annulled if my husband concealed the fact that he is a drug addict?](https://ndvlaw.com/can-i-have-my-marriage-annulled-if-my-husband-concealed-the-fact-that-he-is-a-drug-addict/): Can I have my marriage annulled if my husband concealed the fact that he is a drug addict?
- [Can I have my marriage annulled if my husband concealed the fact that he is an ex-convict or has been convicted of a crime?](https://ndvlaw.com/can-i-have-my-marriage-annulled-if-my-husband-concealed-the-fact-that-he-is-an-ex-convict-or-has-been-convicted-of-a-crime/): Can I have my marriage annulled if my husband concealed the fact that he is an ex-convict or has been convicted of a crime?
- [Can a representative of a corporation sit as a director in a condominium corporation?](https://ndvlaw.com/can-a-representative-of-a-corporation-sit-as-a-director-in-a-condominium-corporation/): Can a representative of a corporation sit as a director in a condominium corporation?
- [Can a company prohibit its employee from marrying an employee from a competitor company?](https://ndvlaw.com/can-a-company-prohibit-its-employee-from-marrying-an-employee-from-a-competitor-company/): Can a company prohibit its employee from marrying an employee from a competitor company?
- [Illegitimate Children and the Use of Their Father’s Surname](https://ndvlaw.com/illegitimate-children-and-the-use-of-their-fathers-surname/): This article talks about the option of an illegitimate child to use the surname of either his mother or father.
- [What to Do if Your Name is Incorrect, Embarrassing, or Not the One You Were Given ](https://ndvlaw.com/what-to-do-if-your-name-is-incorrect-embarrassing-or-not-the-one-you-were-given/): This article talks about the legal options to correct or change your name, whether it’s a minor clerical error or a substantial change.
- [BRIDES AND GROOMS FOR SALE – A Glimpse at the Anti-Mail Order Spouse Law](https://ndvlaw.com/brides-and-grooms-for-sale-a-glimpse-at-the-anti-mail-order-spouse-law/): This article talks about the Anti-Mail Order Spouse law which makes it illegal to offer Filipinos for marriage to foreign nationals.
- [Contract Exits in Sports: Waiver and Buyout Clauses Explained](https://ndvlaw.com/contract-exits-in-sports-waiver-and-buyout-clauses-explained/): This article talks about waiver and buyout clauses in professional sports contract.
- [A Photocopy Is Now Admissible to the Same Extent as the Original](https://ndvlaw.com/a-photocopy-is-now-admissible-to-the-same-extent-as-the-original/): This article talks about the admissibility of a photocopy of a document as evidence in a court proceeding.
- [Smuggling and Unlawful Importation in the Philippines](https://ndvlaw.com/smuggling-and-unlawful-importation-in-the-philippines/): This article talks about the crime of smuggling and unlawful importation in the Philippines.
- [Challenging an Heir's Status as a Child of the Decedent is Not Governed by the Prescriptive Period for Impugning Filiation](https://ndvlaw.com/challenging-an-heirs-status-as-a-child-of-the-decedent-is-not-governed-by-the-prescriptive-period-for-impugning-filiation/): This article talks about the prescriptive period for impugning the filiation of a child.
- [Use of Husband’s Surname: Option, not a Duty.](https://ndvlaw.com/use-of-husbands-surname-option-not-a-duty/): This article talks about the option of a wife to use her husband’s surname.
- [Defense of Insanity Does Not Require Proof of History of Mental Illness](https://ndvlaw.com/defense-of-insanity-does-not-require-proof-of-history-of-mental-illness/): Explore the insanity defense in criminal law, its requirements, key cases, and the impact of socioeconomic factors on legal outcomes.
- [Understanding Mergers and Acquisitions of Corporations in the Philippines: A Practical Perspective](https://ndvlaw.com/understanding-mergers-and-acquisitions-of-corporations-in-the-philippines-a-practical-perspective/): Explore mergers and acquisitions in the Philippines under the Revised Corporation Code, including processes, laws, and key changes.
- [What Happens in an Impeachment Trial?](https://ndvlaw.com/what-happens-in-an-impeachment-trial/): This article provides a simplified summary of what happens in an impeachment trial in the Philippines.
- [A Quick Look at an Impeachment Trial](https://ndvlaw.com/a-quick-look-at-an-impeachment-trial/): Explore the impeachment trial process at a glance
- [What are the Grounds for Impeachment?](https://ndvlaw.com/what-are-the-grounds-for-impeachment/): Explore the grounds for impeachment in the Philippines, including legal frameworks, historical cases, and key constitutional articles.
- [Can You Donate Property to your Live-In Partner?](https://ndvlaw.com/can-you-donate-property-to-your-live-in-partner/): Learn the legalities of donating property to your live-in partner in the Philippines. Understand rights, obligations, and seek advice.
- [Reasons for Corporate Directors' Disqualification under Philippine Law](https://ndvlaw.com/reasons-for-corporate-directors-disqualification-under-philippine-law/): Discover key disqualifications for corporate directors under the Revised Corporation Code in the Philippines to ensure governance integrity.
- [Navigating the Legal Process: Obtaining a Warrant for Digital Data Seizure](https://ndvlaw.com/navigating-the-legal-process-obtaining-a-warrant-for-digital-data-seizure/): Learn how to secure a warrant for digital data seizure, ensuring compliance with laws in cybercrime investigations.
- [Cybercrime Warrants Explained: From Search to Seizure](https://ndvlaw.com/cybercrime-warrants-explained-from-search-to-seizure/): Explore the essential types of cybercrime warrants and their roles in digital investigations for effective law enforcement today.
- [Articles of Incorporation Philippines: Your Ultimate Guide to Compliance with RA 11232](https://ndvlaw.com/articles-of-incorporation-philippines-your-ultimate-guide-to-compliance-with-ra-11232/): Learn how to prepare Articles of Incorporation in the Philippines under RA 11232, ensuring compliance and understanding corporate governance.
- [Maximize Your Investments: The Different Types of Shares of Stock](https://ndvlaw.com/maximize-your-investments-the-different-types-of-shares-of-stock/): Explore the types of stock shares under the Revised Corporation Code and learn how they impact corporate capital and investor decisions.
- [After Adjournment, can the Senate still Proceed with the Impeachment Trial?](https://ndvlaw.com/after-adjournment-can-the-senate-still-proceed-with-the-impeachment-trial/): This article talks about the duty of the Senate to constitute itself as an impeachment court and proceed to trial on impeachment despite its adjournment or recess.
- [Liability for Directors: 7 Important Insights into Philippine Corporate Governance](https://ndvlaw.com/liability-for-directors-of-a-corporation/): This article discusses what every director needs to know about criminal, civil and administrative liability for directors under the revised corporation code.
- [What are Public Interest Corporations?](https://ndvlaw.com/public-interest-corporation/): This article defines what is a public interest corporation, or a corporation vested with public interest.
- [Law Allowing Tax Refunds for Foreigners](https://ndvlaw.com/tax-refunds-for-foreigners/): The Philippines now joins a host of other tourist destinations in the world offering tax refunds to foreigners.
- [Understanding the Changes in the Revised Corporation Code of the Philippines](https://ndvlaw.com/changes-in-revised-corporation-code-of-the-philippines/): The Revised Corporation Code of the Philippines, enacted through Republic Act 11232, marks a significant shift in the landscape of corporate governance and business operations within the country.
- [Protecting the Rights of Talents and Workers in the Movie and Television Industry](https://ndvlaw.com/rights-of-talents-in-the-movie-and-television-industry/): Learn about the Eddie Garcia Act (RA 11996) and DO 246: Protecting workers' rights in the Philippine movie and television industry.
- [Key Notes on the Electronic Transmission of Votes and Election Results Under COMELEC Resolution No. 11080](https://ndvlaw.com/transmission-of-votes-2025-philippine-elections/): Learn about COMELEC Resolution 11080's framework for secure electronic vote transmission, including security features and stakeholder responsibilities.
- [The Laws On Christmas In The Philippines](https://ndvlaw.com/the-law-on-christmas-in-the-philippines/): The Philippine legal system is a civil law system. This means that the Philippines relies on laws enacted by Congress to govern all matters – including Christmas, our favorite holiday. Christmas did not just become a holiday in the Philippines by tradition or religion. As with all red letter days and public holidays, there are laws that govern the celebration of Christmas as a holiday.
- [Everything You Need to Know about the 2025 Election Ban on Firearms and Deadly Weapons in the Philippines](https://ndvlaw.com/2025-election-ban/): Learn about COMELEC's 2025 election firearms ban: regulations, exemptions, penalties, and compliance requirements for the 2025 Philippine elections.
- [Comelec Resolution No. 10986: Overseas Voting for the 2025 Philippine Elections](https://ndvlaw.com/overseas-voting-2025-philippine-elections/): Learn about COMELEC Resolution 10986's guidelines for overseas voting in the 2025 Philippine Elections, including key provisions and compliance processes.
- [2025 Philippine Election Timelines: Key Dates and Prohibited Acts Guide](https://ndvlaw.com/2025-philippine-election-timeline/): Stay informed about the 2025 Philippine Elections with our comprehensive guide on key dates, activities, and prohibited acts from COMELEC Resolution 10999.
- [COMELEC Resolution 10965: Guide to Precinct Clustering for the 2025 Philippine Elections](https://ndvlaw.com/guide-to-precinct-clustering/): Understand COMELEC Resolution 10965's guidelines for clustering established precincts in the 2025 National and Local Elections. Key provisions explained.
- [COMELEC Social Media Rules: 2025 Philippine Election Guide](https://ndvlaw.com/comelec-social-media-rules/): Learn about COMELEC's vital requirements for social media use in the 2025 Philippine Elections, including registration, AI disclosures & prohibited acts.
- [Learn about Philippine Holidays and Special Non-Working Days for 2025](https://ndvlaw.com/learn-about-philippine-holidays-and-special-non-working-days-for-2025/): This article discusses the 2025 holidays Philippines, specifically the Regular Holidays and Special Non-Working Days, pursuant to Proclamation No.
- [Filing a Petition for Disqualification Based on the Commission of Election Offenses](https://ndvlaw.com/filing-a-petition-for-disqualification-based-on-the-commission-of-election-offenses/): This article talks about how to file a Petition for Disqualification of a Candidate based on the commission of election offenses under Sec. 68 of the Omnibus Election Code.
- [Regulation of Digital Campaign in the 2025 Philippine Elections](https://ndvlaw.com/regulation-of-digital-campaign-in-the-2025-philippine-elections/): This article talks about the regulation of digital campaign in the 2025 Philippine elections such as the use of social media accounts and pages, websites, podcasts, blogs, vlogs, and other online and internet-based campaign platforms.
- [Qualifications for Philippine Elective Office](https://ndvlaw.com/qualifications-for-philippine-elective-office/): This article talks about the qualifications for Philippine elective officials pertaining to citizenship, residency, age and being a registered voter.
- [When is the Campaign Period in Philippine Elections?](https://ndvlaw.com/when-is-the-campaign-period-in-philippine-elections/): This article talks about the campaign period in Philippine elections.
- [Learning about Electronic Money Issuers (EMI) in the Philippines](https://ndvlaw.com/learning-about-electronic-money-issuers-emi-in-the-philippines/): Electronic Money Issuers (EMIs) are regulated by the Bangko Sentral ng Pilipinas (BSP).
- [Understanding the Three-Term Limit for Local Officials](https://ndvlaw.com/understanding-the-three-term-limit-for-local-officials/): This article talks about the three-term limit rule which states that a local elective official cannot serve for more than three consecutive terms.
- [What are the Qualifications to Run as Governor in the Philippines?](https://ndvlaw.com/what-are-the-qualifications-to-run-as-governor-in-the-philippines/): This article talks about the qualifications to run as Governor in the Philippines.
- [What are the Qualifications to Run as Congressman in the Philippines?](https://ndvlaw.com/what-are-the-qualifications-to-run-as-congressman-in-the-philippines/): This article talks about the qualifications to run as Congressman in the Philippines.
- [Can a Local Government Unit Enact an Ordinance Prohibiting Gambling in its City?](https://ndvlaw.com/can-a-local-government-unit-enact-an-ordinance-prohibiting-gambling-in-its-city/): This article talks about whether a local government unit, through its sanggunian, enact an ordinance to prohibit gambling within its jurisdiction.
- [How to Protect Yourself from Liability When Dealing with Contractors](https://ndvlaw.com/how-to-protect-yourself-from-liability-when-dealing-with-contractors/): This article talks about how to protect yourself from liability when engaging construction contractors, general engineering contractors, building contractors, and construction companies.
- [A Solution to Succession Struggles through The Probate of a Will during the Testator’s Lifetime](https://ndvlaw.com/a-solution-to-succession-struggles-through-the-probate-of-a-will-during-the-testators-lifetime/): This Article discusses a solution to addressing succession struggles and family disputes through the Probate of a Last Will and Testament during the Testator's lifetime
- [Does the Mayor Have Power to Demolish Structures and Buildings?](https://ndvlaw.com/does-the-mayor-have-power-to-demolish-structures-and-buildings/): This article talks about the powers of the mayor to demolish structures and buildings as provided in Republic Act No. 7160, otherwise known as the Local Government Code and Supreme Court cases.
- [What are the Powers and Functions of a Mayor in the Philippines?](https://ndvlaw.com/what-are-the-powers-and-functions-of-a-mayor-in-the-philippines/): This article talks about the powers, functions and duties of a mayor in the Philippines as provided in Republic Act No. 7160, otherwise known as the Local Government Code and existing laws.
- [What are the Qualifications to Run as Mayor in the Philippines?](https://ndvlaw.com/what-are-the-qualifications-to-run-as-mayor-in-the-philippines/): This article talks about the qualifications to run as Mayor in the Philippines.
- [What are the Qualifications to Run as Senator in the Philippines?](https://ndvlaw.com/what-are-the-qualifications-to-run-as-senator-in-the-philippines/): This article talks about the qualifications to run as Senator in the Philippines.
- [A Trademark Registered in Bad Faith may be Cancelled Anytime](https://ndvlaw.com/a-trademark-registered-in-bad-faith-may-be-cancelled-anytime/): This article talks about the legal remedy against a trademark registration fraudulently obtained or made in bad faith which is to file a Petition for Cancellation of Trademark before the IPO anytime.
- [First-to-File Rule in Trademark Registration](https://ndvlaw.com/first-to-file-rule-in-trademark-registration/): This article talks about the first-to-file system under the Intellectual Property Code of the Philippines wherein the first person to file an application with the Philippine Intellectual Property Office or IPO shall have priority right to the exclusion of new and subsequent applicants for registration of the same or similar mark.
- [How to Cancel a Trademark in the Philippines](https://ndvlaw.com/how-to-cancel-a-trademark-in-the-philippines/): This article talks about the procedure on how to cancel a trademark before the Intellectual Property Office of the Philippines.
- [Trademark Opposition Proceedings in the Philippines](https://ndvlaw.com/trademark-opposition-proceedings-in-the-philippines/): A party may file an opposition to a Philippine trademark within a period of thirty (30) days from the date of publication of the mark in the e-gazette of the Philippine Intellectual Property Office (IPO).
- [FAQs on Adoption in the Philippines (updated as of October 2024)](https://ndvlaw.com/faqs-on-adoption-in-the-philippines/): This provides an updated FAQ on Adoption in the Philippines under Republic Act No. 11642 or the new Domestic Administrative Adoption Law in the Philippines
- [The New Domestic Administrative Adoption Law: A Game Changer for Adoption in the Philippines](https://ndvlaw.com/the-new-domestic-administrative-adoption-law-a-game-changer-for-adoption-in-the-philippines/): This article discusses how the new domestic Administrative Adoption Law or Republic Act No. 11642 affects child adoption in the Philippines, and the changes made by the law,
- [Qualifications of Party-List Nominees](https://ndvlaw.com/qualifications-of-party-list-nominees/): This article talks about the qualifications of party-list nominees pursuant to the Party-List System Act and relevant jurisprudence.
- [A Vehicle Purchaser Can Choose his Remedies under the Lemon Law or the Consumer Act](https://ndvlaw.com/a-vehicle-purchaser-can-choose-his-remedies-under-the-lemon-law-or-the-consumer-act/): This article talks about the case of DTI vs. Toyota Balintawak, Inc. where the Supreme Court stated that the buyer of a defective brand-new vehicle has the option to choose his legal remedies either from the Lemon Law or Consumer Act.
- [6 Important Things You Need to Know about the Employees’ Compensation Program](https://ndvlaw.com/6-important-things-you-need-to-know-about-the-employees-compensation-program/): The Employees’ Compensation Program (ECP) in the Philippines is a social security program designed to provide financial and medical assistance to public and private sector employees and/or their dependents, in the event of any work-related sickness, injury, or death, where they may promptly secure income benefit and medical or other related benefits.
- [Unlocking the Foundling Recognition and Protection Act of 2024](https://ndvlaw.com/unlocking-the-foundling-recognition-and-protection-act-in-2024/): This article discusses the Foundling Recognition and Protection Act, their nationality, procedure of adoption, and how the new law lays to rest the query about the legal status and nationality of a foundling.
- [Abandoning the Family May be Considered as Evidence for Psychological Incapacity of a Spouse](https://ndvlaw.com/abandoning-the-family-may-be-considered-as-evidence-for-psychological-incapacity-of-a-spouse/): This article talks about the case of Lanuza vs. Lanuza where the Supreme Court stated that abandoning the family may be considered as evidence for psychological incapacity of a spouse as a ground for declaring a marriage void under Article 36 of the Family Code.
- [Did the Philippine Government Just Extend the Estate Tax Amnesty? Here's What It Means for You](https://ndvlaw.com/did-the-philippine-government-just-extend-the-estate-tax-amnesty-heres-what-it-means-for-you/): Understand the extended Estate Tax Amnesty under RA 11956, offering financial relief and simplified processes until June 14, 2025.
- [Republic Act No. 12010: The Anti-Financial Account Scamming Act (AFASA) Explained](https://ndvlaw.com/republic-act-no-12010-the-anti-financial-account-scamming-act-afasa-explained/): Learn about Republic Act No. 12010 (AFASA) to protect against financial scams, safeguard online transactions, and enhance cybersecurity.
- [What’s New in Government Procurement in the Philippines?](https://ndvlaw.com/whats-new-in-government-procurement-in-the-philippines/): This article discusses the salient feature of the new procurement law in the Philippines, the innovations and changes introduced, and its repeal of the old Government Procurement Act.
- [A New Era of Government Procurement in the Philippines Through Republic Act No. 12009](https://ndvlaw.com/a-new-era-of-government-procurement-in-the-philippines-through-republic-act-no-12009/): This article discusses the provisions of Republic Act No. 12009, its principles, strategic planning aspects, modes of procurement, the role of the Bids and Awards Committee (BAC), the implementation of electronic procurement, the emphasis on sustainable practices, administrative sanctions, and final provisions.
- [Real Property Valuation and Assessment and Reform Act: What You Need to Know](https://ndvlaw.com/real-property-valuation-and-assessment-and-reform-act-what-you-need-to-know/): : This article provides an in-depth discussion on Republic Act No. 12001, also known as the Real Property Valuation and Assessment Reform Act and highlights its key objectives and anticipated impact on the real estate industry and the Philippine economy as a whole.
- [The Ease of Paying Taxes Act: A Guide to New Taxpayer Classifications](https://ndvlaw.com/the-ease-of-paying-taxes-act-a-guide-to-new-taxpayer-classifications/): Discover new taxpayer classifications under the Ease of Paying Taxes Act. Ensure compliance and access benefits tailored to your category.
- [The Qualifications, Duties and Responsibilities of a Corporate Treasurer](https://ndvlaw.com/the-qualifications-duties-and-responsibilities-of-a-corporate-treasurer/): This article discusses the functions, office, qualifications duties, and responsibilities of a Corporate Treasurer under the Revised Corporation Code of the Philippines.
- [Demanding Money in Exchange for Deletion of Sex Videos is Robbery!](https://ndvlaw.com/demanding-money-in-exchange-for-deletion-of-sex-videos-is-robbery/): This article talks about an actual Supreme Court case where the accused, who demanded money from his ex-girlfriend in exchange for the deletion of sex videos, was convicted of robbery.
- [When is a contract between two corporations having interlocking directors subject to stricter scrutiny?](https://ndvlaw.com/when-is-a-contract-between-two-corporations-having-interlocking-directors-subject-to-stricter-scrutiny/): Generally, a contract between two or more corporations with interlocking directors will not be invalidated solely on that ground, provided there is no fraud and the contract is fair and reasonable (SEC.
- [How can a voidable contract with an interested director be ratified if quorum or voting conditions were absent?](https://ndvlaw.com/how-can-a-voidable-contract-with-an-interested-director-be-ratified-if-quorum-or-voting-conditions-were-absent/): If any of the first three validating conditions (quorum, voting, or fairness) are absent in a contract involving a director or trustee, the contract may still be ratified by the stockholders (SEC.
- [When is a contract between a corporation and its director, officer, or relative considered voidable?](https://ndvlaw.com/when-is-a-contract-between-a-corporation-and-its-director-officer-or-relative-considered-voidable/): A contract between the corporation and one or more of its directors, trustees, officers, or their spouses and relatives within the fourth civil degree of consanguinity or affinity is generally considered voidable, at the option of the corporation (SEC.
- [What happens if a director or officer acquires an interest adverse to the corporation in a confidential matter?](https://ndvlaw.com/what-happens-if-a-director-or-officer-acquires-an-interest-adverse-to-the-corporation-in-a-confidential-matter/): A director, trustee, or officer is strictly prohibited from attempting to acquire, or actually acquiring, any interest adverse to the corporation in respect of any matter that was reposed in them in confidence (SEC.
- [Under what conditions are directors, trustees, or officers liable jointly and severally for damages?](https://ndvlaw.com/under-what-conditions-are-directors-trustees-or-officers-liable-jointly-and-severally-for-damages/): Directors or trustees are held jointly and severally liable for all resulting damages if they willfully and knowingly vote for or assent to patently unlawful acts of the corporation (SEC.
- [What is the limit on the total yearly compensation for directors or trustees?](https://ndvlaw.com/what-is-the-limit-on-the-total-yearly-compensation-for-directors-or-trustees/): In the absence of a provision in the bylaws fixing their compensation, directors or trustees shall not receive any compensation in their capacity as such, except for reasonable per diems (SEC.
- [What are the functions and how is an emergency board to fill a vacancy constituted?](https://ndvlaw.com/what-are-the-functions-and-how-is-an-emergency-board-to-fill-a-vacancy-constituted/): An emergency board may be temporarily formed when a vacancy prevents the remaining directors from constituting a quorum, and critically, emergency action is required to prevent grave, substantial, and irreparable loss or damage to the corporation (SEC.
- [How is a vacancy in the board of directors filled, excluding removal or expiration of term?](https://ndvlaw.com/how-is-a-vacancy-in-the-board-of-directors-filled-excluding-removal-or-expiration-of-term/): A vacancy occurring in the board of directors or trustees due to reasons other than removal or expiration of term may be filled by a vote of at least a majority of the remaining directors or trustees, provided they still constitute a quorum (SEC.
- [What is the required procedure and vote for the removal of a director or trustee by stockholders or members?](https://ndvlaw.com/what-is-the-required-procedure-and-vote-for-the-removal-of-a-director-or-trustee-by-stockholders-or-members/): Any director or trustee may be removed from office by a vote of the stockholders holding or representing at least two-thirds (2/3) of the outstanding capital stock, or two-thirds (2/3) of the members entitled to vote in a nonstock corporation (SEC.
- [What are the three categories of final judgment convictions that disqualify a person from holding corporate office?](https://ndvlaw.com/what-are-the-three-categories-of-final-judgment-convictions-that-disqualify-a-person-from-holding-corporate-office/): A person is disqualified from being a director, trustee, or officer of any corporation if, within five (5) years prior to election, they were convicted by final judgment for specific offenses (SEC.
- [What action must the Securities and Exchange SEC take if an election is not held as scheduled due to unjustified reasons?](https://ndvlaw.com/what-action-must-the-securities-and-exchange-sec-take-if-an-election-is-not-held-as-scheduled-due-to-unjustified-reasons/): If a scheduled election is not held, the non-holding and the reasons must be reported to the SEC within thirty (30) days, specifying a new election date that is no later than sixty (60) days from the scheduled date (SEC.
- [What is the deadline and content requirement for reporting the election of corporate officers and directors to the SEC?](https://ndvlaw.com/what-is-the-deadline-and-content-requirement-for-reporting-the-election-of-corporate-officers-and-directors-to-the-sec/): Within thirty (30) days after the election of directors, trustees, and officers, the corporate secretary or another authorized officer must submit a report to the SEC (SEC.
- [Who are the mandatory officers required for a corporation, and what restrictions apply to holding multiple offices?](https://ndvlaw.com/who-are-the-mandatory-officers-required-for-a-corporation-and-what-restrictions-apply-to-holding-multiple-offices/): Immediately after their election, the directors must formally organize and elect a president, who is required to be a director (SEC.
- [Describe the cumulative voting rights available to stockholders in stock corporations.](https://ndvlaw.com/describe-the-cumulative-voting-rights-available-to-stockholders-in-stock-corporations/): In stock corporations, stockholders entitled to vote possess the right to vote the number of shares standing in their own names in the stock books at the time of the election (SEC.
- [What percentage of stock or membership is required to constitute a quorum for the election of directors or trustees?](https://ndvlaw.com/what-percentage-of-stock-or-membership-is-required-to-constitute-a-quorum-for-the-election-of-directors-or-trustees/): For the election of directors or trustees, there must be present, either in person or through a written proxy, the owners of a majority of the outstanding capital stock (SEC.
- [What is the role and required percentage of independent directors in corporations vested with public interest?](https://ndvlaw.com/what-is-the-role-and-required-percentage-of-independent-directors-in-corporations-vested-with-public-interest/): Corporations deemed vested with public interest must have independent directors constituting at least twenty percent (20%) of their board (SEC.
- [What are the term lengths and qualification requirements for directors and trustees?](https://ndvlaw.com/what-are-the-term-lengths-and-qualification-requirements-for-directors-and-trustees/): Directors in a stock corporation are elected for a fixed term of one (1) year and must be holders of stocks registered in the corporation’s books (SEC.
- [What are the fundamental roles and responsibilities of the board of directors or trustees?](https://ndvlaw.com/what-are-the-fundamental-roles-and-responsibilities-of-the-board-of-directors-or-trustees/): The board of directors or trustees is vested with the power to exercise the corporate powers, which are the fundamental legal capabilities of the entity (SEC.
- [What procedure is followed if a corporation commences business but becomes continuously inoperative?](https://ndvlaw.com/what-procedure-is-followed-if-a-corporation-commences-business-but-becomes-continuously-inoperative/): If a corporation has commenced its business but subsequently becomes inoperative for a period of at least five (5) consecutive years, the SEC may place it under delinquent status after due notice and hearing (SEC.
- [What are the consequences if a corporation fails to formally organize and commence business?](https://ndvlaw.com/what-are-the-consequences-if-a-corporation-fails-to-formally-organize-and-commence-business/): If a corporation fails to formally organize and commence its business within five (5) years from the date of its incorporation, its certificate of incorporation is automatically deemed revoked (SEC.
- [What is the liability of persons who act as a corporation without proper authority?](https://ndvlaw.com/what-is-the-liability-of-persons-who-act-as-a-corporation-without-proper-authority/): All persons who assume to act as a corporation knowing they lack the authority to do so shall be liable as general partners for any resulting debts, liabilities, and damages incurred (SEC.
- [How is the due incorporation of a de facto corporation challenged?](https://ndvlaw.com/how-is-the-due-incorporation-of-a-de-facto-corporation-challenged/): The due incorporation of any corporation claiming in good faith to be a de facto corporation and its right to exercise corporate powers shall not be inquired into collaterally in any private suit to which such corporation may be a party (SEC.
- [When does the corporate existence and juridical personality of a private corporation commence?](https://ndvlaw.com/when-does-the-corporate-existence-and-juridical-personality-of-a-private-corporation-commence/): The corporate existence and juridical personality of a private corporation organized under this Code commence from the date the SEC issues the certificate of incorporation under its official seal (SEC.
- [Under what conditions is a corporate name considered not distinguishable from an existing name?](https://ndvlaw.com/under-what-conditions-is-a-corporate-name-considered-not-distinguishable-from-an-existing-name/): A corporate name is considered not distinguishable if it contains generic additions such as the word “corporation”, “company”, “incorporated”, “limited”, “limited liability”, or an abbreviation of one of such words (SEC.
- [Name two specific grounds upon which the SEC may disapprove the Articles of Incorporation.](https://ndvlaw.com/name-two-specific-grounds-upon-which-the-sec-may-disapprove-the-articles-of-incorporation/): One ground for disapproval is if the Articles of Incorporation or any amendment thereto is not substantially in accordance with the form prescribed in the Code (SEC.
- [How must amendments to the Articles of Incorporation be indicated upon filing?](https://ndvlaw.com/how-must-amendments-to-the-articles-of-incorporation-be-indicated-upon-filing/): Amendments to the articles of incorporation must be clearly indicated by underscoring the change or changes made to the text (SEC.
- [What details regarding capital structure must a stock corporation's Articles of Incorporation set forth?](https://ndvlaw.com/what-details-regarding-capital-structure-must-a-stock-corporations-articles-of-incorporation-set-forth/): If the corporation is a stock corporation, its Articles of Incorporation must detail the amount of its authorized capital stock, the number of shares into which this capital stock is divided, and the par value of each share (SEC.
- [What is the requirement regarding minimum capital stock for stock corporations?](https://ndvlaw.com/what-is-the-requirement-regarding-minimum-capital-stock-for-stock-corporations/): Stock corporations are generally not required to have a minimum capital stock (SEC. 12, Revised Corporation Code of the Philippines).
- [Under what conditions may a corporation whose term has expired apply for revival?](https://ndvlaw.com/under-what-conditions-may-a-corporation-whose-term-has-expired-apply-for-revival/): A corporation whose specific term has expired may apply for the revival of its corporate existence, subject to fulfilling existing duties, debts, and liabilities prior to revival (SEC.
- [What is the term of existence for corporations formed prior to the effectivity of this Code?](https://ndvlaw.com/what-is-the-term-of-existence-for-corporations-formed-prior-to-the-effectivity-of-this-code/): Corporations with certificates of incorporation issued prior to the Revised Corporation Code’s effectivity, and which continue to exist, are granted perpetual existence by default (SEC.
- [What are the requirements for natural persons organizing a corporation regarding their number and qualifications?](https://ndvlaw.com/what-are-the-requirements-for-natural-persons-organizing-a-corporation-regarding-their-number-and-qualifications/): A corporation may be organized by any person, partnership, association, or corporation, provided the total number of incorporators is not more than fifteen (15) (SEC.
- [How are treasury shares defined, and how may they be subsequently disposed of?](https://ndvlaw.com/how-are-treasury-shares-defined-and-how-may-they-be-subsequently-disposed-of/): Treasury shares are defined as shares of stock that have been previously issued and fully paid for, but which the issuing corporation subsequently reacquires (SEC.
- [Under what condition may a corporation purchase its own redeemable shares despite the rule on retained earnings?](https://ndvlaw.com/under-what-condition-may-a-corporation-purchase-its-own-redeemable-shares-despite-the-rule-on-retained-earnings/): Redeemable shares are those which the corporation is authorized to purchase back from the holders upon the expiration of a fixed period (SEC.
- [What limitations are imposed on the exclusive voting rights granted to Founders’ Shares?](https://ndvlaw.com/what-limitations-are-imposed-on-the-exclusive-voting-rights-granted-to-founders-shares/): The exclusive right granted to Founders’ Shares, allowing holders to vote and be voted for in the election of directors, is subject to a strict time limitation (SEC.
- [What is the minimum consideration and accounting treatment for no-par value shares?](https://ndvlaw.com/what-is-the-minimum-consideration-and-accounting-treatment-for-no-par-value-shares/): No-par value shares must be issued for a consideration of at least Five pesos (P5.00) per share (SEC. 6, Revised Corporation Code of the Philippines).
- [Which specific financial corporations are prohibited from issuing no-par value shares?](https://ndvlaw.com/which-specific-financial-corporations-are-prohibited-from-issuing-no-par-value-shares/): The issuance of no-par value shares is strictly prohibited for several types of financial and public interest corporations (SEC.
- [On which fundamental corporate matters must nonvoting shares be entitled to vote?](https://ndvlaw.com/on-which-fundamental-corporate-matters-must-nonvoting-shares-be-entitled-to-vote/): Holders of nonvoting shares are granted the statutory right to vote on several fundamental corporate matters crucial to their economic interests (SEC.
- [What fundamental right must always be retained by at least one class of shares?](https://ndvlaw.com/what-fundamental-right-must-always-be-retained-by-at-least-one-class-of-shares/): While certain shares, such as preferred or redeemable shares, may be deprived of voting rights, the Code mandates that there shall always be a class or series of shares with complete voting rights (SEC.
- [What is the distinction between a corporator and an incorporator?](https://ndvlaw.com/what-is-the-distinction-between-a-corporator-and-an-incorporator/): Corporators are generally defined as all individuals who compose a corporation, whether they hold shares in a stock corporation or are merely members in a nonstock corporation (SEC.
- [Under what condition may a corporation purchase its own redeemable shares despite the rule on retained earnings?](https://ndvlaw.com/under-what-condition-may-a-corporation-purchase-its-own-redeemable-shares-despite-the-rule-on-retained-earnings-2/): Redeemable shares are those which the corporation is authorized to purchase back from the holders upon the expiration of a fixed period (SEC.
- [How are corporations created by special laws governed, relative to the Code?](https://ndvlaw.com/how-are-corporations-created-by-special-laws-governed-relative-to-the-code/): Corporations established by special laws or specific charters are primarily governed by the unique provisions contained within that special law or charter (SEC.
- [What are the two primary classes of corporations recognized by the Code?](https://ndvlaw.com/what-are-the-two-primary-classes-of-corporations-recognized-by-the-code/): Corporations formed under this Code are broadly classified into either stock or nonstock corporations (SEC. 3, Revised Corporation Code of the Philippines).
- [What is the fundamental definition of a corporation under the Code?](https://ndvlaw.com/what-is-the-fundamental-definition-of-a-corporation-under-the-code/): A corporation is legally defined as an artificial being, meaning it is an entity distinct from its owners, which is established exclusively by the operation of law (SEC.
- [Job Offer and Employment](https://ndvlaw.com/job-offer-and-employment/): This article examines the legal implications of job offers in Philippine labor law, particularly the point at which an employment contract is deemed perfected.
- [Effect on Employee Wage for Work Suspensions Due to Weather Disturbances](https://ndvlaw.com/effect-on-employee-wage-for-work-suspensions-due-to-weather-disturbances/): This article talks about the rights of employers and employees during work suspension based on weather disturbances, including payment and non-payment of wages during such time.
- [Retention of Employee Records After Resignation](https://ndvlaw.com/retention-of-employee-records-after-resignation/): This article discusses the legal obligations of employers regarding the retention of personal data of former employees based on the Data Privacy Act, Labor Code of the Philippines and other related issuances.
- [Validity of Quitclaims and Waivers in Philippine Labor Law](https://ndvlaw.com/validity-of-quitclaims-and-waivers-in-philippine-labor-law/): This article explores the legal standards governing the execution and enforceability of quitclaims, waivers, and releases in labor disputes.
- [Employer Liability for Workplace Sexual Harassment](https://ndvlaw.com/employer-liability-for-workplace-sexual-harassment/): Sexual harassment is a pervasive issue that affects individuals across all sectors and ranks. In the workplace, it undermines dignity, safety, and productivity.
- [Compensation of Directors or Trustees of a Corporation](https://ndvlaw.com/compensation-of-directors-or-trustees-of-a-corporation/): Directors and trustees of a corporation are not automatically entitled to compensation for their services.
- [Can the Board of Directors of a corporation create an executive or management committee or special committees?](https://ndvlaw.com/can-the-board-of-directors-of-a-corporation-create-an-executive-or-management-committee-or-special-committees/): Can the Board of Directors of a corporation create an executive or management committee or special committees?
- [What is the liability of a director who acquires a business opportunity that should be given to the corporation?](https://ndvlaw.com/what-is-the-liability-of-a-director-who-acquires-a-business-opportunity-that-should-be-given-to-the-corporation/): What is the liability of a director who acquires a business opportunity that should be given to the corporation?
- [Are contracts between corporations with similar or interlocking directors valid?](https://ndvlaw.com/are-contracts-between-corporations-with-similar-or-interlocking-directors-valid/): Are contracts between corporations with similar or interlocking directors valid?
- [What is the liability of a director or trustee of a corporation?](https://ndvlaw.com/what-is-the-liability-of-a-director-or-trustee-of-a-corporation/): What is the liability of a director or trustee of a corporation?
- [Are the directors or trustees of a corporation entitled to salary, wage or compensation?](https://ndvlaw.com/are-the-directors-or-trustees-of-a-corporation-entitled-to-salary-wage-or-compensation/): Are the directors or trustees of a corporation entitled to salary, wage or compensation?
- [What is a Secretary’s Certificate?](https://ndvlaw.com/what-is-a-secretarys-certificate-2/): What is a Secretary’s Certificate?
- [What is the Minimum Number of Shares of Stock to Form a Corporation?](https://ndvlaw.com/what-is-the-minimum-number-of-shares-of-stock-to-form-a-corporation-2/): What is the Minimum Number of Shares of Stock to Form a Corporation?
- [How Many Incorporators are Required to Form a Corporation?](https://ndvlaw.com/how-many-incorporators-are-required-to-form-a-corporation-2/): How Many Incorporators are Required to Form a Corporation?
- [What are the powers of a corporation?](https://ndvlaw.com/what-are-the-powers-of-a-corporation/): What are the powers of a corporation?
- [How are vacancies in the board of directors or trustees filled up?](https://ndvlaw.com/how-are-vacancies-in-the-board-of-directors-or-trustees-filled-up/): How are vacancies in the board of directors or trustees filled up?
- [How can you remove a director of a corporation?](https://ndvlaw.com/how-can-you-remove-a-director-of-a-corporation/): How can you remove a director of a corporation?
- [Who are disqualified from serving as directors of a corporation in the Philippines?](https://ndvlaw.com/who-are-disqualified-from-serving-as-directors-of-a-corporation-in-the-philippines/): Who are disqualified from serving as directors of a corporation in the Philippines?
- [What is the effect of non-operation of a corporation in the Philippines?](https://ndvlaw.com/what-is-the-effect-of-non-operation-of-a-corporation-in-the-philippines/): What is the effect of non-operation of a corporation in the Philippines?
- [What information or details must be stated in the Articles of Incorporation of a corporation?](https://ndvlaw.com/what-information-or-details-must-be-stated-in-the-articles-of-incorporation-of-a-corporation/): What information or details must be stated in the Articles of Incorporation of a corporation?
- [How long is the life of a corporation in the Philippines?](https://ndvlaw.com/how-long-is-the-life-of-a-corporation-in-the-philippines/): How long is the life of a corporation in the Philippines?
- [What are treasury shares of a corporation?](https://ndvlaw.com/what-are-treasury-shares-of-a-corporation/): What are treasury shares of a corporation?
- [What are redeemable shares of a corporation?](https://ndvlaw.com/what-are-redeemable-shares-of-a-corporation/): What are redeemable shares of a corporation?
- [Are all stockholders in a corporation eligible to vote on corporate matters?](https://ndvlaw.com/are-all-stockholders-in-a-corporation-eligible-to-vote-on-corporate-matters/): Are all stockholders in a corporation eligible to vote on corporate matters?
- [What is a stock corporation?](https://ndvlaw.com/what-is-a-stock-corporation/): What is a stock corporation?
- [How can employees avoid losing holiday pay due to absences?](https://ndvlaw.com/how-can-employees-avoid-losing-holiday-pay-due-to-absences/): How can employees avoid losing holiday pay due to absences?
- [What if there are two successive regular holidays and the employee is absent on the day before the first holiday but is present on the first holiday?](https://ndvlaw.com/what-if-there-are-two-successive-regular-holidays-and-the-employee-is-absent-on-the-day-before-the-first-holiday-but-is-present-on-the-first-holiday/): What if there are two successive regular holidays and the employee is absent on the day before the first holiday but is present on the first holiday?
- [What if there are two successive regular holidays and the employee is absent on the day before the first holiday?](https://ndvlaw.com/what-if-there-are-two-successive-regular-holidays-and-the-employee-is-absent-on-the-day-before-the-first-holiday/): What if there are two successive regular holidays and the employee is absent on the day before the first holiday?
- [Are employees on leave entitled to holiday pay?](https://ndvlaw.com/are-employees-on-leave-entitled-to-holiday-pay/): Are employees on leave entitled to holiday pay?
- [Is an employee entitled to holiday pay if he is absent on the day before the holiday which is a non-working day?](https://ndvlaw.com/is-an-employee-entitled-to-holiday-pay-if-he-is-absent-on-the-day-before-the-holiday-which-is-a-non-working-day/): Is an employee entitled to holiday pay if he is absent on the day before the holiday which is a non-working day?
- [Is an employee entitled to holiday pay if he is absent on the day before the holiday which is his rest day?](https://ndvlaw.com/is-an-employee-entitled-to-holiday-pay-if-he-is-absent-on-the-day-before-the-holiday-which-is-his-rest-day/): Is an employee entitled to holiday pay if he is absent on the day before the holiday which is his rest day?
- [If an employee is absent before a regular holiday, is he entitled to holiday pay?](https://ndvlaw.com/if-an-employee-is-absent-before-a-regular-holiday-is-he-entitled-to-holiday-pay/): If an employee is absent before a regular holiday, is he entitled to holiday pay?
- [Is it necessary for the Philippines to be at war in order for one to be convicted of the crime of conspiracy and proposal to commit treason?](https://ndvlaw.com/is-it-necessary-for-the-philippines-to-be-at-war-in-order-for-one-to-be-convicted-of-the-crime-of-conspiracy-and-proposal-to-commit-treason/): Is it necessary for the Philippines to be at war in order for one to be convicted of the crime of conspiracy and proposal to commit treason?
- [Is the two-witness rule required for conviction oof conspiracy or proposal to commit treason?](https://ndvlaw.com/is-the-two-witness-rule-required-for-conviction-oof-conspiracy-or-proposal-to-commit-treason/): Is the two-witness rule required for conviction oof conspiracy or proposal to commit treason?
- [What are the penalties for conspiracy and proposal to commit treason?](https://ndvlaw.com/what-are-the-penalties-for-conspiracy-and-proposal-to-commit-treason/): What are the penalties for conspiracy and proposal to commit treason?
