Notable Regulations Issued July 2011

Here are some notable regulations issued July 2011:

1.   Office of the President Memorandum Order No. 20 (July 5, 2011) – Approving the 2011 Investment Priorities Plan;

2.   Office of the President Administrative Order No. 17 (July 28, 2011) – Directing the Use of Procurement Service and the Philippine Government Electronic Procurement System in Procurement Activities in Accordance with Republic Act No. 9184, and Improving the Operation of the Procurement Service;

3.   BIR Revenue Regulations No. 10-2011 (July 1, 2011) – Amending Certain Provisions of Regulations No. 16-2005, Otherwise Known as the Consolidated Value-Added Tax Regulations of 2005;

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Family Code of the Philippines: An Overview

On July 6, 1987, President Corazon C. Aquino issued Executive Order No. 209, otherwise known as the Family Code of the Philippines. The Family Code became effective on August 3, 1988 and repealed certain provisions of the Civil Code.

The Family Code is the basic law on persons and family relations and governs, among others, the following:

(1) marriage;

(2) legal separation;

(3) property relations between husband and wife;

(4) paternity and filiation;

(5) support; and

(6) parental authority.

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Mandatory immunization for children

There is now mandatory immunization for children 5 years old and below.   Under Republic Act No. 10152, which was approved by the President on 21 June 2011, the mandatory basic immunization will cover the following vaccine-preventable diseases:

1.     tuberculosis;

2.    diphtheria, tetanus, and pertussis;

3.    poliomyelitis;

4.   measles;

5.   mumps;

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Labor only contracting

Labor only contracting is prohibited by law.  If a company hires a labor only contractor, the company will be considered the employer of the employees of the contractor.

When is there labor-only contracting?  Article 106 of the Labor Code of the Philippines defines “labor-only” contracting as follows:

There is “labor-only” contracting where the person supplying workers to an employer does not have substantial capital or investment in the form of tools, equipment, machineries, work premises, among others, and the workers recruited and placed by such person are performing activities which are directly related to the principal business of such employer. In such cases, the person or intermediary shall be considered merely as an agent of the employer who shall be responsible to the workers in the same manner and extent as if the latter were directly employed by him.

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Notable Regulations Issued June 2011

Here are some notable regulations issued June 2011:

1.     Revenue Regulations No. 02-11 – Amendment to Revenue Regulations No. 3-2011 Providing for the Policies, Guidelines and Procedures on the Application for Change in Accounting Period Under Section 46 of the National Internal Revenue Code;

2.     SEC Memorandum Circular No. 04-2011 – Amendment of SRC Rule 9.2(2)(D);

3.     Executive Order No. 44  – Amending Executive Order No. 571 (s.2006) Renaming the Public-Private Sector Task Force on Philippine Competitiveness Council (NCC) and Expanding Its Membership; and

4.     Executive Order No. 45 – Designating the Department of Justice as the Competition Authority.

Court of Tax Appeals Act: An Overview

Republic Act No. 1125 (1954) is the law that created the Court of Tax Appeals (CTA). Originally, the CTA has one division composed of a Presiding Judge and two Associate Judges. Pursuant to Republic Act No. 9282 (2004), the CTA’s membership was expanded from one division to two divisions of six Justices, composed of a Presiding Justice and five Associate Justices, all of whom were given the same rank as that of the Presiding Justice and the Associates Justices, respectively, of the Court of Appeals. Republic Act No. 9282 also expanded the jurisdiction of the CTA to include, among others, jurisdiction over criminal cases.

Republic Act No. 9503 (2007) further increased the CTA’s membership to three divisions, composed of a Presiding Justice and eight Associate Justices.

Under the law, the CTA shall exercise:

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Nightwork prohibition for women

Did you know that women were generally prohibited from working at night?  Under the Labor Code:

Art. 130. Nightwork Prohibition. — No woman, regardless of age, shall be employed or permitted or suffered to work, with or without compensation:

(a) In any industrial undertaking or branch thereof between ten o’clock at night and six o’clock in the morning of the following day; or

(b) In any commercial or non-industrial undertaking or branch thereof, other than agricultural, between midnight and six o’clock in the morning of the following day; or

(c) In any agricultural undertaking at nighttime unless she is given a period of rest of not less than nine (9) consecutive hours.

Through Republic Act No. 10151 (approved by the President on 21 June 2011), Congress removed the general prohibition against employment of women for nightwork by repealing Article 130 of the Labor Code. In lieu of Article 130, RA 10151 inserted provisions into the Labor Code relating to the employment of nighttime workers.  It provides, among others, for:  (a) the implementation of health assessment of nighttime workers;  (b) the provision of mandatory facilities for night work; (c) rules for transfer of nighttime workers; (d) special measures for the protection of women nighttime workers; (e) rules on compensation and special services for nighttime workers.

Live broadcasting of Maguindanao massacre trial

Departing from precedents, the Supreme Court has allowed the live broadcasting of the Maguindanao massacre trial subject to the following guidelines:

(a) An audio-visual recording of the Maguindanao massacre cases may be made both for documentary purposes and for transmittal to live radio and television broadcasting.

(b) Media entities must file with the trial court a letter of application, manifesting that they intend to broadcast the audio-visual recording of the proceedings and that they have the necessary technological equipment and technical plan to  carry out the same, with an undertaking that they will faithfully comply with the guidelines and regulations and cover the entire remaining proceedings until promulgation of judgment.

No selective or partial coverage shall be allowed.  No media entity shall be allowed to broadcast the proceedings without an application duly approved by the trial court.

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Notable Regulations Issued May 2011

Some notable regulations issued during the month of May 2011:

1.     ERC Resolution No. 09 – A Resolution Adopting the Rules Requiring Generation Companies and Distribution Utilities Which are Not Publicly Listed to Offer and Sell to the Public a Portion of Not Less than Fifteen Percent (15%) of their Common Shares of Stock Pursuant to Section 43(t) of Republic Act No. 9136 and Rule 3, Section 4(m) of its Implementing Rules and Regulations (IRR);

2.     DENR Administrative Order No. 2011-06 – Prescribing the Guidelines for the Implementation of Public Land Titling in Partnership with Local Government Units;

3.      SEC Memorandum Circular No. 3 – Guidelines on the Implementation of PFRS 9 (Financial Instruments: Recognition and Measurement); and

4.     COMELEC Resolution No. 9220 – Guidelines for Registration of Persons with Disabilities (PWDs).

Omnibus Election Code: An Overview

Batas Pambansa Blg. 881, otherwise known as the Omnibus Election Code of the Philippines, is the basic law governing the conduct of an election. Among others, it covers the following:

(a) the election of national and local officials;

(b) the powers and functions of the Commission on Elections (COMELEC), which is the government agency tasked with the implementation of the Code and other election laws;

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