- [What is the difference between conspiracy and proposal to commit treason?](https://ndvlaw.com/what-is-the-difference-between-conspiracy-and-proposal-to-commit-treason/): What is the difference between conspiracy and proposal to commit treason?
- [Are conspiracy or proposal to commit treason punishable?](https://ndvlaw.com/are-conspiracy-or-proposal-to-commit-treason-punishable/): Are conspiracy or proposal to commit treason punishable?
- [What are the modes of committing treason?](https://ndvlaw.com/what-are-the-modes-of-committing-treason/): What are the modes of committing treason?
- [Is treason considered a war crime?](https://ndvlaw.com/is-treason-considered-a-war-crime/): Is treason considered a war crime?
- [Can someone be convicted of treason based on one witness?](https://ndvlaw.com/can-someone-be-convicted-of-treason-based-on-one-witness/): Can someone be convicted of treason based on one witness?
- [What are the penalties for treason?](https://ndvlaw.com/what-are-the-penalties-for-treason/): What are the penalties for treason?
- [What is treason under Philippine law?](https://ndvlaw.com/what-is-treason-under-philippine-law/): What is treason under Philippine law?
- [Who can solemnize marriages in the Philippines?](https://ndvlaw.com/who-can-solemnize-marriages-in-the-philippines/): Who can solemnize marriages in the Philippines?
- [Is the marriage between a step-parent and his/her step-child valid?](https://ndvlaw.com/is-the-marriage-between-a-step-parent-and-his-her-step-child-valid/): Is the marriage between a step-parent and his/her step-child valid?
- [Is the marriage between a son-in-law and mother-in-law valid?](https://ndvlaw.com/is-the-marriage-between-a-son-in-law-and-mother-in-law-valid/): Is the marriage between a son-in-law and mother-in-law valid?
- [Is the marriage between second cousins valid?](https://ndvlaw.com/is-the-marriage-between-second-cousins-valid/): Is the marriage between second cousins valid?
- [Is the marriage between half brother and sister valid?](https://ndvlaw.com/is-the-marriage-between-half-brother-and-sister-valid/): Is the marriage between half brother and sister valid?
- [Is the marriage between first cousins valid?](https://ndvlaw.com/is-the-marriage-between-first-cousins-valid/): Is the marriage between first cousins valid?
- [Is the marriage between the adopter and his/her adopted child valid?](https://ndvlaw.com/is-the-marriage-between-the-adopter-and-his-her-adopted-child-valid/): Is the marriage between the adopter and his/her adopted child valid?
- [Is the marriage between the adopted children of the same adopter valid?](https://ndvlaw.com/is-the-marriage-between-the-adopted-children-of-the-same-adopter-valid/): Is the marriage between the adopted children of the same adopter valid?
- [Is the marriage between the adopted child and legitimate child of the same adopter valid?](https://ndvlaw.com/is-the-marriage-between-the-adopted-child-and-legitimate-child-of-the-same-adopter-valid/): Is the marriage between the adopted child and legitimate child of the same adopter valid?
- [Can I have my marriage declared void if I discovered that my husband was already married when he married me?](https://ndvlaw.com/can-i-have-my-marriage-declared-void-if-i-discovered-that-my-husband-was-already-married-when-he-married-me/): Can I have my marriage declared void if I discovered that my husband was already married when he married me?
- [Can I have my marriage declared void if I was only a minor when I got married?](https://ndvlaw.com/can-i-have-my-marriage-declared-void-if-i-was-only-a-minor-when-i-got-married/): Can I have my marriage declared void if I was only a minor when I got married?
- [Can I file for legal separation if both of us have agreed already to file the petition?](https://ndvlaw.com/can-i-file-for-legal-separation-if-both-of-us-have-agreed-already-to-file-the-petition/): Can I file for legal separation if both of us have agreed already to file the petition?
- [Can I file for legal separation if both of us are guilty or at fault?](https://ndvlaw.com/can-i-file-for-legal-separation-if-both-of-us-are-guilty-or-at-fault/): Can I file for legal separation if both of us are guilty or at fault?
- [Can I file for annulment if the name of my wife in the marriage license or marriage certificate is wrong?](https://ndvlaw.com/can-i-file-for-annulment-if-the-name-of-my-wife-in-the-marriage-license-or-marriage-certificate-is-wrong/): Can I file for annulment if the name of my wife in the marriage license or marriage certificate is wrong?
- [Can I file for declaration of nullity of marriage if we got married with no marriage license?](https://ndvlaw.com/can-i-file-for-declaration-of-nullity-of-marriage-if-we-got-married-with-no-marriage-license/): Can I file for declaration of nullity of marriage if we got married with no marriage license?
- [What happens to assets distributable to an unknown or unfound creditor, stockholder, or member during liquidation?](https://ndvlaw.com/what-happens-to-assets-distributable-to-an-unknown-or-unfound-creditor-stockholder-or-member-during-liquidation/): Except for assets distributed under specific nonstock corporation rules (Sections 93 and 94), upon the winding up of corporate affairs, any asset distributable to a creditor, stockholder, or member who is unknown or cannot be found shall be escheated in favor of the national government (SEC.
- [For how long can a dissolved corporation continue its corporate existence for liquidation purposes?](https://ndvlaw.com/for-how-long-can-a-dissolved-corporation-continue-its-corporate-existence-for-liquidation-purposes/): Except for banks, which are covered by specific banking laws, every corporation whose charter expires or is annulled shall nevertheless remain as a body corporate for three (3) years after the effective date of dissolution (SEC.
- [What is the rule concerning the forfeiture of assets of a corporation involuntarily dissolved for illegal acts?](https://ndvlaw.com/what-is-the-rule-concerning-the-forfeiture-of-assets-of-a-corporation-involuntarily-dissolved-for-illegal-acts/): If a corporation is ordered dissolved by final judgment for committing or aiding in securities violations, money laundering, or graft and corrupt practices, its assets, after payment of its liabilities, shall be forfeited in favor of the national government (SEC.
- [What are the four grounds upon which the SEC may dissolve a corporation involuntarily?](https://ndvlaw.com/what-are-the-four-grounds-upon-which-the-sec-may-dissolve-a-corporation-involuntarily/): A corporation may be dissolved involuntarily by the SEC motu proprio or upon the filing of a verified complaint by any interested party (SEC.
- [What is the maximum deadline for withdrawing a request for voluntary dissolution (where no creditors are affected)?](https://ndvlaw.com/what-is-the-maximum-deadline-for-withdrawing-a-request-for-voluntary-dissolution-where-no-creditors-are-affected/): A withdrawal of the request for dissolution must be made in writing, duly verified by an incorporator, director, trustee, shareholder, or member (SEC.
- [How does dissolution take effect when the corporate term is shortened?](https://ndvlaw.com/how-does-dissolution-take-effect-when-the-corporate-term-is-shortened/): A voluntary dissolution may be effected by amending the articles of incorporation specifically to shorten the corporate term (SEC.
- [When creditors are affected by a voluntary dissolution, what is the required vote and what must the verified petition set forth?](https://ndvlaw.com/when-creditors-are-affected-by-a-voluntary-dissolution-what-is-the-required-vote-and-what-must-the-verified-petition-set-forth/): If the dissolution may prejudice the rights of any creditor, a verified petition for dissolution must be filed with the SEC, signed by a majority of the board of directors or trustees (SEC.
- [What is the procedure for voluntary dissolution when no creditors are affected?](https://ndvlaw.com/what-is-the-procedure-for-voluntary-dissolution-when-no-creditors-are-affected/): Voluntary dissolution where no creditors are prejudiced requires approval by a majority vote of the board of directors or trustees (SEC.
- [What must legal heirs do within sixty (60) days after the transfer of shares following the death of an OPC's single stockholder?](https://ndvlaw.com/what-must-legal-heirs-do-within-sixty-60-days-after-the-transfer-of-shares-following-the-death-of-an-opcs-single-stockholder/): In the event of the death of the single stockholder, the nominee or alternate nominee must transfer the shares to the designated legal heir or estate within seven (7) days of receiving the legal declaration of heirship (SEC.
- [What is the liability rule applied to a sole shareholder of an OPC regarding corporate debts?](https://ndvlaw.com/what-is-the-liability-rule-applied-to-a-sole-shareholder-of-an-opc-regarding-corporate-debts/): A sole shareholder of a One Person Corporation who claims limited liability bears the affirmative burden of proving that the corporation was adequately financed (SEC.
- [What is the purpose of designating a nominee and an alternate nominee in a One Person Corporation?](https://ndvlaw.com/what-is-the-purpose-of-designating-a-nominee-and-an-alternate-nominee-in-a-one-person-corporation/): The single stockholder must designate both a nominee and an alternate nominee, and their purpose is to ensure the continuity of management (SEC.
- [What are two special functions of the Corporate Secretary in a One Person Corporation related to the single stockholder's status?](https://ndvlaw.com/what-are-two-special-functions-of-the-corporate-secretary-in-a-one-person-corporation-related-to-the-single-stockholders-status/): The corporate secretary in a One Person Corporation has special functions beyond typical secretarial duties related to the single stockholder's status (SEC.
- [What financial requirement is imposed on a single stockholder who acts as the self-appointed treasurer of an OPC?](https://ndvlaw.com/what-financial-requirement-is-imposed-on-a-single-stockholder-who-acts-as-the-self-appointed-treasurer-of-an-opc/): The single stockholder of a One Person Corporation may, in certain cases, appoint themselves as the treasurer of the corporation (SEC.
- [What officer positions are automatically assumed by the single stockholder in a One Person Corporation?](https://ndvlaw.com/what-officer-positions-are-automatically-assumed-by-the-single-stockholder-in-a-one-person-corporation/): In a One Person Corporation, the single stockholder shall automatically be the sole director and president of the corporation (SEC.
- [Who may form a One Person Corporation (OPC), and what restrictions apply to the incorporator?](https://ndvlaw.com/who-may-form-a-one-person-corporation-opc-and-what-restrictions-apply-to-the-incorporator/): A One Person Corporation (OPC) is defined as a corporation with a single stockholder (SEC. 116, Revised Corporation Code of the Philippines).
- [What are the requirements and vote for a religious society to incorporate?](https://ndvlaw.com/what-are-the-requirements-and-vote-for-a-religious-society-to-incorporate/): A religious society may incorporate upon the written consent and/or by an affirmative vote at a meeting called for the purpose of at least two-thirds (2/3) of its membership (SEC.
- [How is a vacancy in the office of the chief archbishop or presiding elder of a corporation sole filled?](https://ndvlaw.com/how-is-a-vacancy-in-the-office-of-the-chief-archbishop-or-presiding-elder-of-a-corporation-sole-filled/): The successors in office of any chief archbishop, bishop, priest, minister, rabbi, or presiding elder shall become the corporation sole on their accession to office (SEC.
- [What is the exception to the rule requiring court intervention for the alienation of property by a corporation sole?](https://ndvlaw.com/what-is-the-exception-to-the-rule-requiring-court-intervention-for-the-alienation-of-property-by-a-corporation-sole/): Court intervention is generally required for a corporation sole to sell or mortgage real property, necessitating an order from the Regional Trial Court (SEC.
- [What must a corporation sole do before it can sell or mortgage real property held by it?](https://ndvlaw.com/what-must-a-corporation-sole-do-before-it-can-sell-or-mortgage-real-property-held-by-it/): A corporation sole may purchase and hold real and personal property for its church or benevolent purposes, and it may receive bequests or gifts for such purposes (SEC.
- [What mandatory documentation must accompany the articles of incorporation of a corporation sole upon filing with the SEC?](https://ndvlaw.com/what-mandatory-documentation-must-accompany-the-articles-of-incorporation-of-a-corporation-sole-upon-filing-with-the-sec/): The articles of incorporation for a corporation sole must be verified by affidavit or affirmation of the chief archbishop, bishop, priest, minister, rabbi, or presiding elder (SEC.
- [Who is authorized to form a corporation sole, and for what purpose?](https://ndvlaw.com/who-is-authorized-to-form-a-corporation-sole-and-for-what-purpose/): A corporation sole may be formed by the chief archbishop, bishop, priest, minister, rabbi, or other presiding elder of any religious denomination, sect, or church (SEC.
- [What are the requirements for the number and term of trustees for an educational institution organized as a nonstock corporation?](https://ndvlaw.com/what-are-the-requirements-for-the-number-and-term-of-trustees-for-an-educational-institution-organized-as-a-nonstock-corporation/): Trustees of educational institutions organized as nonstock corporations shall be not less than five (5) nor more than fifteen (15), provided that the total number of trustees must be in multiples of five (5) (SEC.
- [What is the dual basis for a stockholder to compel the corporation to purchase shares or compel its dissolution in a close corporation?](https://ndvlaw.com/what-is-the-dual-basis-for-a-stockholder-to-compel-the-corporation-to-purchase-shares-or-compel-its-dissolution-in-a-close-corporation/): A stockholder of a close corporation may compel the corporation to purchase their shares at fair value, which must be not less than the par or issued value, only when the corporation has sufficient assets in its books to cover its debts and liabilities exclusive of capital stock (SEC.
- [What are the four remedial orders the SEC may issue when arbitrating a close corporation deadlock?](https://ndvlaw.com/what-are-the-four-remedial-orders-the-sec-may-issue-when-arbitrating-a-close-corporation-deadlock/): When arbitrating a deadlock, the SEC has broad authority to make appropriate orders to resolve the dispute (SEC.
- [What must occur before the SEC exercises its power to arbitrate a deadlock in a close corporation?](https://ndvlaw.com/what-must-occur-before-the-sec-exercises-its-power-to-arbitrate-a-deadlock-in-a-close-corporation/): The SEC’s power to arbitrate a deadlock can be invoked only if the directors or stockholders are so divided on the management of the corporation’s business and affairs that the votes required for a corporate action cannot be obtained (SEC.
- [What is the required supermajority vote to amend the articles of incorporation of a close corporation when deleting certain provisions?](https://ndvlaw.com/what-is-the-required-supermajority-vote-to-amend-the-articles-of-incorporation-of-a-close-corporation-when-deleting-certain-provisions/): Any amendment to the articles of incorporation that seeks to delete or remove any provision required by Title XII (Close Corporations), or to reduce a quorum or voting requirement previously stated in the articles, requires a supermajority vote (SEC.
- [What is the extent of the preemptive right of stockholders in a close corporation?](https://ndvlaw.com/what-is-the-extent-of-the-preemptive-right-of-stockholders-in-a-close-corporation/): The preemptive right of stockholders in a close corporation is broader than in an ordinary stock corporation (SEC.
- [Under what condition is a board meeting in a close corporation considered unnecessary or improperly held but still deemed valid?](https://ndvlaw.com/under-what-condition-is-a-board-meeting-in-a-close-corporation-considered-unnecessary-or-improperly-held-but-still-deemed-valid/): Unless the bylaws provide otherwise, any action taken by the directors of a close corporation without a meeting called properly and with due notice shall nevertheless be deemed valid under four specific conditions (SEC.
- [What agreement provision relating to corporate affairs is permitted among stockholders of a close corporation that would normally be restricted?](https://ndvlaw.com/what-agreement-provision-relating-to-corporate-affairs-is-permitted-among-stockholders-of-a-close-corporation-that-would-normally-be-restricted/): A written agreement among some or all of the stockholders in a close corporation is explicitly permitted to relate to the conduct of the business and affairs of the corporation (SEC.
- [What are the consequences if stock in a close corporation is issued or transferred in breach of a qualifying condition stated conspicuously on the certificate?](https://ndvlaw.com/what-are-the-consequences-if-stock-in-a-close-corporation-is-issued-or-transferred-in-breach-of-a-qualifying-condition-stated-conspicuously-on-the-certificate/): If a stock is issued or transferred in breach of a conspicuously stated qualifying condition, the transferee is conclusively presumed to have notice of the fact of the ineligibility to be a stockholder (SEC.
- [What legal mechanism is required for a restriction on share transfer in a close corporation to avoid being considered overly burdensome?](https://ndvlaw.com/what-legal-mechanism-is-required-for-a-restriction-on-share-transfer-in-a-close-corporation-to-avoid-being-considered-overly-burdensome/): The restrictions imposed on share transfer in a close corporation shall not be more onerous than granting the existing stockholders or the corporation the option to purchase the shares of the transferring stockholder (SEC.
- [Where must restrictions on the transfer of shares in a close corporation appear to be binding on a purchaser in good faith?](https://ndvlaw.com/where-must-restrictions-on-the-transfer-of-shares-in-a-close-corporation-appear-to-be-binding-on-a-purchaser-in-good-faith/): Restrictions on the right to transfer shares in a close corporation must appear in three mandatory locations to be binding on any purchaser in good faith (SEC.
- [What are the four types of entities that are prohibited from being incorporated as a close corporation.](https://ndvlaw.com/what-are-the-four-types-of-entities-that-are-prohibited-from-being-incorporated-as-a-close-corporation/): Although any corporation may generally be incorporated as a close corporation, several specific types of entities are explicitly excluded (SEC.
- [What three provisions must the articles of incorporation of a close corporation contain regarding its stock?](https://ndvlaw.com/what-three-provisions-must-the-articles-of-incorporation-of-a-close-corporation-contain-regarding-its-stock/): A close corporation is defined as one whose articles of incorporation provide three specific restrictions regarding its issued stock (SEC.
- [How are assets received for specific purposes (charitable, religious) but not subject to return distributed upon nonstock dissolution?](https://ndvlaw.com/how-are-assets-received-for-specific-purposes-charitable-religious-but-not-subject-to-return-distributed-upon-nonstock-dissolution/): Assets received and held by the corporation subject to limitations permitting their use only for charitable, religious, benevolent, educational, or similar purposes, but not held upon a condition requiring return, must be transferred to specific similar organizations (SEC.
- [What are the initial two steps required for the distribution of assets during the dissolution of a nonstock corporation?](https://ndvlaw.com/what-are-the-initial-two-steps-required-for-the-distribution-of-assets-during-the-dissolution-of-a-nonstock-corporation/): The distribution process begins by mandating that all liabilities and obligations of the corporation shall be paid, satisfied, and discharged, or adequate provision shall be made for these obligations (SEC.
- [What restrictions apply to the place of meetings for members of a nonstock corporation?](https://ndvlaw.com/what-restrictions-apply-to-the-place-of-meetings-for-members-of-a-nonstock-corporation/): While the bylaws may authorize members of a nonstock corporation to hold their regular or special meetings at any place, even outside the principal office of the corporation, a specific geographic restriction remains (SEC.
- [What are the requirements concerning the number and term of office for trustees in nonstock corporations?](https://ndvlaw.com/what-are-the-requirements-concerning-the-number-and-term-of-office-for-trustees-in-nonstock-corporations/): The number of trustees in a nonstock corporation shall be fixed in the articles of incorporation or bylaws, and this number may or may not be more than fifteen (15) (SEC.
- [What is the effect of the termination of membership in a nonstock corporation?](https://ndvlaw.com/what-is-the-effect-of-the-termination-of-membership-in-a-nonstock-corporation/): Termination of membership in a nonstock corporation is carried out in the manner and for the causes provided in the articles of incorporation or the bylaws (SEC.
- [What is the general rule regarding the transferability of membership and rights in a nonstock corporation?](https://ndvlaw.com/what-is-the-general-rule-regarding-the-transferability-of-membership-and-rights-in-a-nonstock-corporation/): The general rule established by the Code is that membership in a nonstock corporation, along with all rights arising therefrom, are personal and non-transferable (SEC.
- [What is the default voting right of a member in a nonstock corporation?](https://ndvlaw.com/what-is-the-default-voting-right-of-a-member-in-a-nonstock-corporation/): The right of members of any class to vote may be limited, broadened, or denied, provided this is explicitly specified in the articles of incorporation or the bylaws (SEC.
- [What types of purposes may nonstock corporations be formed or organized for?](https://ndvlaw.com/what-types-of-purposes-may-nonstock-corporations-be-formed-or-organized-for/): Nonstock corporations may be formed or organized for a wide array of non-profit purposes (SEC. 87, Revised Corporation Code of the Philippines).
- [What is the fundamental definition of a nonstock corporation regarding its income?](https://ndvlaw.com/what-is-the-fundamental-definition-of-a-nonstock-corporation-regarding-its-income/): For the purposes of this Code, a nonstock corporation is fundamentally defined as one where no part of its income is distributable as dividends to its members, trustees, or officers (SEC.
- [What is the effect of a dissenting stockholder's demand for payment on their corporate rights, and when are those rights restored?](https://ndvlaw.com/what-is-the-effect-of-a-dissenting-stockholders-demand-for-payment-on-their-corporate-rights-and-when-are-those-rights-restored/): From the moment the demand for payment of the fair value of shares is made until either the corporate action is abandoned or the corporation purchases the shares, all rights accruing to such shares, including voting and dividend rights, shall be suspended (SEC.
- [What happens if a corporation and a withdrawing stockholder cannot agree on the fair value of shares during the appraisal process?](https://ndvlaw.com/what-happens-if-a-corporation-and-a-withdrawing-stockholder-cannot-agree-on-the-fair-value-of-shares-during-the-appraisal-process/): If the withdrawing stockholder and the corporation fail to agree on the fair value of the shares within sixty (60) days from the approval of the corporate action, the value must be determined and appraised by three disinterested persons (SEC.
- [How must a dissenting stockholder exercise the right of appraisal, and what is the deadline?](https://ndvlaw.com/how-must-a-dissenting-stockholder-exercise-the-right-of-appraisal-and-what-is-the-deadline/): A dissenting stockholder who votes against the proposed corporate action must exercise the right of appraisal by making a written demand on the corporation for the payment of the fair value of shares held (SEC.
- [What are the four instances where a stockholder of a corporation may exercise the right of appraisal?](https://ndvlaw.com/what-are-the-four-instances-where-a-stockholder-of-a-corporation-may-exercise-the-right-of-appraisal/): A stockholder is granted the right to dissent and demand payment of the fair value of their shares in four primary instances (SEC.
- [What is the effect of a merger or consolidation on the assets and liabilities of the constituent corporations?](https://ndvlaw.com/what-is-the-effect-of-a-merger-or-consolidation-on-the-assets-and-liabilities-of-the-constituent-corporations/): Upon the effectiveness of the merger or consolidation, the surviving or consolidated corporation shall possess all the rights, privileges, immunities, and franchises of each constituent corporation (SEC.
- [What is the final step for a merger or consolidation to become legally effective?](https://ndvlaw.com/what-is-the-final-step-for-a-merger-or-consolidation-to-become-legally-effective/): The articles of merger or consolidation, after being signed and certified by the constituent corporations, must be submitted to the SEC for its approval (SEC.
- [What vote is required from the boards and the stockholders for the approval of a plan of merger or consolidation?](https://ndvlaw.com/what-vote-is-required-from-the-boards-and-the-stockholders-for-the-approval-of-a-plan-of-merger-or-consolidation/): Upon the board of directors or trustees of each constituent corporation approving the plan of merger or consolidation by a majority vote, the plan must then be submitted for approval to the owners (SEC.
- [When is the deadline for a corporation to furnish a stockholder with its most recent financial statement upon written request?](https://ndvlaw.com/when-is-the-deadline-for-a-corporation-to-furnish-a-stockholder-with-its-most-recent-financial-statement-upon-written-request/): A corporation is mandated to furnish a stockholder or member with its most recent financial statement within ten (10) days from receipt of their written request (SEC.
- [What information must be contained in the Stock and Transfer Book?](https://ndvlaw.com/what-information-must-be-contained-in-the-stock-and-transfer-book/): Stock corporations must keep a stock and transfer book, which contains a record of all stocks in the names of the stockholders, arranged alphabetically (SEC.
- [What constitutes a valid defense for an officer or agent who refuses to allow the inspection of corporate records?](https://ndvlaw.com/what-constitutes-a-valid-defense-for-an-officer-or-agent-who-refuses-to-allow-the-inspection-of-corporate-records/): It shall be a valid defense to any action concerning refusal to allow inspection that the person demanding to examine the records has improperly used any information secured through any prior examination of the records of that corporation or any other corporation (SEC.
- [What confidentiality rules bind a party inspecting or reproducing corporate records?](https://ndvlaw.com/what-confidentiality-rules-bind-a-party-inspecting-or-reproducing-corporate-records/): The inspecting or reproducing party, whether a director, trustee, stockholder, or member, shall remain bound by confidentiality rules under prevailing laws (SEC.
- [What must a corporation carefully preserve at its principal office regarding records and resolutions?](https://ndvlaw.com/what-must-a-corporation-carefully-preserve-at-its-principal-office-regarding-records-and-resolutions/): Every corporation is mandated to keep and carefully preserve at its principal office a range of important information relating to its operations (SEC.
- [What is the procedure for a registered owner to obtain a new certificate of stock to replace one that is lost, stolen, or destroyed?](https://ndvlaw.com/what-is-the-procedure-for-a-registered-owner-to-obtain-a-new-certificate-of-stock-to-replace-one-that-is-lost-stolen-or-destroyed/): The registered owner or their legal representative must first file an affidavit in triplicate with the corporation, detailing, if possible, the circumstances of the loss, the number of shares, the serial number of the certificate, and the issuing corporation (SEC.
- [What stockholder rights are suspended for the holder of delinquent stock?](https://ndvlaw.com/what-stockholder-rights-are-suspended-for-the-holder-of-delinquent-stock/): No delinquent stock shall be voted for, be entitled to vote, or be represented at any stockholder’s meeting (SEC.
- [What are the necessary conditions and deadline for a court action seeking to question a delinquency sale?](https://ndvlaw.com/what-are-the-necessary-conditions-and-deadline-for-a-court-action-seeking-to-question-a-delinquency-sale/): No action to recover delinquent stock sold can be sustained on the ground of irregularity or defect in the notice or in the sale itself, unless the party first pays or tenders to the current holder the sum for which the stock was sold, plus interest at the legal rate from the date of sale (SEC.
- [Who is the winning bidder at a delinquency sale, and how are the resulting shares transferred?](https://ndvlaw.com/who-is-the-winning-bidder-at-a-delinquency-sale-and-how-are-the-resulting-shares-transferred/): The delinquent stock is sold at public auction to the bidder who offers to pay the full amount of the balance due, together with accrued interest, costs of advertisement, and expenses of sale, for the smallest number of shares or fraction of a share (SEC.
- [Describe the procedure and timing for conducting a delinquency sale.](https://ndvlaw.com/describe-the-procedure-and-timing-for-conducting-a-delinquency-sale/): The board of directors initiates a delinquency sale by resolution, which must specifically state the amount due on each subscription, including all accrued interest (SEC.
- [How is the interest rate determined for unpaid subscriptions, and what is the penalty for failure to pay the subscription balance when due?](https://ndvlaw.com/how-is-the-interest-rate-determined-for-unpaid-subscriptions-and-what-is-the-penalty-for-failure-to-pay-the-subscription-balance-when-due/): Subscribers are liable to the corporation for interest on all unpaid subscriptions from the date of subscription, provided this interest is stipulated in the subscription contract (SEC.
- [What is the liability imposed on directors or officers for issuing watered stocks?](https://ndvlaw.com/what-is-the-liability-imposed-on-directors-or-officers-for-issuing-watered-stocks/): A director or officer who consents to the issuance of stocks for a consideration less than its par or issued value is personally liable for the difference (SEC.
- [What financial condition must be met before a certificate of stock can be issued to a subscriber?](https://ndvlaw.com/what-financial-condition-must-be-met-before-a-certificate-of-stock-can-be-issued-to-a-subscriber/): No certificate of stock shall be issued to a subscriber until the full amount of the subscription has been paid (SEC.
- [What is necessary for the valid transfer of shares of stock, besides the delivery of the certificate?](https://ndvlaw.com/what-is-necessary-for-the-valid-transfer-of-shares-of-stock-besides-the-delivery-of-the-certificate/): Shares of stock are personal property and may be transferred by delivery of the certificate indorsed by the owner or their authorized representative (SEC.
- [When consideration for stocks is other than cash, who determines the valuation, and whose approval is required?](https://ndvlaw.com/when-consideration-for-stocks-is-other-than-cash-who-determines-the-valuation-and-whose-approval-is-required/): Where the consideration for the issuance of stock is something other than actual cash, such as property, or consists of intangible property like patents or copyrights, the initial valuation thereof is determined by the stockholders or the board of directors (SEC.
- [Name two types of consideration that are explicitly prohibited for the issuance of shares of stock.](https://ndvlaw.com/name-two-types-of-consideration-that-are-explicitly-prohibited-for-the-issuance-of-shares-of-stock/): Stocks shall not be issued for a consideration less than their par or issued price, a principle known as prohibiting "watered stock" (SEC.
- [What is the rule concerning the irrevocability of a pre-incorporation subscription?](https://ndvlaw.com/what-is-the-rule-concerning-the-irrevocability-of-a-pre-incorporation-subscription/): A subscription of shares in a corporation still to be formed, known as a pre-incorporation subscription, shall be irrevocable for a period of at least six (6) months from the date of subscription (SEC.
- [What specific unlawful purposes are prohibited for entering into a voting trust agreement?](https://ndvlaw.com/what-specific-unlawful-purposes-are-prohibited-for-entering-into-a-voting-trust-agreement/): No voting trust agreement shall be entered into for the purposes of circumventing the laws against anti-competitive agreements, abuse of dominant position, or anti-competitive mergers and acquisitions (SEC.
- [What is the general term limit for a voting trust agreement, and what is the exception?](https://ndvlaw.com/what-is-the-general-term-limit-for-a-voting-trust-agreement-and-what-is-the-exception/): A voting trust agreement may be created by one or more stockholders to confer upon a trustee the right to vote and other rights pertaining to the shares for a period not exceeding five (5) years at any time (SEC.
- [What are the requirements for proxies and their maximum period of validity?](https://ndvlaw.com/what-are-the-requirements-for-proxies-and-their-maximum-period-of-validity/): Proxies must be in writing, signed and filed by the stockholder or member, and submitted in any form authorized in the bylaws (SEC.
- [What is the rule for voting shares of stock owned jointly by two or more persons?](https://ndvlaw.com/what-is-the-rule-for-voting-shares-of-stock-owned-jointly-by-two-or-more-persons/): When shares are owned jointly by two or more persons, the consent of all co-owners shall be necessary for voting those shares (SEC.
- [Who has the right to vote shares in a stock corporation when the shares are subject to a security interest?](https://ndvlaw.com/who-has-the-right-to-vote-shares-in-a-stock-corporation-when-the-shares-are-subject-to-a-security-interest/): In cases where a stockholder grants a security interest in their shares (like a pledge or chattel mortgage), the stockholder-grantor shall retain the right to attend and vote at meetings of stockholders (SEC.
- [May directors or trustees attend and vote at board meetings via proxy or remote communication?](https://ndvlaw.com/may-directors-or-trustees-attend-and-vote-at-board-meetings-via-proxy-or-remote-communication/): Directors or trustees cannot attend or vote by proxy at board meetings, as their personal deliberation and judgment are deemed essential to the board's function (SEC.
- [What majority vote is required for the board of directors to transact corporate business, and what is the exception?](https://ndvlaw.com/what-majority-vote-is-required-for-the-board-of-directors-to-transact-corporate-business-and-what-is-the-exception/): To transact corporate business, a quorum must first be established, which generally consists of a majority of the directors or trustees as stated in the articles of incorporation (SEC.
- [What percentage of stock or membership constitutes a quorum for stockholders' meetings?](https://ndvlaw.com/what-percentage-of-stock-or-membership-constitutes-a-quorum-for-stockholders-meetings/): Unless otherwise provided in the Code or in the bylaws, a quorum for stockholders' meetings consists of the stockholders representing a majority of the outstanding capital stock (SEC.
- [What condition allows the proceedings of an improperly held or called meeting to remain valid?](https://ndvlaw.com/what-condition-allows-the-proceedings-of-an-improperly-held-or-called-meeting-to-remain-valid/): All proceedings and business transacted at a meeting of the stockholders or members, if within the corporation’s powers, shall be deemed valid even if the meeting was improperly held or called (SEC.
- [Where must stockholders’ or members’ meetings be held?](https://ndvlaw.com/where-must-stockholders-or-members-meetings-be-held/): Stockholders’ or members’ meetings, whether regular or special, must generally be held in the principal office of the corporation as designated in the articles of incorporation (SEC.
- [What is the default closing period for the stock and transfer book before regular and special meetings?](https://ndvlaw.com/what-is-the-default-closing-period-for-the-stock-and-transfer-book-before-regular-and-special-meetings/): Unless the bylaws provide for a longer period, the stock and transfer book must be closed at least twenty (20) days for regular meetings before the scheduled date of the meeting (SEC.
- [What is the rule concerning the waiver of notice for stockholder or member meetings?](https://ndvlaw.com/what-is-the-rule-concerning-the-waiver-of-notice-for-stockholder-or-member-meetings/): Notice of any meeting may be waived by any stockholder or member, either expressly or impliedly, such as by attending the meeting without immediately objecting (SEC.
- [Name two reports or statements that the board of directors must endeavor to present at each regular meeting.](https://ndvlaw.com/name-two-reports-or-statements-that-the-board-of-directors-must-endeavor-to-present-at-each-regular-meeting/): At each regular meeting, the board must endeavor to present a detailed, descriptive, balanced, and comprehensible assessment of the corporation’s performance, including information on any material change in business or strategy (SEC.
- [What are the default timing and notice requirements for regular meetings of stockholders or members?](https://ndvlaw.com/what-are-the-default-timing-and-notice-requirements-for-regular-meetings-of-stockholders-or-members/): Regular meetings of stockholders or members shall be held annually on a date fixed in the bylaws; if not fixed, they shall be held on any date after April 15 of every year as determined by the board of directors or trustees (SEC.
- [Under what conditions can stockholders delegate the power to amend bylaws to the board?](https://ndvlaw.com/under-what-conditions-can-stockholders-delegate-the-power-to-amend-bylaws-to-the-board/): The power to amend or repeal bylaws, or adopt new ones, may be delegated to the board of directors or trustees by the owners of two-thirds (2/3) of the outstanding capital stock or two-thirds (2/3) of the members in a nonstock corporation (SEC.
- [What is a mandatory provision the bylaws must include regarding independent directors?](https://ndvlaw.com/what-is-a-mandatory-provision-the-bylaws-must-include-regarding-independent-directors/): Among the matters a private corporation may provide in its bylaws, there is a mandatory guideline concerning independent directors (SEC.
- [What are the rules concerning the adoption and filing requirements for corporate bylaws?](https://ndvlaw.com/what-are-the-rules-concerning-the-adoption-and-filing-requirements-for-corporate-bylaws/): For the adoption of bylaws, the affirmative vote of the stockholders representing at least a majority of the outstanding capital stock is necessary (SEC.
- [When must a management contract be approved by a two-thirds (2/3) vote of the managed corporation’s stockholders?](https://ndvlaw.com/when-must-a-management-contract-be-approved-by-a-two-thirds-2-3-vote-of-the-managed-corporations-stockholders/): A management contract requires approval by the stockholders of the managed corporation owning at least two-thirds (2/3) of the total outstanding capital stock entitled to vote under two specific scenarios (SEC.
- [What are the general voting requirements for a corporation to enter into a management contract with another corporation?](https://ndvlaw.com/what-are-the-general-voting-requirements-for-a-corporation-to-enter-into-a-management-contract-with-another-corporation/): A corporation cannot conclude a management contract with another corporation unless the contract is approved by the board of directors and by stockholders owning at least the majority of the outstanding capital stock of both the managing and the managed corporation (SEC.
- [What is the rule concerning the retention of surplus profits by stock corporations?](https://ndvlaw.com/what-is-the-rule-concerning-the-retention-of-surplus-profits-by-stock-corporations/): Stock corporations are generally prohibited from retaining surplus profits in excess of one hundred percent (100%) of their paid-in capital stock (SEC.
- [From what source must the board of directors declare dividends, and in what forms may they be paid?](https://ndvlaw.com/from-what-source-must-the-board-of-directors-declare-dividends-and-in-what-forms-may-they-be-paid/): The board of directors of a stock corporation is authorized to declare dividends only out of the unrestricted retained earnings of the corporation (SEC.
- [When is stockholder approval not necessary for a corporation to invest its funds in another business?](https://ndvlaw.com/when-is-stockholder-approval-not-necessary-for-a-corporation-to-invest-its-funds-in-another-business/): Generally, a private corporation must obtain approval from a majority of the board and ratification by two-thirds (2/3) of the outstanding capital stock before investing funds in another business or for any purpose other than its primary purpose (SEC.
- [What financial requirement must be met before a stock corporation can acquire its own shares (other than redeemable shares)?](https://ndvlaw.com/what-financial-requirement-must-be-met-before-a-stock-corporation-can-acquire-its-own-shares-other-than-redeemable-shares/): A stock corporation has the power to purchase or acquire its own shares for a legitimate corporate purpose, provided that the corporation has unrestricted retained earnings in its books to cover the shares to be purchased or acquired (SEC.
- [What right is accorded to a stockholder who dissents from the sale or disposition of substantially all corporate assets?](https://ndvlaw.com/what-right-is-accorded-to-a-stockholder-who-dissents-from-the-sale-or-disposition-of-substantially-all-corporate-assets/): A stockholder who dissents from the resolution approving the sale or disposition of substantially all corporate assets is granted the right of appraisal (SEC.
- [When is a sale or disposition of corporate assets considered to cover "substantially all" of the corporate property?](https://ndvlaw.com/when-is-a-sale-or-disposition-of-corporate-assets-considered-to-cover-substantially-all-of-the-corporate-property/): A sale or other disposition is deemed to cover substantially all the corporate property and assets if, by that action, the corporation would be rendered incapable of continuing the business or accomplishing the purpose for which it was incorporated (SEC.
- [What is the general rule regarding the preemptive right of stockholders, and how can it be denied?](https://ndvlaw.com/what-is-the-general-rule-regarding-the-preemptive-right-of-stockholders-and-how-can-it-be-denied/): The general rule dictates that all stockholders of a stock corporation shall enjoy the preemptive right to subscribe to all issues or disposition of shares of any class (SEC.
- [What rights must be protected when a corporation seeks approval to decrease its capital stock?](https://ndvlaw.com/what-rights-must-be-protected-when-a-corporation-seeks-approval-to-decrease-its-capital-stock/): Before approving a capital stock decrease, the SEC must ensure that its effect shall not prejudice the rights of corporate creditors (SEC.
- [What sworn statement regarding payment must accompany a certificate of increase of capital stock?](https://ndvlaw.com/what-sworn-statement-regarding-payment-must-accompany-a-certificate-of-increase-of-capital-stock/): For the SEC to accept for filing any certificate of increase of capital stock, it must be accompanied by a sworn statement of the treasurer of the corporation (SEC.
- [What are the requirements and vote for a corporation to increase or decrease its capital stock?](https://ndvlaw.com/what-are-the-requirements-and-vote-for-a-corporation-to-increase-or-decrease-its-capital-stock/): Any action to increase or decrease the capital stock or to incur, create, or increase any bonded indebtedness must be approved by a majority vote of the board of directors (SEC.
- [What are the requirements and voting threshold for a private corporation to extend or shorten its corporate term?](https://ndvlaw.com/what-are-the-requirements-and-voting-threshold-for-a-private-corporation-to-extend-or-shorten-its-corporate-term/): A private corporation may extend or shorten its term as stated in the articles of incorporation only when the action is approved by a majority vote of the board of directors or trustees (SEC.
- [What is the restriction on donations made by foreign corporations in the Philippines?](https://ndvlaw.com/what-is-the-restriction-on-donations-made-by-foreign-corporations-in-the-philippines/): Every corporation has the general power and capacity to make reasonable donations for the public welfare or for charitable, scientific, civic, or similar purposes (SEC.
- [What are the mandatory composition and specific restrictions placed upon the powers of an Executive Committee?](https://ndvlaw.com/what-are-the-mandatory-composition-and-specific-restrictions-placed-upon-the-powers-of-an-executive-committee/): The board may create an executive committee if authorized by the bylaws, and this committee must be composed of at least three (3) directors (SEC.
- [Under what conditions may a director who acquired a corporate business opportunity avoid having to refund the profits?](https://ndvlaw.com/under-what-conditions-may-a-director-who-acquired-a-corporate-business-opportunity-avoid-having-to-refund-the-profits/): A director who acquires a business opportunity that rightfully belonged to the corporation, thereby obtaining profits to the prejudice of the corporation, must generally account for and refund all such profits (SEC.
- [What is the distinction in penalty for Mutilation concerning the organ of reproduction versus any other body part?](https://ndvlaw.com/what-is-the-distinction-in-penalty-for-mutilation-concerning-the-organ-of-reproduction-versus-any-other-body-part/): Mutilating an essential organ of reproduction results in reclusion perpetua; other intentional mutilations incur prision mayor.
- [What actions constitute the crime of Challenging to a duel, and what is the penalty?](https://ndvlaw.com/what-actions-constitute-the-crime-of-challenging-to-a-duel-and-what-is-the-penalty/): Challenging, inciting, or publicly decrying someone for refusing a duel is punished by prision correccional.
- [What is the penalty for duel participants when no physical injuries have been inflicted?](https://ndvlaw.com/what-is-the-penalty-for-duel-participants-when-no-physical-injuries-have-been-inflicted/): If no physical injuries result from a duel, combatants suffer arresto mayor, and the seconds are punished as accomplices.
- [What is the responsibility and penalty imposed upon a person who kills their adversary in a duel?](https://ndvlaw.com/what-is-the-responsibility-and-penalty-imposed-upon-a-person-who-kills-their-adversary-in-a-duel/): Killing an adversary in a duel is punished by reclusion temporal; injuries are penalized according to their nature.
- [What is the offense committed by a pharmacist who dispenses an abortive substance without a proper prescription?](https://ndvlaw.com/what-is-the-offense-committed-by-a-pharmacist-who-dispenses-an-abortive-substance-without-a-proper-prescription/): Pharmacists dispensing abortives without prescription suffer arresto mayor and a fine up to P100,000.
- [How are physicians or midwives penalized if they cause or assist in causing an abortion?](https://ndvlaw.com/how-are-physicians-or-midwives-penalized-if-they-cause-or-assist-in-causing-an-abortion/): Physicians or midwives causing abortion suffer the maximum penalty under Article 256 due to abuse of skill.
- [What is the penalty for the parents of a pregnant woman who cause an abortion with her consent to conceal her dishonor?](https://ndvlaw.com/what-is-the-penalty-for-the-parents-of-a-pregnant-woman-who-cause-an-abortion-with-her-consent-to-conceal-her-dishonor/): Parents causing abortion with the woman's consent to conceal dishonor suffer prision correccional medium/maximum.
- [What is the penalty for a woman who practices abortion upon herself or consents to another person doing so?](https://ndvlaw.com/what-is-the-penalty-for-a-woman-who-practices-abortion-upon-herself-or-consents-to-another-person-doing-so/): Woman practicing abortion upon herself or consenting receives prision correccional medium/maximum, unless for dishonor.
- [What crime is committed when a person causes an abortion by violence but without the intention to do so?](https://ndvlaw.com/what-crime-is-committed-when-a-person-causes-an-abortion-by-violence-but-without-the-intention-to-do-so/): Causing an abortion unintentionally but through violence is punished by prision correccional.
- [What penalties are imposed for Intentional abortion committed without the woman's consent or only with her consent?](https://ndvlaw.com/what-penalties-are-imposed-for-intentional-abortion-committed-without-the-womans-consent-or-only-with-her-consent/): Intentional abortion without consent is punished by prision mayor, while with consent is punished by prision correccional.
- [What is the penalty for Intentional abortion if the perpetrator uses violence upon the pregnant woman?](https://ndvlaw.com/what-is-the-penalty-for-intentional-abortion-if-the-perpetrator-uses-violence-upon-the-pregnant-woman/): Intentional abortion using violence upon the pregnant woman is punished by reclusion temporal.
- [How does the penalty for Infanticide differ if the child’s mother commits the crime to conceal her dishonor?](https://ndvlaw.com/how-does-the-penalty-for-infanticide-differ-if-the-childs-mother-commits-the-crime-to-conceal-her-dishonor/): Mother killing her child to conceal dishonor suffers prision mayor; grandparents suffer reclusion temporal.
- [What is the prescribed penalty for a person who commits Infanticide?](https://ndvlaw.com/what-is-the-prescribed-penalty-for-a-person-who-commits-infanticide/): Killing a child less than three days old is infanticide, penalized like parricide or murder.
- [What is the crime and penalty for a simple discharge of a firearm at another person?](https://ndvlaw.com/what-is-the-crime-and-penalty-for-a-simple-discharge-of-a-firearm-at-another-person/): Discharge of firearms at another person incurs prision correccional unless it qualifies as a higher crime.
- [What is the penalty for giving assistance to suicide if the suicide itself is not consummated?](https://ndvlaw.com/what-is-the-penalty-for-giving-assistance-to-suicide-if-the-suicide-itself-is-not-consummated/): If assistance to suicide is provided but the act is not consummated, the penalty is arresto mayor.
- [What crime and penalty is imposed upon a person who assists another in committing suicide?](https://ndvlaw.com/what-crime-and-penalty-is-imposed-upon-a-person-who-assists-another-in-committing-suicide/): Assisting suicide is punished by prision mayor, but if the helper does the killing, the penalty is reclusion temporal.
- [What is the penalty if less serious physical injuries occur during a tumultuous affray and the person responsible cannot be identified?](https://ndvlaw.com/what-is-the-penalty-if-less-serious-physical-injuries-occur-during-a-tumultuous-affray-and-the-person-responsible-cannot-be-identified/): For less serious injuries in an affray where the culprit is unidentified, violent participants are punished by arresto mayor (5-15 days).
- [When only serious physical injuries are inflicted during a tumultuous affray and the perpetrator is unknown, what is the resulting punishment?](https://ndvlaw.com/when-only-serious-physical-injuries-are-inflicted-during-a-tumultuous-affray-and-the-perpetrator-is-unknown-what-is-the-resulting-punishment/): If serious physical injuries occur in an affray and the culprit is unknown, violent participants get the next lower penalty.
- [What is the penalty if, during a tumultuous affray resulting in death, the person who inflicted serious physical injuries cannot be identified?](https://ndvlaw.com/what-is-the-penalty-if-during-a-tumultuous-affray-resulting-in-death-the-person-who-inflicted-serious-physical-injuries-cannot-be-identified/): If the serious injury inflictor in an affray resulting in death cannot be determined, all violent participants receive prision correccional.
- [Under Article 251, if a death occurs during a tumultuous affray, and the person who inflicted the fatal blow cannot be identified, who is held liable?](https://ndvlaw.com/under-article-251-if-a-death-occurs-during-a-tumultuous-affray-and-the-person-who-inflicted-the-fatal-blow-cannot-be-identified-who-is-held-liable/): If death occurs in a tumultuous affray, those who inflicted serious physical injuries suffer prision mayor.
- [How is the penalty for an attempt to commit Parricide, Murder, or Homicide determined?](https://ndvlaw.com/how-is-the-penalty-for-an-attempt-to-commit-parricide-murder-or-homicide-determined/): Courts may reduce the penalty by one degree for attempt to commit parricide, murder, or homicide.
- [How does the penalty for frustrated Parricide, Murder, or Homicide compare to the penalty for the consummated crimes?](https://ndvlaw.com/how-does-the-penalty-for-frustrated-parricide-murder-or-homicide-compare-to-the-penalty-for-the-consummated-crimes/): Penalty for frustrated parricide, murder, or homicide may be lowered by one degree by the court.
- [How is the crime of Homicide defined and what is its prescribed penalty?](https://ndvlaw.com/how-is-the-crime-of-homicide-defined-and-what-is-its-prescribed-penalty/): Homicide is killing another without murder or parricide circumstances, punished by reclusion temporal.
- [What are the circumstances related to planning and cruelty that qualify a killing as Murder?](https://ndvlaw.com/what-are-the-circumstances-related-to-planning-and-cruelty-that-qualify-a-killing-as-murder/): Murder is qualified by evident premeditation or cruelty, such as inhumanly augmenting the victim's suffering.
- [What specific circumstances involving motive, force of nature, or calamity qualify a killing as Murder?](https://ndvlaw.com/what-specific-circumstances-involving-motive-force-of-nature-or-calamity-qualify-a-killing-as-murder/): Killing for reward or using destructive means like fire, explosion, or during a calamity is murder.
- [What are the qualifying circumstances that elevate a killing to the crime of Murder?](https://ndvlaw.com/what-are-the-qualifying-circumstances-that-elevate-a-killing-to-the-crime-of-murder/): Murder is killing a non-relative with treachery, superior strength, or other means ensuring impunity.
- [Who is not entitled to the benefits of the exceptional circumstances defense provided in Article 247?](https://ndvlaw.com/who-is-not-entitled-to-the-benefits-of-the-exceptional-circumstances-defense-provided-in-article-247/): Those who promote prostitution or consent to spousal infidelity are disqualified from the destierro benefit.
- [What benefits under the law apply to parents who kill their daughter's seducer under exceptional circumstances?](https://ndvlaw.com/what-benefits-under-the-law-apply-to-parents-who-kill-their-daughters-seducer-under-exceptional-circumstances/): Parents of a daughter under eighteen years may receive benefit of destierro if they kill the seducer.
- [Under what exceptional circumstances may a legally married person kill their spouse and the other person, or inflict serious physical injuries, and only suffer destierro?](https://ndvlaw.com/under-what-exceptional-circumstances-may-a-legally-married-person-kill-their-spouse-and-the-other-person-or-inflict-serious-physical-injuries-and-only-suffer-destierro/): Killing a spouse and their partner caught in sexual intercourse immediately thereafter, results in destierro.
- [Who is guilty of Parricide and what is the range of penalty imposed?](https://ndvlaw.com/who-is-guilty-of-parricide-and-what-is-the-range-of-penalty-imposed/): Killing a parent, child, descendant, ascendant, or spouse constitutes parricide, punishable by death.
- [How are the penalties for Abuses against chastity modified if the victim is a relative of a person under the offender’s custody?](https://ndvlaw.com/how-are-the-penalties-for-abuses-against-chastity-modified-if-the-victim-is-a-relative-of-a-person-under-the-offenders-custody/): Penalties for Abuses against chastity are reduced if the victim is a relative of a person in custody.
- [Who is liable for Abuses against chastity related to the custody of prisoners, and what conduct is penalized?](https://ndvlaw.com/who-is-liable-for-abuses-against-chastity-related-to-the-custody-of-prisoners-and-what-conduct-is-penalized/): Warden or public officer making indecent advances to a woman under custody commits Abuses against chastity.
- [What constitutes the crime of Abuses against chastity when committed by a public officer regarding pending matters?](https://ndvlaw.com/what-constitutes-the-crime-of-abuses-against-chastity-when-committed-by-a-public-officer-regarding-pending-matters/): Public officer soliciting immoral advances from a woman interested in a pending case commits abuses against chastity.
- [What are the elements and penalties for a public officer found guilty of Unlawful appointments?](https://ndvlaw.com/what-are-the-elements-and-penalties-for-a-public-officer-found-guilty-of-unlawful-appointments/): Public officer knowingly appointing an unqualified person to office is penalized with arresto mayor and fine.
- [What offense is committed by an executive officer who gives an order or suggestion to a judicial authority regarding a case under the courts' exclusive jurisdiction?](https://ndvlaw.com/what-offense-is-committed-by-an-executive-officer-who-gives-an-order-or-suggestion-to-a-judicial-authority-regarding-a-case-under-the-courts-exclusive-jurisdiction/): Executive officer giving orders or suggestions to judicial authority regarding an exclusive court case is penalized.
- [What crime is committed by a public officer who disregards a lawful request for disqualification before the issue of jurisdiction is settled?](https://ndvlaw.com/what-crime-is-committed-by-a-public-officer-who-disregards-a-lawful-request-for-disqualification-before-the-issue-of-jurisdiction-is-settled/): Officer continuing a proceeding after lawful request for disqualification before jurisdiction is settled commits a crime.
- [What are the conditions and penalty for an officer of the executive branch who commits Usurpation of judicial functions?](https://ndvlaw.com/what-are-the-conditions-and-penalty-for-an-officer-of-the-executive-branch-who-commits-usurpation-of-judicial-functions/): Executive officer assuming judicial powers or obstructing judicial orders suffers arresto mayor to prision correccional.
- [When is a judge guilty of Usurpation of executive functions and what is the penalty?](https://ndvlaw.com/when-is-a-judge-guilty-of-usurpation-of-executive-functions-and-what-is-the-penalty/): A judge assuming executive power or obstructing it suffers arresto mayor to prision correccional.
- [What penalties are imposed upon a public officer found guilty of Usurpation of legislative powers?](https://ndvlaw.com/what-penalties-are-imposed-upon-a-public-officer-found-guilty-of-usurpation-of-legislative-powers/): Penalty for usurping legislative powers includes prision correccional and a fine up to P200,000.
- [What actions constitute Usurpation of legislative powers by a public officer?](https://ndvlaw.com/what-actions-constitute-usurpation-of-legislative-powers-by-a-public-officer/): Public officer usurping legislative powers by making rules beyond authority or attempting to repeal law.
- [What is the penalty if a public officer abandons office to evade the duty of preventing, prosecuting, or punishing any other crime?](https://ndvlaw.com/what-is-the-penalty-if-a-public-officer-abandons-office-to-evade-the-duty-of-preventing-prosecuting-or-punishing-any-other-crime/): Abandoning office to evade duties related to any other crime results in the penalty of arresto mayor.
- [What is the penalty for a public officer who abandons office to evade preventing or prosecuting a crime against persons?](https://ndvlaw.com/what-is-the-penalty-for-a-public-officer-who-abandons-office-to-evade-preventing-or-prosecuting-a-crime-against-persons/): Abandoning office to evade duty for preventing or prosecuting serious crimes is punished by prision correccional.
- [Computation of Backwages of Illegally Dismissed Probationary Employee](https://ndvlaw.com/computation-of-backwages-of-illegally-dismissed-probationary-employee/): This article discusses the doctrine that illegally dismissed probationary employees, like regular employees, are entitled to backwages up to their actual reinstatement".
- [Domestic Market Enterprises are Entitled to Zero-Rated VAT](https://ndvlaw.com/domestic-market-enterprises-are-entitled-to-zero-rated-vat/): This talks about the Supreme Court case declaring that domestic market enterprises are statutorily entitled to the VAT zero-rating incentive under the CREATE Act.
- [Graft &amp; Corruption in the Context of Undue Injury and Favoritism](https://ndvlaw.com/graft-corruption-in-the-context-of-undue-injury-and-favoritism/): This talks about the law penalizing corrupt government officials that cause undue injury to the government or other persons and favoritism by giving any private party unwarranted benefits, advantage, or preference.
- [What is the exception to the rule that all directors must sign a written consent to validate a board action taken without a meeting?](https://ndvlaw.com/what-is-the-exception-to-the-rule-that-all-directors-must-sign-a-written-consent-to-validate-a-board-action-taken-without-a-meeting/): Section 100 provides several exceptions for close corporations where board action taken without a meeting is still deemed valid, primarily relying on unanimous consent or implied knowledge of the directors or stockholders (SEC.
- [What documentation must the articles of merger or consolidation include regarding the financial status of the constituent companies?](https://ndvlaw.com/what-documentation-must-the-articles-of-merger-or-consolidation-include-regarding-the-financial-status-of-the-constituent-companies/): The articles of merger or consolidation, executed after stockholder approval, must include specific financial and accounting details for each constituent corporation (SEC.
- [How may the SEC compel a stockholder or member to call a meeting if the authorized person unjustly refuses?](https://ndvlaw.com/how-may-the-sec-compel-a-stockholder-or-member-to-call-a-meeting-if-the-authorized-person-unjustly-refuses/): Whenever there is no person authorized to call a meeting, or the authorized person unjustly refuses to call one for any cause, the SEC may intervene (SEC.
- [What two specific reports, in addition to the standard annual financial statement and GIS, must corporations vested with public interest submit?](https://ndvlaw.com/what-two-specific-reports-in-addition-to-the-standard-annual-financial-statement-and-gis-must-corporations-vested-with-public-interest-submit/): Corporations vested with public interest are subject to heightened reporting requirements beyond the general annual financial statements and general information sheet (SEC.
- [What restrictions apply to an application for revival of corporate existence by financial intermediaries?](https://ndvlaw.com/what-restrictions-apply-to-an-application-for-revival-of-corporate-existence-by-financial-intermediaries/): Certain financial intermediaries face stringent requirements when applying for the revival of their corporate existence after their term has expired (SEC.
- [How is the voting process conducted in nonstock corporations, unless provided otherwise?](https://ndvlaw.com/how-is-the-voting-process-conducted-in-nonstock-corporations-unless-provided-otherwise/): Unless specified otherwise in the articles of incorporation or bylaws, members of nonstock corporations may generally cast as many votes as there are trustees to be elected (SEC.
- [When may the SEC suspend or revoke the certificate of incorporation of a corporation under its general powers?](https://ndvlaw.com/when-may-the-sec-suspend-or-revoke-the-certificate-of-incorporation-of-a-corporation-under-its-general-powers/): The SEC is granted the general power to suspend or revoke the certificate of incorporation of any entity under its jurisdiction (SEC.
- [How are actions and decisions of a One Person Corporation recorded in the absence of corporate meetings?](https://ndvlaw.com/how-are-actions-and-decisions-of-a-one-person-corporation-recorded-in-the-absence-of-corporate-meetings/): A One Person Corporation (OPC) is not required to submit and file corporate bylaws, which streamlines its organization (SEC.
- [What must the articles of incorporation of a One Person Corporation state if the single stockholder is a trust or an estate?](https://ndvlaw.com/what-must-the-articles-of-incorporation-of-a-one-person-corporation-state-if-the-single-stockholder-is-a-trust-or-an-estate/): The Articles of Incorporation of a One Person Corporation (OPC) must comply with standard requirements but include additional specifics if the single stockholder is a trust or an estate (SEC.
- [What must the minutes of the most recent regular meeting contain regarding voting procedures and results?](https://ndvlaw.com/what-must-the-minutes-of-the-most-recent-regular-meeting-contain-regarding-voting-procedures-and-results/): The minutes of the most recent regular meeting must be presented at the subsequent regular meeting, and they must include specific details regarding the voting process (SEC.
- [What financial limits determine whether a corporation's financial statements may be certified by its officers instead of an independent auditor?](https://ndvlaw.com/what-financial-limits-determine-whether-a-corporations-financial-statements-may-be-certified-by-its-officers-instead-of-an-independent-auditor/): The general rule requires annual financial statements to be audited by an independent certified public accountant for submission to the SEC (SEC.
- [What details must be included in the notice accompanying a stockholders' meeting when the meeting is for the election of directors?](https://ndvlaw.com/what-details-must-be-included-in-the-notice-accompanying-a-stockholders-meeting-when-the-meeting-is-for-the-election-of-directors/): Each notice of a stockholders' meeting must be accompanied by several documents, including the agenda and a proxy form (SEC.
- [What is the effect of the amendment or repeal of the Corporation Code on existing rights and liabilities?](https://ndvlaw.com/what-is-the-effect-of-the-amendment-or-repeal-of-the-corporation-code-on-existing-rights-and-liabilities/): No right or remedy in favor of or against any corporation, its stockholders, members, directors, trustees, or officers, shall be removed or impaired either by the subsequent dissolution of said corporation or by any subsequent amendment or repeal of this Code or of any part thereof (SEC.
- [What is the rule concerning the primary authority over special corporations like banks and insurance companies?](https://ndvlaw.com/what-is-the-rule-concerning-the-primary-authority-over-special-corporations-like-banks-and-insurance-companies/): Nothing in this law shall be construed as amending existing provisions of special laws governing the registration, regulation, monitoring, and supervision of special corporations such as banks, nonbank financial institutions, and insurance companies (SEC.
- [What procedure must be followed regarding an intra-corporate court case if an arbitration agreement is discovered?](https://ndvlaw.com/what-procedure-must-be-followed-regarding-an-intra-corporate-court-case-if-an-arbitration-agreement-is-discovered/): If an intra-corporate dispute is filed with a Regional Trial Court, the court is mandated to take action if it determines that an arbitration agreement is written in the corporation’s articles of incorporation, bylaws, or a separate agreement (SEC.
- [When may an arbitration agreement be included in a corporation's articles of incorporation or bylaws, and what types of disputes are covered?](https://ndvlaw.com/when-may-an-arbitration-agreement-be-included-in-a-corporations-articles-of-incorporation-or-bylaws-and-what-types-of-disputes-are-covered/): An arbitration agreement may be provided in the articles of incorporation or bylaws, but only for an unlisted corporation (SEC.
- [What are the two specific powers and authorities granted to the SEC regarding litigation and enforcement?](https://ndvlaw.com/what-are-the-two-specific-powers-and-authorities-granted-to-the-sec-regarding-litigation-and-enforcement/): The SEC is granted the power and authority to issue cease and desist orders ex parte to prevent imminent fraud or injury to the public (SEC.
- [What is the consequence if a corporation refuses or obstructs the SEC's exercise of its visitorial powers?](https://ndvlaw.com/what-is-the-consequence-if-a-corporation-refuses-or-obstructs-the-secs-exercise-of-its-visitorial-powers/): If a corporation, without justifiable cause, refuses or obstructs the SEC’s exercise of its visitorial powers, the SEC may impose severe sanctions (SEC.
- [What is the scope of the SEC's visitorial powers over corporations?](https://ndvlaw.com/what-is-the-scope-of-the-secs-visitorial-powers-over-corporations/): The SEC shall exercise visitorial powers over all corporations, which are crucial for regulatory oversight and enforcement (SEC.
- [What happens if a corporation fails to submit reportorial requirements to the3 SEC three times?](https://ndvlaw.com/what-happens-if-a-corporation-fails-to-submit-reportorial-requirements-to-the3-sec-three-times/): If a corporation fails to submit the required reportorial documents three (3) times, consecutively or intermittently, within a period of five (5) years, the SEC may place the corporation under delinquent status (SEC.
- [What two primary reportorial requirements must every corporation, domestic or foreign, submit annually to the SEC?](https://ndvlaw.com/what-two-primary-reportorial-requirements-must-every-corporation-domestic-or-foreign-submit-annually-to-the-sec/): Every corporation, whether domestic or foreign, doing business in the Philippines must submit two primary reportorial requirements annually to the SEC (SEC.
- [What role does the NEDA play in monitoring stock ownership in corporations?](https://ndvlaw.com/what-role-does-the-neda-play-in-monitoring-stock-ownership-in-corporations/): The National Economic and Development Authority (NEDA) is tasked with determining, from time to time, if the corporate vehicle has been used by any corporation, business, or industry to frustrate the provisions of this Code or applicable laws (SEC.
- [What is the purpose of the fund created by the SEC's collection of fees, fines, and other charges?](https://ndvlaw.com/what-is-the-purpose-of-the-fund-created-by-the-secs-collection-of-fees-fines-and-other-charges/): The SEC is authorized to collect, retain, and use fees, fines, and other charges pursuant to the Code for the purpose of a more effective implementation of this Code (SEC.
- [What alternate name designations are permitted for the governing boards of nonstock or special corporations?](https://ndvlaw.com/what-alternate-name-designations-are-permitted-for-the-governing-boards-of-nonstock-or-special-corporations/): Notwithstanding specific provisions of the Code that reference "board of directors" or "board of trustees," nonstock or special corporations are permitted to use alternate names for their governing boards (SEC.
- [How is the term "outstanding capital stock" defined under the Revised Corporation Code?](https://ndvlaw.com/how-is-the-term-outstanding-capital-stock-defined-under-the-revised-corporation-code/): The term “outstanding capital stock” is defined as the total shares of stock issued under binding subscription contracts to subscribers or stockholders (SEC.
- [How are aiders and abettors penalized for violating the Revised Corporation Code?](https://ndvlaw.com/how-are-aiders-and-abettors-penalized-for-violating-the-revised-corporation-code/): Anyone who shall aid, abet, counsel, command, induce, or cause any violation of this Code, or any rule, regulation, or order of the SEC, shall face a penalty (SEC.
- [How is the penalty in the Revised Corporation Code imposed if the offender of a violation is a corporation?](https://ndvlaw.com/how-is-the-penalty-in-the-revised-corporation-code-imposed-if-the-offender-of-a-violation-is-a-corporation/): If the offender of a violation is a corporation, the penalty may be imposed upon the corporation itself and/or upon its responsible personnel (SEC.
- [What is the punishment for violations of the Code that are not specifically penalized elsewhere?](https://ndvlaw.com/what-is-the-punishment-for-violations-of-the-code-that-are-not-specifically-penalized-elsewhere/): Violations of any of the other provisions of this Code or its amendments that are not otherwise specifically penalized shall be punished by a fine of not less than Ten thousand pesos (P10,000.00) but not more than One million pesos (P1,000,000.00) (SEC.
- [What is the penalty for retaliation against a whistleblower under the Code?](https://ndvlaw.com/what-is-the-penalty-for-retaliation-against-a-whistleblower-under-the-code/): A whistleblower is defined as any person who provides truthful information relating to the SEC or possible SEC of any offense or violation under this Code (SEC.
- [What is the penalty imposed on a director, trustee, or officer who knowingly tolerates graft and corrupt practices?](https://ndvlaw.com/what-is-the-penalty-imposed-on-a-director-trustee-or-officer-who-knowingly-tolerates-graft-and-corrupt-practices/): A director, trustee, or officer who knowingly fails to sanction, report, or file the appropriate action with proper agencies, or who allows or tolerates graft and corrupt practices committed by corporate personnel, shall be punished (SEC.
- [What constitutes prima facie evidence of corporate liability when the corporation is used for graft and corrupt practices?](https://ndvlaw.com/what-constitutes-prima-facie-evidence-of-corporate-liability-when-the-corporation-is-used-for-graft-and-corrupt-practices/): A corporation used for fraud or for committing or concealing graft and corrupt practices shall be liable for a fine ranging from One hundred thousand pesos (P100,000.00) to Five million pesos (P5,000,000.00) (SEC.
- [What is the penalty for a corporation that engages in fraudulent conduct of business?](https://ndvlaw.com/what-is-the-penalty-for-a-corporation-that-engages-in-fraudulent-conduct-of-business/): A corporation that conducts its business through fraud shall be punished with a fine ranging from Two hundred thousand pesos (P200,000.00) to Two million pesos (P2,000,000.00) (SEC.
- [What is the penalty for those responsible for the formation of a corporation through fraud?](https://ndvlaw.com/what-is-the-penalty-for-those-responsible-for-the-formation-of-a-corporation-through-fraud/): Those responsible for the formation of a corporation through fraud, or who assisted directly or indirectly therein, shall be punished with a fine ranging from Two hundred thousand pesos (P200,000.00) to Two million pesos (P2,000,000.00) (SEC.
- [What is the specific penalty for an independent auditor found to be in collusion with the corporation's directors?](https://ndvlaw.com/what-is-the-specific-penalty-for-an-independent-auditor-found-to-be-in-collusion-with-the-corporations-directors/): An independent auditor who, in collusion with the corporation’s directors or representatives, certifies financial statements despite their incompleteness, inaccuracy, or failure to present a fair and accurate condition, shall be punished (SEC.
- [What is the penalty for any person who willfully certifies an inaccurate, false, or misleading report required under the Code?](https://ndvlaw.com/what-is-the-penalty-for-any-person-who-willfully-certifies-an-inaccurate-false-or-misleading-report-required-under-the-code/): Any person who willfully certifies a report required under this Code, knowing that the same contains incomplete, inaccurate, false, or misleading information or statements, shall be punished (SEC.
- [What are the penalties for the unjustified failure or refusal to allow the inspection or reproduction of corporate records?](https://ndvlaw.com/what-are-the-penalties-for-the-unjustified-failure-or-refusal-to-allow-the-inspection-or-reproduction-of-corporate-records/): The unjustified failure or refusal by the corporation, or those responsible for maintaining corporate records, to comply with the rules on inspection and reproduction shall be punished with a fine ranging from Ten thousand pesos (P10,000.00) to Two hundred thousand pesos (P200,000.00) at the court's discretion (SEC.
- [What is the penalty for a director, trustee, or officer who willfully holds office despite knowing a ground for disqualification exists?](https://ndvlaw.com/what-is-the-penalty-for-a-director-trustee-or-officer-who-willfully-holds-office-despite-knowing-a-ground-for-disqualification-exists/): When a director, trustee, or officer willfully holds office, or willfully conceals such disqualification, despite knowing the existence of a ground for disqualification under Section 26, they face severe penalties (SEC.
- [What is the criminal penalty for the unauthorized use of a corporate name?](https://ndvlaw.com/what-is-the-criminal-penalty-for-the-unauthorized-use-of-a-corporate-name/): The unauthorized use of a corporate name is specifically penalized under the Code (SEC. 159, Revised Corporation Code of the Philippines).
- [What are the maximum and minimum administrative fines the SEC may impose for violating the Code?](https://ndvlaw.com/what-are-the-maximum-and-minimum-administrative-fines-the-sec-may-impose-for-violating-the-code/): If the SEC finds that any provision of the Code, rules, or orders has been violated, it may impose several administrative sanctions (SEC.
- [What is the fine structure imposed for contempt of the SEC?](https://ndvlaw.com/what-is-the-fine-structure-imposed-for-contempt-of-the-sec/): Any person who fails or refuses to comply with a lawful order, decision, or subpoena issued by the SEC, without justifiable cause, shall be held in contempt after due notice and hearing (SEC.
- [What is the purpose and maximum validity period for a Cease and Desist Order ex parte issued by the SEC?](https://ndvlaw.com/what-is-the-purpose-and-maximum-validity-period-for-a-cease-and-desist-order-ex-parte-issued-by-the-sec/): The SEC may issue a cease and desist order ex parte to enjoin an act or practice which is fraudulent or can be reasonably expected to cause significant, imminent, and irreparable danger or injury to public safety or welfare (SEC.
- [What restrictions apply to the SEC when publishing findings or information concerning a violation?](https://ndvlaw.com/what-restrictions-apply-to-the-sec-when-publishing-findings-or-information-concerning-a-violation/): The SEC is authorized to investigate and publish its findings, orders, opinions, advisories, or information concerning any alleged violation of the Code or its regulations (SEC.
- [What documents must be published when a foreign corporation files a petition for withdrawal of its license to transact business?](https://ndvlaw.com/what-documents-must-be-published-when-a-foreign-corporation-files-a-petition-for-withdrawal-of-its-license-to-transact-business/): Before the SEC issues a certificate of withdrawal for a foreign corporation's license, all claims and taxes lawfully due in the Philippines must be paid or settled (SEC.
- [What are the grounds upon which the SEC may revoke or suspend the license of a foreign corporation?](https://ndvlaw.com/what-are-the-grounds-upon-which-the-sec-may-revoke-or-suspend-the-license-of-a-foreign-corporation/): The SEC may revoke or suspend a foreign corporation's license for several reasons, without prejudice to other special laws (SEC.
- [What is the restriction on a foreign corporation's ability to maintain or intervene in legal actions in the Philippines without a license?](https://ndvlaw.com/what-is-the-restriction-on-a-foreign-corporations-ability-to-maintain-or-intervene-in-legal-actions-in-the-philippines-without-a-license/): No foreign corporation transacting business in the Philippines without a license, nor its successors or assigns, shall be permitted to maintain or intervene in any action, suit, or proceeding in any court or administrative agency of the Philippines (SEC.
- [What action is required if a licensed foreign corporation changes its corporate name or desires to pursue additional purposes?](https://ndvlaw.com/what-action-is-required-if-a-licensed-foreign-corporation-changes-its-corporate-name-or-desires-to-pursue-additional-purposes/): A foreign corporation authorized to transact business in the Philippines must obtain an amended license in the event it changes its corporate name (SEC.
- [What is the deadline and marking requirement for a foreign corporation to file amendments to its articles of incorporation or bylaws?](https://ndvlaw.com/what-is-the-deadline-and-marking-requirement-for-a-foreign-corporation-to-file-amendments-to-its-articles-of-incorporation-or-bylaws/): Whenever the articles of incorporation or bylaws of a licensed foreign corporation are amended, the corporation must file an authenticated copy of the amended documents with the SEC within sixty (60) days after the amendment becomes effective (SEC.
- [What is the principle regarding the applicability of Philippine laws to a foreign corporation lawfully doing business in the country?](https://ndvlaw.com/what-is-the-principle-regarding-the-applicability-of-philippine-laws-to-a-foreign-corporation-lawfully-doing-business-in-the-country/): A foreign corporation lawfully transacting business in the Philippines shall be bound by all laws, rules and regulations applicable to domestic corporations of the same class (SEC.
- [Who is qualified to be appointed as a resident agent for a foreign corporation?](https://ndvlaw.com/who-is-qualified-to-be-appointed-as-a-resident-agent-for-a-foreign-corporation/): A resident agent may be either an individual residing in the Philippines or a domestic corporation lawfully transacting business in the Philippines (SEC.
- [When must a licensed foreign corporation deposit additional securities with the SEC?](https://ndvlaw.com/when-must-a-licensed-foreign-corporation-deposit-additional-securities-with-the-sec/): The SEC shall require the licensee to deposit additional securities if the licensee's gross income for a fiscal year exceeds Ten million pesos (P10,000,000.00) (SEC.
- [What is the minimum value required for the securities deposit maintained by a licensed foreign corporation?](https://ndvlaw.com/what-is-the-minimum-value-required-for-the-securities-deposit-maintained-by-a-licensed-foreign-corporation/): Within sixty (60) days after the issuance of its license, the foreign corporation must deposit with the SEC securities for the benefit of present and future creditors in the Philippines (SEC.
- [What documentation is required to satisfy the SEC regarding a foreign corporation's financial condition upon application for a license?](https://ndvlaw.com/what-documentation-is-required-to-satisfy-the-sec-regarding-a-foreign-corporations-financial-condition-upon-application-for-a-license/): The application for a license must be accompanied by a statement under oath of the president or any other authorized person of the corporation (SEC.
- [What critical information regarding legal service must a foreign corporation disclose in its license application?](https://ndvlaw.com/what-critical-information-regarding-legal-service-must-a-foreign-corporation-disclose-in-its-license-application/): The application for a license must specifically set forth the name and address of its resident agent authorized to accept summons and process in all legal proceedings (SEC.
- [What key document must a foreign corporation submit with its application for a license, and what is required if it is not in English?](https://ndvlaw.com/what-key-document-must-a-foreign-corporation-submit-with-its-application-for-a-license-and-what-is-required-if-it-is-not-in-english/): A foreign corporation applying for a license to transact business in the Philippines must submit to the SEC a copy of its articles of incorporation and bylaws, certified in accordance with law (SEC.
- [What conditions must a foreign corporation meet regarding its home country's laws to be eligible to transact business in the Philippines?](https://ndvlaw.com/what-conditions-must-a-foreign-corporation-meet-regarding-its-home-countrys-laws-to-be-eligible-to-transact-business-in-the-philippines/): A foreign corporation is defined as one formed, organized, or existing under laws other than those of the Philippines (SEC.
- [What does “industrially applicable” mean for patent purposes in the Philippines?](https://ndvlaw.com/what-does-industrially-applicable-mean-for-patent-purposes-in-the-philippines/): Industrial applicability requires that the invention can be produced and used in any industry.
- [Is the standard for inventive step different for drugs and medicines?](https://ndvlaw.com/is-the-standard-for-inventive-step-different-for-drugs-and-medicines/): For drugs, mere new forms, properties, or uses of known substances do not constitute an inventive step.
- [How is “inventive step” defined in the Philippine Intellectual Property Code?](https://ndvlaw.com/how-is-inventive-step-defined-in-the-philippine-intellectual-property-code/): An inventive step exists when the invention is not obvious to a person skilled in the art considering prior art.
- [Who is treated as the “inventor” for purposes of the non‑prejudicial disclosure rule?](https://ndvlaw.com/who-is-treated-as-the-inventor-for-purposes-of-the-non-prejudicial-disclosure-rule/): “Inventor” includes any person who, at filing date, had the right to the patent for grace‑period purposes.
- [Does an inventor’s own disclosure within 12 months before filing always destroy novelty?](https://ndvlaw.com/does-an-inventors-own-disclosure-within-12-months-before-filing-always-destroy-novelty/): Disclosures by or through the inventor within twelve months before filing do not prejudice novelty.
- [What types of information are considered “prior art” in the Philippines?](https://ndvlaw.com/what-types-of-information-are-considered-prior-art-in-the-philippines/): Prior art includes worldwide public disclosures and earlier Philippine applications with earlier filing or priority dates.
- [When is an invention considered not new under Philippine patent law?](https://ndvlaw.com/when-is-an-invention-considered-not-new-under-philippine-patent-law/): An invention is not new if it already forms part of the prior art.
- [Can an invention be refused a patent for reasons of public order or morality?](https://ndvlaw.com/can-an-invention-be-refused-a-patent-for-reasons-of-public-order-or-morality/): Inventions contrary to public order or morality are excluded from patent protection regardless of technical merit.
- [Are purely aesthetic creations eligible for patents in the Philippines?](https://ndvlaw.com/are-purely-aesthetic-creations-eligible-for-patents-in-the-philippines/): Purely aesthetic creations are not patentable because patent law protects technical solutions, not mere appearance.
- [Can plant varieties and animal breeds be covered by patents in the Philippines?](https://ndvlaw.com/can-plant-varieties-and-animal-breeds-be-covered-by-patents-in-the-philippines/): Plant varieties and animal breeds are excluded from patents, although special sui generis protection may be legislated.
- [Are methods of medical or surgical treatment patentable under Philippine patent law?](https://ndvlaw.com/are-methods-of-medical-or-surgical-treatment-patentable-under-philippine-patent-law/): Medical and surgical treatment methods are not patentable, but related products and compositions may be.
- [Are computer programs and business methods patentable in the Philippines?](https://ndvlaw.com/are-computer-programs-and-business-methods-patentable-in-the-philippines/): Pure computer programs, business schemes, and mental methods are excluded from patent protection.
- [How does Philippine law treat new forms of known drug substances for patent purposes?](https://ndvlaw.com/how-does-philippine-law-treat-new-forms-of-known-drug-substances-for-patent-purposes/): New forms of known drug substances are not patentable unless they significantly enhance efficacy.
- [Can discoveries and scientific theories be protected by a patent in the Philippines?](https://ndvlaw.com/can-discoveries-and-scientific-theories-be-protected-by-a-patent-in-the-philippines/): Discoveries and scientific theories are excluded from patent protection; only applicable technical solutions may qualify.
- [What are the basic requirements for an invention to be patentable under Philippine law?](https://ndvlaw.com/what-are-the-basic-requirements-for-an-invention-to-be-patentable-under-philippine-law/): Patentable inventions must be technical solutions that are new, involve an inventive step, and are industrially applicable.
- [Balancing Truth and Liberty: Why Legislative Inquiries on Fake News Do Not Violate Free Speech](https://ndvlaw.com/balancing-truth-and-liberty-why-legislative-inquiries-on-fake-news-do-not-violate-free-speech/): A congressional inquiry on the spread of fake news online do not violate the right to free speech of vloggers invited as resource persons.
- [Forfeiture under Republic Act No. 1379: Presuming Unlawfully Acquired Wealth Manifestly Disproportionate to Lawful Income](https://ndvlaw.com/forfeiture-under-republic-act-no-1379-presuming-unlawfully-acquired-wealth-manifestly-disproportionate-to-lawful-income/): The recovery and forfeiture of ill-gotten wealth acquired by government officials under RA 1379 extends not only to assets directly registered under the public officer’s name but also to properties intentionally concealed through registration in the names of other individuals.
- [The Husband’s Infidelity Does Not Prevent Him from Suing his Wife for Adultery](https://ndvlaw.com/the-husbands-infidelity-does-not-prevent-him-from-suing-his-wife-for-adultery/): This article enunciates that a husband’s infidelity will not prevent him from suing his wife for adultery.
- [The Mandatory Digital Transition: SEC Memorandum Circular No. 3, series of 2025 and the Implementation of SEC ZERO in Corporate Registration](https://ndvlaw.com/the-mandatory-digital-transition-sec-memorandum-circular-no-3-series-of-2025-and-the-implementation-of-sec-zero-in-corporate-registration/): This article talks about the SEC Memorandum Circular No. 3, Series of 2025 and the mandatory use of SEC Zuper Easy Registration Online (ZERO) platform for the registration of corporations using the Electronic Simplified Processing of Application for Registration of Company (eSPARC) and One-day Submission and E-registration of Companies (OneSEC) portals.
- [SEC Memorandum Circular No. 7 (2025) and the Mandated Timelines for Application Processing](https://ndvlaw.com/sec-memorandum-circular-no-7-2025-and-the-mandated-timelines-for-application-processing/): This talks about the SEC Memorandum Circular No. 7, Series of 2025 and the timelines for processing of applications and requests filed before the Securities & Exchange Commission.
- [Proof of Payment of Wages to Employees Done Through Electronic Payroll or Bank Credit](https://ndvlaw.com/proof-of-payment-of-wages-to-employees-done-through-electronic-payroll-or-bank-credit/): This article discusses the doctrine that proof of payment of employee wage through electronic payroll system must show proof of submission or receipt by the bank of the payroll or advisory.
- [The Stock and Transfer Book as the Controlling Record of Shareholders: Refuting the Conclusiveness of the General Information Sheet](https://ndvlaw.com/the-stock-and-transfer-book-as-the-controlling-record-of-shareholders-refuting-the-conclusiveness-of-the-general-information-sheet/): This talks about the insufficiency of the General Information Sheet (GIS), by itself, is as proof of stock ownership since it is the Stock and Transfer Book (STB) that is the ultimate legal determinant of corporate membership.
- [The Philippines Liberalizes the Lease of Private Lands by Foreign Investors through Republic Act No. 12252](https://ndvlaw.com/the-philippines-liberalizes-the-lease-of-private-lands-by-foreign-investors-through-republic-act-no-12252/): This talks about RA 12252 and how it amended RA 7652 or the Investors’ Lease Act to allow the lease of private lands by foreign investors to ninety-nine (99) years.
- [Nuisance Candidates under Philippine Election Law](https://ndvlaw.com/nuisance-candidates-under-philippine-election-law/): This article talks about nuisance candidates, disqualification procedures and consequences flowing therefrom under Philippine election law.
- [In cases of threats, what additional measure may the person making the threat be required to do?](https://ndvlaw.com/in-cases-of-threats-what-additional-measure-may-the-person-making-the-threat-be-required-to-do/): Person making threats may be required to post bail not to molest the victim, or face destierro.
- [What constitutes Light threats, and what is its prescribed penalty?](https://ndvlaw.com/what-constitutes-light-threats-and-what-is-its-prescribed-penalty/): Threatening a wrong that is not a crime, when made conditionally, is considered light threats punished by arresto mayor.
- [What is the penalty for Grave threats that are not made subject to a condition?](https://ndvlaw.com/what-is-the-penalty-for-grave-threats-that-are-not-made-subject-to-a-condition/): Unconditional grave threats are punished by arresto mayor and a fine not exceeding P100,000.
- [What penalty applies if a conditional Grave threat is made, but the offender fails to attain their purpose?](https://ndvlaw.com/what-penalty-applies-if-a-conditional-grave-threat-is-made-but-the-offender-fails-to-attain-their-purpose/): If the offender of a conditional grave threat fails to achieve their purpose, the penalty is lowered by two degrees.
- [How is the penalty for Grave threats determined if the threat is made conditionally and the offender attains their purpose?](https://ndvlaw.com/how-is-the-penalty-for-grave-threats-determined-if-the-threat-is-made-conditionally-and-the-offender-attains-their-purpose/): Grave threats made conditionally that achieve the purpose result in the next lower penalty degree for the threatened crime.
- [What constitutes Other forms of trespass, and what is the penalty for this offense?](https://ndvlaw.com/what-constitutes-other-forms-of-trespass-and-what-is-the-penalty-for-this-offense/): Entering uninhabited, closed or fenced premises without permission, where prohibition is manifest, is penalized.
- [What circumstances exempt a person from liability for Qualified trespass to dwelling?](https://ndvlaw.com/what-circumstances-exempt-a-person-from-liability-for-qualified-trespass-to-dwelling/): Entry to prevent serious harm or render service, or into open public houses, is exempt from trespass liability.
- [How is the penalty for Qualified trespass to dwelling modified if the offense is committed by means of violence or intimidation?](https://ndvlaw.com/how-is-the-penalty-for-qualified-trespass-to-dwelling-modified-if-the-offense-is-committed-by-means-of-violence-or-intimidation/): Trespass committed with violence or intimidation is punished by prision correccional medium/maximum and a fine.
- [What constitutes the basic crime of Qualified trespass to dwelling, and what is the standard penalty?](https://ndvlaw.com/what-constitutes-the-basic-crime-of-qualified-trespass-to-dwelling-and-what-is-the-standard-penalty/): Private person entering another's dwelling against their will is punished by arresto mayor and a fine.
- [What is the purpose of Article 279 regarding penalties for offenses related to the abandonment and exploitation of helpless persons?](https://ndvlaw.com/what-is-the-purpose-of-article-279-regarding-penalties-for-offenses-related-to-the-abandonment-and-exploitation-of-helpless-persons/): Penalties for abandonment/exploitation do not prevent punishment for any other separate felonies defined in the Code.
- [What are the consequences for parents convicted of exploiting their child through delivery to a beggar or vagrant?](https://ndvlaw.com/what-are-the-consequences-for-parents-convicted-of-exploiting-their-child-through-delivery-to-a-beggar-or-vagrant/): Parents convicted of child exploitation may be temporarily or perpetually deprived of their parental authority.
- [What is the highest penalty for Exploitation of minors concerning the delivery of a child to a beggar, if the delivery was made for compensation?](https://ndvlaw.com/what-is-the-highest-penalty-for-exploitation-of-minors-concerning-the-delivery-of-a-child-to-a-beggar-if-the-delivery-was-made-for-compensation/): Delivering a child under sixteen to a beggar for compensation results in the maximum penalty for exploitation.
- [When are acrobats, circus managers, or similar professionals guilty of exploiting minors who are not their descendants?](https://ndvlaw.com/when-are-acrobats-circus-managers-or-similar-professionals-guilty-of-exploiting-minors-who-are-not-their-descendants/): Acrobats or circus managers employing unrelated children under sixteen in exhibitions are guilty of exploitation.
- [What act constitutes exploitation of minors involving dangerous feats, and what is the penalty?](https://ndvlaw.com/what-act-constitutes-exploitation-of-minors-involving-dangerous-feats-and-what-is-the-penalty/): Causing a minor under sixteen to perform dangerous feats of balancing or strength incurs prision correccional.
- [What penalty is imposed upon parents who neglect their children's education?](https://ndvlaw.com/what-penalty-is-imposed-upon-parents-who-neglect-their-childrens-education/): Parents neglecting to give their children required education, based on station and finances, face arresto mayor.
- [What is the offense and penalty for a person entrusted with a minor's rearing who delivers the minor to a public institution without consent?](https://ndvlaw.com/what-is-the-offense-and-penalty-for-a-person-entrusted-with-a-minors-rearing-who-delivers-the-minor-to-a-public-institution-without-consent/): A person entrusted with a minor who delivers them to an institution without consent suffers arresto mayor.
- [How is the penalty for Abandoning a minor affected if the child's life is endangered or if death results from the abandonment?](https://ndvlaw.com/how-is-the-penalty-for-abandoning-a-minor-affected-if-the-childs-life-is-endangered-or-if-death-results-from-the-abandonment/): If abandonment of a minor results in death, the penalty is prision correccional medium/maximum; if only danger, minimum/medium.
- [What crime is committed by a person having custody of a child under seven years of age who abandons the child?](https://ndvlaw.com/what-crime-is-committed-by-a-person-having-custody-of-a-child-under-seven-years-of-age-who-abandons-the-child/): Abandoning a minor under seven years old when custody is incumbent upon the offender is punished by arresto mayor.
- [What is the duty and penalty for a person who finds another wounded or in danger of dying in an uninhabited place?](https://ndvlaw.com/what-is-the-duty-and-penalty-for-a-person-who-finds-another-wounded-or-in-danger-of-dying-in-an-uninhabited-place/): Failing to assist a person wounded in an uninhabited place without self-detriment is penalized by arresto mayor.
- [What is the duty of a person who finds an abandoned child under seven years of age, and what happens if they fail this duty?](https://ndvlaw.com/what-is-the-duty-of-a-person-who-finds-an-abandoned-child-under-seven-years-of-age-and-what-happens-if-they-fail-this-duty/): Failure to deliver an abandoned child under seven to authorities or a safe place is punished by arresto mayor.
- [What crime is committed by a person who compels a debtor to work against their will to enforce payment of a debt?](https://ndvlaw.com/what-crime-is-committed-by-a-person-who-compels-a-debtor-to-work-against-their-will-to-enforce-payment-of-a-debt/): Compelling a debtor to work as a servant or laborer against their will to pay a debt is penalized.
- [What actions constitute the crime of Exploitation of child labor, and what is the prescribed penalty?](https://ndvlaw.com/what-actions-constitute-the-crime-of-exploitation-of-child-labor-and-what-is-the-prescribed-penalty/): Exploiting child labor by retaining a minor against their will for debt reimbursement is penalized by prision correccional.
- [How is the penalty for Slavery modified if the crime is committed for the purpose of assigning the victim to some immoral traffic?](https://ndvlaw.com/how-is-the-penalty-for-slavery-modified-if-the-crime-is-committed-for-the-purpose-of-assigning-the-victim-to-some-immoral-traffic/): If slavery is committed to assign the victim to immoral traffic, the penalty of prision mayor is imposed in its maximum period.
- [What actions constitute the crime of Slavery, and what is the penalty?](https://ndvlaw.com/what-actions-constitute-the-crime-of-slavery-and-what-is-the-penalty/): Purchasing, selling, kidnapping, or detaining someone for enslavement is punished by prision mayor and a fine.
- [How is the penalty mitigated if the person inducing the minor to abandon home is the minor's father or mother?](https://ndvlaw.com/how-is-the-penalty-mitigated-if-the-person-inducing-the-minor-to-abandon-home-is-the-minors-father-or-mother/): If the offender inducing a minor to abandon home is the parent, the penalty is mitigated to arresto mayor or a fine.
- [What crime and penalty applies to anyone who induces a minor to abandon the home of their parent or guardian?](https://ndvlaw.com/what-crime-and-penalty-applies-to-anyone-who-induces-a-minor-to-abandon-the-home-of-their-parent-or-guardian/): Inducing a minor to abandon their home is punished by prision correccional and a fine up to P100,000.
- [What crime is committed by a person entrusted with a minor's custody who deliberately fails to return the child to their parents?](https://ndvlaw.com/what-crime-is-committed-by-a-person-entrusted-with-a-minors-custody-who-deliberately-fails-to-return-the-child-to-their-parents/): Failure to return a minor by the person entrusted with custody incurs reclusion perpetua.
- [What is the offense of Unlawful arrest, and what is its prescribed penalty?](https://ndvlaw.com/what-is-the-offense-of-unlawful-arrest-and-what-is-its-prescribed-penalty/): Arresting or detaining someone without legal authority to deliver them to police constitutes unlawful arrest.
- [How is the penalty for Slight illegal detention affected if the offender voluntarily releases the victim early?](https://ndvlaw.com/how-is-the-penalty-for-slight-illegal-detention-affected-if-the-offender-voluntarily-releases-the-victim-early/): Voluntarily releasing a victim within three days, before charges, mitigates penalty to prision mayor minimum/medium.
- [What is the penalty for a person who furnishes the place for the perpetration of the crime of slight illegal detention?](https://ndvlaw.com/what-is-the-penalty-for-a-person-who-furnishes-the-place-for-the-perpetration-of-the-crime-of-slight-illegal-detention/): Anyone furnishing the place for slight illegal detention incurs the same penalty of reclusion temporal.
- [What crime is committed if a private individual commits illegal detention without any of the qualifying circumstances of Article 267?](https://ndvlaw.com/what-crime-is-committed-if-a-private-individual-commits-illegal-detention-without-any-of-the-qualifying-circumstances-of-article-267/): Committing illegal detention without serious qualifying circumstances results in reclusion temporal.
- [When is the maximum penalty of death imposed for Kidnapping and serious illegal detention relating to the victim's outcome?](https://ndvlaw.com/when-is-the-maximum-penalty-of-death-imposed-for-kidnapping-and-serious-illegal-detention-relating-to-the-victims-outcome/): The maximum penalty for serious illegal detention is imposed if the victim is killed, raped, or tortured.
- [What circumstances qualify illegal detention as "serious" and mandate the maximum penalty?](https://ndvlaw.com/what-circumstances-qualify-illegal-detention-as-serious-and-mandate-the-maximum-penalty/): Detention becomes serious if it lasts over five days, involves serious injury, or targets a minor, female, or public officer.
- [Who is liable for Kidnapping and serious illegal detention, and what is the fundamental act penalized?](https://ndvlaw.com/who-is-liable-for-kidnapping-and-serious-illegal-detention-and-what-is-the-fundamental-act-penalized/): A private individual kidnapping or detaining another suffers reclusion perpetua to death.
- [What kind of evidence may be accepted as proof in the prosecution of Rape under Article 266-A?](https://ndvlaw.com/what-kind-of-evidence-may-be-accepted-as-proof-in-the-prosecution-of-rape-under-article-266-a/): Any physical overt act of resistance or incapacity to consent may be accepted as evidence in rape prosecution.
- [What action extinguishes the criminal action for Rape when the legal husband is the offender?](https://ndvlaw.com/what-action-extinguishes-the-criminal-action-for-rape-when-the-legal-husband-is-the-offender/): If the offender is the legal husband, the wife's forgiveness extinguishes the criminal action or penalty, unless the marriage is void.
- [What is the effect of a subsequent valid marriage between the offender and the offended party in a case of Rape?](https://ndvlaw.com/what-is-the-effect-of-a-subsequent-valid-marriage-between-the-offender-and-the-offended-party-in-a-case-of-rape/): A subsequent valid marriage between the offender and victim extinguishes the criminal action or the penalty for rape.
- [What qualifying circumstances for Rape relate to the victim's pregnancy, disability, or mutilation?](https://ndvlaw.com/what-qualifying-circumstances-for-rape-relate-to-the-victims-pregnancy-disability-or-mutilation/): Rape resulting in permanent mutilation, or committed knowing the victim is pregnant or disabled, qualifies for death.
- [What circumstances related to disease transmission or abuse of military/police position qualify Rape for the death penalty?](https://ndvlaw.com/what-circumstances-related-to-disease-transmission-or-abuse-of-military-police-position-qualify-rape-for-the-death-penalty/): Rape involving disease transmission or facilitated by abuse of military/police position qualifies for the death penalty.
- [What are two qualifying circumstances for Rape related to the victim's age or profession and the offender's knowledge?](https://ndvlaw.com/what-are-two-qualifying-circumstances-for-rape-related-to-the-victims-age-or-profession-and-the-offenders-knowledge/): Rape involving a child below seven years old or a known religious person imposes the death penalty.
- [What are the qualifying circumstances related to law enforcement custody or public viewing that mandate the death penalty for Rape?](https://ndvlaw.com/what-are-the-qualifying-circumstances-related-to-law-enforcement-custody-or-public-viewing-that-mandate-the-death-penalty-for-rape-2/): Rape committed while the victim is in police custody or in full view of their family mandates the death penalty.
- [When is the maximum penalty of death imposed for Rape under Article 266-B?](https://ndvlaw.com/when-is-the-maximum-penalty-of-death-imposed-for-rape-under-article-266-b-2/): Death penalty is imposed if homicide occurs during rape, or if the victim is a minor related to the offender.
- [When is the penalty for Rape elevated to reclusion perpetua to death based on the means used or the resulting harm to the victim?](https://ndvlaw.com/when-is-the-penalty-for-rape-elevated-to-reclusion-perpetua-to-death-based-on-the-means-used-or-the-resulting-harm-to-the-victim/): Rape committed with a deadly weapon, by multiple persons, or causing the victim's insanity incurs death penalty.
- [What is the prescribed basic penalty for Rape involving carnal knowledge under Article 266-A, paragraph 1?](https://ndvlaw.com/what-is-the-prescribed-basic-penalty-for-rape-involving-carnal-knowledge-under-article-266-a-paragraph-1-2/): The basic penalty for rape involving carnal knowledge is reclusion perpetua.
- [Aside from force or threat, what other circumstances related to the victim’s condition qualify the act as Rape?](https://ndvlaw.com/aside-from-force-or-threat-what-other-circumstances-related-to-the-victims-condition-qualify-the-act-as-rape-2/): Rape is committed when the victim is unconscious, demented, under 12 years old, or subjected to fraudulent machination.
- [Under the law, how is the crime of Rape committed by a man against a woman using force, threat, or intimidation?](https://ndvlaw.com/under-the-law-how-is-the-crime-of-rape-committed-by-a-man-against-a-woman-using-force-threat-or-intimidation-2/): Rape is committed by a man having carnal knowledge of a woman through force, threat, or intimidation.
- [What punishment is imposed for the act of simple maltreatment by deed without causing any injury?](https://ndvlaw.com/what-punishment-is-imposed-for-the-act-of-simple-maltreatment-by-deed-without-causing-any-injury-2/): Ill-treating another by deed without causing injury is punished by arresto menor minimum or a fine up to P5,000.
- [What is the penalty for slight physical injuries that do not prevent the victim from engaging in habitual work or require medical assistance?](https://ndvlaw.com/what-is-the-penalty-for-slight-physical-injuries-that-do-not-prevent-the-victim-from-engaging-in-habitual-work-or-require-medical-assistance-2/): Causing slight injuries that do not prevent work nor require medical aid is punished by arresto menor or a fine.
- [What constitutes the first form of Slight physical injuries, and what is the penalty?](https://ndvlaw.com/what-constitutes-the-first-form-of-slight-physical-injuries-and-what-is-the-penalty-2/): Injuries causing incapacity or requiring medical assistance for one to nine days are punished by arresto menor.
- [What is the penalty for inflicting less serious physical injuries upon one's parents or a person in authority?](https://ndvlaw.com/what-is-the-penalty-for-inflicting-less-serious-physical-injuries-upon-ones-parents-or-a-person-in-authority-2/): Inflicting less serious injuries on parents or persons in authority is punished by prision correccional.
- [When are Less serious physical injuries considered aggravated, requiring an additional fine?](https://ndvlaw.com/when-are-less-serious-physical-injuries-considered-aggravated-requiring-an-additional-fine-2/): Less serious injuries inflicted with intent to offend or adding ignominy incur an additional fine up to P50,000.
- [What constitutes Less serious physical injuries and what is the standard penalty?](https://ndvlaw.com/what-constitutes-less-serious-physical-injuries-and-what-is-the-standard-penalty-2/): Injuries causing incapacity or requiring medical assistance for ten or more days are punished by arresto mayor.
- [How are the penalties for administering injurious substances or beverages determined if done without intent to kill?](https://ndvlaw.com/how-are-the-penalties-for-administering-injurious-substances-or-beverages-determined-if-done-without-intent-to-kill-2/): Administering injurious substances without intent to kill, but causing serious injury, is penalized under Article 263.
- [When is the penalty for Serious Physical Injuries aggravated, and does this apply to injuries inflicted by a parent upon a child by excessive chastisement?](https://ndvlaw.com/when-is-the-penalty-for-serious-physical-injuries-aggravated-and-does-this-apply-to-injuries-inflicted-by-a-parent-upon-a-child-by-excessive-chastisement-2/): Aggravated serious injuries penalty excludes physical injuries inflicted by a parent through excessive chastisement.
- [What penalty is prescribed for serious physical injuries that cause illness or incapacity for labor for more than 30 days?](https://ndvlaw.com/what-penalty-is-prescribed-for-serious-physical-injuries-that-cause-illness-or-incapacity-for-labor-for-more-than-30-days-2/): Injuries causing incapacity or illness for more than 30 days incur arresto mayor maximum to prision correccional minimum.
- [How are serious physical injuries that result in deformity or prolonged incapacity for more than 90 days penalized?](https://ndvlaw.com/how-are-serious-physical-injuries-that-result-in-deformity-or-prolonged-incapacity-for-more-than-90-days-penalized-2/): Injuries causing deformity or incapacity for work exceeding 90 days are punished by prision correccional minimum/medium.
- [What penalty is imposed if a victim of serious physical injuries loses the use of a major body part or is permanently incapacitated for their usual work?](https://ndvlaw.com/what-penalty-is-imposed-if-a-victim-of-serious-physical-injuries-loses-the-use-of-a-major-body-part-or-is-permanently-incapacitated-for-their-usual-work-2/): Loss of a major sense or limb, or incapacity for habitual work, results in prision correccional medium/maximum.
- [What constitutes Serious physical injuries resulting in complete loss of mental capacity, and what is the corresponding penalty?](https://ndvlaw.com/what-constitutes-serious-physical-injuries-resulting-in-complete-loss-of-mental-capacity-and-what-is-the-corresponding-penalty-2/): Serious injuries resulting in insanity, imbecility, impotence, or blindness are penalized with prision mayor.
- [What is the distinction in penalty for Mutilation concerning the organ of reproduction versus any other body part?](https://ndvlaw.com/what-is-the-distinction-in-penalty-for-mutilation-concerning-the-organ-of-reproduction-versus-any-other-body-part-2/): Mutilating an essential organ of reproduction results in reclusion perpetua; other intentional mutilations incur prision mayor.
- [What are the qualifying circumstances related to law enforcement custody or public viewing that mandate the death penalty for Rape?](https://ndvlaw.com/what-are-the-qualifying-circumstances-related-to-law-enforcement-custody-or-public-viewing-that-mandate-the-death-penalty-for-rape/): Rape committed while the victim is in police custody or in full view of their family mandates the death penalty.
- [When is the maximum penalty of death imposed for Rape under Article 266-B?](https://ndvlaw.com/when-is-the-maximum-penalty-of-death-imposed-for-rape-under-article-266-b/): Death penalty is imposed if homicide occurs during rape, or if the victim is a minor related to the offender.
- [What is the prescribed basic penalty for Rape involving carnal knowledge under Article 266-A, paragraph 1?](https://ndvlaw.com/what-is-the-prescribed-basic-penalty-for-rape-involving-carnal-knowledge-under-article-266-a-paragraph-1/): The basic penalty for rape involving carnal knowledge is reclusion perpetua.
- [Aside from force or threat, what other circumstances related to the victim’s condition qualify the act as Rape?](https://ndvlaw.com/aside-from-force-or-threat-what-other-circumstances-related-to-the-victims-condition-qualify-the-act-as-rape/): Rape is committed when the victim is unconscious, demented, under 12 years old, or subjected to fraudulent machination.
- [Under the law, how is the crime of Rape committed by a man against a woman using force, threat, or intimidation?](https://ndvlaw.com/under-the-law-how-is-the-crime-of-rape-committed-by-a-man-against-a-woman-using-force-threat-or-intimidation/): Rape is committed by a man having carnal knowledge of a woman through force, threat, or intimidation.
- [What punishment is imposed for the act of simple maltreatment by deed without causing any injury?](https://ndvlaw.com/what-punishment-is-imposed-for-the-act-of-simple-maltreatment-by-deed-without-causing-any-injury/): Ill-treating another by deed without causing injury is punished by arresto menor minimum or a fine up to P5,000.
- [What is the penalty for slight physical injuries that do not prevent the victim from engaging in habitual work or require medical assistance?](https://ndvlaw.com/what-is-the-penalty-for-slight-physical-injuries-that-do-not-prevent-the-victim-from-engaging-in-habitual-work-or-require-medical-assistance/): Causing slight injuries that do not prevent work nor require medical aid is punished by arresto menor or a fine.
- [What constitutes the first form of Slight physical injuries, and what is the penalty?](https://ndvlaw.com/what-constitutes-the-first-form-of-slight-physical-injuries-and-what-is-the-penalty/): Injuries causing incapacity or requiring medical assistance for one to nine days are punished by arresto menor.
- [What is the penalty for inflicting less serious physical injuries upon one's parents or a person in authority?](https://ndvlaw.com/what-is-the-penalty-for-inflicting-less-serious-physical-injuries-upon-ones-parents-or-a-person-in-authority/): Inflicting less serious injuries on parents or persons in authority is punished by prision correccional.
- [When are Less serious physical injuries considered aggravated, requiring an additional fine?](https://ndvlaw.com/when-are-less-serious-physical-injuries-considered-aggravated-requiring-an-additional-fine/): Less serious injuries inflicted with intent to offend or adding ignominy incur an additional fine up to P50,000.
- [What constitutes Less serious physical injuries and what is the standard penalty?](https://ndvlaw.com/what-constitutes-less-serious-physical-injuries-and-what-is-the-standard-penalty/): Injuries causing incapacity or requiring medical assistance for ten or more days are punished by arresto mayor.
- [How are the penalties for administering injurious substances or beverages determined if done without intent to kill?](https://ndvlaw.com/how-are-the-penalties-for-administering-injurious-substances-or-beverages-determined-if-done-without-intent-to-kill/): Administering injurious substances without intent to kill, but causing serious injury, is penalized under Article 263.
- [When is the penalty for Serious Physical Injuries aggravated, and does this apply to injuries inflicted by a parent upon a child by excessive chastisement?](https://ndvlaw.com/when-is-the-penalty-for-serious-physical-injuries-aggravated-and-does-this-apply-to-injuries-inflicted-by-a-parent-upon-a-child-by-excessive-chastisement/): Aggravated serious injuries penalty excludes physical injuries inflicted by a parent through excessive chastisement.
- [What penalty is prescribed for serious physical injuries that cause illness or incapacity for labor for more than 30 days?](https://ndvlaw.com/what-penalty-is-prescribed-for-serious-physical-injuries-that-cause-illness-or-incapacity-for-labor-for-more-than-30-days/): Injuries causing incapacity or illness for more than 30 days incur arresto mayor maximum to prision correccional minimum.
- [How are serious physical injuries that result in deformity or prolonged incapacity for more than 90 days penalized?](https://ndvlaw.com/how-are-serious-physical-injuries-that-result-in-deformity-or-prolonged-incapacity-for-more-than-90-days-penalized/): Injuries causing deformity or incapacity for work exceeding 90 days are punished by prision correccional minimum/medium.
- [What penalty is imposed if a victim of serious physical injuries loses the use of a major body part or is permanently incapacitated for their usual work?](https://ndvlaw.com/what-penalty-is-imposed-if-a-victim-of-serious-physical-injuries-loses-the-use-of-a-major-body-part-or-is-permanently-incapacitated-for-their-usual-work/): Loss of a major sense or limb, or incapacity for habitual work, results in prision correccional medium/maximum.
- [What constitutes Serious physical injuries resulting in complete loss of mental capacity, and what is the corresponding penalty?](https://ndvlaw.com/what-constitutes-serious-physical-injuries-resulting-in-complete-loss-of-mental-capacity-and-what-is-the-corresponding-penalty/): Serious injuries resulting in insanity, imbecility, impotence, or blindness are penalized with prision mayor.
- [What are the formal requirements for a patent assignment?](https://ndvlaw.com/what-are-the-formal-requirements-for-a-patent-assignment/): To be valid, patent assignments must be written, notarized, and certified with an official seal by an authorized officer.
- [How are patents protected under Philippine law regarding property?](https://ndvlaw.com/how-are-patents-protected-under-philippine-law-regarding-property/): Patents are treated as property under the Civil Code, allowing them to be inherited, assigned, or legally protected like physical goods.
- [What are interdependent patents?](https://ndvlaw.com/what-are-interdependent-patents/): Owners of technologically advanced inventions that depend on existing patents may obtain a compulsory license to work their creations.
- [When is the requirement to obtain a license on reasonable commercial terms waived?](https://ndvlaw.com/when-is-the-requirement-to-obtain-a-license-on-reasonable-commercial-terms-waived/): Negotiating commercial terms is not required for compulsory licenses during emergencies or for public non-commercial use of inventions.
- [What is a special compulsory license under the TRIPS Agreement?](https://ndvlaw.com/what-is-a-special-compulsory-license-under-the-trips-agreement/): The Director General can issue special compulsory licenses to import affordable medicines for the Philippine public under TRIPS.
- [Can a compulsory license be granted if an invention is not being used?](https://ndvlaw.com/can-a-compulsory-license-be-granted-if-an-invention-is-not-being-used/): A compulsory license can be issued if a patent is not commercially utilized in the Philippines without a valid reason.
- [Under what circumstances can a compulsory license be granted?](https://ndvlaw.com/under-what-circumstances-can-a-compulsory-license-be-granted/): Compulsory licenses may be granted without the owner's consent during emergencies or for vital public interests like health.
- [What is the consequence of a license contract not conforming to the law?](https://ndvlaw.com/what-is-the-consequence-of-a-license-contract-not-conforming-to-the-law/): License agreements that violate mandatory legal provisions are unenforceable unless they receive special approval and registration.
- [When can a technology transfer arrangement be exempted from standard requirements?](https://ndvlaw.com/when-can-a-technology-transfer-arrangement-be-exempted-from-standard-requirements/): The DITTB may grant exemptions to standard licensing requirements for projects providing significant economic or technological benefits.
- [What is the primary right of a licensee in a technology transfer?](https://ndvlaw.com/what-is-the-primary-right-of-a-licensee-in-a-technology-transfer/): Licensees have the legal right to use and exploit the licensed technology for the full duration of the agreement.
- [What rights does a licensor retain in a license agreement?](https://ndvlaw.com/what-rights-does-a-licensor-retain-in-a-license-agreement/): Licensors can continue exploiting their invention and grant additional licenses unless their current contract explicitly states otherwise.
- [Who is responsible for paying Philippine taxes on technology transfer payments?](https://ndvlaw.com/who-is-responsible-for-paying-philippine-taxes-on-technology-transfer-payments/): Licensors are legally required to bear the burden of Philippine taxes for all payments received from technology transfer arrangements.
- [What mandatory provision regarding governing law must be in a license?](https://ndvlaw.com/what-mandatory-provision-regarding-governing-law-must-be-in-a-license/): Voluntary license contracts must be governed by Philippine law, with litigation venues set at the licensee's principal office location.
- [Can a licensor fix the resale price of products made under a license?](https://ndvlaw.com/can-a-licensor-fix-the-resale-price-of-products-made-under-a-license/): Licensors are prohibited from fixing the resale prices of products manufactured by their licensees under a technology transfer.
- [Are clauses requiring a licensee to buy from a specific source allowed?](https://ndvlaw.com/are-clauses-requiring-a-licensee-to-buy-from-a-specific-source-allowed/): Licensing agreements cannot legally force licensees to purchase materials exclusively from sources specified by the licensor.
- [Who settles disputes regarding royalty payments in technology transfers?](https://ndvlaw.com/who-settles-disputes-regarding-royalty-payments-in-technology-transfers/): The DITTB Director resolves royalty disputes and determines fair rates in technology transfer arrangements.
- [What is the purpose of a voluntary license contract?](https://ndvlaw.com/what-is-the-purpose-of-a-voluntary-license-contract/): Voluntary licenses promote technology sharing while preventing anti-competitive practices that could harm trade and innovation.
- [When can patent infringement lead to criminal liability?](https://ndvlaw.com/when-can-patent-infringement-lead-to-criminal-liability/): Repeating patent infringement after a final court judgment can lead to criminal penalties, including fines and imprisonment.
- [What is the role of an assessor in an infringement case?](https://ndvlaw.com/what-is-the-role-of-an-assessor-in-an-infringement-case/): Courts appoint technically skilled assessors to help navigate complex scientific or technical issues during patent infringement litigation.
- [What happens if a court finds a patent to be invalid?](https://ndvlaw.com/what-happens-if-a-court-finds-a-patent-to-be-invalid/): When a court finds a patent invalid, it must cancel it and record the fact in the official register.
- [What defenses can a defendant use in an infringement action?](https://ndvlaw.com/what-defenses-can-a-defendant-use-in-an-infringement-action/): Defendants in infringement cases can challenge the patent's validity using any legal ground applicable for patent cancellation.
- [Is notice required before damages can be recovered?](https://ndvlaw.com/is-notice-required-before-damages-can-be-recovered/): Recovery of damages requires the infringer to have known of the patent, often through "Philippine Patent" labeling on products.
- [What is the time limit for recovering damages in an infringement case?](https://ndvlaw.com/what-is-the-time-limit-for-recovering-damages-in-an-infringement-case/): Damages for patent infringement are only recoverable for acts occurring within four years prior to filing the legal action.
- [How is the burden of proof handled for process patents?](https://ndvlaw.com/how-is-the-burden-of-proof-handled-for-process-patents/): Identical products are presumed to be made via a patented process, shifting the burden of proof to the defendant.
- [Can a foreign national sue for patent infringement in the Philippines?](https://ndvlaw.com/can-a-foreign-national-sue-for-patent-infringement-in-the-philippines/): Foreign patent holders can sue for infringement in the Philippines even if they do not conduct business locally.
- [Who is considered a contributory infringer?](https://ndvlaw.com/who-is-considered-a-contributory-infringer/): Parties who knowingly assist or induce patent infringement by providing specialized components are held liable as contributory infringers.
- [What happens to infringing goods after a court ruling?](https://ndvlaw.com/what-happens-to-infringing-goods-after-a-court-ruling/): Courts may order the destruction or removal from commerce of infringing goods and materials without compensating the infringer.
- [Can the court award more than the actual damages sustained?](https://ndvlaw.com/can-the-court-award-more-than-the-actual-damages-sustained/): Courts can award up to triple the actual damages to an infringed patentee depending on case circumstances.
- [How are damages calculated if they cannot be readily ascertained?](https://ndvlaw.com/how-are-damages-calculated-if-they-cannot-be-readily-ascertained/): When actual damages are unclear, courts may award a reasonable royalty to compensate the patent owner for infringement.
- [What can a patentee recover in a civil action for infringement?](https://ndvlaw.com/what-can-a-patentee-recover-in-a-civil-action-for-infringement/): Infringed patentees can sue for damages, attorney's fees, and injunctions to stop further unauthorized use of their inventions.
- [What acts constitute patent infringement?](https://ndvlaw.com/what-acts-constitute-patent-infringement/): Unauthorized making, using, selling, or importing of patented products or processes generally constitutes a legal act of infringement.
- [What is the "doctrine of equivalents" in patent protection?](https://ndvlaw.com/what-is-the-doctrine-of-equivalents-in-patent-protection/): Patent protection extends to equivalent elements of the claims, preventing infringement through minor, non-substantial changes to an invention.
- [How is the extent of patent protection determined?](https://ndvlaw.com/how-is-the-extent-of-patent-protection-determined/): Patent protection boundaries are defined by claims, interpreted using the invention's descriptions and accompanying technical drawings.
- [Can the government use a patent if the demand for a drug is not being met?](https://ndvlaw.com/can-the-government-use-a-patent-if-the-demand-for-a-drug-is-not-being-met/): The government can exploit drug patents if the Secretary of Health finds local demand isn't being met reasonably.
- [Who has the authority to determine a national emergency for patent use?](https://ndvlaw.com/who-has-the-authority-to-determine-a-national-emergency-for-patent-use/): The President determines national emergencies, enabling immediate government exploitation of patented inventions to address urgent public needs.
- [What are the conditions for government use of a patent during an emergency?](https://ndvlaw.com/what-are-the-conditions-for-government-use-of-a-patent-during-an-emergency/): During emergencies, the government must notify patent holders and provide adequate remuneration for the non-exclusive use.
- [When can the government exploit a patented invention without the owner's agreement?](https://ndvlaw.com/when-can-the-government-exploit-a-patented-invention-without-the-owners-agreement/): The government can use patented inventions without consent for public interest, national security, or health reasons.
- [Can a prior user transfer their right to use the invention?](https://ndvlaw.com/can-a-prior-user-transfer-their-right-to-use-the-invention/): Prior user rights can only be transferred alongside the specific business or enterprise where the invention was used.
- [Who is considered a prior user of a patented invention?](https://ndvlaw.com/who-is-considered-a-prior-user-of-a-patented-invention/): Good faith users who utilized an invention before its patent filing date may continue their use.
- [What happens if a foreign vehicle carrying a patented invention enters the Philippines?](https://ndvlaw.com/what-happens-if-a-foreign-vehicle-carrying-a-patented-invention-enters-the-philippines/): Patented inventions on foreign vehicles entering the Philippines temporarily for their own needs do not constitute infringement.
- [Can medical professionals prepare patented medicines for individual prescriptions?](https://ndvlaw.com/can-medical-professionals-prepare-patented-medicines-for-individual-prescriptions/): Pharmacists and doctors can prepare patented medicines for specific individuals based on medical prescriptions without infringing rights.
- [What is the rule regarding testing drugs for government regulatory approval?](https://ndvlaw.com/what-is-the-rule-regarding-testing-drugs-for-government-regulatory-approval/): Testing and using patented drugs for regulatory approval purposes is permitted to facilitate generic market entry.
- [Can a patented invention be used for scientific experiments?](https://ndvlaw.com/can-a-patented-invention-be-used-for-scientific-experiments/): Patents do not prevent the exclusive use of inventions for scientific or educational experiments and related research activities.
- [Is private, non-commercial use of a patented invention considered infringement?](https://ndvlaw.com/is-private-non-commercial-use-of-a-patented-invention-considered-infringement/): Private, non-commercial use of a patented invention is allowed if it does not harm the owner's economic interests.
- [How does the limitation of patent rights apply to drugs and medicines?](https://ndvlaw.com/how-does-the-limitation-of-patent-rights-apply-to-drugs-and-medicines/): Patent rights for medicines are limited once introduced globally, allowing government or private importation for public access.
- [When is the use of a patented product allowed without the owner's consent?](https://ndvlaw.com/when-is-the-use-of-a-patented-product-allowed-without-the-owners-consent/): Third parties can use patented products once they are officially placed on the Philippine market by the patent owner.
- [Can a patent owner transfer their rights to someone else?](https://ndvlaw.com/can-a-patent-owner-transfer-their-rights-to-someone-else/): Patent owners are legally permitted to assign, transfer by succession, or license their patents to other entities.
- [What rights are conferred when the patent subject matter is a process?](https://ndvlaw.com/what-rights-are-conferred-when-the-patent-subject-matter-is-a-process/): Process patents allow owners to prohibit unauthorized use of the process and the sale of products derived from it.
- [What exclusive rights does a patent grant for a product?](https://ndvlaw.com/what-exclusive-rights-does-a-patent-grant-for-a-product/): Patent owners can stop unauthorized parties from making, using, selling, or importing their patented products in the Philippines.
- [Confidentiality of Bank Deposits vis-à-vis Cybercrime Investigations](https://ndvlaw.com/confidentiality-of-bank-deposits-vis-a-vis-cybercrime-investigations/): This article talks about the Supreme Court ruling that bank deposits are private but the information on the account holder may be disclosed in cybercrime cases.
- [Proving the Identity of Social Media Accounts in Criminal Cases — The Santos vs Reyes Case](https://ndvlaw.com/proving-the-identity-of-social-media-accounts-in-criminal-cases-the-santos-vs-reyes-case/): This article talks about how to prove social media accounts in criminal cases in the Philippines.
- [WHAT TO EXPECT IN PHILIPPINE COURT HEARINGS](https://ndvlaw.com/what-to-expect-in-philippine-court-hearings/): This article talks about how court proceedings in the Philippines are conducted and what to expect in such court hearings.
- [TOP 5 CORPORATE COMPLIANCE MISTAKES BUSINESSES MAKE](https://ndvlaw.com/top-5-corporate-compliance-mistakes-businesses-make/): This article talks about the top 5 corporate compliance mistakes that Philippine businesses or corporations make.
- [Ceilings on Interest Rates for Unsecured Loans not exceeding P10,000: An Explainer on the RECALIBRATED CEILINGS ON INTEREST RATES AND OTHER FEES CHARGED BY FINANCING COMPANIES AND LENDING COMPANIES (SEC MC No. 14, s. 2025)](https://ndvlaw.com/ceilings-on-interest-rates-for-unsecured-loans-not-exceeding-p10000-an-explainer-on-the-recalibrated-ceilings-on-interest-rates-and-other-fees-charged-by-financing-companies-and-lending-companies-s/): This article talks about SEC Memorandum Circular No. 14 (2025) wherein starting 01 April 2026, loans not exceeding 10 months are subject to a maximum effective Interest Rate of 12% per month and a total cost cap where the sum of all interests and fees cannot exceed 100% of the principal.
- [Transparency in Corporate Governance: An Explainer on the Revised Beneficial Ownership Disclosure Rules of 2026 (SEC MC No. 15, s. 2025)](https://ndvlaw.com/transparency-in-corporate-governance-an-explainer-on-the-revised-beneficial-ownership-disclosure-rules-of-2026-sec-mc-no-15-s-2025/): This article talks about SEC Memorandum Circular No. 15 (2025) or the Revised Beneficial Ownership Disclosure Rules of 2026 which implements a rigorous transparency framework requiring corporations to identify the natural persons who exercise ultimate effective control over their operations.
- [What is the effect of cancellation of a patent or specific claims on the rights of the patentee?](https://ndvlaw.com/what-is-the-effect-of-cancellation-of-a-patent-or-specific-claims-on-the-rights-of-the-patentee/): Cancellation terminates rights in the affected patent or claims, with the decision generally immediately executory and published.
- [How are highly technical patent cancellation cases heard within the IPO?](https://ndvlaw.com/how-are-highly-technical-patent-cancellation-cases-heard-within-the-ipo/): Highly technical cancellation cases may be heard by a three?member committee with technical expertise.
- [How are patentees and other interested parties notified of a petition for cancellation and hearing?](https://ndvlaw.com/how-are-patentees-and-other-interested-parties-notified-of-a-petition-for-cancellation-and-hearing/): In cancellation cases, the IPO notifies patentees and recorded right?holders and publishes notice of filing.
- [What formal requirements must a petition for cancellation of a patent satisfy?](https://ndvlaw.com/what-formal-requirements-must-a-petition-for-cancellation-of-a-patent-satisfy/): Cancellation petitions must be written, verified, specify grounds and facts, and attach supporting documents with translations.
- [On what grounds may any interested person seek cancellation of a patent or its claims?](https://ndvlaw.com/on-what-grounds-may-any-interested-person-seek-cancellation-of-a-patent-or-its-claims/): Patents may be cancelled for lack of novelty, insufficient disclosure, or being contrary to public order or morality.
- [How are amendments or corrections to a patent formally implemented and publicized?](https://ndvlaw.com/how-are-amendments-or-corrections-to-a-patent-formally-implemented-and-publicized/): Amendments are implemented by certificate attached to the patent and published in the IPO Gazette.
- [In what ways may a patentee request changes in an issued patent, and what are the limits?](https://ndvlaw.com/in-what-ways-may-a-patentee-request-changes-in-an-issued-patent-and-what-are-the-limits/): Patentees may limit or correct patents, but cannot add new disclosure and face limits on broadening.
- [Can mistakes in a patent incurred by the applicant be corrected, and under what conditions?](https://ndvlaw.com/can-mistakes-in-a-patent-incurred-by-the-applicant-be-corrected-and-under-what-conditions/): Formal and clerical mistakes not caused by the Office may be corrected upon request and payment of a fee.
- [How are mistakes of the IPO in an issued patent corrected?](https://ndvlaw.com/how-are-mistakes-of-the-ipo-in-an-issued-patent-corrected/): The Director may correct, without fee, patent mistakes caused by the Office to conform with its records.
- [May a patentee voluntarily surrender a patent, and what consents are required?](https://ndvlaw.com/may-a-patentee-voluntarily-surrender-a-patent-and-what-consents-are-required/): A patent may be surrendered with consent of all recorded right?holders, subject to possible opposition.
- [What is the consequence of failure to pay annual fees, and is there any grace period?](https://ndvlaw.com/what-is-the-consequence-of-failure-to-pay-annual-fees-and-is-there-any-grace-period/): Failure to pay annual fees causes withdrawal or lapse, subject to a six?month grace period with surcharge.
- [When do annual fees for maintaining a patent application or patent start to accrue?](https://ndvlaw.com/when-do-annual-fees-for-maintaining-a-patent-application-or-patent-start-to-accrue/): Annual fees begin four years from publication and are due on each anniversary thereafter.
- [What is the term of a Philippine patent, and from what date is it computed?](https://ndvlaw.com/what-is-the-term-of-a-philippine-patent-and-from-what-date-is-it-computed/): A patent lasts twenty years from the filing date of the application.
- [What formal attributes must the issued patent document have?](https://ndvlaw.com/what-formal-attributes-must-the-issued-patent-document-have/): Patents are issued in the Republic’s name, under IPO seal, signed by the Director, and registered with full documentation.
- [What information about a granted patent is published, and who may inspect the full patent documents?](https://ndvlaw.com/what-information-about-a-granted-patent-is-published-and-who-may-inspect-the-full-patent-documents/): Upon grant, patent details are published and any interested party may inspect the full documents.
- [Can an applicant appeal a final refusal of a patent application by the examiner?](https://ndvlaw.com/can-an-applicant-appeal-a-final-refusal-of-a-patent-application-by-the-examiner/): Final refusals by the examiner may be appealed to the Director under procedures set by regulations.
- [Under what conditions will the IPO grant a patent, and when does the patent take effect?](https://ndvlaw.com/under-what-conditions-will-the-ipo-grant-a-patent-and-when-does-the-patent-take-effect/): A patent is granted if requirements and fees are met and takes effect upon publication of the grant.
- [May a patent application be amended during examination, and what is the key limitation?](https://ndvlaw.com/may-a-patent-application-be-amended-during-examination-and-what-is-the-key-limitation/): Amendments are allowed during examination but cannot add new matter beyond the original disclosure.
- [Can an applicant withdraw a previously filed request for substantive examination and obtain a refund?](https://ndvlaw.com/can-an-applicant-withdraw-a-previously-filed-request-for-substantive-examination-and-obtain-a-refund/): Withdrawal of an examination request is irrevocable and does not entitle the applicant to any refund.
- [What happens if the applicant fails to request substantive examination after publication?](https://ndvlaw.com/what-happens-if-the-applicant-fails-to-request-substantive-examination-after-publication/): If no examination request is filed within six months of publication, the application is deemed withdrawn.
- [May third parties comment on the patentability of an invention after publication?](https://ndvlaw.com/may-third-parties-comment-on-the-patentability-of-an-invention-after-publication/): After publication, anyone may file written observations on patentability, which are shared with the applicant.
- [What provisional rights does an applicant gain after publication of a patent application?](https://ndvlaw.com/what-provisional-rights-does-an-applicant-gain-after-publication-of-a-patent-application/): After publication, applicants enjoy patentee?like rights against users with knowledge, enforceable once the patent is granted.
- [Are patent applications confidential before publication?](https://ndvlaw.com/are-patent-applications-confidential-before-publication/): Before publication, patent applications and related documents remain confidential absent the applicant’s consent.
- [When and how is a Philippine patent application published?](https://ndvlaw.com/when-and-how-is-a-philippine-patent-application-published/): Applications are published after 18 months with a search report, and documents become open to public inspection.
- [What is done after an application passes the formality examination?](https://ndvlaw.com/what-is-done-after-an-application-passes-the-formality-examination/): After formal compliance, the IPO classifies the application and conducts a prior?art search.
- [What is the “formality examination” in the Philippine patent process?](https://ndvlaw.com/what-is-the-%c2%93formality-examination%c2%94-in-the-philippine-patent-process/): After a filing date, the IPO checks formal requirements; non?compliance leads to withdrawal.
- [What happens if an application initially lacks one of the filing date elements?](https://ndvlaw.com/what-happens-if-an-application-initially-lacks-one-of-the-filing-date-elements/): Deficient applications may be corrected, but if not remedied in time, they are deemed withdrawn.
- [What are the minimum elements needed to obtain a filing date for a patent application?](https://ndvlaw.com/what-are-the-minimum-elements-needed-to-obtain-a-filing-date-for-a-patent-application/): A filing date requires an indication of a patent, applicant identity, and a description with at least one claim.
- [Can the IPO require information about corresponding foreign patent applications?](https://ndvlaw.com/can-the-ipo-require-information-about-corresponding-foreign-patent-applications/): The Director may require applicants to provide details and documents on corresponding foreign patent applications.
- [Is non?compliance with unity of invention a ground to cancel a granted patent?](https://ndvlaw.com/is-noncompliance-with-unity-of-invention-a-ground-to-cancel-a-granted-patent/): Lack of unity is not a standalone ground to cancel a granted patent.
- [Can one patent application cover more than one invention in the Philippines?](https://ndvlaw.com/can-one-patent-application-cover-more-than-one-invention-in-the-philippines/): A single application may cover multiple inventions only if they share a single general inventive concept; otherwise, division is required.
- [What is the purpose of the abstract in a Philippine patent application?](https://ndvlaw.com/what-is-the-purpose-of-the-abstract-in-a-philippine-patent-application/): The abstract is a short technical summary for information and search, not for defining legal scope.
- [How do claims define the scope of a patent in the Philippines?](https://ndvlaw.com/how-do-claims-define-the-scope-of-a-patent-in-the-philippines/): Claims define the scope of protection and must be clear, concise, and supported by the description.
- [What is the function of the “description” part of a patent application?](https://ndvlaw.com/what-is-the-function-of-the-%c2%93description%c2%94-part-of-a-patent-application/): The description contains technical details, with contents and order set by regulations to support examination and claims.
- [How clear and complete must the disclosure of an invention be in a patent application?](https://ndvlaw.com/how-clear-and-complete-must-the-disclosure-of-an-invention-be-in-a-patent-application/): Disclosure must let a skilled person practice the invention; special deposits are required for certain micro?organisms.
- [What information must be included in the “request” portion of a patent application?](https://ndvlaw.com/what-information-must-be-included-in-the-%c2%93request%c2%94-portion-of-a-patent-application/): The request must petition for a patent and include applicant, inventor, agent data, and the invention title.
- [What must a non?resident patent applicant do regarding representation in the Philippines?](https://ndvlaw.com/what-must-a-nonresident-patent-applicant-do-regarding-representation-in-the-philippines/): Non?resident applicants must appoint a Philippine resident agent for service of notices and processes.
- [Is it possible to obtain a patent if the inventor is not identified in the application?](https://ndvlaw.com/is-it-possible-to-obtain-a-patent-if-the-inventor-is-not-identified-in-the-application/): Identification of the inventor is mandatory, and non?inventor applicants may need to prove their authority.
- [What are the mandatory contents of a Philippine patent application?](https://ndvlaw.com/what-are-the-mandatory-contents-of-a-philippine-patent-application/): A patent application must be in Filipino or English and include request, description, drawings, claims, and abstract.
- [How can a Philippine patent applicant claim priority from a foreign patent filing?](https://ndvlaw.com/how-can-a-philippine-patent-applicant-claim-priority-from-a-foreign-patent-filing/): A Philippine application may claim a foreign filing date if it claims priority and meets specific time and document requirements.
- [When does an employer own an invention made by its employee?](https://ndvlaw.com/when-does-an-employer-own-an-invention-made-by-its-employee/): Employer owns inventions resulting from regularly assigned duties, unless an express or implied agreement provides otherwise.
- [Who owns an invention made by an employee that is outside his regular duties?](https://ndvlaw.com/who-owns-an-invention-made-by-an-employee-that-is-outside-his-regular-duties/): If inventive activity is not part of regular duties, the employee owns the patent even using employer resources.
- [Who owns a commissioned invention under Philippine patent law?](https://ndvlaw.com/who-owns-a-commissioned-invention-under-philippine-patent-law/): In commissioned work, the commissioning party owns the patent by default unless the contract states otherwise.
- [How is priority resolved when two persons independently invent the same thing?](https://ndvlaw.com/how-is-priority-resolved-when-two-persons-independently-invent-the-same-thing/): Between independent inventors, the first to file (or claim priority) obtains the right to the patent.
- [Who initially owns the right to a patent under Philippine law?](https://ndvlaw.com/who-initially-owns-the-right-to-a-patent-under-philippine-law/): The right to a patent belongs to the inventor, his heirs, or assigns, and jointly to joint inventors.
- [What rights does a publisher have in a "Published Edition of Work"?](https://ndvlaw.com/what-rights-does-a-publisher-have-in-a-published-edition-of-work/): Publishers have a specific copyright in the typographical arrangement of a work’s published edition.
- [How are derivative works protected in relation to the original work?](https://ndvlaw.com/how-are-derivative-works-protected-in-relation-to-the-original-work/): Derivative works are protected as new works without affecting the existing copyright of the original material.
- [What are derivative works?](https://ndvlaw.com/what-are-derivative-works/): Derivative works are adaptations, translations, or original collections that receive copyright protection as new creations.
- [When does copyright protection begin?](https://ndvlaw.com/when-does-copyright-protection-begin/): Copyright protection is automatic from the moment of creation, regardless of the work's form, quality, or purpose.
- [Which works are protected as "Literary and Artistic Works"?](https://ndvlaw.com/which-works-are-protected-as-literary-and-artistic-works/): Literary and artistic works include books, music, art, and programs, protected from the moment they are created.
- [What is "rights management information"?](https://ndvlaw.com/what-is-rights-management-information/): Rights management information identifies the work, author, and usage terms attached to a copy of the work.
- [What is a "technological measure"?](https://ndvlaw.com/what-is-a-technological-measure/): Technological measures are devices or technologies used to prevent unauthorized access or use of copyrighted works.
- [What constitutes a "work of the Government"?](https://ndvlaw.com/what-constitutes-a-work-of-the-government/): Government works are created by public employees as part of their official duties and generally lack copyright.
- [What is a "work of applied art"?](https://ndvlaw.com/what-is-a-work-of-applied-art/): Applied art refers to artistic creations with functional purposes, whether handmade or industrially manufactured.
- [How does the law define "reproduction"?](https://ndvlaw.com/how-does-the-law-define-reproduction/): Reproduction is the making of temporary or permanent copies of a work in any form or manner.
- [What is "rental" in the context of intellectual property?](https://ndvlaw.com/what-is-rental-in-the-context-of-intellectual-property/): Rental is the profit-motivated transfer of a work’s possession for a specific, limited timeframe.
- [What is the definition of "published works"?](https://ndvlaw.com/what-is-the-definition-of-published-works/): Published works are those made available to the public with the author's consent for individual access.
- [What qualifies as "public performance"?](https://ndvlaw.com/what-qualifies-as-public-performance/): Public performance involves acting or playing works in places accessible to people outside a private family circle.
- [What is "public lending" under the Code?](https://ndvlaw.com/what-is-public-lending-under-the-code/): Public lending is the non-profit transfer of works for a limited time by institutions like public libraries.
- [How is a "computer program" defined?](https://ndvlaw.com/how-is-a-computer-program-defined/): A computer program is a set of instructions that causes a computer to perform tasks when stored in readable media.
- [What does "communication to the public" mean?](https://ndvlaw.com/what-does-communication-to-the-public-mean/): Communication to the public includes broadcasting and making works accessible at a time and place chosen by the user.
- [What constitutes a "collective work"?](https://ndvlaw.com/what-constitutes-a-collective-work/): A collective work involves multiple creators working under a director who discloses the work under their own name.
- [Who is defined as an "Author" under the law?](https://ndvlaw.com/who-is-defined-as-an-author-under-the-law/): An author is the natural person who creates a work, serving as the primary copyright holder under the law.
- [Can an innocent infringer engaged solely in printing be subject to a claim for damages?](https://ndvlaw.com/can-an-innocent-infringer-engaged-solely-in-printing-be-subject-to-a-claim-for-damages/): Innocent printers are only subject to injunctions and are protected from damage claims for printing infringing materials.
- [How is knowledge of registration presumed for the purpose of recovering damages?](https://ndvlaw.com/how-is-knowledge-of-registration-presumed-for-the-purpose-of-recovering-damages/): Displaying "Registered Mark" or the letter R in a circle creates a legal presumption of knowledge for damages.
- [What happens to the means of making infringing materials, such as plates and molds?](https://ndvlaw.com/what-happens-to-the-means-of-making-infringing-materials-such-as-plates-and-molds/): Courts can order the destruction of all tools and equipment used to produce infringing or counterfeit marks.
- [What documents can a court impound during an infringement action?](https://ndvlaw.com/what-documents-can-a-court-impound-during-an-infringement-action/): Courts may impound sales invoices and other transaction records during the course of an infringement lawsuit.
- [Does a change in the form of a mark diminish the protection granted to it?](https://ndvlaw.com/does-a-change-in-the-form-of-a-mark-diminish-the-protection-granted-to-it/): Using a mark in a slightly different form does not reduce its protection or cause its cancellation.
- [What is the effect of an earlier filed petition to cancel a mark on a subsequent enforcement action?](https://ndvlaw.com/what-is-the-effect-of-an-earlier-filed-petition-to-cancel-a-mark-on-a-subsequent-enforcement-action/): An earlier cancellation petition does not stop a court from deciding a separate action to enforce mark rights.
- [Can a petition for cancellation be filed for only a portion of the goods for which a mark is registered?](https://ndvlaw.com/can-a-petition-for-cancellation-be-filed-for-only-a-portion-of-the-goods-for-which-a-mark-is-registered/): A petition can target specific goods for cancellation if the mark has only become generic for those items.
- [How is purchaser motivation treated in determining if a mark has become generic?](https://ndvlaw.com/how-is-purchaser-motivation-treated-in-determining-if-a-mark-has-become-generic/): The test for a generic mark is its significance to the public, not why a purchaser bought it.
- [What are the criminal penalties for trademark infringement and unfair competition?](https://ndvlaw.com/what-are-the-criminal-penalties-for-trademark-infringement-and-unfair-competition/): Guilty parties face two to five years of imprisonment and fines up to P200,000 for trademark violations.
- [What happens to goods that are marked or labeled with false designations of origin?](https://ndvlaw.com/what-happens-to-goods-that-are-marked-or-labeled-with-false-designations-of-origin/): Goods with false labels or designations of origin are prohibited from being imported into the Philippines.
- [What is the liability for using a false designation of origin in commerce?](https://ndvlaw.com/what-is-the-liability-for-using-a-false-designation-of-origin-in-commerce/): Using false designations of origin or misleading facts in commerce creates liability for damages and injunctions.
- [What remedies are available for victims of unfair competition?](https://ndvlaw.com/what-remedies-are-available-for-victims-of-unfair-competition/): Victims of unfair competition have access to remedies like damages, injunctions, and destruction of infringing materials.
- [How does the law address false statements made in the course of trade?](https://ndvlaw.com/how-does-the-law-address-false-statements-made-in-the-course-of-trade/): Making false trade statements or acts intended to discredit a competitor's business constitutes unfair competition.
- [What specific act regarding the appearance of goods is deemed unfair competition?](https://ndvlaw.com/what-specific-act-regarding-the-appearance-of-goods-is-deemed-unfair-competition/): Giving goods a deceptive appearance similar to another's products to influence purchasers is guilty of unfair competition.
- [What is the legal definition of unfair competition?](https://ndvlaw.com/what-is-the-legal-definition-of-unfair-competition/): Passing off goods as those of another through deception or bad faith is defined as unfair competition.
- [What constitutes the property right in the "goodwill" of goods or services?](https://ndvlaw.com/what-constitutes-the-property-right-in-the-goodwill-of-goods-or-services/): Businesses possess protected property rights in their goodwill, which is the public's identification of their unique services.
- [Is the registration of a collective mark subject to a license contract?](https://ndvlaw.com/is-the-registration-of-a-collective-mark-subject-to-a-license-contract/): Collective mark registrations and applications are legally prohibited from being the subject of any license contract.
- [On what grounds can the registration of a collective mark be cancelled?](https://ndvlaw.com/on-what-grounds-can-the-registration-of-a-collective-mark-be-cancelled/): Collective marks are cancelled if used only by the owner, used deceptively, or in violation of agreements.
- [What are the requirements for an application for the registration of a collective mark?](https://ndvlaw.com/what-are-the-requirements-for-an-application-for-the-registration-of-a-collective-mark/): Applications for collective marks must include the mark's designation and the agreement governing its use.
- [How can a person aid customs officers in enforcing trademark prohibitions?](https://ndvlaw.com/how-can-a-person-aid-customs-officers-in-enforcing-trademark-prohibitions/): Rightsholders can record their trademarks with the Bureau of Customs to help officers identify and stop infringing imports.
- [What imported goods are prohibited from entry at Philippine customhouses?](https://ndvlaw.com/what-imported-goods-are-prohibited-from-entry-at-philippine-customhouses/): Goods simulating domestic products or bearing deceptive marks regarding their origin are barred from Philippine entry.
- [How must the ownership of a trade name be transferred?](https://ndvlaw.com/how-must-the-ownership-of-a-trade-name-be-transferred/): Transfer of a trade name’s ownership is only valid if the identified enterprise is also transferred.
- [Are trade names protected even if they are not registered?](https://ndvlaw.com/are-trade-names-protected-even-if-they-are-not-registered/): Trade names are legally protected against unlawful use by third parties even without official registration.
- [When is a name or designation prohibited from being used as a trade name?](https://ndvlaw.com/when-is-a-name-or-designation-prohibited-from-being-used-as-a-trade-name/): Trade names contrary to public order or morals, or those that deceive the public, are prohibited.
- [What are the notification duties of a clerk of court regarding suits involving marks?](https://ndvlaw.com/what-are-the-notification-duties-of-a-clerk-of-court-regarding-suits-involving-marks/): Clerks of court must notify the Director within one month of filing or judgment in trademark cases.
- [What is the liability for making a false or fraudulent declaration to procure a mark registration?](https://ndvlaw.com/what-is-the-liability-for-making-a-false-or-fraudulent-declaration-to-procure-a-mark-registration/): Procuring a mark registration through false or fraudulent means makes the party liable for all resulting damages.
- [What authority does a court have regarding the rectification of the trademark register?](https://ndvlaw.com/what-authority-does-a-court-have-regarding-the-rectification-of-the-trademark-register/): Courts can determine registration rights and order the cancellation or rectification of the trademark register.
- [Can a foreign corporation not engaged in business in the Philippines sue for trademark infringement?](https://ndvlaw.com/can-a-foreign-corporation-not-engaged-in-business-in-the-philippines-sue-for-trademark-infringement/): Foreign corporations can sue for infringement or unfair competition even if not licensed to do business locally.
- [Are there trademark infringement exceptions for imported drugs and medicines?](https://ndvlaw.com/are-there-trademark-infringement-exceptions-for-imported-drugs-and-medicines/): Imported or off-patent drugs do not infringe trademarks if their marks are untampered and legally permitted.
- [When can an injunction be denied to a mark owner regarding infringing advertisements?](https://ndvlaw.com/when-can-an-injunction-be-denied-to-a-mark-owner-regarding-infringing-advertisements/): Injunctive relief is unavailable if it would delay the customary delivery of a newspaper or magazine issue.
- [How are remedies limited against innocent publishers of infringing advertisements?](https://ndvlaw.com/how-are-remedies-limited-against-innocent-publishers-of-infringing-advertisements-2/): Remedies against innocent publishers of infringing advertisements are limited to injunctions against future transmissions of that ad.
- [How are remedies limited against innocent publishers of infringing advertisements?](https://ndvlaw.com/how-are-remedies-limited-against-innocent-publishers-of-infringing-advertisements/): Remedies against innocent publishers of infringing advertisements are limited to injunctions against future transmissions of that ad.
- [What are the legal remedies against an innocent printer of infringing materials?](https://ndvlaw.com/what-are-the-legal-remedies-against-an-innocent-printer-of-infringing-materials/): Remedies against innocent printers are limited only to an injunction against the future printing of infringing materials.
- [What protection is afforded to good faith prior users of a mark?](https://ndvlaw.com/what-protection-is-afforded-to-good-faith-prior-users-of-a-mark/): Registered marks cannot stop prior good faith users, though their rights are tied to their specific enterprise.
- [When is a trademark owner entitled to recover profits or damages?](https://ndvlaw.com/when-is-a-trademark-owner-entitled-to-recover-profits-or-damages/): Recovery of damages requires the infringer to have knowledge of the registration, which is presumed by proper notice.
- [Is removing the trademark enough to permit the release of counterfeit goods?](https://ndvlaw.com/is-removing-the-trademark-enough-to-permit-the-release-of-counterfeit-goods/): Removing a trademark from counterfeit goods is usually insufficient to allow those goods to re-enter commercial channels.
- [What power does a court have over infringing goods and materials?](https://ndvlaw.com/what-power-does-a-court-have-over-infringing-goods-and-materials/): Courts can order the destruction or disposal of infringing goods and all materials used to create them.
- [Under what conditions can a court double the damages awarded for infringement?](https://ndvlaw.com/under-what-conditions-can-a-court-double-the-damages-awarded-for-infringement/): Damages may be doubled if the infringer acted with an actual intent to mislead the public or defraud.
- [How are damages measured in a trademark infringement case?](https://ndvlaw.com/how-are-damages-measured-in-a-trademark-infringement-case/): Damages for infringement are measured by the owner's lost profits, the infringer's actual profits, or gross sales percentages.
- [Is an actual sale of goods required to establish trademark infringement?](https://ndvlaw.com/is-an-actual-sale-of-goods-required-to-establish-trademark-infringement/): Trademark infringement is established when prohibited acts are committed, regardless of whether an actual sale occurred.
- [What actions constitute trademark infringement regarding the sale and advertising of goods?](https://ndvlaw.com/what-actions-constitute-trademark-infringement-regarding-the-sale-and-advertising-of-goods/): Unauthorized use of a mark in commerce that causes confusion or deception constitutes actionable trademark infringement.
- [What happens once an order for the cancellation of a mark registration becomes final?](https://ndvlaw.com/what-happens-once-an-order-for-the-cancellation-of-a-mark-registration-becomes-final/): Final cancellation orders terminate all rights conferred by registration and must be published in the IPO Gazette.
- [How does use of a mark by a related company benefit the registrant?](https://ndvlaw.com/how-does-use-of-a-mark-by-a-related-company-benefit-the-registrant/): Use of a mark by a related company benefits the registrant and maintains the mark's validity and registration.
- [How does the use of a mark for a single product within a registered class affect other goods in that class?](https://ndvlaw.com/how-does-the-use-of-a-mark-for-a-single-product-within-a-registered-class-affect-other-goods-in-that-class/): Using a mark for one product in a class prevents cancellation for all other goods within that same class.
- [Does using a mark in a slightly different form from its registration affect its protection?](https://ndvlaw.com/does-using-a-mark-in-a-slightly-different-form-from-its-registration-affect-its-protection/): Using a mark in a slightly different form doesn't cause cancellation, provided its distinctive character is not altered.
- [What conditions allow non-use of a mark to be legally excused?](https://ndvlaw.com/what-conditions-allow-non-use-of-a-mark-to-be-legally-excused/): Non-use is excused only if caused by external factors beyond the owner's control; lack of funds is never an excuse.
- [Which bodies have the jurisdiction to hear actions regarding mark cancellation?](https://ndvlaw.com/which-bodies-have-the-jurisdiction-to-hear-actions-regarding-mark-cancellation/): Jurisdiction for mark cancellation is held by the Bureau of Legal Affairs or courts handling related enforcement actions.
- [What are the consequences if a registered owner fails to use their mark in the Philippines?](https://ndvlaw.com/what-are-the-consequences-if-a-registered-owner-fails-to-use-their-mark-in-the-philippines/): Failure to use a mark in the Philippines for three uninterrupted years without reason allows for its cancellation.
- [How is it determined if a mark has become a generic name for goods or services?](https://ndvlaw.com/how-is-it-determined-if-a-mark-has-become-a-generic-name-for-goods-or-services/): The test for genericness is the mark's primary significance to the public, not the purchaser's motivation.
- [Under what circumstances can a mark registration be cancelled at any time?](https://ndvlaw.com/under-what-circumstances-can-a-mark-registration-be-cancelled-at-any-time/): Mark registration can be cancelled anytime if it becomes generic, is abandoned, or was obtained through fraudulent means.
- [Who is authorized to file a petition for the cancellation of a mark registration?](https://ndvlaw.com/who-is-authorized-to-file-a-petition-for-the-cancellation-of-a-mark-registration/): Parties believing they are damaged by a mark's registration may petition for its cancellation within five years.
- [What happens if a layout-design is created independently by a third party?](https://ndvlaw.com/what-happens-if-a-layout-design-is-created-independently-by-a-third-party/): Layout-design owners cannot stop third parties from using identical designs that were created independently and originally.
- [Can an industrial design registration be partially cancelled?](https://ndvlaw.com/can-an-industrial-design-registration-be-partially-cancelled/): Cancellation of an industrial design can be limited to specific parts, potentially through altering the design's features.
- [What is the grace period for paying the renewal fee of an industrial design registration?](https://ndvlaw.com/what-is-the-grace-period-for-paying-the-renewal-fee-of-an-industrial-design-registration/): A six-month grace period with a surcharge allows industrial design renewal after the initial expiration date.
- [How does the "First to File Rule" apply to industrial designs and layout-designs?](https://ndvlaw.com/how-does-the-first-to-file-rule-apply-to-industrial-designs-and-layout-designs/): The First to File rule applies to both industrial and layout designs, prioritizing the earliest filing date.
- [What are the grounds for cancelling the registration of a layout-design of an integrated circuit?](https://ndvlaw.com/what-are-the-grounds-for-cancelling-the-registration-of-a-layout-design-of-an-integrated-circuit/): Layout-designs face cancellation for non-protectability, lack of entitlement, or late filing after commercial exploitation.
- [Can an industrial design registration be cancelled if it is later found to not be new?](https://ndvlaw.com/can-an-industrial-design-registration-be-cancelled-if-it-is-later-found-to-not-be-new/): Industrial design registration can be cancelled if the design is proven to not be new during its term.
- [What happens if a person unknowingly acquires an article with an unlawfully reproduced layout-design?](https://ndvlaw.com/what-happens-if-a-person-unknowingly-acquires-an-article-with-an-unlawfully-reproduced-layout-design/): Innocent acquirers of infringed layout-designs are only liable for royalties after receiving notice of the unlawful reproduction.
- [Are there limitations to the rights of a layout-design owner regarding private use or research?](https://ndvlaw.com/are-there-limitations-to-the-rights-of-a-layout-design-owner-regarding-private-use-or-research/): Layout-design owners cannot block reproduction for private use, research, teaching, or creating new original designs.
- [What specific rights are conferred to the owner of a registered layout-design?](https://ndvlaw.com/what-specific-rights-are-conferred-to-the-owner-of-a-registered-layout-design/): Owners of layout-designs hold exclusive rights to reproduce, sell, and distribute their designs or articles containing them.
- [How long is a layout-design registration valid and when does its protection begin?](https://ndvlaw.com/how-long-is-a-layout-design-registration-valid-and-when-does-its-protection-begin/): Layout-design registration lasts ten years without renewal, starting from first commercial exploitation or the filing date.
- [What is the term of registration for an industrial design and can it be renewed?](https://ndvlaw.com/what-is-the-term-of-registration-for-an-industrial-design-and-can-it-be-renewed/): Industrial designs are valid for five years and can be renewed twice for five-year periods.
- [Are design registrations and their files open to public inspection?](https://ndvlaw.com/are-design-registrations-and-their-files-open-to-public-inspection/): Anyone is permitted to inspect the Register and files of registered designs, including cancellation proceeding records.
- [What does the Office examine during the registration process for designs?](https://ndvlaw.com/what-does-the-office-examine-during-the-registration-process-for-designs/): The Office examines applications against legal definitions and substantive conditions before ordering registration and issuing certificates.
- [How is the filing date of a design application determined by the Intellectual Property Office?](https://ndvlaw.com/how-is-the-filing-date-of-a-design-application-determined-by-the-intellectual-property-office/): The filing date is the day identity info and article representations are received by the Office.
- [Is it possible to include several industrial designs in a single registration application?](https://ndvlaw.com/is-it-possible-to-include-several-industrial-designs-in-a-single-registration-application/): Multiple industrial designs may share one application if they belong to the same classification or article set.
- [What information must be included in an application for an industrial design or layout-design?](https://ndvlaw.com/what-information-must-be-included-in-an-application-for-an-industrial-design-or-layout-design/): Applications for design registration must include applicant info, article indications, visual representations, and creator details.
- [When is a layout-design of an integrated circuit considered original for protection?](https://ndvlaw.com/when-is-a-layout-design-of-an-integrated-circuit-considered-original-for-protection/): Layout-designs are protected if they are original results of intellectual effort and not commonplace when created.
- [What are the conditions for an industrial design to benefit from legal protection?](https://ndvlaw.com/what-are-the-conditions-for-an-industrial-design-to-benefit-from-legal-protection/): Industrial designs must be new or ornamental to be protected, excluding purely functional or immoral designs.
- [What is a Layout-Design according to the Intellectual Property Code?](https://ndvlaw.com/what-is-a-layout-design-according-to-the-intellectual-property-code/): Layout-designs are three-dimensional dispositions of active elements and interconnections within an integrated circuit structure.
- [How does the law define an Integrated Circuit?](https://ndvlaw.com/how-does-the-law-define-an-integrated-circuit/): Integrated circuits are products with integrated active elements designed to perform specific electronic functions.
- [What is the legal definition of an Industrial Design in the Philippines?](https://ndvlaw.com/what-is-the-legal-definition-of-an-industrial-design-in-the-philippines/): Industrial designs are compositions or forms providing special appearances and serving as patterns for industrial products.
- [Does the law allow an applicant to file parallel applications for both a patent and a utility model for the same subject?](https://ndvlaw.com/does-the-law-allow-an-applicant-to-file-parallel-applications-for-both-a-patent-and-a-utility-model-for-the-same-subject/): Applicants are prohibited from filing parallel patent and utility model applications for the same subject matter.
- [Is it possible to convert a utility model application into a patent application?](https://ndvlaw.com/is-it-possible-to-convert-a-utility-model-application-into-a-patent-application/): Utility model applications may be converted into patent applications, preserving the original filing date if processed before registration.
- [How can a patent application be converted into a utility model application?](https://ndvlaw.com/how-can-a-patent-application-be-converted-into-a-utility-model-application/): Patent applications can be converted into utility model applications once, retaining the initial filing date upon payment.
- [What happens if the owner of a utility model registration is not the actual inventor?](https://ndvlaw.com/what-happens-if-the-owner-of-a-utility-model-registration-is-not-the-actual-inventor/): Registrations are cancelled if the owner is not the actual inventor or their authorized successor in title.
- [Can a utility model be cancelled due to issues with the description or claims?](https://ndvlaw.com/can-a-utility-model-be-cancelled-due-to-issues-with-the-description-or-claims/): Registration cancellation occurs if the description, claims, or necessary drawings do not meet the prescribed legal requirements.
- [On what grounds can a utility model registration be cancelled regarding its eligibility?](https://ndvlaw.com/on-what-grounds-can-a-utility-model-registration-be-cancelled-regarding-its-eligibility/): Utility models are cancelled if they fail to meet substantive registrability requirements like novelty or industrial applicability.
- [What is the duration of protection for a registered utility model?](https://ndvlaw.com/what-is-the-duration-of-protection-for-a-registered-utility-model/): Utility model registrations expire after seven years from filing and cannot be renewed under the law.
- [What are the substantive requirements for an invention to qualify as a utility model?](https://ndvlaw.com/what-are-the-substantive-requirements-for-an-invention-to-qualify-as-a-utility-model/): Utility models require novelty and industrial applicability for registration, but do not require an inventive step.
- [How do the provisions governing patents apply to the registration of utility models?](https://ndvlaw.com/how-do-the-provisions-governing-patents-apply-to-the-registration-of-utility-models/): Patent provisions apply mutatis mutandis to utility models, ensuring consistent legal protection for technical inventions.
- [What are the rights of joint patent owners?](https://ndvlaw.com/what-are-the-rights-of-joint-patent-owners/): Joint patent owners can use the invention personally but need co-owner consent to grant licenses or assign their interests.
- [What considerations guide the Philippine independent foreign policy?](https://ndvlaw.com/what-considerations-guide-the-philippine-independent-foreign-policy/): The State pursues an independent foreign policy prioritizing sovereignty, territorial integrity, national interest, and self-determination.
- [What is the constitutional policy on Church and State?](https://ndvlaw.com/what-is-the-constitutional-policy-on-church-and-state/): The separation of Church and State is an inviolable principle under the Philippine Constitution.
- [What are considered essential for the enjoyment of democracy?](https://ndvlaw.com/what-are-considered-essential-for-the-enjoyment-of-democracy/): Peace, order, and the protection of life, liberty, and property are essential for enjoying the blessings of democracy.
- [Under what conditions may citizens be required to render service?](https://ndvlaw.com/under-what-conditions-may-citizens-be-required-to-render-service/): Law may require citizens to render personal military or civil service to fulfill their duty to defend the State.
- [What is the prime duty of the Philippine Government?](https://ndvlaw.com/what-is-the-prime-duty-of-the-philippine-government/): The government's prime duty is serving and protecting people, including requiring citizens to defend the State through service.
- [What are the primary goals of the Armed Forces of the Philippines?](https://ndvlaw.com/what-are-the-primary-goals-of-the-armed-forces-of-the-philippines/): The Armed Forces' goals are to protect the people, secure state sovereignty, and maintain national territorial integrity.
- [What is the relationship between civilian and military authority?](https://ndvlaw.com/what-is-the-relationship-between-civilian-and-military-authority/): Civilian authority is always supreme over the military, which serves as the protector of the people and the State.
- [How does the Philippines approach international law?](https://ndvlaw.com/how-does-the-philippines-approach-international-law/): The State adopts international law as part of its legal system and promotes global cooperation and peace.
- [What is the Philippine policy regarding the use of war?](https://ndvlaw.com/what-is-the-philippine-policy-regarding-the-use-of-war/): The Philippines renounces war as national policy and adopts international law principles while adhering to peace and amity.
- [What is the nature of the Philippine State and its sovereignty?](https://ndvlaw.com/what-is-the-nature-of-the-philippine-state-and-its-sovereignty/): The Philippines is a democratic republican state where sovereignty resides in the people and authority emanates from them.
- [What comprises the national territory of the Philippines?](https://ndvlaw.com/what-comprises-the-national-territory-of-the-philippines/): The national territory includes the Philippine archipelago, its islands, waters, and all domains over which the state has sovereignty.
- [Role of a Corporate Secretary](https://ndvlaw.com/role-of-a-corporate-secretary/): This article talks about the roles and qualifications of a Corporate Secretary of a Philippine Corporation.
- [Prescription and Penalties in Cyberlibel](https://ndvlaw.com/prescription-and-penalties-in-cyberlibel/): This article talks about the penalties and prescriptive period of the crime of cyberlibel in the Philippines.
- [How to Legally Conduct Board Meetings](https://ndvlaw.com/how-to-legally-conduct-board-meetings/): This article talks about how to legally conduct board meetings of directors of a corporation.
- [Property Rights in Same-Sex Unions: The Applicability of Article 148 of the Family Code and the Requirement of Actual Contribution](https://ndvlaw.com/property-rights-in-same-sex-unions-the-applicability-of-article-148-of-the-family-code-and-the-requirement-of-actual-contribution/): This article talks about the property rights of parties in a same sex relationship.
- [Do Sharing, Liking and Commenting Constitute Cyberlibel? Original Authors vs. "Netizens"](https://ndvlaw.com/do-sharing-liking-and-commenting-constitute-cyberlibel-original-authors-vs-netizens/): This article talks about the consequence of sharing, liking or commenting on libelous posts in social media.
- [Can Corporate Officers be Liable in their Personal Capacity for Corporate Acts?](https://ndvlaw.com/can-corporate-officers-be-liable-in-their-personal-capacity-for-corporate-acts/): This article talks about the liability of corporate officers for corporate acts of the corporation under Philippine law.
- [Navigating Music Rights: A Legal Explainer on the Intellectual Property Rights of Sound Recording Producers in the Philippines (PART 1)](https://ndvlaw.com/navigating-music-rights-a-legal-explainer-on-the-intellectual-property-rights-of-sound-recording-producers-in-the-philippines-part-1/): This article talks about the intellectual property rights of music sound producers.
- [What constitutes the "flagrancy of infringement" in statutory damages?](https://ndvlaw.com/what-constitutes-the-flagrancy-of-infringement-in-statutory-damages/): Courts assess the flagrancy of an infringement to determine appropriate statutory damages and necessary deterrence.
- [What is the status of works published within 30 days in the Philippines?](https://ndvlaw.com/what-is-the-status-of-works-published-within-30-days-in-the-philippines/): Foreign works published locally within thirty days of their original release are protected under Philippine law.
- [Can a corporate body be presumed as the maker of an audiovisual work?](https://ndvlaw.com/can-a-corporate-body-be-presumed-as-the-maker-of-an-audiovisual-work/): A corporation named on an audiovisual work is legally presumed to be the maker absent contrary proof.
- [How is the value of infringing materials used in sentencing?](https://ndvlaw.com/how-is-the-value-of-infringing-materials-used-in-sentencing/): Courts consider the value of produced infringing materials when deciding criminal imprisonment terms and fine amounts.
- [Are legal costs recoverable in an infringement action?](https://ndvlaw.com/are-legal-costs-recoverable-in-an-infringement-action/): Actual damages in infringement cases include legal costs and other related expenses incurred by the copyright owner.
- [What happens to implements used for making infringing copies?](https://ndvlaw.com/what-happens-to-implements-used-for-making-infringing-copies/): Tools and implements used to manufacture infringing copies can be impounded and destroyed by court order without compensation.
- [What must a copyright owner prove to recover profits?](https://ndvlaw.com/what-must-a-copyright-owner-prove-to-recover-profits/): Plaintiffs only prove infringer sales; defendants must prove all costs to reduce the profit amount subject to recovery.
- [Is there a limit to reduced statutory damages for innocent infringers?](https://ndvlaw.com/is-there-a-limit-to-reduced-statutory-damages-for-innocent-infringers/): For innocent infringers, courts can limit statutory damages to a maximum of Ten thousand pesos at their discretion.
- [What is the minimum amount for statutory damages?](https://ndvlaw.com/what-is-the-minimum-amount-for-statutory-damages/): Statutory damages awarded by the court cannot be less than Fifty thousand pesos for all infringements in an action.
- [Can schools develop IP policies in relation to licensing organizations?](https://ndvlaw.com/can-schools-develop-ip-policies-in-relation-to-licensing-organizations/): Schools may develop IP policies through licensing agreements with collective organizations to manage intellectual property usage effectively.
- [What IP policies must schools and universities adopt?](https://ndvlaw.com/what-ip-policies-must-schools-and-universities-adopt/): Schools must adopt IP policies to protect creations and implement fair use guidelines for employees and the institution.
- [How are fees for copyright services managed?](https://ndvlaw.com/how-are-fees-for-copyright-services-managed/): The National Library collects fees for services, which are subject to approval by the relevant Department Head.
- [Are the records of the National Library open to the public?](https://ndvlaw.com/are-the-records-of-the-national-library-open-to-the-public/): Public records and deposits held by the National Library and Supreme Court Library are open for public inspection.
- [Who owns the copies deposited with the National Library?](https://ndvlaw.com/who-owns-the-copies-deposited-with-the-national-library/): Deposited copies and written instruments at the National or Supreme Court Library become the property of the government.
- [What is the statute of limitations for recovering damages in IP cases?](https://ndvlaw.com/what-is-the-statute-of-limitations-for-recovering-damages-in-ip-cases/): Claims for damages must be filed within four years of the incident to be eligible for recovery.
- [Which courts have jurisdiction over IP actions?](https://ndvlaw.com/which-courts-have-jurisdiction-over-ip-actions/): IP actions are heard by courts with proper jurisdiction under existing laws, without affecting specific administrative powers.
- [When does a broadcast qualify for protection under the Act?](https://ndvlaw.com/when-does-a-broadcast-qualify-for-protection-under-the-act/): Broadcasts are protected if the organization is based in the Philippines or uses transmitters located within the country.
- [What determines if a sound recording is protected in the Philippines?](https://ndvlaw.com/what-determines-if-a-sound-recording-is-protected-in-the-philippines/): Sound recordings are protected if the producer is a national or if the work was first published locally.
- [Which performers are protected under the Intellectual Property Code?](https://ndvlaw.com/which-performers-are-protected-under-the-intellectual-property-code/): Performers who are nationals or who perform in the Philippines receive protection under the Intellectual Property Code.
- [How are international agreements integrated into Philippine copyright protection?](https://ndvlaw.com/how-are-international-agreements-integrated-into-philippine-copyright-protection/): Philippine law protects works as required by international conventions and agreements to which the country is a party.
- [What are the rules for protecting works of architecture?](https://ndvlaw.com/what-are-the-rules-for-protecting-works-of-architecture/): Architectural works erected in the Philippines and artistic works in local buildings are protected under copyright law.
- [Which authors receive copyright protection under Philippine law?](https://ndvlaw.com/which-authors-receive-copyright-protection-under-philippine-law/): Protection applies to Philippine nationals, residents, and works first published or locally published within thirty days.
- [When is an enforcement officer required to notify a copyright owner about a seizure?](https://ndvlaw.com/when-is-an-enforcement-officer-required-to-notify-a-copyright-owner-about-a-seizure/): Enforcement officers must notify copyright owners when their articles are seized or detained for suspected law violations.
- [How are international registrations of works treated in the Philippines?](https://ndvlaw.com/how-are-international-registrations-of-works-treated-in-the-philippines/): International registration statements are presumed true unless they violate local law or are contradicted by other records.
- [Who is presumed to be the maker of an audiovisual work?](https://ndvlaw.com/who-is-presumed-to-be-the-maker-of-an-audiovisual-work/): The person or corporation named on an audiovisual work is presumed its maker absent contrary evidence.
- [Who is naturally presumed to be the author of a work?](https://ndvlaw.com/who-is-naturally-presumed-to-be-the-author-of-a-work/): A person whose name appears on a work is presumed the author unless contrary proof is presented.
- [What are the consequences of disputing copyright ownership in bad faith?](https://ndvlaw.com/what-are-the-consequences-of-disputing-copyright-ownership-in-bad-faith/): Disputing ownership in bad faith can lead to defendants paying others' costs and losing their own cost allowances.
- [Under what conditions is the plaintiff presumed to be the copyright owner?](https://ndvlaw.com/under-what-conditions-is-the-plaintiff-presumed-to-be-the-copyright-owner/): Plaintiffs are presumed owners if subsistence is established and the defendant does not challenge their ownership claim.
- [When is copyright subsistence presumed in a legal action?](https://ndvlaw.com/when-is-copyright-subsistence-presumed-in-a-legal-action/): Copyright subsistence is presumed if the defendant does not specifically challenge it during the legal proceedings.
- [How does the court treat an affidavit submitted by a copyright owner?](https://ndvlaw.com/how-does-the-court-treat-an-affidavit-submitted-by-a-copyright-owner/): Courts assume affidavits are legitimate and treat them as prima facie proof of ownership until proven otherwise.
- [What can be used as prima facie proof of copyright ownership?](https://ndvlaw.com/what-can-be-used-as-prima-facie-proof-of-copyright-ownership/): Notarized affidavits stating copyright subsistence and ownership serve as prima facie proof in legal proceedings under Section 218.
- [Is possession of infringing copies for trade a criminal offense?](https://ndvlaw.com/is-possession-of-infringing-copies-for-trade-a-criminal-offense/): Possessing known infringing copies for sale, hire, distribution, or public trade exhibition is a punishable criminal offense.
- [When is the maximum criminal penalty mandatory?](https://ndvlaw.com/when-is-the-maximum-criminal-penalty-mandatory/): Maximum penalties are mandatory for circumvention of technology or altering electronic rights management information during copyright infringement.
- [What factors determine the length of imprisonment and amount of fine?](https://ndvlaw.com/what-factors-determine-the-length-of-imprisonment-and-amount-of-fine/): Courts determine sentences based on the value of infringing goods and the damage suffered by the copyright owner.
- [What happens if a convicted infringer is insolvent?](https://ndvlaw.com/what-happens-if-a-convicted-infringer-is-insolvent/): If an infringer is insolvent, they must serve subsidiary imprisonment in place of the unpaid criminal fine.
- [What is the maximum penalty for third and subsequent criminal offenses?](https://ndvlaw.com/what-is-the-maximum-penalty-for-third-and-subsequent-criminal-offenses/): Third offenses result in six to nine years of imprisonment and fines up to 1.5 million pesos.
- [What are the consequences of a second criminal copyright offense?](https://ndvlaw.com/what-are-the-consequences-of-a-second-criminal-copyright-offense/): Second offenses carry three to six years of imprisonment and fines reaching Five hundred thousand pesos.
- [What is the penalty for a first-time criminal copyright offense?](https://ndvlaw.com/what-is-the-penalty-for-a-first-time-criminal-copyright-offense/): First-time criminal offenders face one to three years of imprisonment and fines up to One hundred fifty thousand pesos.
- [Does an infringement action prevent a separate suit for damages?](https://ndvlaw.com/does-an-infringement-action-prevent-a-separate-suit-for-damages/): Infringement actions do not block independent suits for damages, injunctions, or other relief for the injured party.
- [Can articles be seized as evidence during an infringement action?](https://ndvlaw.com/can-articles-be-seized-as-evidence-during-an-infringement-action/): Courts can seize and impound articles as evidence in infringement actions following Supreme Court search and seizure rules.
- [When can statutory damages be reduced by the court?](https://ndvlaw.com/when-can-statutory-damages-be-reduced-by-the-court/): Courts may reduce statutory damages to Ten thousand pesos if the infringer acted without knowledge or suspicion.
- [What factors does a court consider when awarding statutory damages?](https://ndvlaw.com/what-factors-does-a-court-consider-when-awarding-statutory-damages/): Courts evaluate infringement nature, flagrancy, bad faith, deterrence needs, and plaintiff losses when awarding statutory damages.
- [What options does a copyright owner have regarding statutory damages?](https://ndvlaw.com/what-options-does-a-copyright-owner-have-regarding-statutory-damages/): Owners can elect statutory damages of at least Fifty thousand pesos instead of actual damages before final judgment.
- [Can moral and exemplary damages be awarded in infringement cases?](https://ndvlaw.com/can-moral-and-exemplary-damages-be-awarded-in-infringement-cases/): Courts may award moral and exemplary damages and order item destruction even if the defendant is acquitted.
- [What happens to infringing copies and devices after a final court order?](https://ndvlaw.com/what-happens-to-infringing-copies-and-devices-after-a-final-court-order/): Infringing copies, devices, and manufacturing tools like molds are destroyed without compensation upon a court's final order.
- [What items can be impounded during a pending infringement action?](https://ndvlaw.com/what-items-can-be-impounded-during-a-pending-infringement-action/): Courts can impound sales documents, infringing articles, packaging, and manufacturing implements during a pending legal action.
- [When can a court double the amount of damages awarded?](https://ndvlaw.com/when-can-a-court-double-the-amount-of-damages-awarded/): Damages double for circumventing technological measures or removing electronic rights management information to facilitate copyright infringement.
- [How are actual damages and profits calculated in infringement cases?](https://ndvlaw.com/how-are-actual-damages-and-profits-calculated-in-infringement-cases/): Owners recover actual damages and profits; plaintiffs prove sales while defendants must prove all claimed cost elements.
- [What are the primary remedies for copyright infringement?](https://ndvlaw.com/what-are-the-primary-remedies-for-copyright-infringement/): Remedies include injunctions, desisting orders for imports, and payment of actual damages plus legal costs for rights violations.
- [What constitutes copyright infringement?](https://ndvlaw.com/what-constitutes-copyright-infringement/): Infringement involves direct acts, benefiting from others' violations with notice, or inducing unauthorized conduct under Section 216.
- [How long does copyright last for most works?](https://ndvlaw.com/how-long-does-copyright-last-for-most-works/): Copyright generally lasts for the author’s lifetime plus fifty years, ensuring benefits for the creator and their heirs.
- [What is the right to proceeds in subsequent transfers?](https://ndvlaw.com/what-is-the-right-to-proceeds-in-subsequent-transfers/): Authors receive five percent of the gross proceeds from subsequent sales or leases of their original works.
- [What happens when an author contributes to a "collective work"?](https://ndvlaw.com/what-happens-when-an-author-contributes-to-a-collective-work/): Authors in collective works waive their attribution rights unless they expressly reserve them before the work’s publication.
- [What are "Moral Rights"?](https://ndvlaw.com/what-are-moral-rights/): Moral rights allow authors to claim authorship, object to distortions, and control publication to protect their professional reputation.
- [Is registration a condition for copyright protection?](https://ndvlaw.com/is-registration-a-condition-for-copyright-protection/): Registration and deposit are optional and not required for a work to receive copyright protection under Philippine law.
- [Can a computer program be reproduced for back-up?](https://ndvlaw.com/can-a-computer-program-be-reproduced-for-back-up/): Lawful owners can make one back-up copy of a computer program for use or archival purposes without authorization.
- [When can libraries reproduce works without authorization?](https://ndvlaw.com/when-can-libraries-reproduce-works-without-authorization/): Non-profit libraries can reproduce works for preservation, to replace lost copies, or to supply brief portions for research.
- [Is private reproduction of a published work permitted?](https://ndvlaw.com/is-private-reproduction-of-a-published-work-permitted/): Individuals may make a single copy of a work for private research or study without needing the author's permission.
- [What rights exist in a "Work of Architecture"?](https://ndvlaw.com/what-rights-exist-in-a-work-of-architecture/): Architects can control the erection of buildings reproducing their designs, excluding reconstructions or rehabilitations in the same style.
- [Can unpublished works be subject to fair use?](https://ndvlaw.com/can-unpublished-works-be-subject-to-fair-use/): Fair use can apply to unpublished works after considering purpose, nature, substantiality, and market impact factors.
- [What factors determine "Fair Use"?](https://ndvlaw.com/what-factors-determine-fair-use/): Fair use is determined by the purpose, nature of the work, amount used, and its effect on the market.
- [Can works be used for judicial proceedings?](https://ndvlaw.com/can-works-be-used-for-judicial-proceedings/): Using copyrighted works for judicial proceedings or legal professional advice is exempted from being considered an infringement.
- [Is use for teaching purposes allowed?](https://ndvlaw.com/is-use-for-teaching-purposes-allowed/): Works can be used for teaching illustrations if such use is fair and includes proper attribution to the author.
- [Can mass media reproduce articles on current political topics?](https://ndvlaw.com/can-mass-media-reproduce-articles-on-current-political-topics/): Mass media may reproduce current event articles for information, provided they credit the source and no reservation exists.
- [Are quotations allowed under copyright law?](https://ndvlaw.com/are-quotations-allowed-under-copyright-law/): Quotations are permitted if they follow fair use guidelines and properly credit the author and source.
- [When is the performance of a work not an infringement?](https://ndvlaw.com/when-is-the-performance-of-a-work-not-an-infringement/): Private, free performances or those for charitable institutions do not constitute copyright infringement under the law.
- [Can right-holders designate a society to manage their rights?](https://ndvlaw.com/can-right-holders-designate-a-society-to-manage-their-rights/): Right-holders can use accredited societies to collectively manage and enforce their intellectual property rights and royalties.
- [Where can an assignment or license be filed?](https://ndvlaw.com/where-can-an-assignment-or-license-be-filed/): Assignments and exclusive licenses can be filed with the National Library to provide formal public notice of ownership.
- [Is copyright separate from the material object?](https://ndvlaw.com/is-copyright-separate-from-the-material-object/): Copyright is distinct from the physical object; selling the original work does not automatically transfer the copyright.
- [What happens when a work is submitted to a newspaper?](https://ndvlaw.com/what-happens-when-a-work-is-submitted-to-a-newspaper/): Submitting work to a periodical only grants a single-publication license unless additional rights are explicitly agreed upon.
- [Is a written document required for copyright transfer?](https://ndvlaw.com/is-a-written-document-required-for-copyright-transfer/): Any transfer or licensing of copyright between living persons must be in writing to be legally valid.
- [Can a copyright be assigned or licensed?](https://ndvlaw.com/can-a-copyright-be-assigned-or-licensed/): Copyright can be partially or fully assigned or licensed, granting the recipient the same legal remedies as the owner.
- [How are authors of anonymous works represented?](https://ndvlaw.com/how-are-authors-of-anonymous-works-represented/): Publishers represent anonymous authors until their identity is disclosed, allowing for the legal protection of the work.
- [Who owns the copyright in "letters"?](https://ndvlaw.com/who-owns-the-copyright-in-letters/): The writer of a letter owns the copyright, even though the recipient possesses the physical letter.
- [Who owns the copyright in an "audiovisual work"?](https://ndvlaw.com/who-owns-the-copyright-in-an-audiovisual-work/): Copyright in audiovisual works is shared among key creators, with the producer typically managing exhibition rights.
- [Who owns the copyright in a "commissioned work"?](https://ndvlaw.com/who-owns-the-copyright-in-a-commissioned-work/): In commissioned works, the commissioner owns the object, but the creator retains copyright unless otherwise agreed in writing.
- [Who owns the copyright if an employee creates a work?](https://ndvlaw.com/who-owns-the-copyright-if-an-employee-creates-a-work/): Employers own works created within regular duties; employees own works created outside those duties, despite using facilities.
- [How is copyright owned in "joint authorship"?](https://ndvlaw.com/how-is-copyright-owned-in-joint-authorship/): Co-authors share copyright ownership; however, separable parts are owned by their respective individual creators.
- [Who is the original owner of copyright in a work?](https://ndvlaw.com/who-is-the-original-owner-of-copyright-in-a-work/): Copyright ownership in original literary and artistic works primarily belongs to the natural person who created them.
- [What are the core economic rights of a copyright owner?](https://ndvlaw.com/what-are-the-core-economic-rights-of-a-copyright-owner/): Economic rights include the exclusive power to authorize reproduction, distribution, rental, and public performance of works.
- [Does copyright subsist in works of the Government?](https://ndvlaw.com/does-copyright-subsist-in-works-of-the-government/): Philippine government works generally lack copyright, but commercial exploitation requires prior agency approval and royalties.
- [What subject matter is NOT protected by copyright?](https://ndvlaw.com/what-subject-matter-is-not-protected-by-copyright/): Copyright does not protect ideas, systems, methods, or official government texts like laws and regulations.
- [What is the privilege from arrest for Congress members?](https://ndvlaw.com/what-is-the-privilege-from-arrest-for-congress-members/): Congress members are immune from arrest for minor offenses while in session to prevent interference with their legislative duties.
- [When does an increase in Congressional compensation take effect?](https://ndvlaw.com/when-does-an-increase-in-congressional-compensation-take-effect/): Salary increases for Congress take effect only after the full terms of all members who approved the increase have expired.
- [Who determines the salaries of Congress members?](https://ndvlaw.com/who-determines-the-salaries-of-congress-members/): Salaries for Senators and House members are determined by law, providing the legislature control over their own financial compensation.
- [How long does a member elected in a special election serve?](https://ndvlaw.com/how-long-does-a-member-elected-in-a-special-election-serve/): Those elected in special elections serve only the remaining unexpired term of the member they are replacing in Congress.
- [How are vacancies in Congress filled?](https://ndvlaw.com/how-are-vacancies-in-congress-filled/): Vacancies in Congress can be filled through special elections, ensuring continuous representation for the people in the legislative branch.
- [When is the regular election for Congress held?](https://ndvlaw.com/when-is-the-regular-election-for-congress-held/): Regular elections for the Senate and House of Representatives occur on the second Monday of May unless otherwise provided by law.
- [What are the term limits for House Members?](https://ndvlaw.com/what-are-the-term-limits-for-house-members/): House of Representatives members are limited to three consecutive three-year terms to encourage leadership rotation within the Philippine legislature.
- [How long is the term for House of Representatives members?](https://ndvlaw.com/how-long-is-the-term-for-house-of-representatives-members/): Members of the House of Representatives serve a three-year term beginning on June 30th following their election to Congress.
- [What are the residency requirements for House Members?](https://ndvlaw.com/what-are-the-residency-requirements-for-house-members/): House members must reside in their district for at least one year and be registered voters therein, excluding party-list representatives.
- [What is the age requirement for a House Member?](https://ndvlaw.com/what-is-the-age-requirement-for-a-house-member/): Members of the House of Representatives must be at least twenty-five years old on the day of their election to office.
- [How often does Congress reapportion legislative districts?](https://ndvlaw.com/how-often-does-congress-reapportion-legislative-districts/): Congress must reapportion legislative districts based on population standards within three years after every national census return.
- [What is the minimum population for a city or province to have a representative?](https://ndvlaw.com/what-is-the-minimum-population-for-a-city-or-province-to-have-a-representative/): Cities with 250,000 residents and all provinces are guaranteed at least one representative in the House of Representatives.
- [What are the geographic standards for legislative districts?](https://ndvlaw.com/what-are-the-geographic-standards-for-legislative-districts/): Legislative districts must be contiguous, compact, and adjacent territories to ensure proper and effective representation for the Filipino people.
- [Which sectors were prioritized for party-list seats after ratification?](https://ndvlaw.com/which-sectors-were-prioritized-for-party-list-seats-after-ratification-2/): Specific sectors like labor and women were allocated party-list seats for three terms, excluding the religious sector from this system.
- [Which sectors were prioritized for party-list seats after ratification?](https://ndvlaw.com/which-sectors-were-prioritized-for-party-list-seats-after-ratification/): Specific sectors like labor and women were allocated party-list seats for three terms, excluding the religious sector from this system.
- [What percentage of the House is reserved for the party-list system?](https://ndvlaw.com/what-percentage-of-the-house-is-reserved-for-the-party-list-system/): Party-list representatives must comprise twenty percent of the total membership of the House of Representatives in the Philippine Congress.
- [How is the House of Representatives composed?](https://ndvlaw.com/how-is-the-house-of-representatives-composed/): The House of Representatives includes district and party-list members, totaling no more than 250 unless fixed otherwise by law.
- [Does voluntary renunciation interrupt a Senator's term?](https://ndvlaw.com/does-voluntary-renunciation-interrupt-a-senators-term/): Voluntary renunciation of office does not interrupt the continuity of a Senator’s service regarding their two-consecutive-term limit in Congress.
- [What are the term limits for Senators?](https://ndvlaw.com/what-are-the-term-limits-for-senators/): Senators are limited to serving no more than two consecutive six-year terms to promote leadership turnover in the legislative branch.
- [How long is the term of office for a Senator?](https://ndvlaw.com/how-long-is-the-term-of-office-for-a-senator/): Senators serve a six-year term commencing at noon on June 30th following their election to the Senate of the Philippines.
- [What is the residency requirement for Senators?](https://ndvlaw.com/what-is-the-residency-requirement-for-senators/): A Senator must reside in the Philippines for at least two years immediately before the election to qualify for office.
- [What is the literacy requirement for Senators?](https://ndvlaw.com/what-is-the-literacy-requirement-for-senators/): Candidates for the Senate must be able to read and write to fulfill their legislative responsibilities in the Philippine government.
- [What citizenship is required for Senators?](https://ndvlaw.com/what-citizenship-is-required-for-senators/): Senators must be natural-born citizens of the Philippines to be eligible for election to the upper house of the legislature.
- [What is the age requirement for a Senator?](https://ndvlaw.com/what-is-the-age-requirement-for-a-senator/): A Senator must be at least thirty-five years old on election day to ensure maturity in the upper house of Congress.
- [How is the Philippine Senate composed?](https://ndvlaw.com/how-is-the-philippine-senate-composed/): The Senate consists of twenty-four Senators elected at large by the qualified voters of the Philippines as provided by law.
- [Where is legislative power vested?](https://ndvlaw.com/where-is-legislative-power-vested/): Legislative power is vested in the Congress, comprising the Senate and House, subject to people's initiative and referendum powers.
- [Is there a residency requirement to vote in a specific municipality?](https://ndvlaw.com/is-there-a-residency-requirement-to-vote-in-a-specific-municipality/): To vote, one must reside in their voting precinct for at least six months before the election.
- [What is the role of the Commission on Elections regarding illiterate voters?](https://ndvlaw.com/what-is-the-role-of-the-commission-on-elections-regarding-illiterate-voters/): COMELEC must create rules protecting ballot secrecy for illiterate and disabled voters until new procedures exist.
- [What happens to a person's citizenship if they marry a foreigner but do not renounce it?](https://ndvlaw.com/what-happens-to-a-persons-citizenship-if-they-marry-a-foreigner-but-do-not-renounce-it/): Filipinos keep their citizenship after marrying foreigners unless they perform acts deemed as renunciation by law.
- [Is the right to bail affected if the writ of habeas corpus is suspended?](https://ndvlaw.com/is-the-right-to-bail-affected-if-the-writ-of-habeas-corpus-is-suspended/): The right to bail remains protected and unimpaired even if the writ of habeas corpus is suspended.
- [Can a judge issue a warrant without personally examining the complainant?](https://ndvlaw.com/can-a-judge-issue-a-warrant-without-personally-examining-the-complainant/): Judges must personally examine complainants under oath to determine probable cause before issuing any warrants.
- [What happens to evidence obtained through an illegal search?](https://ndvlaw.com/what-happens-to-evidence-obtained-through-an-illegal-search/): Evidence obtained via illegal search or seizure is inadmissible for any purpose in any legal proceeding.
- [How are disabled and illiterate voters assisted?](https://ndvlaw.com/how-are-disabled-and-illiterate-voters-assisted/): Congress must design voting procedures for disabled and illiterate persons that protect ballot secrecy.
- [Is there a provision for Filipinos abroad to vote?](https://ndvlaw.com/is-there-a-provision-for-filipinos-abroad-to-vote/): Congress is required to establish a system allowing qualified Filipinos abroad to participate in absentee voting.
- [What must Congress provide regarding the ballot?](https://ndvlaw.com/what-must-congress-provide-regarding-the-ballot/): Congress must ensure a system that protects the secrecy and sanctity of every citizen's ballot.
- [Can a person be denied the right to vote because they cannot read or write?](https://ndvlaw.com/can-a-person-be-denied-the-right-to-vote-because-they-cannot-read-or-write/): No literacy or property requirements can be imposed on citizens wishing to exercise their right to vote.
- [What are the age and residence requirements for suffrage?](https://ndvlaw.com/what-are-the-age-and-residence-requirements-for-suffrage/): Voters must be citizens, 18 years old, and meet specific national and local residency requirements.
- [What is the state's view on dual allegiance?](https://ndvlaw.com/what-is-the-states-view-on-dual-allegiance/): Dual allegiance is considered contrary to national interest and will be regulated by law.
- [Does marrying an alien cause a citizen to lose their citizenship?](https://ndvlaw.com/does-marrying-an-alien-cause-a-citizen-to-lose-their-citizenship/): Filipinos marrying aliens keep their citizenship unless they renounce it through specific acts or omissions.
- [Can Philippine citizenship be lost or reacquired?](https://ndvlaw.com/can-philippine-citizenship-be-lost-or-reacquired/): Philippine citizenship can be lost or reacquired through processes and conditions defined by law.
- [Who are considered natural-born citizens?](https://ndvlaw.com/who-are-considered-natural-born-citizens/): Natural-born citizens are Filipinos from birth who need no further acts to acquire citizenship.
- [How can a foreigner become a Filipino citizen?](https://ndvlaw.com/how-can-a-foreigner-become-a-filipino-citizen/): Individuals can become Philippine citizens by undergoing the naturalization process as provided by law.
- [What is the rule for those born of Filipino mothers before Jan 17, 1973?](https://ndvlaw.com/what-is-the-rule-for-those-born-of-filipino-mothers-before-jan-17-1973/): Persons born to Filipino mothers before 1973 are citizens if they elect citizenship upon reaching majority age.
- [How does parentage affect Philippine citizenship?](https://ndvlaw.com/how-does-parentage-affect-philippine-citizenship/): Children of Filipino fathers or mothers are recognized as citizens of the Philippines.
- [Who were considered citizens at the time the Constitution was adopted?](https://ndvlaw.com/who-were-considered-citizens-at-the-time-the-constitution-was-adopted/): Persons who were citizens at the time the 1987 Constitution was adopted remain citizens.
- [Can the state enact ex post facto laws or bills of attainder?](https://ndvlaw.com/can-the-state-enact-ex-post-facto-laws-or-bills-of-attainder/): The state is prohibited from enacting any ex post facto laws or bills of attainder.
- [What is the principle of double jeopardy?](https://ndvlaw.com/what-is-the-principle-of-double-jeopardy/): No person can be prosecuted twice for the same offense or act punished by law and ordinance.
- [Can a person be imprisoned for not paying a debt?](https://ndvlaw.com/can-a-person-be-imprisoned-for-not-paying-a-debt/): No person shall suffer imprisonment for failing to pay a debt or a poll tax.
- [How should prisoners and detainees be treated?](https://ndvlaw.com/how-should-prisoners-and-detainees-be-treated/): Physical or psychological punishment and subhuman conditions for prisoners are illegal and must be addressed.
- [When can the death penalty be imposed?](https://ndvlaw.com/when-can-the-death-penalty-be-imposed/): Death penalty is prohibited unless Congress provides for it regarding compelling reasons and heinous crimes.
- [What are the rules regarding fines and punishments?](https://ndvlaw.com/what-are-the-rules-regarding-fines-and-punishments/): Excessive fines and cruel, degrading, or inhuman punishments are strictly prohibited by the Constitution.
- [Does involuntary servitude exist in the Philippines?](https://ndvlaw.com/does-involuntary-servitude-exist-in-the-philippines/): Involuntary servitude is prohibited except as punishment for a crime after a valid conviction.
- [Is detention based on political beliefs allowed?](https://ndvlaw.com/is-detention-based-on-political-beliefs-allowed/): No individual shall be detained solely because of their political beliefs or aspirations.
- [Can a person be forced to testify against themselves?](https://ndvlaw.com/can-a-person-be-forced-to-testify-against-themselves/): No person shall be forced to testify or serve as a witness against themselves in any matter.
- [What is the right of all persons regarding the disposition of their cases?](https://ndvlaw.com/what-is-the-right-of-all-persons-regarding-the-disposition-of-their-cases/): All persons are entitled to a speedy disposition of their cases in judicial, quasi-judicial, or administrative bodies.
- [When can the privilege of the writ of habeas corpus be suspended?](https://ndvlaw.com/when-can-the-privilege-of-the-writ-of-habeas-corpus-be-suspended/): Habeas corpus can only be suspended during invasion or rebellion when required by public safety.
- [When can a trial proceed in the absence of the accused?](https://ndvlaw.com/when-can-a-trial-proceed-in-the-absence-of-the-accused/): Trials can proceed without the accused if they were arraigned, notified, and their absence is unjustifiable.
- [What rights does the accused have regarding witnesses and evidence?](https://ndvlaw.com/what-rights-does-the-accused-have-regarding-witnesses-and-evidence/): The accused has the right to face witnesses and use compulsory process to produce evidence and witnesses.
- [What is the presumption regarding the innocence of an accused person?](https://ndvlaw.com/what-is-the-presumption-regarding-the-innocence-of-an-accused-person/): Every accused person is presumed innocent until proven guilty and has the right to be heard.
- [What is the exception to the right to bail?](https://ndvlaw.com/what-is-the-exception-to-the-right-to-bail/): Bail may be denied for offenses punishable by reclusion perpetua when evidence of guilt is strong.
- [Who is entitled to bail before conviction?](https://ndvlaw.com/who-is-entitled-to-bail-before-conviction/): Most persons are entitled to bail or recognizance before conviction; excessive bail is prohibited.
- [What are the legal consequences for violating the rights of detainees?](https://ndvlaw.com/what-are-the-legal-consequences-for-violating-the-rights-of-detainees/): The law provides sanctions for rights violations and compensation/rehabilitation for victims of torture and their families.
- [Is a confession obtained through violence admissible as evidence?](https://ndvlaw.com/is-a-confession-obtained-through-violence-admissible-as-evidence/): Confessions obtained through violation of constitutional rights are inadmissible as evidence in court proceedings.
- [What forms of detention and treatment are prohibited for suspects?](https://ndvlaw.com/what-forms-of-detention-and-treatment-are-prohibited-for-suspects/): Torture, violence, and secret or solitary detention are prohibited against persons under investigation.
- [What rights does a person have while under investigation for an offense?](https://ndvlaw.com/what-rights-does-a-person-have-while-under-investigation-for-an-offense/): Persons under investigation have the right to remain silent, to have counsel, and to be informed of these rights.
- [How does the Constitution ensure access to legal assistance for the poor?](https://ndvlaw.com/how-does-the-constitution-ensure-access-to-legal-assistance-for-the-poor/): Poverty shall not prevent any person from having free access to courts and receiving adequate legal assistance.
- [Can the state pass laws that impair the obligation of contracts?](https://ndvlaw.com/can-the-state-pass-laws-that-impair-the-obligation-of-contracts/): No law shall be passed that impairs the obligations of established contracts between parties.
- [What is required before private property is taken for public use?](https://ndvlaw.com/what-is-required-before-private-property-is-taken-for-public-use/): Private property cannot be taken for public use without providing the owner with just compensation.
- [Who has the right to form unions or associations?](https://ndvlaw.com/who-has-the-right-to-form-unions-or-associations/): Public and private sector employees have the right to form unions and associations for lawful purposes.
- [Do citizens have a right to access official government records?](https://ndvlaw.com/do-citizens-have-a-right-to-access-official-government-records/): Citizens have the right to information on public concerns, including access to official records and government research data.
- [Under what circumstances can the right to travel be impaired?](https://ndvlaw.com/under-what-circumstances-can-the-right-to-travel-be-impaired/): Right to travel and abode are protected but limited by court orders, national security, public safety, or health.
- [What are the constitutional protections regarding religion?](https://ndvlaw.com/what-are-the-constitutional-protections-regarding-religion/): The law forbids establishing a religion or prohibiting its free exercise, and no religious tests for civil rights.
- [What freedoms are protected regarding speech and assembly?](https://ndvlaw.com/what-freedoms-are-protected-regarding-speech-and-assembly/): No law shall abridge freedom of speech, expression, press, peaceable assembly, or the right to petition the government.
- [When can the privacy of communication and correspondence be violated?](https://ndvlaw.com/when-can-the-privacy-of-communication-and-correspondence-be-violated/): Privacy of communication is inviolable except by court order or for public safety; illegal evidence is inadmissible in court.
- [What is required for a search warrant or warrant of arrest to be issued?](https://ndvlaw.com/what-is-required-for-a-search-warrant-or-warrant-of-arrest-to-be-issued/): Warrants require probable cause determined by a judge to protect against unreasonable searches and seizures of persons and property.
- [What are the conditions for depriving a person of life, liberty, or property?](https://ndvlaw.com/what-are-the-conditions-for-depriving-a-person-of-life-liberty-or-property/): No person shall be deprived of life, liberty, or property without due process or denied equal protection of the laws.
- [What is the policy on public disclosure of transactions?](https://ndvlaw.com/what-is-the-policy-on-public-disclosure-of-transactions/): The State implements a policy of full public disclosure for all transactions involving the public interest.
- [What measures are taken against graft and corruption?](https://ndvlaw.com/what-measures-are-taken-against-graft-and-corruption/): The State maintains honesty in public service and takes effective measures to prevent graft and corruption.
- [How is access to public service regulated?](https://ndvlaw.com/how-is-access-to-public-service-regulated/): The State guarantees equal access to public service opportunities and prohibits political dynasties as defined by law.
- [What is the policy on local government autonomy?](https://ndvlaw.com/what-is-the-policy-on-local-government-autonomy/): The State ensures the autonomy of local governments to promote effective local governance and empowerment.
- [What is the importance of communication in nation-building?](https://ndvlaw.com/what-is-the-importance-of-communication-in-nation-building/): The State recognizes that communication and information play a vital role in the process of nation-building.
- [Does the State encourage non-governmental organizations?](https://ndvlaw.com/does-the-state-encourage-non-governmental-organizations/): The State encourages non-governmental and community-based organizations that promote the welfare of the nation.
- [How are indigenous cultural communities recognized?](https://ndvlaw.com/how-are-indigenous-cultural-communities-recognized/): The State promotes the rights of indigenous cultural communities within the framework of national unity and development.
- [What does the State promote regarding rural areas?](https://ndvlaw.com/what-does-the-state-promote-regarding-rural-areas/): The State promotes comprehensive rural development and agrarian reform to benefit the nation's rural areas.
- [What is the role of the private sector in the economy?](https://ndvlaw.com/what-is-the-role-of-the-private-sector-in-the-economy/): The State recognizes the private sector's indispensable role and encourages enterprise through various investment incentives.
- [What kind of national economy does the State aim to develop?](https://ndvlaw.com/what-kind-of-national-economy-does-the-state-aim-to-develop/): The State aims for a self-reliant and independent national economy effectively controlled by Filipino citizens.
- [How does the State view labor as a force?](https://ndvlaw.com/how-does-the-state-view-labor-as-a-force/): The State affirms labor as a primary economic force and protects the rights and welfare of workers.
- [What sectors are prioritized to foster patriotism and social progress?](https://ndvlaw.com/what-sectors-are-prioritized-to-foster-patriotism-and-social-progress/): Priority is given to education, science, and culture to foster patriotism and accelerate social progress and development.
- [What right do the people have regarding the environment?](https://ndvlaw.com/what-right-do-the-people-have-regarding-the-environment/): The State protects the people's right to a balanced and healthful ecology in harmony with nature.
- [What is the State's duty concerning the people's health?](https://ndvlaw.com/what-is-the-states-duty-concerning-the-peoples-health/): The State protects and promotes the right to health while instilling health consciousness among the people.
- [What is the State policy regarding the role of women?](https://ndvlaw.com/what-is-the-state-policy-regarding-the-role-of-women/): The State recognizes women's role in nation-building and ensures fundamental legal equality between women and men.
- [How does the State encourage the involvement of the youth?](https://ndvlaw.com/how-does-the-state-encourage-the-involvement-of-the-youth/): The State encourages youth to be involved in public affairs while inculcating patriotism and nationalism in them.
- [What role does the youth play in nation-building?](https://ndvlaw.com/what-role-does-the-youth-play-in-nation-building/): The State recognizes the vital role of youth in nation-building and promotes their holistic well-being and development.
- [What is the role of parents in rearing the youth?](https://ndvlaw.com/what-is-the-role-of-parents-in-rearing-the-youth/): Parents have the primary right and duty to rear youth, with government support for their moral development.
- [How does the Constitution protect the life of the unborn?](https://ndvlaw.com/how-does-the-constitution-protect-the-life-of-the-unborn/): The State provides equal protection for the lives of both the mother and the unborn from conception.
- [What is the constitutional status of the family?](https://ndvlaw.com/what-is-the-constitutional-status-of-the-family/): The State recognizes the sanctity of family life and protects the family as a basic autonomous social institution.
- [How does the State view human dignity and human rights?](https://ndvlaw.com/how-does-the-state-view-human-dignity-and-human-rights/): The State values the dignity of every person and guarantees full respect for their human rights.
- [What is the State's commitment to social justice?](https://ndvlaw.com/what-is-the-states-commitment-to-social-justice/): The State is committed to promoting social justice across all phases of national development.
- [How does the State intend to free the people from poverty?](https://ndvlaw.com/how-does-the-state-intend-to-free-the-people-from-poverty/): The State promotes a just social order and social services to ensure prosperity and free people from poverty.
- [What is the policy of the Philippines regarding nuclear weapons?](https://ndvlaw.com/what-is-the-policy-of-the-philippines-regarding-nuclear-weapons/): Consistent with national interest, the Philippines maintains a policy of freedom from nuclear weapons within its territory.
- [What happens if a division of the Supreme Court fails to obtain the required number of votes?](https://ndvlaw.com/what-happens-if-a-division-of-the-supreme-court-fails-to-obtain-the-required-number-of-votes/): Divisions within the Supreme Court must meet a specific voting threshold to validly decide a case.
- [What are the voting requirements when the Supreme Court hears a case in division?](https://ndvlaw.com/what-are-the-voting-requirements-when-the-supreme-court-hears-a-case-in-division/): When the Supreme Court sits in a division, it operates with a smaller group of justices to expedite the resolution of cases.
- [Which cases are constitutionally required to be heard by the Supreme Court en banc?](https://ndvlaw.com/which-cases-are-constitutionally-required-to-be-heard-by-the-supreme-court-en-banc/): The Supreme Court is required to sit en banc when hearing cases that involve the constitutionality of a treaty, international or executive agreement, or law.
- [What is the strict timeframe for filling a vacancy in the Supreme Court?](https://ndvlaw.com/what-is-the-strict-timeframe-for-filling-a-vacancy-in-the-supreme-court/): The constitution provides a strict timeline to ensure that the Supreme Court remains fully functioning and fully staffed.
- [What is the mandated composition of the Supreme Court?](https://ndvlaw.com/what-is-the-mandated-composition-of-the-supreme-court/): The Supreme Court of the Philippines is designed to function as a collegial body with a specific number of magistrates.
- [How does the constitution ensure the fiscal autonomy of the Judiciary?](https://ndvlaw.com/how-does-the-constitution-ensure-the-fiscal-autonomy-of-the-judiciary/): Fiscal autonomy guarantees that the Judiciary operates with financial independence from the other branches of government.
- [Can the legislature freely reorganize the Judiciary through new laws?](https://ndvlaw.com/can-the-legislature-freely-reorganize-the-judiciary-through-new-laws/): Congress possesses the authority to pass laws concerning the structure of the judicial branch, but it cannot reorganize the Judiciary at will.
- [Who holds the power to define the jurisdiction of courts, and what is its limitation?](https://ndvlaw.com/who-holds-the-power-to-define-the-jurisdiction-of-courts-and-what-is-its-limitation/): The Congress is granted the constitutional power to define, prescribe, and apportion the jurisdiction of various courts throughout the country.
- [What specific duties are included under the scope of judicial power?](https://ndvlaw.com/what-specific-duties-are-included-under-the-scope-of-judicial-power/): Judicial power broadly encompasses the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable.
- [What is judicial power and where is it officially vested?](https://ndvlaw.com/what-is-judicial-power-and-where-is-it-officially-vested/): The judicial power of the government is officially vested in one Supreme Court and in such other lower courts as may be established by law.
- [A Quick Guide on the Regulatory Framework on Philippine Entertainment](https://ndvlaw.com/a-quick-guide-on-the-regulatory-framework-on-philippine-entertainment/): This is a quick guide on the rules, laws and regulation on Philippine entertainment.
- [A Quick Guide on Cross-Border Transactions in the Philippines (Part 2)](https://ndvlaw.com/a-quick-guide-on-cross-border-transactions-in-the-philippines-part-2/): This Article provides a quick guide on cross-border transactions in the Philippines.
- [A Quick Guide on Cross-Border Transactions in the Philippines (Part 1)](https://ndvlaw.com/a-quick-guide-on-cross-border-transactions-in-the-philippines/): This Article provides a quick guide on cross-border transactions in the Philippines.
- [Navigating Music Rights: A Legal Explainer on the Intellectual Property Rights of Music Composers in the Philippines (PART 1)](https://ndvlaw.com/navigating-music-rights-a-legal-explainer-on-the-intellectual-property-rights-of-music-composers-in-the-philippines-part-1/): This article talks about the intellectual property rights of music composers in the Philippines.
- [Navigating Music Rights: A Legal Explainer on the Intellectual Property Rights of Sound Recording Producers in the Philippines (PART 2)](https://ndvlaw.com/navigating-music-rights-a-legal-explainer-on-the-intellectual-property-rights-of-sound-recording-producers-in-the-philippines-part-2/): This article talks about the intellectual property rights of music sound producers in the Philippines.
- [Defenses &amp; Exceptions to Trademark Infringement: Good Faith Prior Use, “Bona Fide” Descriptive Use, and Other Real-World Safety Valves](https://ndvlaw.com/defenses-exceptions-to-trademark-infringement-good-faith-prior-use-bona-fide-descriptive-use-and-other-real-world-safety-valves/): This is a practical guide for business owners on the defenses and exceptions to trademark infringement.
- [Elements and Proof of Trademark Infringement (Civil and Criminal): What You Must Allege, Prove, and Prepare](https://ndvlaw.com/elements-and-proof-of-trademark-infringement-civil-and-criminal-what-you-must-allege-prove-and-prepare/): This is a practical guide for business owners on the elements, roof, what must be alleged and proven for trademark infringement.
- [Practical Guide to Trademark Infringement: The Core Rule, the “Likelihood of Confusion” Test, and What Courts Actually Look For](https://ndvlaw.com/practical-guide-to-trademark-infringement-the-core-rule-the-likelihood-of-confusion-test-and-what-courts-actually-look-for/): This is a practical guide for business owners about the acts that constitute trademark infringement.
- [Choosing the Right Market‑Entry Structure in the Philippines: What Foreign Investors Discover Too Late](https://ndvlaw.com/choosing-the-right-market-entry-structure-in-the-philippines-what-foreign-investors-discover-too-late/): This Article provides advice to foreign directors, lawyers or corporations regarding choosing the right corporate structure when entering the Philippine market.
- [Entering the Philippine Market: A Legal Risk Map for Foreign Boards and General Counsel](https://ndvlaw.com/entering-the-philippine-market-a-legal-risk-map-for-foreign-boards-and-general-counsel/): This Article provides a legal risk map for foreign directors, lawyers or corporations when entering the Philippine market.
- [A Comprehensive Guide to the 12th Foreign Investment Negative List](https://ndvlaw.com/a-comprehensive-guide-to-the-12th-foreign-investment-negative-list/): This article talks about the 12th Foreign Investment Negative List and the foreign equity allowed by law in the Philippines for certain businesses and industries.
- [A Legal Guide to Corporate Mergers in the Philippines](https://ndvlaw.com/a-legal-guide-to-corporate-mergers-in-the-philippines/): This legal explainer navigates the intricate process of corporate mergers under Philippine law, detailing the governing statutes, procedural requirements from board and stockholder approval to regulatory certification, and the significant legal and practical consequences for the involved corporations and their stakeholders.
- [Foreign Ownership Rules under Philippine Laws](https://ndvlaw.com/foreign-ownership-rules-under-philippine-laws/): This is a comprehensive guide to the Philippines' foreign ownership laws, including the Revised Corporation Code, Foreign Investment Act, SEC circulars, and recent Supreme Court decisions.
- [Navigating Voluntary Surrender: A Legal Guide to Mitigating Criminal Liability](https://ndvlaw.com/navigating-voluntary-surrender-a-legal-guide-to-mitigating-criminal-liability/): This article explores the mitigating circumstance of voluntary surrender, detailing the Revised Penal Code requirements and the Supreme Court’s "totality of circumstances" standard for reducing criminal penalties.
- [Does the President address Congress at the start of its session?](https://ndvlaw.com/does-the-president-address-congress-at-the-start-of-its-session/): The President is required to address Congress at the opening of its regular session to report on the nation.
- [When must the President submit the national budget to Congress?](https://ndvlaw.com/when-must-the-president-submit-the-national-budget-to-congress/): The President must submit the national budget to Congress within thirty days of the start of each regular session.
- [What is required for a treaty to be valid in the Philippines?](https://ndvlaw.com/what-is-required-for-a-treaty-to-be-valid-in-the-philippines/): A treaty is only valid if at least two-thirds of the Senate members concur with the international agreement.
- [Who must the President consult before contracting foreign loans?](https://ndvlaw.com/who-must-the-president-consult-before-contracting-foreign-loans/): The President must get the Monetary Board's concurrence before contracting or guaranteeing any foreign loans for the Republic.
- [Who must concur for the President to grant amnesty?](https://ndvlaw.com/who-must-concur-for-the-president-to-grant-amnesty/): The President requires the concurrence of a majority of all members of Congress to grant legal amnesty.
- [What clemency powers does the President possess?](https://ndvlaw.com/what-clemency-powers-does-the-president-possess/): The President can grant pardons, reprieves, and commutations, except in impeachment cases, after a final judicial conviction.
- [What is the time limit for charging a person arrested during the writ's suspension?](https://ndvlaw.com/what-is-the-time-limit-for-charging-a-person-arrested-during-the-writs-suspension/): Persons arrested during a writ suspension must be charged within three days or be released from government custody immediately.
- [To whom does the suspension of the writ of habeas corpus apply?](https://ndvlaw.com/to-whom-does-the-suspension-of-the-writ-of-habeas-corpus-apply/): Suspending the writ of habeas corpus only affects those judicially charged with rebellion or crimes directly related to an invasion.
- [Does martial law suspend the operation of the Constitution?](https://ndvlaw.com/does-martial-law-suspend-the-operation-of-the-constitution/): Martial law does not suspend the Constitution or the functions of civil courts and legislative assemblies in the Philippines.
- [What is the Supreme Court's role in reviewing martial law?](https://ndvlaw.com/what-is-the-supreme-courts-role-in-reviewing-martial-law/): The Supreme Court can review the factual basis of martial law and must decide on its validity within thirty days.
- [Can Congress revoke a proclamation of martial law?](https://ndvlaw.com/can-congress-revoke-a-proclamation-of-martial-law/): Congress has the power to revoke a martial law proclamation through a majority joint vote, which the President cannot veto.
- [What is the President's duty to Congress after proclaiming martial law?](https://ndvlaw.com/what-is-the-presidents-duty-to-congress-after-proclaiming-martial-law/): Within forty-eight hours of declaring martial law, the President must submit a formal report to Congress for legislative review.
- [Under what conditions can the President proclaim martial law?](https://ndvlaw.com/under-what-conditions-can-the-president-proclaim-martial-law/): The President may declare martial law for sixty days during an invasion or rebellion if public safety strictly requires it.
- [What is the role of the President regarding the armed forces?](https://ndvlaw.com/what-is-the-role-of-the-president-regarding-the-armed-forces/): As Commander-in-Chief, the President can mobilize the armed forces to suppress violence, invasion, or rebellion when necessary.
- [What is the President's power of control over executive departments?](https://ndvlaw.com/what-is-the-presidents-power-of-control-over-executive-departments/): The President controls all executive departments and is responsible for ensuring that all national laws are faithfully executed.
- [Can the President make appointments while Congress is in recess?](https://ndvlaw.com/can-the-president-make-appointments-while-congress-is-in-recess/): The President can make appointments during congressional recess, but they are temporary and subject to future legislative review.
- [Who does the President have the power to nominate and appoint?](https://ndvlaw.com/who-does-the-president-have-the-power-to-nominate-and-appoint/): The President appoints department heads, ambassadors, and high-ranking military officers, often requiring Commission on Appointments' consent.
- [What is the restriction on presidential appointments before an election?](https://ndvlaw.com/what-is-the-restriction-on-presidential-appointments-before-an-election/): The President cannot make appointments two months before an election, except for urgent temporary positions to ensure public safety.
- [What is the status of appointments made by an Acting President?](https://ndvlaw.com/what-is-the-status-of-appointments-made-by-an-acting-president/): Appointments by an Acting President stay effective unless revoked by the regular President within ninety days of taking office.
- [Can the President appoint relatives to government positions?](https://ndvlaw.com/can-the-president-appoint-relatives-to-government-positions/): The President is prohibited from appointing close relatives to high-ranking government positions during their six-year term of office.
- [What business restrictions apply to the President and Cabinet members?](https://ndvlaw.com/what-business-restrictions-apply-to-the-president-and-cabinet-members/): Executive officials are forbidden from practicing other professions or having financial interests in any government-granted contracts or franchises.
- [Are executive officials allowed to hold other offices during their tenure?](https://ndvlaw.com/are-executive-officials-allowed-to-hold-other-offices-during-their-tenure/): Top executive officials are generally prohibited from holding any other office or employment during their constitutional term of office.
- [Who is guaranteed access to the President during a serious illness?](https://ndvlaw.com/who-is-guaranteed-access-to-the-president-during-a-serious-illness/): Security-related Cabinet members and the Armed Forces Chief of Staff must have access to a seriously ill President.
- [Must the public be informed if the President has a serious illness?](https://ndvlaw.com/must-the-public-be-informed-if-the-president-has-a-serious-illness/): The public must be kept informed about the President's health status if they suffer from a serious illness.
- [How is a dispute resolved if the President claims no inability exists but the Cabinet disagrees?](https://ndvlaw.com/how-is-a-dispute-resolved-if-the-president-claims-no-inability-exists-but-the-cabinet-disagrees/): Congress resolves disputes between the President and Cabinet regarding the President's fitness to hold and exercise official power.
- [What happens if the Cabinet declares the President is unable to discharge their duties?](https://ndvlaw.com/what-happens-if-the-cabinet-declares-the-president-is-unable-to-discharge-their-duties/): The Vice-President becomes Acting President if a majority of the Cabinet declares the President is unable to govern.
- [How can a President declare their own inability to discharge their duties?](https://ndvlaw.com/how-can-a-president-declare-their-own-inability-to-discharge-their-duties/): The President can temporarily transfer power to the Vice-President by submitting a written declaration of inability to Congress.
- [When is a special election called for the offices of President and Vice-President?](https://ndvlaw.com/when-is-a-special-election-called-for-the-offices-of-president-and-vice-president/): Congress calls a special election if both offices are vacant, unless the vacancy occurs within eighteen months of elections.
- [How is a vacancy in the Office of the Vice-President filled?](https://ndvlaw.com/how-is-a-vacancy-in-the-office-of-the-vice-president-filled/): A Vice-Presidential vacancy is filled by presidential nomination from Congress, followed by a majority vote from both Houses.
- [What occurs if the President dies, resigns, or is removed during their term?](https://ndvlaw.com/what-occurs-if-the-president-dies-resigns-or-is-removed-during-their-term/): The Vice-President becomes the President to serve the unexpired term if the President dies, resigns, or is removed.
- [Who acts as President if both the President and Vice-President are not chosen or fail to qualify?](https://ndvlaw.com/who-acts-as-president-if-both-the-president-and-vice-president-are-not-chosen-or-fail-to-qualify/): The Senate President or Speaker of the House acts as President if both top leaders are unavailable.
- [What happens if the President-elect dies at the beginning of the term?](https://ndvlaw.com/what-happens-if-the-president-elect-dies-at-the-beginning-of-the-term-2/): If the President-elect dies or is permanently disabled, the Vice-President-elect becomes the President for the full term.
- [What happens if the President-elect dies at the beginning of the term?](https://ndvlaw.com/what-happens-if-the-president-elect-dies-at-the-beginning-of-the-term/): If the President-elect dies or is permanently disabled, the Vice-President-elect becomes the President for the full term.
- [Who acts as President if the President-elect fails to qualify?](https://ndvlaw.com/who-acts-as-president-if-the-president-elect-fails-to-qualify/): The Vice-President-elect acts as President if the President-elect fails to qualify for the office at the term's start.
- [Are the President and Vice-President allowed to receive other emoluments?](https://ndvlaw.com/are-the-president-and-vice-president-allowed-to-receive-other-emoluments/): The President and Vice-President are prohibited from receiving any additional emoluments from the government or private sources.
- [What are the rules regarding the salary of the President and Vice-President?](https://ndvlaw.com/what-are-the-rules-regarding-the-salary-of-the-president-and-vice-president/): Salaries for the President and Vice-President are fixed by law and cannot be reduced during their tenure.
- [What must the President do before entering into the execution of the office?](https://ndvlaw.com/what-must-the-president-do-before-entering-into-the-execution-of-the-office/): The President and Vice-President must take a constitutional oath or affirmation before they can officially execute their duties.
- [Which body is the sole judge of election contests involving the President?](https://ndvlaw.com/which-body-is-the-sole-judge-of-election-contests-involving-the-president/): The Supreme Court, sitting en banc, is the final judge of all presidential and vice-presidential election contests.
- [How is a tie resolved if two candidates for President receive the highest equal number of votes?](https://ndvlaw.com/how-is-a-tie-resolved-if-two-candidates-for-president-receive-the-highest-equal-number-of-votes/): If a tie occurs, Congress breaks it by a majority vote of all members, with each House voting separately.
- [Who has the authority to canvass the votes for the President and Vice-President?](https://ndvlaw.com/who-has-the-authority-to-canvass-the-votes-for-the-president-and-vice-president/): Congress canvasses the votes for President and Vice-President in a joint public session after verifying the certificates.
- [Who receives the certified election returns for the President and Vice-President?](https://ndvlaw.com/who-receives-the-certified-election-returns-for-the-president-and-vice-president/): Certified election returns are transmitted to Congress and directed to the Senate President for the official canvass.
- [When is the regular election for the President and Vice-President held?](https://ndvlaw.com/when-is-the-regular-election-for-the-president-and-vice-president-held/): Regular elections for the President and Vice-President are held on the second Monday of May, unless changed by law.
- [What is the term limit for the Vice-President?](https://ndvlaw.com/what-is-the-term-limit-for-the-vice-president/): The Vice-President is limited to serving no more than two consecutive six-year terms in office.
- [Is the President allowed to seek re-election after their term?](https://ndvlaw.com/is-the-president-allowed-to-seek-re-election-after-their-term/): The President is strictly prohibited from seeking any re-election after serving their single six-year term.
- [What is the length of the term for the President and Vice-President?](https://ndvlaw.com/what-is-the-length-of-the-term-for-the-president-and-vice-president/): The President and Vice-President serve a six-year term beginning at noon on June 30 following the election.
- [Can the Vice-President be appointed to a Cabinet position?](https://ndvlaw.com/can-the-vice-president-be-appointed-to-a-cabinet-position/): The President may appoint the Vice-President to the Cabinet, and this specific appointment does not require confirmation.
- [What are the qualifications for the Vice-President of the Philippines?](https://ndvlaw.com/what-are-the-qualifications-for-the-vice-president-of-the-philippines/): The Vice-President must possess the same qualifications regarding citizenship, age, literacy, and residency as the President.
- [How long must a person reside in the Philippines before they can run for President?](https://ndvlaw.com/how-long-must-a-person-reside-in-the-philippines-before-they-can-run-for-president/): Candidates for President must have resided in the Philippines for at least ten years immediately preceding the election.
- [What are the age and literacy requirements for a presidential candidate?](https://ndvlaw.com/what-are-the-age-and-literacy-requirements-for-a-presidential-candidate/): Presidential candidates must be at least forty years old and able to read and write on election day.
- [What is the citizenship requirement for a person to be elected President?](https://ndvlaw.com/what-is-the-citizenship-requirement-for-a-person-to-be-elected-president/): A presidential candidate must be a natural-born citizen of the Philippines to be eligible for election to the office.
- [In whom is the executive power of the Philippines vested?](https://ndvlaw.com/in-whom-is-the-executive-power-of-the-philippines-vested/): Executive power is exclusively vested in the President of the Philippines, who serves as the head of the nation.
- [What system must Congress provide for direct legislation by the people?](https://ndvlaw.com/what-system-must-congress-provide-for-direct-legislation-by-the-people/): Congress must establish an initiative and referendum system allowing citizens to directly propose, enact, or reject laws via registered petitions.
- [Is the government allowed to grant titles of royalty?](https://ndvlaw.com/is-the-government-allowed-to-grant-titles-of-royalty/): The Philippine government is strictly prohibited from enacting any laws that grant titles of royalty or nobility to any person.
- [Where must appropriation and revenue bills originate?](https://ndvlaw.com/where-must-appropriation-and-revenue-bills-originate/): All money-related bills, including appropriations and revenue measures, must originate exclusively within the House of Representatives for legislative consideration.
- [Who has the sole power to declare a state of war?](https://ndvlaw.com/who-has-the-sole-power-to-declare-a-state-of-war/): Congress alone can declare a state of war through a two-thirds vote of both houses in a joint session assembled.
- [Under what conditions do department heads appear before Congress?](https://ndvlaw.com/under-what-conditions-do-department-heads-appear-before-congress/): Department heads can appear before Congress to answer questions, provided written queries are submitted three days prior to their appearance.
- [Can Congress conduct inquiries in aid of legislation?](https://ndvlaw.com/can-congress-conduct-inquiries-in-aid-of-legislation/): Congress and its committees can conduct inquiries to aid legislation while respecting the rights of individuals participating in those proceedings.
- [Who audits the records and books of accounts of Congress?](https://ndvlaw.com/who-audits-the-records-and-books-of-accounts-of-congress/): The Commission on Audit audits Congressional accounts and publishes annual itemized reports on the expenses and payments for each member.
- [When must the Electoral Tribunals and Commission on Appointments be organized?](https://ndvlaw.com/when-must-the-electoral-tribunals-and-commission-on-appointments-be-organized/): Electoral Tribunals and the Commission on Appointments must be organized within thirty days of the election of house leadership.
- [What is the composition of the Commission on Appointments?](https://ndvlaw.com/what-is-the-composition-of-the-commission-on-appointments/): The Commission on Appointments includes the Senate President and twenty-four legislators to review and act upon various government appointments.
- [How is each Electoral Tribunal composed?](https://ndvlaw.com/how-is-each-electoral-tribunal-composed/): Each Electoral Tribunal consists of three Supreme Court Justices and six legislators, totaling nine members to judge election-related legislative contests.
- [What is the role of the Electoral Tribunal?](https://ndvlaw.com/what-is-the-role-of-the-electoral-tribunal/): Electoral Tribunals are the sole judges for all contests regarding the election, returns, and qualifications of members in each house.
- [What are the restrictions on adjournment for the two Houses?](https://ndvlaw.com/what-are-the-restrictions-on-adjournment-for-the-two-houses/): Neither house may adjourn for over three days or move their meeting place without the express consent of the other house.
- [What must each House keep regarding its proceedings?](https://ndvlaw.com/what-must-each-house-keep-regarding-its-proceedings/): Each house must maintain a Journal and Record of proceedings, publishing them while excluding matters that might affect national security.
- [What power does each House have over its own members' behavior?](https://ndvlaw.com/what-power-does-each-house-have-over-its-own-members-behavior/): Each house can punish members for disorderly behavior and suspend or expel them with a two-thirds majority vote of the membership.
- [What constitutes a quorum to do business in each House?](https://ndvlaw.com/what-constitutes-a-quorum-to-do-business-in-each-house/): A majority of members in each house constitutes a quorum required to conduct official legislative business and pass various laws.
- [How are the Senate President and House Speaker elected?](https://ndvlaw.com/how-are-the-senate-president-and-house-speaker-elected/): The Senate President and House Speaker are elected by a majority vote of all members in their respective legislative houses.
- [Who has the authority to call a special session of Congress?Special Session, Presidential Power, Congress, Emergency, Philippine Constitution, constitution, Philippine law, constitutional lawyer,](https://ndvlaw.com/who-has-the-authority-to-call-a-special-session-of-congress/): The President possesses the constitutional authority to call Congress into a special session at any time for urgent legislative matters.
- [How often and when does Congress convene for its regular session?](https://ndvlaw.com/how-often-and-when-does-congress-convene-for-its-regular-session/): Congress convenes annually on the fourth Monday of July for its regular session, lasting until thirty days before the next session.
- [Can Congress members be financially interested in government contracts?](https://ndvlaw.com/can-congress-members-be-financially-interested-in-government-contracts/): Members are forbidden from holding financial interests in government contracts or franchises to avoid conflicts of interest during their terms.
- [Can a member of Congress appear as counsel before a court?](https://ndvlaw.com/can-a-member-of-congress-appear-as-counsel-before-a-court/): Senators and House members are prohibited from appearing as personal legal counsel before any court or quasi-judicial body during tenure.
- [Are there offices to which a Congress member cannot be appointed?](https://ndvlaw.com/are-there-offices-to-which-a-congress-member-cannot-be-appointed/): Members cannot be appointed to offices created or granted salary increases during the term for which they were originally elected.
- [Can a Senator or Representative hold other government offices?](https://ndvlaw.com/can-a-senator-or-representative-hold-other-government-offices/): Holding another government office during their term results in a Senator or House member forfeiting their legislative seat immediately.
- [What must a member do if a conflict of interest arises from legislation?](https://ndvlaw.com/what-must-a-member-do-if-a-conflict-of-interest-arises-from-legislation/): Congress members must notify their respective house of any potential conflict of interest regarding legislation they author or file.
- [What disclosure must members of Congress make upon assuming office?](https://ndvlaw.com/what-disclosure-must-members-of-congress-make-upon-assuming-office/): Upon taking office, all Congress members must fully disclose their financial and business interests to ensure transparency and public accountability.
- [Are Congress members liable for speeches made in Congress?](https://ndvlaw.com/are-congress-members-liable-for-speeches-made-in-congress/): Members of Congress cannot be held liable elsewhere for speeches or debates made during official legislative proceedings or committee meetings.
- [What legal instrument defines the basic structure of government for an autonomous region?](https://ndvlaw.com/what-legal-instrument-defines-the-basic-structure-of-government-for-an-autonomous-region/): The organic act carefully defines the region's basic government structure, including an elective executive department and legislative assembly.
- [If a specific power is not explicitly granted to an autonomous region, who holds that power?](https://ndvlaw.com/if-a-specific-power-is-not-explicitly-granted-to-an-autonomous-region-who-holds-that-power/): All powers not expressly granted to the autonomous regions by the Constitution or law remain safely vested in the National Government.
- [What power does the President hold over the autonomous regions?](https://ndvlaw.com/what-power-does-the-president-hold-over-the-autonomous-regions/): The President exercises general supervision over autonomous regions simply to ensure the faithful execution of laws.
- [Do the autonomous regions operate outside the sovereignty of the Republic of the Philippines?](https://ndvlaw.com/do-the-autonomous-regions-operate-outside-the-sovereignty-of-the-republic-of-the-philippines/): Autonomous regions must operate strictly within the framework of the Constitution, national sovereignty, and national territorial integrity.
- [What specific factors justify the creation of autonomous regions in Muslim Mindanao and the Cordilleras?](https://ndvlaw.com/what-specific-factors-justify-the-creation-of-autonomous-regions-in-muslim-mindanao-and-the-cordilleras/): Autonomous regions are created based on fundamentally shared and distinctive historical, cultural, economic, and social characteristics.
- [Who are the designated members of the regional development councils?](https://ndvlaw.com/who-are-the-designated-members-of-the-regional-development-councils/): Regional development councils consist of local officials, regional department heads, and representatives from active non-governmental organizations.
- [What specific bodies is the President mandated to provide for regional development?](https://ndvlaw.com/what-specific-bodies-is-the-president-mandated-to-provide-for-regional-development/): The President must establish regional development councils or similar bodies to facilitate administrative decentralization and accelerate regional growth.
- [What is the primary prerequisite when local government units coordinate their efforts and resources?](https://ndvlaw.com/what-is-the-primary-prerequisite-when-local-government-units-coordinate-their-efforts-and-resources/): Local government unit collaborations must serve commonly beneficial purposes and be executed in strict accordance with the law.
- [Can different local government units collaborate or pool their resources together?](https://ndvlaw.com/can-different-local-government-units-collaborate-or-pool-their-resources-together/): Local government units may consolidate efforts, services, and resources for commonly beneficial purposes in accordance with the law.
- [Are voters in all component cities barred from voting for provincial elective officials?](https://ndvlaw.com/are-voters-in-all-component-cities-barred-from-voting-for-provincial-elective-officials/): Voters in component cities may vote for provincial officials unless their specific city charter explicitly prohibits it.
- [What is the political relationship between highly urbanized cities and the province where they are geographically located?](https://ndvlaw.com/what-is-the-political-relationship-between-highly-urbanized-cities-and-the-province-where-they-are-geographically-located/): Highly urbanized cities function completely independently of the province in which they are geographically located.
- [What is the primary function of a created metropolitan authority?](https://ndvlaw.com/what-is-the-primary-function-of-a-created-metropolitan-authority/): A metropolitan authority's jurisdiction is limited strictly to administering basic services that require coordination among component local units.
- [Does the creation of special metropolitan political subdivisions eliminate the autonomy of its component cities?](https://ndvlaw.com/does-the-creation-of-special-metropolitan-political-subdivisions-eliminate-the-autonomy-of-its-component-cities/): Component cities and municipalities within metropolitan political subdivisions retain their basic autonomy, local executives, and legislative assemblies.
- [What is required before the boundary of a local government unit can be substantially altered?](https://ndvlaw.com/what-is-required-before-the-boundary-of-a-local-government-unit-can-be-substantially-altered-2/): Substantial boundary alterations require compliance with statutory criteria and a majority vote in a plebiscite among affected residents.
- [What is required before the boundary of a local government unit can be substantially altered?](https://ndvlaw.com/what-is-required-before-the-boundary-of-a-local-government-unit-can-be-substantially-altered/): Substantial boundary alterations require compliance with statutory criteria and a majority vote in a plebiscite among affected residents.
- [Can a new province or city be created simply by passing a law?](https://ndvlaw.com/can-a-new-province-or-city-be-created-simply-by-passing-a-law/): Creating or altering local government units requires meeting Local Government Code criteria and approval via a plebiscite.
- [Do marginalized groups have a voice in the legislative bodies of local governments?](https://ndvlaw.com/do-marginalized-groups-have-a-voice-in-the-legislative-bodies-of-local-governments/): Local legislative bodies must include sectoral representation as prescribed by law to ensure marginalized groups have a voice.
- [How many consecutive terms can an elective local official serve?](https://ndvlaw.com/how-many-consecutive-terms-can-an-elective-local-official-serve/): Elective local officials cannot serve more than three consecutive terms, and voluntary renunciation does not interrupt this count.
- [What is the standard term of office for elective local officials?](https://ndvlaw.com/what-is-the-standard-term-of-office-for-elective-local-officials/): Except for barangay officials, the term of office for elective local officials is fixed at three years.
- [Do the inhabitants of a local area benefit directly from the utilization of national wealth?](https://ndvlaw.com/do-the-inhabitants-of-a-local-area-benefit-directly-from-the-utilization-of-national-wealth/): Inhabitants of an area must receive direct benefits from the utilization and development of national wealth in their locality.
- [Are local governments entitled to benefits from natural resources found in their territories?](https://ndvlaw.com/are-local-governments-entitled-to-benefits-from-natural-resources-found-in-their-territories/): Local governments have the right to an equitable share in the proceeds from the utilization of national wealth in their areas.
- [Can the national government arbitrarily withhold the tax shares of local government units?](https://ndvlaw.com/can-the-national-government-arbitrarily-withhold-the-tax-shares-of-local-government-units/): The national government cannot withhold tax shares, as they must be automatically released to local government units.
- [Do local governments receive a portion of the taxes collected by the national government?](https://ndvlaw.com/do-local-governments-receive-a-portion-of-the-taxes-collected-by-the-national-government/): Local governments are entitled to a just share of national taxes, which must be automatically released to them.
- [Where do the revenues generated from local taxes, fees, and charges go?](https://ndvlaw.com/where-do-the-revenues-generated-from-local-taxes-fees-and-charges-go/): Revenues from locally levied taxes, fees, and charges accrue exclusively to the local governments that collect them.
- [Are local government units authorized to generate their own financial resources?](https://ndvlaw.com/are-local-government-units-authorized-to-generate-their-own-financial-resources/): Local government units can create their own revenue sources and levy taxes, subject to guidelines provided by Congress.
- [How is the supervisory power over component local units structured among local governments?](https://ndvlaw.com/how-is-the-supervisory-power-over-component-local-units-structured-among-local-governments/): Provinces supervise component cities and municipalities, while cities and municipalities supervise their component barangays to ensure legal compliance.
- [What specific type of authority does the President exercise over local government units?](https://ndvlaw.com/what-specific-type-of-authority-does-the-president-exercise-over-local-government-units/): The President exercises general supervision over local governments to ensure they operate within their prescribed powers.
- [What specific democratic mechanisms must be included in the local government code?](https://ndvlaw.com/what-specific-democratic-mechanisms-must-be-included-in-the-local-government-code/): The local government code must include mechanisms for recall, initiative, and referendum to ensure direct democratic accountability.
- [What legislation is Congress mandated to enact regarding the structure of local governments?](https://ndvlaw.com/what-legislation-is-congress-mandated-to-enact-regarding-the-structure-of-local-governments/): Congress must enact a local government code to create a responsive, accountable, and decentralized local government structure.
- [Are local government units completely independent from the national government?](https://ndvlaw.com/are-local-government-units-completely-independent-from-the-national-government/): Local government units enjoy local autonomy, giving them administrative freedom while remaining under the national framework.
- [What core principle governs the administrative relationship of territorial subdivisions?](https://ndvlaw.com/what-core-principle-governs-the-administrative-relationship-of-territorial-subdivisions/): Territorial and political subdivisions are guaranteed local autonomy to independently manage their local affairs and serve their constituents.
- [Which specific areas are mandated by the fundamental law to have autonomous regions?](https://ndvlaw.com/which-specific-areas-are-mandated-by-the-fundamental-law-to-have-autonomous-regions/): Muslim Mindanao and the Cordilleras are the two specific geographic areas mandated to have autonomous regions.
- [What are the primary territorial and political subdivisions of the Republic of the Philippines?](https://ndvlaw.com/what-are-the-primary-territorial-and-political-subdivisions-of-the-republic-of-the-philippines/): Provinces, cities, municipalities, and barangays are the main political subdivisions of the Philippines, alongside designated autonomous regions.
- [Can a law be passed exempting a government entity from the jurisdiction of the Commission on Audit?](https://ndvlaw.com/can-a-law-be-passed-exempting-a-government-entity-from-the-jurisdiction-of-the-commission-on-audit/): The Constitution explicitly prohibits passing any law that exempts any government entity from the Commission on Audit's jurisdiction.
- [What is the primary duty of the Commission on Audit regarding government funds?](https://ndvlaw.com/what-is-the-primary-duty-of-the-commission-on-audit-regarding-government-funds/): The primary duty of the Commission on Audit is to examine, audit, and settle all government financial accounts and expenditures.
- [What are the professional qualifications required for Members of the Commission on Audit?](https://ndvlaw.com/what-are-the-professional-qualifications-required-for-members-of-the-commission-on-audit/): Members of the Commission on Audit must be either experienced lawyers or certified public accountants, promoting professional diversity.
- [Can the COMELEC deputize the Armed Forces of the Philippines independently?](https://ndvlaw.com/can-the-comelec-deputize-the-armed-forces-of-the-philippines-independently/): The COMELEC may deputize the Armed Forces of the Philippines, but only with the explicit concurrence of the President.
- [Does the COMELEC have the authority to decide questions involving the right to vote?](https://ndvlaw.com/does-the-comelec-have-the-authority-to-decide-questions-involving-the-right-to-vote/): The COMELEC decides questions affecting elections but is explicitly excluded from deciding questions involving the right to vote.
- [Are the decisions of the COMELEC on election contests involving municipal offices appealable?](https://ndvlaw.com/are-the-decisions-of-the-comelec-on-election-contests-involving-municipal-offices-appealable/): COMELEC decisions regarding election contests for municipal and barangay offices are final, executory, and not appealable.
- [Does the COMELEC exercise exclusive original jurisdiction over all election contests for regional officials?](https://ndvlaw.com/does-the-comelec-exercise-exclusive-original-jurisdiction-over-all-election-contests-for-regional-officials/): The COMELEC holds exclusive original jurisdiction over election contests involving elective regional, provincial, and city officials.
- [What is the primary function of the Commission on Elections regarding election laws?](https://ndvlaw.com/what-is-the-primary-function-of-the-commission-on-elections-regarding-election-laws/): The primary function of the COMELEC is to enforce and administer all laws relative to elections and referenda.
- [What is the term of office for the Chairman and Commissioners of the COMELEC?](https://ndvlaw.com/what-is-the-term-of-office-for-the-chairman-and-commissioners-of-the-comelec/): The Chairman and Commissioners of the COMELEC serve a seven-year term without any possibility of reappointment.
- [What are the professional qualifications required for the majority of COMELEC Members?](https://ndvlaw.com/what-are-the-professional-qualifications-required-for-the-majority-of-comelec-members/): A majority of COMELEC members, including the Chairman, must be lawyers with at least ten years of practice.
- [What is the composition of the Commission on Elections?](https://ndvlaw.com/what-is-the-composition-of-the-commission-on-elections/): The Commission on Elections is structured as a seven-member body, consisting of one Chairman and six Commissioners.
- [Are government pensions considered as prohibited double compensation?](https://ndvlaw.com/are-government-pensions-considered-as-prohibited-double-compensation/): Government pensions and gratuities are expressly exempted from being considered as additional, double, or indirect compensation.
- [Under what condition can a public officer accept a title from a foreign government?](https://ndvlaw.com/under-what-condition-can-a-public-officer-accept-a-title-from-a-foreign-government/): A public officer can only accept a present, office, or title from a foreign government with the consent of Congress.
- [Can a public officer receive double or indirect compensation?](https://ndvlaw.com/can-a-public-officer-receive-double-or-indirect-compensation/): Public officers and employees are constitutionally forbidden from receiving additional, double, or indirect compensation unless authorized by law.
- [Can an appointive official hold another employment in the Government without legal authorization?](https://ndvlaw.com/can-an-appointive-official-hold-another-employment-in-the-government-without-legal-authorization/): Appointive officials cannot hold any other government employment unless specifically allowed by law or their primary functions.
- [Is an elective official eligible for appointment to another public office during their tenure?](https://ndvlaw.com/is-an-elective-official-eligible-for-appointment-to-another-public-office-during-their-tenure/): An elective official cannot be appointed or designated to any other public office during their active tenure.
- [Can a candidate who lost in an election be immediately appointed to a government office?](https://ndvlaw.com/can-a-candidate-who-lost-in-an-election-be-immediately-appointed-to-a-government-office/): Losing candidates are constitutionally prohibited from being appointed to any government office within one year after the election.
- [Who is tasked with standardizing the compensation of government employees?](https://ndvlaw.com/who-is-tasked-with-standardizing-the-compensation-of-government-employees/): Congress is constitutionally responsible for providing the standardization of compensation for all government officials and employees.
- [What specific oath or affirmation must all public officers and employees take?](https://ndvlaw.com/what-specific-oath-or-affirmation-must-all-public-officers-and-employees-take/): All public officers and employees are constitutionally mandated to take an oath or affirmation to uphold and defend the Constitution.
- [To whom must the Civil Service Commission submit its annual report?](https://ndvlaw.com/to-whom-must-the-civil-service-commission-submit-its-annual-report/): The Civil Service Commission must submit an annual report regarding its personnel programs to the President and the Congress.
- [What government body acts as the central personnel agency of the Government?](https://ndvlaw.com/what-government-body-acts-as-the-central-personnel-agency-of-the-government/): The Civil Service Commission serves as the central personnel agency tasked with establishing a career service for the Government.
- [Are temporary employees of the government given any legal protection?](https://ndvlaw.com/are-temporary-employees-of-the-government-given-any-legal-protection/): Temporary government employees are constitutionally entitled to receive such protection as may be provided by law.
- [Do government employees have the constitutional right to self-organization?](https://ndvlaw.com/do-government-employees-have-the-constitutional-right-to-self-organization/): The Constitution explicitly protects the right of all government employees to engage in self-organization.
- [Are civil service employees permitted to engage in partisan political campaigns?](https://ndvlaw.com/are-civil-service-employees-permitted-to-engage-in-partisan-political-campaigns/): Officers and employees in the civil service are strictly forbidden from engaging in any electioneering or partisan political campaigns.
- [Can an officer in the civil service be removed from office without cause?](https://ndvlaw.com/can-an-officer-in-the-civil-service-be-removed-from-office-without-cause/): Civil service officers and employees cannot be suspended or removed from office except for cause provided by law.
- [What civil service positions are exempt from the competitive examination requirement?](https://ndvlaw.com/what-civil-service-positions-are-exempt-from-the-competitive-examination-requirement/): Policy-determining, primarily confidential, and highly technical positions are exempt from the competitive examination requirement in the civil service.
- [How are appointments in the civil service generally determined?](https://ndvlaw.com/how-are-appointments-in-the-civil-service-generally-determined/): Civil service appointments are fundamentally based on merit and fitness, typically determined by competitive examinations.
- [Does the civil service embrace government-owned corporations?](https://ndvlaw.com/does-the-civil-service-embrace-government-owned-corporations/): The civil service includes all government branches, as well as government-owned or controlled corporations with original charters.
- [Can a Member of the Civil Service Commission be appointed in an acting capacity?](https://ndvlaw.com/can-a-member-of-the-civil-service-commission-be-appointed-in-an-acting-capacity/): It is unconstitutional for any member of the Civil Service Commission to be appointed in a temporary or acting capacity.
- [How long is the term of office for Civil Service Commissioners?](https://ndvlaw.com/how-long-is-the-term-of-office-for-civil-service-commissioners/): Members of the Civil Service Commission serve a strict seven-year term without any possibility of reappointment.
- [Can a recent election candidate be appointed to the Civil Service Commission?](https://ndvlaw.com/can-a-recent-election-candidate-be-appointed-to-the-civil-service-commission/): Candidates from the immediately preceding elections are barred from being appointed to the Civil Service Commission.
- [What is the minimum age requirement for Members of the Civil Service Commission?](https://ndvlaw.com/what-is-the-minimum-age-requirement-for-members-of-the-civil-service-commission-2/): Appointees to the Civil Service Commission must be at least thirty-five years old at the time of their appointment.
- [What are the citizenship requirements for a Civil Service Commissioner?](https://ndvlaw.com/what-are-the-citizenship-requirements-for-a-civil-service-commissioner-2/): Only natural-born citizens of the Philippines are eligible to be appointed as members of the Civil Service Commission.
- [What is the minimum age requirement for Members of the Civil Service Commission?](https://ndvlaw.com/what-is-the-minimum-age-requirement-for-members-of-the-civil-service-commission/): Appointees to the Civil Service Commission must be at least thirty-five years old at the time of their appointment.
- [What are the citizenship requirements for a Civil Service Commissioner?](https://ndvlaw.com/what-are-the-citizenship-requirements-for-a-civil-service-commissioner/): Only natural-born citizens of the Philippines are eligible to be appointed as members of the Civil Service Commission.
- [Who administers the Civil Service of the Philippine government?](https://ndvlaw.com/who-administers-the-civil-service-of-the-philippine-government/): The Civil Service is exclusively administered by the Civil Service Commission, which consists of a Chairman and two Commissioners.
- [Can the Constitutional Commissions perform functions other than those provided in the Constitution?](https://ndvlaw.com/can-the-constitutional-commissions-perform-functions-other-than-those-provided-in-the-constitution/): The Constitutional Commissions are authorized to perform any other functions that may be provided and assigned by law.
- [Where can an aggrieved party appeal a ruling of a Constitutional Commission?](https://ndvlaw.com/where-can-an-aggrieved-party-appeal-a-ruling-of-a-constitutional-commission/): Decisions of a Commission may be brought to the Supreme Court on certiorari within thirty days by an aggrieved party.
- [When is a case deemed submitted for decision or resolution by a Commission?](https://ndvlaw.com/when-is-a-case-deemed-submitted-for-decision-or-resolution-by-a-commission/): A case is deemed submitted for decision once the final required pleading, brief, or memorandum has been filed.
- [Within how many days must a Commission decide a case brought before it?](https://ndvlaw.com/within-how-many-days-must-a-commission-decide-a-case-brought-before-it/): Every case brought before a Commission must be decided by a majority vote within sixty days of submission.
- [Can the procedural rules promulgated by a Constitutional Commission alter substantive rights?](https://ndvlaw.com/can-the-procedural-rules-promulgated-by-a-constitutional-commission-alter-substantive-rights/): Procedural rules promulgated by the Constitutional Commissions are explicitly prohibited from modifying, diminishing, or increasing substantive rights.
- [Who promulgates the rules of practice before a Constitutional Commission?](https://ndvlaw.com/who-promulgates-the-rules-of-practice-before-a-constitutional-commission/): Each Commission, sitting en banc, has the power to promulgate rules regarding pleadings and practice before it.
- [Are the approved annual appropriations of the Constitutional Commissions released with conditions?](https://ndvlaw.com/are-the-approved-annual-appropriations-of-the-constitutional-commissions-released-with-conditions/): The approved annual appropriations for the Constitutional Commissions must be released to them automatically and regularly.
- [What type of financial autonomy do Constitutional Commissions enjoy?](https://ndvlaw.com/what-type-of-financial-autonomy-do-constitutional-commissions-enjoy/): The Constitutional Commissions are explicitly granted fiscal autonomy to protect their operations from external financial pressure.
- [Who has the authority to appoint the officials and employees of the Constitutional Commissions?](https://ndvlaw.com/who-has-the-authority-to-appoint-the-officials-and-employees-of-the-constitutional-commissions/): The Constitutional Commissions have the authority to independently appoint their own officials and employees in accordance with the law.
- [Can the salary of the Chairman and Commissioners be decreased during their tenure?](https://ndvlaw.com/can-the-salary-of-the-chairman-and-commissioners-be-decreased-during-their-tenure/): To ensure independence, the salaries of the Chairman and Commissioners cannot be decreased at any point during their tenure.
- [Who determines the salary of the Chairman and Commissioners?](https://ndvlaw.com/who-determines-the-salary-of-the-chairman-and-commissioners/): The salaries of the Chairman and the Commissioners of the Constitutional Commissions must be fixed by law.
- [Can a commission member have financial interests in government contracts?](https://ndvlaw.com/can-a-commission-member-have-financial-interests-in-government-contracts/): Commission members are forbidden from having any direct or indirect financial interest in any government contract, franchise, or privilege.
- [Can a commission member actively manage a private business?](https://ndvlaw.com/can-a-commission-member-actively-manage-a-private-business/): Commission members cannot actively manage or control any business that could be affected by the functions of their office.
- [Are members of Constitutional Commissions allowed to practice their profession?](https://ndvlaw.com/are-members-of-constitutional-commissions-allowed-to-practice-their-profession/): Commission members are constitutionally prohibited from practicing any profession while they hold their government positions.
- [Can a member of a Constitutional Commission hold another office during their tenure?](https://ndvlaw.com/can-a-member-of-a-constitutional-commission-hold-another-office-during-their-tenure/): Constitutional Commission members are strictly barred from holding any other office or employment during their entire tenure.
- [What are the independent Constitutional Commissions?](https://ndvlaw.com/what-are-the-independent-constitutional-commissions/): The Constitution establishes the Civil Service Commission, the Commission on Elections, and the Commission on Audit as independent governmental bodies.
- [What are the mandatory periods within which courts must resolve filed cases?](https://ndvlaw.com/what-are-the-mandatory-periods-within-which-courts-must-resolve-filed-cases/): To prevent the unreasonable delay of justice, the constitution imposes strict deadlines for resolving cases.
- [How long do members of the Judiciary hold office and who has the power to discipline them?](https://ndvlaw.com/how-long-do-members-of-the-judiciary-hold-office-and-who-has-the-power-to-discipline-them/): Members of the judiciary are granted security of tenure to ensure they can adjudicate without fear of arbitrary removal.
- [How is the financial compensation of the Members of the Judiciary protected during their tenure?](https://ndvlaw.com/how-is-the-financial-compensation-of-the-members-of-the-judiciary-protected-during-their-tenure/): The financial security of judges is a cornerstone of judicial independence.
- [How are the Members of the Supreme Court and lower courts appointed?](https://ndvlaw.com/how-are-the-members-of-the-supreme-court-and-lower-courts-appointed/): The appointment process for the Judiciary is designed to limit political influence by relying on a vetted shortlist.
- [What is the principal function of the Judicial and Bar Council?](https://ndvlaw.com/what-is-the-principal-function-of-the-judicial-and-bar-council/): The Judicial and Bar Council serves as a critical screening committee for the judicial branch.
- [Who are the members composing the Judicial and Bar Council?](https://ndvlaw.com/who-are-the-members-composing-the-judicial-and-bar-council/): The Judicial and Bar Council is a constitutionally created body tasked with an essential role in the appointment of judges.
- [What are the mandatory requirements for individuals appointed as judges of lower courts?](https://ndvlaw.com/what-are-the-mandatory-requirements-for-individuals-appointed-as-judges-of-lower-courts/): The qualifications for lower court judges are primarily prescribed by Congress, but the constitution sets an absolute baseline.
- [What are the constitutional qualifications required to be a Member of the Supreme Court?](https://ndvlaw.com/what-are-the-constitutional-qualifications-required-to-be-a-member-of-the-supreme-court/): The constitution sets stringent criteria to ensure that only highly qualified individuals reach the highest court.
- [Which entity exercises administrative supervision over all Philippine courts?](https://ndvlaw.com/which-entity-exercises-administrative-supervision-over-all-philippine-courts/): The Philippine judicial system is structured in a highly centralized manner to maintain uniformity and discipline.
- [Who has the authority to appoint the officials and employees of the Judiciary?](https://ndvlaw.com/who-has-the-authority-to-appoint-the-officials-and-employees-of-the-judiciary/): The Supreme Court is empowered to manage its own human resources independent of the executive branch.
- [What matters are covered by the rule-making power of the Supreme Court?](https://ndvlaw.com/what-matters-are-covered-by-the-rule-making-power-of-the-supreme-court/): The rule-making power of the Supreme Court allows it to govern the procedural aspects of the judicial system.
- [Can the Supreme Court alter the location where a trial is held?](https://ndvlaw.com/can-the-supreme-court-alter-the-location-where-a-trial-is-held/): The Supreme Court is authorized to manage trial proceedings to guarantee a fair and impartial hearing for all parties involved.
- [What is the rule on the temporary assignment of lower court judges to other stations?](https://ndvlaw.com/what-is-the-rule-on-the-temporary-assignment-of-lower-court-judges-to-other-stations/): The Supreme Court is entrusted with administrative powers to ensure the efficient delivery of justice across different regions.
- [In what specific instances can the Supreme Court exercise its appellate jurisdiction?](https://ndvlaw.com/in-what-specific-instances-can-the-supreme-court-exercise-its-appellate-jurisdiction/): The Supreme Court holds the power to review, revise, reverse, modify, or affirm on appeal or certiorari final judgments and orders of lower courts.
- [Over which types of cases does the Supreme Court exercise original jurisdiction?](https://ndvlaw.com/over-which-types-of-cases-does-the-supreme-court-exercise-original-jurisdiction/): The Supreme Court is granted original jurisdiction over certain high-level cases that directly impact international relations and fundamental rights.
- [Guidelines on the Compliances of One Person Corporations under SEC Memorandum Circular No. 10, Series of 2026](https://ndvlaw.com/guidelines-on-the-compliances-of-one-person-corporations-under-sec-memorandum-circular-no-10-series-of-2026/): This article talks about the guidelines for the compliances of One Person Corporations or OPCs pursuant to SEC Memorandum Circular No. 10, series of 2026.
- [Cyber Libel Prescribes One Year from Discovery](https://ndvlaw.com/cyber-libel-prescribes-one-year-from-discovery/): This article talks about the Supreme Court case that states that the crime of cyber libel prescribes one (1) year from the time it is discovered.
- [A Comprehensive Legal Guide to Republic Act No. 11966: The Public-Private Partnership (PPP) Code of the Philippines](https://ndvlaw.com/a-comprehensive-legal-guide-to-republic-act-no-11966-the-public-private-partnership-ppp-code-of-the-philippines/): This is a comprehensive guide to Republic Act No. 11966 or the Public-Private Partnership (PPP) Code of the Philippines.
- [A Legal Explainer on the Ease of Doing Business and Efficient Government Service Delivery Act of 2018 (Republic Act No. 11032)](https://ndvlaw.com/a-legal-explainer-on-the-ease-of-doing-business-and-efficient-government-service-delivery-act-of-2018-republic-act-no-11032/): This is a comprehensive guide to Republic Act No. 11032 or the Ease of Doing Business and Efficient Government Service Delivery Act of 2018.
- [A Legal Explainer on Republic Act No. 11659: Modernizing the Philippine Public Service Act](https://ndvlaw.com/a-legal-explainer-on-republic-act-no-11659-modernizing-the-philippine-public-service-act/): This is a comprehensive guide to Republic Act No. 11659 which amended the Public Service Act and altered the Philippine foreign investment climate by narrowing the definition of a "public utility," thereby opening massive sectors like telecommunications, shipping, and railways to up to 100% foreign ownership.
- [How does the State handle monopolies and combinations in restraint of trade?](https://ndvlaw.com/how-does-the-state-handle-monopolies-and-combinations-in-restraint-of-trade/): The State regulates monopolies to protect public interest, forbidding all combinations in restraint of trade or unfair competition.
- [Under what critical conditions can the State take over privately owned public utilities?](https://ndvlaw.com/under-what-critical-conditions-can-the-state-take-over-privately-owned-public-utilities/): During a national emergency, the State may temporarily take over the operation of privately owned utilities affecting public interest.
- [Who is exclusively allowed to practice professions within the Philippines?](https://ndvlaw.com/who-is-exclusively-allowed-to-practice-professions-within-the-philippines/): The practice of all professions in the Philippines is exclusively limited to Filipino citizens, unless prescribed by law.
- [What is the economic policy regarding Filipino labor and domestic goods?](https://ndvlaw.com/what-is-the-economic-policy-regarding-filipino-labor-and-domestic-goods/): The State promotes the preferential use of Filipino labor, domestic materials, and locally produced goods to ensure competitiveness.
- [What are the strict limitations placed on granting franchises for public utilities?](https://ndvlaw.com/what-are-the-strict-limitations-placed-on-granting-franchises-for-public-utilities/): Public utility franchises are limited to Filipinos or 60% Filipino-owned corporations, are non-exclusive, and max 50 years.
- [When does Congress have the power to reserve certain investment areas for Filipinos?](https://ndvlaw.com/when-does-congress-have-the-power-to-reserve-certain-investment-areas-for-filipinos/): Congress can reserve certain investment areas for Filipinos or 60% Filipino-owned corporations when the national interest strongly dictates.
- [Can a former natural-born Filipino citizen acquire private land in the Philippines?](https://ndvlaw.com/can-a-former-natural-born-filipino-citizen-acquire-private-land-in-the-philippines/): A natural-born citizen who lost their Philippine citizenship may still acquire private lands, subject to legal limitations.
- [What is the general rule regarding the transfer of private lands?](https://ndvlaw.com/what-is-the-general-rule-regarding-the-transfer-of-private-lands/): Private lands cannot be transferred to foreigners except through hereditary succession or if qualified to hold public lands.
- [What does the Constitution say about the social function of property?](https://ndvlaw.com/what-does-the-constitution-say-about-the-social-function-of-property/): Property use has a social function, and the State may intervene in private enterprises to promote the common good.
- [How does the State ensure the protection of indigenous cultural communities?](https://ndvlaw.com/how-does-the-state-ensure-the-protection-of-indigenous-cultural-communities/): The State protects the rights of indigenous cultural communities to their ancestral lands to ensure their overall well-being.
- [What responsibilities does Congress have concerning forest lands and national parks?](https://ndvlaw.com/what-responsibilities-does-congress-have-concerning-forest-lands-and-national-parks/): Congress must determine and mark boundaries of forest lands and national parks, conserving them from alteration except by law.
- [What are the size limits for Filipino citizens acquiring or leasing alienable public lands?](https://ndvlaw.com/what-are-the-size-limits-for-filipino-citizens-acquiring-or-leasing-alienable-public-lands/): A Filipino citizen may lease up to 500 hectares of alienable public land, or acquire up to 12 hectares.
- [What limitations exist for private corporations regarding alienable lands of the public domain?](https://ndvlaw.com/what-limitations-exist-for-private-corporations-regarding-alienable-lands-of-the-public-domain/): Private corporations can only lease alienable public lands up to 1,000 hectares for a maximum of 25 renewable years.
- [How are lands of the public domain classified under the Constitution?](https://ndvlaw.com/how-are-lands-of-the-public-domain-classified-under-the-constitution/): Public domain lands are classified into agricultural, forest, mineral, and national parks, with only agricultural lands being alienable.
- [Under what circumstances can the President involve foreign corporations in natural resource extraction?](https://ndvlaw.com/under-what-circumstances-can-the-president-involve-foreign-corporations-in-natural-resource-extraction/): The President may enter agreements with foreign corporations for technical or financial assistance in large-scale natural resource extraction.
- [How is the nation's marine wealth protected by the State?](https://ndvlaw.com/how-is-the-nations-marine-wealth-protected-by-the-state/): The State protects the nation’s marine wealth and reserves its use and enjoyment exclusively for Filipino citizens.
- [What are the conditions for corporations to participate in the utilization of natural resources?](https://ndvlaw.com/what-are-the-conditions-for-corporations-to-participate-in-the-utilization-of-natural-resources/): Corporations must be at least 60% Filipino-owned to enter into natural resource agreements with the State for 25 years.
- [Who holds the ownership of the natural resources in the Philippines?](https://ndvlaw.com/who-holds-the-ownership-of-the-natural-resources-in-the-philippines/): The State absolutely owns all natural resources, and with the exception of agricultural lands, they cannot be alienated.
- [How does the State approach the promotion of industrialization and full employment?](https://ndvlaw.com/how-does-the-state-approach-the-promotion-of-industrialization-and-full-employment/): The State promotes industrialization and full employment while protecting Filipino enterprises against unfair foreign competition and trade practices.
- [What are the primary goals of the national economy as outlined in the Constitution?](https://ndvlaw.com/what-are-the-primary-goals-of-the-national-economy-as-outlined-in-the-constitution/): The national economy aims to distribute wealth equitably, increase goods and services, and expand productivity for the underprivileged.
- [A Practical Guide on Non-Disclosure Agreements (NDA) in the Philippines](https://ndvlaw.com/a-practical-guide-on-non-disclosure-agreements-nda-in-the-philippines/): This is a practical guide on the legality of Non-disclosure agreement NDAs in the Philippines.
- [Control Is the Risk: Anti-Dummy Law Compliance for CEOs, CFOs, and General Counsel](https://ndvlaw.com/control-is-the-risk-anti-dummy-law-compliance-for-ceos-cfos-and-general-counsel/): This is a comprehensive guide to the Philippines' Anti-Dummy law dealing with managing foreign ownership risk.
- [Prenuptial Agreements in the Philippines: Legal Requirements and Practical Benefits](https://ndvlaw.com/prenuptial-agreements-in-the-philippines-legal-requirements-and-practical-benefits/): This article talks about prenuptial agreements or prenup in the Philippines.
- [How to File for Judicial Recognition of Foreign Divorce in the Philippines](https://ndvlaw.com/how-to-file-for-judicial-recognition-of-foreign-divorce-in-the-philippines/): This article talks about how to file judicial recognition of foreign divorce in the Philippines.
- [Navigating the New Digital VAT Landscape in the Philippines: A Strategic Guide for the C-Suite and General Counsel](https://ndvlaw.com/navigating-the-new-digital-vat-landscape-in-the-philippines-a-strategic-guide-for-the-c-suite-and-general-counsel/): This article talks about the imposition of Value Added Tax (VAT) on digital services in the Philippines.
- [A Look at the Law Banning Offshore Gaming Operations in the Philippines](https://ndvlaw.com/a-look-at-the-law-banning-offshore-gaming-operations-in-the-philippines/): This article talks about Republic Act No. 12312 or the law banning offshore gaming operations (POGO) in the Philippines.
- [Navigating the Eddie Garcia Act: A Comprehensive Legal Explainer on Worker Protection in the Movie and Television Industry](https://ndvlaw.com/navigating-the-eddie-garcia-act-a-comprehensive-legal-explainer-on-worker-protection-in-the-movie-and-television-industry/): This article talks about the Eddie Garcia Act or the protection of workers in the movie and television industry in the Philippines.
- [Ensuring Gender Parity: A Strategic Legal Guide on Protecting Women Against Workplace Discrimination in the Philippines](https://ndvlaw.com/ensuring-gender-parity-a-strategic-legal-guide-on-protecting-women-against-workplace-discrimination-in-the-philippines/): This article talks about the laws and rules that protect women from discrimination in the workplace in the Philippines.
- [Philippine Rules on the Employment of Foreign Nationals: A Strategic Guide for the C-Suite](https://ndvlaw.com/philippine-rules-on-the-employment-of-foreign-nationals-a-strategic-guide-for-the-c-suite/): This article talks about the rules on employment of foreigners in the Philippines.
- [A CEO’s Guide to Registration of Data Processing System with the National Privacy Commission (Part 4: Automated Decision-Making, Lawful Basis of Processing, and the Seal of Registration)](https://ndvlaw.com/a-ceos-guide-to-registration-of-data-processing-system-with-the-national-privacy-commission-part-4-automated-decision-making-lawful-basis-of-processing-and-the-seal-of-registration/): This is a guide to Registration of Data Processing System with the National Privacy Commission which discusses Automated Decision-Making, Lawful Basis of Processing, and the Seal of Registration.
- [A CEO’s Guide to Registration of Data Processing System with the National Privacy Commission (Part 3: Navigating Complex Corporate Structures, Subsidiaries, and Franchises)](https://ndvlaw.com/a-ceos-guide-to-registration-of-data-processing-system-with-the-national-privacy-commission-part-3-navigating-complex-corporate-structures-subsidiaries-and-franchises/): This is a guide to Registration of Data Processing System with the National Privacy Commission which discusses Complex Corporate Structures, Subsidiaries, and Franchises.
- [A CEO’s Guide to Registration of Data Processing System with the National Privacy Commission (Part 2: Procedures, Exceptions, and Practical Implications)](https://ndvlaw.com/a-ceos-guide-to-registration-of-data-processing-system-with-the-national-privacy-commission-part-2-procedures-exceptions-and-practical-implications/): This is a guide to Registration of Data Processing System with the National Privacy Commission which discusses procedures, exceptions and practical implications.
- [A CEO’s Guide to Registration of Data Processing System with the National Privacy Commission (Part 1: Legal Foundations and Mandatory Requirements)](https://ndvlaw.com/a-ceos-guide-to-registration-of-data-processing-system-with-the-national-privacy-commission-part-1-legal-foundations-and-mandatory-requirements/): This is a guide to Registration of Data Processing System with the National Privacy Commission which discusses mandatory and voluntary registration and the Data Privacy Officer.
- [The Close Corporation as the Ideal Legal Vehicle for Family Businesses](https://ndvlaw.com/the-close-corporation-as-the-ideal-legal-vehicle-for-family-businesses/): This article talks about incorporating as a close corporation as an ideal vehicle for families who want to do business under Philippine law.
- [A Comprehensive Legal Guide on Close Corporations in the Philippines](https://ndvlaw.com/a-comprehensive-legal-guide-on-close-corporations-in-the-philippines/): This article talks about the close corporations under Philippine law.
- [Protection of Student-Athletes in the Philippines](https://ndvlaw.com/protection-of-student-athletes-in-the-philippines/): This article talks about the protection of student-athlete under Philippine law.
- [Intellectual Property in the Digital Age: Protecting Software and Trade Secrets in the Philippines](https://ndvlaw.com/intellectual-property-in-the-digital-age-protecting-software-and-trade-secrets-in-the-philippines/): This article talks about protecting software and trade secrets of companies.
- [Navigating Cloud Outsourcing: Legal Compliance for Regulated Industries](https://ndvlaw.com/navigating-cloud-outsourcing-legal-compliance-for-regulated-industries/): This article talks about Navigating Cloud Outsourcing and Legal Compliance for companies
- [The AI Governance Frontier: Safeguarding Corporate Liability in the Age of Generative AI (Philippines)](https://ndvlaw.com/the-ai-governance-frontier-safeguarding-corporate-liability-in-the-age-of-generative-ai-philippines/): Article talks about he AI Governance Frontier: Safeguarding Corporate Liability in the Age of Generative AI in the Philippines
- [Mergers and Acquisitions: Avoiding PCC “Gun‑Jumping” Penalties (Philippines)](https://ndvlaw.com/mergers-and-acquisitions-avoiding-pcc-gun-jumping-penalties-philippines/): This article talks about the mergers and acquisition notification to the Philippine Competition Commission
- [Tax Optimization vs. Tax Evasion: The CEO’s Guide to the CREATE Act](https://ndvlaw.com/tax-optimization-vs-tax-evasion-the-ceos-guide-to-the-create-act/): This article talks about tax evasion, tax avoidance and tax optimization
- [Protecting the Crown Jewels: Enforcing Non-Compete Clauses in Executive Contracts in the Philippines](https://ndvlaw.com/protecting-the-crown-jewels-enforcing-non-compete-clauses-in-executive-contracts-in-the-philippines/): This article talks about Enforcing Non-Compete Clauses in Executive Contracts in the Philippines
- [The CEO’s Shield: Navigating the Business Judgment Rule and Corporate Liability in the Philippines](https://ndvlaw.com/the-ceos-shield-navigating-the-business-judgment-rule-and-corporate-liability-in-the-philippines/): This article talks about the CEO’s shield against liabilities under Philippine law.
- [What financial disclosure is required of every public officer or employee upon assumption of office?](https://ndvlaw.com/what-financial-disclosure-is-required-of-every-public-officer-or-employee-upon-assumption-of-office/): Public officers must submit a sworn declaration of assets, liabilities, and net worth upon assumption of office and thereafter.
- [Are high-ranking government officials allowed to obtain business loans from government-owned banks during their tenure?](https://ndvlaw.com/are-high-ranking-government-officials-allowed-to-obtain-business-loans-from-government-owned-banks-during-their-tenure/): High-ranking officials are prohibited from securing business loans or financial accommodations from government-owned banks during their tenure.
- [Can the State lose its right to recover ill-gotten wealth from corrupt officials due to the passage of time?](https://ndvlaw.com/can-the-state-lose-its-right-to-recover-ill-gotten-wealth-from-corrupt-officials-due-to-the-passage-of-time/): The State's right to recover unlawfully acquired properties from corrupt officials is not barred by prescription, laches, or estoppel.
- [How does the Constitution ensure the financial independence of the Office of the Ombudsman?](https://ndvlaw.com/how-does-the-constitution-ensure-the-financial-independence-of-the-office-of-the-ombudsman/): The Office of the Ombudsman enjoys fiscal autonomy, ensuring its annual appropriations are automatically and regularly released.
- [What is the role of the Ombudsman in addressing systemic issues like red tape and mismanagement?](https://ndvlaw.com/what-is-the-role-of-the-ombudsman-in-addressing-systemic-issues-like-red-tape-and-mismanagement/): The Ombudsman determines causes of systemic corruption and inefficiency, making recommendations to eliminate them and promote ethical standards.
- [Can the Office of the Ombudsman disclose the details of its ongoing investigations to the public?](https://ndvlaw.com/can-the-office-of-the-ombudsman-disclose-the-details-of-its-ongoing-investigations-to-the-public/): The Ombudsman may publicize details of its investigations when circumstances warrant it, provided it exercises due prudence.
- [Is the Ombudsman authorized to request assistance from other government agencies during an investigation?](https://ndvlaw.com/is-the-ombudsman-authorized-to-request-assistance-from-other-government-agencies-during-an-investigation/): The Ombudsman may request assistance, information, and the examination of records from any government agency to fulfill its duties.
- [How does the Ombudsman monitor contracts or transactions involving public funds?](https://ndvlaw.com/how-does-the-ombudsman-monitor-contracts-or-transactions-involving-public-funds/): The Ombudsman can demand documents regarding public fund disbursements and report any irregularities to the Commission on Audit.
- [Can the Ombudsman directly remove or suspend a public official found at fault?](https://ndvlaw.com/can-the-ombudsman-directly-remove-or-suspend-a-public-official-found-at-fault/): The Ombudsman may direct officers to take action against at-fault employees and recommend penalties like removal or suspension.
- [What power does the Ombudsman have to correct abuses or improprieties in the performance of government duties?](https://ndvlaw.com/what-power-does-the-ombudsman-have-to-correct-abuses-or-improprieties-in-the-performance-of-government-duties/): The Ombudsman can direct public officials to expedite lawful duties or to stop and correct abuses and improprieties.
- [Can the Office of the Ombudsman investigate acts of public officials without a formal complaint from a citizen?](https://ndvlaw.com/can-the-office-of-the-ombudsman-investigate-acts-of-public-officials-without-a-formal-complaint-from-a-citizen/): The Ombudsman can investigate any apparently illegal or unjust act of a public official either on complaint or on its own.
- [How must the Ombudsman act on complaints against public officials or employees?](https://ndvlaw.com/how-must-the-ombudsman-act-on-complaints-against-public-officials-or-employees/): The Ombudsman must act promptly on complaints filed in any form and appropriately notify complainants of the results.
- [Are the Ombudsman and his Deputies allowed to run for public office after their term ends?](https://ndvlaw.com/are-the-ombudsman-and-his-deputies-allowed-to-run-for-public-office-after-their-term-ends/): They are disqualified from running for any public office in the election immediately following the end of their term.
- [How long is the term of office for the Ombudsman and his Deputies, and can they be reappointed?](https://ndvlaw.com/how-long-is-the-term-of-office-for-the-ombudsman-and-his-deputies-and-can-they-be-reappointed/): The Ombudsman and Deputies serve a strict seven-year term and are absolutely disqualified from reappointment.
- [What rank and salary are granted to the Ombudsman and his Deputies?](https://ndvlaw.com/what-rank-and-salary-are-granted-to-the-ombudsman-and-his-deputies/): The Ombudsman and Deputies hold the rank and salary of Constitutional Commission Chairmen and Members, which cannot be decreased.
- [Does the appointment of the Ombudsman or his Deputies require confirmation by the Commission on Appointments?](https://ndvlaw.com/does-the-appointment-of-the-ombudsman-or-his-deputies-require-confirmation-by-the-commission-on-appointments/): Appointments to the Office of the Ombudsman require no congressional confirmation, and vacancies must be filled within three months.
- [Who appoints the Ombudsman and his Deputies, and how are the nominees selected?](https://ndvlaw.com/who-appoints-the-ombudsman-and-his-deputies-and-how-are-the-nominees-selected/): The President appoints the Ombudsman and Deputies from a list of nominees prepared by the Judicial and Bar Council.
- [What professional qualifications and experience are required to become the Ombudsman?](https://ndvlaw.com/what-professional-qualifications-and-experience-are-required-to-become-the-ombudsman/): The Ombudsman must be a Bar member of recognized probity with at least ten years of legal practice or judicial experience.
- [What are the basic citizenship and age requirements to be appointed as Ombudsman or Deputy?](https://ndvlaw.com/what-are-the-basic-citizenship-and-age-requirements-to-be-appointed-as-ombudsman-or-deputy/): The Ombudsman and Deputies must be natural-born Filipino citizens and at least forty years old at the time of appointment.
- [What is the new designation of the existing Tanodbayan under the 1987 Constitution?](https://ndvlaw.com/what-is-the-new-designation-of-the-existing-tanodbayan-under-the-1987-constitution/): The pre-existing Tanodbayan is now known as the Office of the Special Prosecutor, operating alongside the Ombudsman.
- [Who has the authority to appoint the officials and employees of the Office of the Ombudsman, excluding the Deputies?](https://ndvlaw.com/who-has-the-authority-to-appoint-the-officials-and-employees-of-the-office-of-the-ombudsman-excluding-the-deputies/): The Ombudsman appoints all officials and employees of the Office, other than the Deputies, according to Civil Service Law.
- [How is the Office of the Ombudsman composed in terms of its deputies?](https://ndvlaw.com/how-is-the-office-of-the-ombudsman-composed-in-terms-of-its-deputies-2/): The Office includes one overall Deputy, regional Deputies for Luzon, Visayas, and Mindanao, and a possible military Deputy.
- [What independent office was created by the Constitution to serve as protectors of the people?](https://ndvlaw.com/what-independent-office-was-created-by-the-constitution-to-serve-as-protectors-of-the-people/): The independent Office of the Ombudsman, headed by the Tanodbayan, was created to protect the people from government abuses.
- [What is the name of the anti-graft court recognized by the Constitution?](https://ndvlaw.com/what-is-the-name-of-the-anti-graft-court-recognized-by-the-constitution/): The Sandiganbayan is the present anti-graft court mandated to continue functioning and exercising its jurisdiction against corrupt officials.
- [Which government branch is responsible for creating the rules on impeachment?](https://ndvlaw.com/which-government-branch-is-responsible-for-creating-the-rules-on-impeachment-2/): Congress is constitutionally mandated to promulgate its own rules on impeachment to effectively carry out the impeachment process.
- [Is an official who has been convicted in an impeachment trial immune from ordinary criminal prosecution?](https://ndvlaw.com/is-an-official-who-has-been-convicted-in-an-impeachment-trial-immune-from-ordinary-criminal-prosecution-2/): A convicted official remains fully liable and subject to standard criminal prosecution, trial, and punishment under ordinary law.
- [What is the maximum judgment or penalty that can be imposed in an impeachment case?](https://ndvlaw.com/what-is-the-maximum-judgment-or-penalty-that-can-be-imposed-in-an-impeachment-case-2/): Impeachment judgments are limited strictly to removal from office and permanent disqualification from holding any public office.
- [How is the Office of the Ombudsman composed in terms of its deputies?](https://ndvlaw.com/how-is-the-office-of-the-ombudsman-composed-in-terms-of-its-deputies/): The Office includes one overall Deputy, regional Deputies for Luzon, Visayas, and Mindanao, and a possible military Deputy.
- [Which government branch is responsible for creating the rules on impeachment?](https://ndvlaw.com/which-government-branch-is-responsible-for-creating-the-rules-on-impeachment/): Congress is constitutionally mandated to promulgate its own rules on impeachment to effectively carry out the impeachment process.
- [Is an official who has been convicted in an impeachment trial immune from ordinary criminal prosecution?](https://ndvlaw.com/is-an-official-who-has-been-convicted-in-an-impeachment-trial-immune-from-ordinary-criminal-prosecution/): A convicted official remains fully liable and subject to standard criminal prosecution, trial, and punishment under ordinary law.
- [What is the maximum judgment or penalty that can be imposed in an impeachment case?](https://ndvlaw.com/what-is-the-maximum-judgment-or-penalty-that-can-be-imposed-in-an-impeachment-case/): Impeachment judgments are limited strictly to removal from office and permanent disqualification from holding any public office.
- [What is the required vote in the Senate to successfully convict an impeached official?](https://ndvlaw.com/what-is-the-required-vote-in-the-senate-to-successfully-convict-an-impeached-official/): Conviction in an impeachment trial requires the concurrence of at least two-thirds of all the Members of the Senate.
- [Who presides over the Senate when the President of the Philippines is on trial for impeachment?](https://ndvlaw.com/who-presides-over-the-senate-when-the-president-of-the-philippines-is-on-trial-for-impeachment/): The Chief Justice of the Supreme Court presides over the Senate during the President's impeachment trial but cannot vote.
- [Which body has the sole power to try and decide all cases of impeachment?](https://ndvlaw.com/which-body-has-the-sole-power-to-try-and-decide-all-cases-of-impeachment/): The Senate holds the sole power to try and decide all cases of impeachment, with Senators acting under oath or affirmation.
- [Is there a time limit on how often impeachment proceedings can be initiated against the same official?](https://ndvlaw.com/is-there-a-time-limit-on-how-often-impeachment-proceedings-can-be-initiated-against-the-same-official/): Impeachment proceedings cannot be initiated against the same official more than once within a period of one year.
- [What happens if an impeachment complaint is directly filed by at least one-third of all House Members?](https://ndvlaw.com/what-happens-if-an-impeachment-complaint-is-directly-filed-by-at-least-one-third-of-all-house-members/): A complaint filed by at least one-third of all House Members automatically constitutes the Articles of Impeachment, prompting an immediate Senate trial.
- [What is the required vote in the House of Representatives to affirm an impeachment resolution?](https://ndvlaw.com/what-is-the-required-vote-in-the-house-of-representatives-to-affirm-an-impeachment-resolution/): At least a one-third vote of all House Members is required to affirm or override an impeachment resolution from the Committee.
- [What is the timeline for the House of Representatives to include an impeachment complaint in its Order of Business?](https://ndvlaw.com/what-is-the-timeline-for-the-house-of-representatives-to-include-an-impeachment-complaint-in-its-order-of-business/): The complaint must be included in the Order of Business within ten session days and referred to the proper Committee within three days.
- [Who is authorized to file a verified complaint for impeachment?](https://ndvlaw.com/who-is-authorized-to-file-a-verified-complaint-for-impeachment/): A verified impeachment complaint may be filed by a House Member or any citizen with a House Member's resolution of endorsement.
- [Which legislative body holds the exclusive power to initiate all cases of impeachment?](https://ndvlaw.com/which-legislative-body-holds-the-exclusive-power-to-initiate-all-cases-of-impeachment/): The House of Representatives possesses the exclusive power to initiate all cases of impeachment against applicable public officials.
- [What are the specific grounds for the impeachment of impeachable officials?](https://ndvlaw.com/what-are-the-specific-grounds-for-the-impeachment-of-impeachable-officials/): Officials may be impeached for culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.
- [Who are the government officials that may be removed from office through impeachment?](https://ndvlaw.com/who-are-the-government-officials-that-may-be-removed-from-office-through-impeachment/): Impeachable officials include the President, Vice-President, Supreme Court Members, Constitutional Commission Members, and the Ombudsman.
- [How are public officers and employees expected to live their personal and professional lives?](https://ndvlaw.com/how-are-public-officers-and-employees-expected-to-live-their-personal-and-professional-lives/): Public officers must lead modest lives, act with patriotism and justice, and prioritize their accountability to the people.
- [What is the nature of a public office according to the Constitution?](https://ndvlaw.com/what-is-the-nature-of-a-public-office-according-to-the-constitution/): A public office is a public trust requiring officers to serve with accountability, integrity, loyalty, and efficiency at all times.
- [Is the autonomous region responsible for its own military defense against external threats?](https://ndvlaw.com/is-the-autonomous-region-responsible-for-its-own-military-defense-against-external-threats/): The National Government retains full constitutional responsibility for the overall defense and security of the autonomous regions.
- [Who holds the primary responsibility for maintaining peace and order within the autonomous regions?](https://ndvlaw.com/who-holds-the-primary-responsibility-for-maintaining-peace-and-order-within-the-autonomous-regions/): Local police agencies are primarily responsible for the preservation of peace and order within the autonomous regions.
- [Are autonomous regions granted control over the natural resources within their territories?](https://ndvlaw.com/are-autonomous-regions-granted-control-over-the-natural-resources-within-their-territories/): Autonomous regions have legislative powers concerning the careful management and protection of their ancestral domains and natural resources.
- [Do autonomous regions have legislative power over their own administrative organization?](https://ndvlaw.com/do-autonomous-regions-have-legislative-power-over-their-own-administrative-organization/): Autonomous regions possess legislative powers over their administrative organization, strictly subject to the Constitution and national laws.
- [Is there a specific timeframe for Congress to pass the organic acts for the autonomous regions?](https://ndvlaw.com/is-there-a-specific-timeframe-for-congress-to-pass-the-organic-acts-for-the-autonomous-regions/): The first Congress was required to comprehensively pass the organic acts within eighteen months from the organization of both Houses.
- [How does the creation of an autonomous region become legally effective?](https://ndvlaw.com/how-does-the-creation-of-an-autonomous-region-become-legally-effective/): The autonomous region's creation is effective only upon approval by a majority vote in a plebiscite of constituent units.
- [Does the organic act have provisions concerning the judicial system in autonomous regions?](https://ndvlaw.com/does-the-organic-act-have-provisions-concerning-the-judicial-system-in-autonomous-regions/): The organic act must create special courts handling personal, family, and property laws consistent with the national Constitution.
- [Who assists Congress in drafting the organic act for the autonomous regions?](https://ndvlaw.com/who-assists-congress-in-drafting-the-organic-act-for-the-autonomous-regions/): A regional consultative commission, comprising presidential appointees from multisectoral bodies, directly assists Congress in enacting the organic act.
- [Are workers in Barangay Micro Business Enterprises covered by standard wage orders?](https://ndvlaw.com/are-workers-in-barangay-micro-business-enterprises-covered-by-standard-wage-orders/): BMBE workers are exempt from standard wage orders under Republic Act No. 10644 but retain social security benefits.
- [Which bodies are authorized to determine daily minimum wage rates per region?](https://ndvlaw.com/which-bodies-are-authorized-to-determine-daily-minimum-wage-rates-per-region/): Regional Tripartite Wages and Productivity Boards determine industry-specific daily minimum wage rates per locality.
- [What defines a "service establishment" according to the applicable rules?](https://ndvlaw.com/what-defines-a-service-establishment-according-to-the-applicable-rules/): Service establishments are businesses that sell services specifically for personal or household use to individuals.
- [How is a "retail establishment" characterized under the wage rules?](https://ndvlaw.com/how-is-a-retail-establishment-characterized-under-the-wage-rules/): A retail establishment sells goods directly for personal use and loses this classification if it regularly engages in wholesale.
- [How do the implementing rules define "agriculture" for wage classification?](https://ndvlaw.com/how-do-the-implementing-rules-define-agriculture-for-wage-classification/): The rules define agriculture as encompassing farming activities but excluding the manufacturing or processing of agricultural products.
- [What law establishes the mechanism for fixing the minimum wage in the Philippines?](https://ndvlaw.com/what-law-establishes-the-mechanism-for-fixing-the-minimum-wage-in-the-philippines/): Republic Act No. 6727 mandates the establishment of minimum wage rates across various industrial sectors based on specific criteria.
- [Why Securing an eCAR from the BIR is Mandatory Before Updating the General Information Sheet (GIS)](https://ndvlaw.com/why-securing-an-ecar-from-the-bir-is-mandatory-before-updating-the-general-information-sheet-gis/): Explains why a BIR eCAR is required before updating the GIS in share assignments, covering capital gains tax and documentary stamp tax compliance.
- [Where and How Shareholder Disputes Are Filed and Resolved in the Philippines](https://ndvlaw.com/where-and-how-shareholder-disputes-are-filed-and-resolved-in-the-philippines/): Explains where to file boardroom disputes in the Philippines, covering derivative suits, intra-corporate cases, and close corporation deadlocks.
- [How to Legally Dissolve a Corporation in the Philippines](https://ndvlaw.com/how-to-legally-dissolve-a-corporation-in-the-philippines/): Learn corporate dissolution, BIR tax clearance, and corporate liquidation rules in the Philippines, including timelines and the three-year winding-up period.
- [How to Legally Outsource Corporate Services](https://ndvlaw.com/how-to-legally-outsource-corporate-services/): DOLE Department Order 174 explains legitimate job contracting vs labor-only contracting, helping principals avoid direct employer findings through capital and control rules.
- [How to Secure Your Corporate Brand with the IPOPHL](https://ndvlaw.com/how-to-secure-your-corporate-brand-with-the-ipophl/): Learn how IPOPHL filing under the first-to-file system helps prevent brand hijacking through early trademark registration and good-faith ownership rules.
- [How to Draft a Bulletproof Shareholder Agreement: Why Drag-Along and Pre-Emptive Rights Protect Your Startup’s Future](https://ndvlaw.com/how-to-draft-a-bulletproof-shareholder-agreement-why-drag-along-and-pre-emptive-rights-protect-your-startups-future/): Learn how drag-along rights and pre-emptive rights in a shareholder agreement protect founder control and dilution in Philippine startups.
- [How to Appoint Your Corporate Officers Legally](https://ndvlaw.com/how-to-appoint-your-corporate-officers-legally/): Corporate officer appointments in the Philippines: Corporate Secretary must be Filipino and resident; Treasurer must be resident. Learn compliant structures for foreign-owned firms.
- [Expand your Foreign Business to the Philippines: Choosing Between a Branch and a Subsidiary Based on Tax Liability](https://ndvlaw.com/expand-your-foreign-business-to-the-philippines-choosing-between-a-branch-and-a-subsidiary-based-on-tax-liability/): Compare Philippine branch vs Philippine subsidiary structures and tax liability, including RHQ/ROHQ rules and Supreme Court guidance on income-generating presence.
- [How to Ensure Your Corporation is DPA Compliant](https://ndvlaw.com/how-to-ensure-your-corporation-is-dpa-compliant/): Learn DPA compliance steps for tech-heavy firms: lawful basis, consent discipline, security controls, and NPC enforcement risk management.
- [How Corporate Officers Can Face Jail Time for Unpaid Debts](https://ndvlaw.com/how-corporate-officers-can-face-jail-time-for-unpaid-debts/): BP 22 warns corporate check signatories of criminal liability for bouncing checks, even for payroll or supplies, despite corporate separation.
- [How to Increase Your Authorized Capital Stock Faster](https://ndvlaw.com/how-to-increase-your-authorized-capital-stock-faster/): Learn the SEC MC No. 6 s. 2026 process for increase in authorized capital stock using a subscription contract instead of a special audit report.
- [How the SEC’s New ₱3 Million AFS Threshold Affects You](https://ndvlaw.com/how-the-secs-new-%e2%82%b13-million-afs-threshold-affects-you/): SEC raises audit threshold to ₱3M. Learn when audited financial statements are no longer required and how the Statement of Management’s Responsibility works.
- [Mandatory E-Invoicing in the Philippines: Why You Must Transition to the BIR Electronic Sales Reporting System by 2026](https://ndvlaw.com/mandatory-e-invoicing-in-the-philippines-why-you-must-transition-to-the-bir-electronic-sales-reporting-system-by-2026/): Prepare for mandatory electronic invoicing and the Electronic Sales Reporting System under RR No. 11-2025 before 2026 deadlines disrupt billing.
- [Bypassing Excessive LGU Taxes: Why the 2% RBE Local Tax (RBELT) Protects Your Company from Arbitrary Assessments](https://ndvlaw.com/bypassing-excessive-lgu-taxes-why-the-2-rbe-local-tax-rbelt-protects-your-company-from-arbitrary-assessments/): RBELT under the CREATE MORE Act (RA 12066) caps LGU taxes at up to 2% of gross income during ITH/EDR, improving LGU local business tax predictability.
- [How to Lower Your Corporate Tax to 20% with the CREATE MORE Enhanced Deductions Regime](https://ndvlaw.com/how-to-lower-your-corporate-tax-to-20-with-the-create-more-enhanced-deductions-regime/): Learn how RBEs can qualify for a 20% corporate income tax under the Enhanced Deductions Regime, and why it may beat tax holidays for cash flow.
- [How the CREATE MORE Act Fixes VAT Zero-Rating with the “Directly Attributable” Rule](https://ndvlaw.com/how-the-create-more-act-fixes-vat-zero-rating-with-the-directly-attributable-rule/): Explains VAT zero-rating under the CREATE MORE Act, the “directly attributable” rule, and documentation for accounting, legal, and security services.
- [Avoid Severe SEC Penalties for Your One Person Corporation: Why the 20-Day Officer Appointment Rule is Non-Negotiable](https://ndvlaw.com/avoid-severe-sec-penalties-for-your-one-person-corporation-why-the-20-day-officer-appointment-rule-is-non-negotiable/): Avoid SEC penalties for your One Person Corporation: follow SEC MC No. 10 (2026) and file the FAO within 20 days to prevent fines.
- [How to Act as Both President and Treasurer of an OPC](https://ndvlaw.com/how-to-act-as-both-president-and-treasurer-of-an-opc/): Learn OPC rules on serving as president-treasurer, SEC surety bond coverage by authorized capital stock, renewal, and compliance under Philippine law.
- [Importing Capital Equipment Duty-Free Before SEC Registration](https://ndvlaw.com/importing-capital-equipment-duty-free-before-sec-registration/): Learn duty-free importation of capital equipment using a performance bond under CREATE MORE while registration is pending, to reduce customs delays.
- [How to Minimize Withholding Taxes on Cross-Border Dividends](https://ndvlaw.com/how-to-minimize-withholding-taxes-on-cross-border-dividends/): Learn how a tax treaty relief application supports reduced dividend withholding tax under a double taxation agreement for Philippine remittances.
- [How to Legally Transfer Customer Data Across Southeast Asia](https://ndvlaw.com/how-to-legally-transfer-customer-data-across-southeast-asia/): ASEAN Model Contractual Clauses help Philippine companies standardize cross-border data transfer contracts while meeting IRR outsourcing, accountability, and lawful processing rules.
- [How to Handle the SEC’s 2026 Rules of Procedure](https://ndvlaw.com/how-to-handle-the-secs-2026-rules-of-procedure/): Learn SEC Rules of Procedure 2026, electronic service, and foreign equity limits under Roy III v. Herbosa, plus compliance steps to reduce SEC dispute risk.
- [How to Comply with the SEC’s 2026 Beneficial Ownership Disclosure Rules](https://ndvlaw.com/how-to-comply-with-the-secs-2026-beneficial-ownership-disclosure-rules/): Learn SEC 2026 beneficial ownership rules, nominee shareholder disclosure duties, and foreign equity limits to reduce penalties and AML exposure.
- [The SEC’s New 2026 AFS Threshold](https://ndvlaw.com/the-secs-new-2026-afs-threshold/): SEC raises audit threshold to ₱3M+: when startups can skip AFS audits, stay compliant, and respect foreign equity limits.
- [How to Structure Mining Investments Under RA 12253](https://ndvlaw.com/how-to-structure-mining-investments-under-ra-12253/): Explains RA 12253 and the windfall profits tax for large-scale metallic mining, with structuring notes for foreign miners and compliance implications.
- [How to Comply with the Philippine Anti-Dummy Law](https://ndvlaw.com/how-to-comply-with-the-philippine-anti-dummy-law/): Learn how the Anti-Dummy Law, nominee arrangements, and foreign equity limits can trigger criminal exposure and how to structure compliance in the Philippines.
- [How to Choose Between a Foreign Branch and a Representative Office in the Philippines](https://ndvlaw.com/how-to-choose-between-a-foreign-branch-and-a-representative-office-in-the-philippines/): Foreign branch office vs representative office in the Philippines: compare liability, funding, and tax treatment to match your revenue model and SEC registration.
- [How to Claim Corporate Tax Deductions Under the EBET Act](https://ndvlaw.com/how-to-claim-corporate-tax-deductions-under-the-ebet-act/): Learn how to claim EBET Act training expense deduction under RR No. 13-2025, with caps, TESDA certification, and 2026 BIR guidance on upskilling.
- [How to File a Derivative Suit in the Philippines](https://ndvlaw.com/how-to-file-a-derivative-suit-in-the-philippines/): Learn how to file a derivative suit in the Philippines, including minority shareholders’ rights, demand rules, and intra-corporate controversy requirements.
- [Why Courts Pierce the Corporate Veil in Philippine Labor Disputes](https://ndvlaw.com/why-courts-pierce-the-corporate-veil-in-philippine-labor-disputes/): Explains piercing the corporate veil, labor execution risks, and parent-subsidiary liability controls in Philippine labor disputes.
- [How to Register a Master Franchise Agreement with the IPOPHL](https://ndvlaw.com/how-to-register-a-master-franchise-agreement-with-the-ipophl/): Learn IPOPHL trademark license recordal for MFAs and how restraint of trade clause limits under Philippine law affect exclusivity and non-competes.
- [How Foreign Contractors Can Win Local Infrastructure Projects](https://ndvlaw.com/how-foreign-contractors-can-win-local-infrastructure-projects/): PPP Code rules for foreign contractors in Philippine infrastructure: eligibility, nationality limits, consortiums, and why RA 11966 supports investor certainty.
- [How to Prepare a BIR-Compliant Transfer Pricing Document](https://ndvlaw.com/how-to-prepare-a-bir-compliant-transfer-pricing-document/): Transfer pricing documentation in the Philippines: how to support related party transactions, meet BIR audit expectations, and justify arm’s length pricing.
- [How to Enforce a Foreign Court Ruling in the Philippines](https://ndvlaw.com/how-to-enforce-a-foreign-court-ruling-in-the-philippines/): Enforce a foreign judgment in the Philippines through recognition and enforcement proceedings, with limited defenses for jurisdiction and notice in cross-border debt collection.
- [How to Draft an Ironclad Joint Venture Agreement](https://ndvlaw.com/how-to-draft-an-ironclad-joint-venture-agreement/): Draft a joint venture agreement with strong intellectual property protection, clear ownership and licenses, and an arbitration clause suited to PH law.
- [How to Meet the SEC’s 2026 Sustainability Reporting Standards:](https://ndvlaw.com/how-to-meet-the-secs-2026-sustainability-reporting-standards/): SEC sustainability reporting in 2026: ESG compliance duties for large Philippine corporations, governance controls, disclosures, and risk management.
- [How to Register a One Person Corporation as a Foreigner](https://ndvlaw.com/how-to-register-a-one-person-corporation-as-a-foreigner/): Register a One Person Corporation (OPC) in the Philippines as a foreigner: SEC requirements, foreign ownership limits, and steps for fast incorporation.
- [How to Conduct Legal Due Diligence for a Philippine Acquisition:](https://ndvlaw.com/how-to-conduct-legal-due-diligence-for-a-philippine-acquisition/): Legal due diligence for a Philippine acquisition: detect labor and tax liabilities, manage PCC risk, and use reps, indemnities, and escrows.
- [How to Legally Close a Corporation in the Philippines](https://ndvlaw.com/how-to-legally-close-a-corporation-in-the-philippines/): Guide to corporate dissolution in the Philippines: SEC certificate of dissolution and BIR tax clearance steps, timelines, notices, and liquidation rules.
- [How to Legally Repatriate Profits from a Philippine Subsidiary](https://ndvlaw.com/how-to-legally-repatriate-profits-from-a-philippine-subsidiary/): How to Legally Repatriate Profits from a Philippine Subsidiary and how BSP registration enables compliant foreign investment dividend remittance and profit repatriation through regulated banking channels.
- [How to Hire Philippine Tech Talent Legally: Why Choosing Between an EOR and a Local Subsidiary Impacts Your Global Liability](https://ndvlaw.com/how-to-hire-philippine-tech-talent-legally-why-choosing-between-an-eor-and-a-local-subsidiary-impacts-your-global-liability/): Learn how Philippine labor law treats EOR vs subsidiary hiring, the control test, and compliance steps to reduce employer-employee relationship liability.
- [How Foreigners Can Own 100% of Philippine Telecom and Transport Firms](https://ndvlaw.com/how-foreigners-can-own-100-of-philippine-telecom-and-transport-firms/): Revised Public Service Act enables foreign ownership in telecommunications and transport; learn the rules, limits, and compliance steps for investors.
- [How to Align Philippine Operations with the GDPR](https://ndvlaw.com/how-to-align-philippine-operations-with-the-gdpr/): Align GDPR and the Data Privacy Act: audit WordPress database autoloads and consent modal notices to meet transparency and lawful basis rules.
- [How to Establish an ROHQ in Metro Manila](https://ndvlaw.com/how-to-establish-an-rohq-in-metro-manila/): Establish an ROHQ in Metro Manila under RA 8756 (1999): licensing, qualifying services, limits, and tax posture under CIR v. Shinko (2021).
- [How to Open a Foreign-Owned Retail Business in the Philippines](https://ndvlaw.com/how-to-open-a-foreign-owned-retail-business-in-the-philippines/): Guide to foreign-owned retail Philippines: Retail Trade Liberalization Act rules, paid-up capital, store investment, SEC/DTI and BSP proof.
- [VAT on Digital Services (RA 12023)](https://ndvlaw.com/vat-on-digital-services-ra-12023/): Explainer on RA 12023 VAT on digital services: NRDSP registration, invoicing, remittance, and reverse charge VAT for Philippine consumers and businesses.
- [How to Navigate the 2026 Foreign Investment Negative List: Why Structuring Your Philippine Subsidiary Correctly is Crucial](https://ndvlaw.com/how-to-navigate-the-2026-foreign-investment-negative-list-why-structuring-your-philippine-subsidiary-correctly-is-crucial/): Discover the changes in the 2026 13th RFINL. Learn how new Philippine laws impact foreign ownership in renewable energy, retail, and public services.
- [How Foreign Investors Can Secure a 99-Year Land Lease in the Philippines](https://ndvlaw.com/how-foreign-investors-can-secure-a-99-year-land-lease-in-the-philippines/): Learn how foreign investors can secure a 99-year land lease under Republic Act 12252 for industrial projects, plus registration and compliance rules.
- [How to Handle Defamation in a Private Group Chat](https://ndvlaw.com/how-to-handle-defamation-in-a-private-group-chat/): Private group chat defamation in the Philippines: when cyber libel applies, how screenshots are authenticated, and what to do within prescriptive periods.
- [How to Protect Your Identity from AI Deepfakes under the Cybercrime Prevention Act](https://ndvlaw.com/how-to-protect-your-identity-from-ai-deepfakes-under-the-cybercrime-prevention-act/): Learn how RA 10175 addresses AI deepfakes, cyber fraud, and computer-related identity theft in the Philippines, plus evidence preservation and warrants.
- [Protecting Your Child Under the Anti-Bullying Act: Why Schools Can Be Held Liable for Failing to Act](https://ndvlaw.com/protecting-your-child-under-the-anti-bullying-act-why-schools-can-be-held-liable-for-failing-to-act/): Learn how RA 10627 protects students, what schools must do, and when school liability arises for cyberbullying and failure to act.
- [Drafting an Enforceable NDA for Your Startup](https://ndvlaw.com/drafting-an-enforceable-nda-for-your-startup/): Draft a Philippine NDA for source code with clear non-disclosure agreement terms, trade secrets safeguards, and enforceable non-use limits.
- [How to Legally Return Defective Goods Bought Online](https://ndvlaw.com/how-to-legally-return-defective-goods-bought-online/): Learn online consumer remedies in the Philippines: defective goods refund or replacement under the Consumer Act Philippines and Internet Transactions Act.
- [How to Divide Property When a Live-In Relationship Ends](https://ndvlaw.com/how-to-divide-property-when-a-live-in-relationship-ends/): Learn how Article 147 and Article 148 apply co-ownership rules to divide property after a live-in relationship ends in the Philippines.
- [How a Foreigner Can Start a Business in the Philippines: Why the Retail Trade Liberalization Act Opens New Doors for Expats](https://ndvlaw.com/how-a-foreigner-can-start-a-business-in-the-philippines-why-the-retail-trade-liberalization-act-opens-new-doors-for-expats/): Learn how foreigners and expats can open retail businesses under the Retail Trade Liberalization Act: foreign retailer paid-up capital