Legal Updates

Trademark vs. Trade Name: Legal Distinctions Under Philippine Law

Under Philippine law, a trademark and a trade name are distinct legal concepts governed by different rules and registration systems. The Intellectual Property Code (Republic Act No. 8293) defines a “mark” in Section 121.1 as any visible sign capable of distinguishing the goods or services of an enterprise. This definition covers trademarks for goods and …

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Acquittal Does Not Extinguish Tax Liability: Supreme Court Reaffirms Independence of Criminal and Civil Tax Enforcement

Legal Updates, TAXATION / By Admin GVES

In a recent ruling in People v. E&D Parts Supply, Inc. and Margaret L. Uy, GR No. 259284, January 24, 2024 (published on January 24, 2025), a Supreme Court decision reiterating long-standing doctrine on the effect of acquittal in tax cases), the Supreme Court reaffirmed a fundamental rule in Philippine tax law: the acquittal of an accused …

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Supreme Court Clarifies VAT Zero-Rating Under the CREATE Act: Domestic Market Enterprises Are Entitled to Incentives

TAXATION, Legal Updates / By Admin GVES

In a landmark decision in The Subic Bay Freeport Chamber of Commerce, Inc. and Benjamin E. Antonio III v. Department of Finance, et al. (G.R. No. 266016, 4 February 2025), the Supreme Court struck down portions of the CREATE Act’s implementing rules and revenue issuances that attempted to limit VAT zero-rating exclusively to export enterprises. The Court …

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A Turning Point in Foreclosure Law: How UCPB v. Ang Rewrites the Rules on Banking Power

Legal Updates / By Admin GVES

In a previous decision made by the Supreme Court in UCPB v. Ang G.R. No. 222448(2021) the court ruled that a foreclosure proceeding due to non-payment of the loan may be held valid even if it is proved that the interest rates imposed by the lender were improper and unlawful. The court rationed that regardless …

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The Digital Turn: How the E-Governance Act Transforms PH Government

Announcements, Legal Updates, Technology / By Admin GVES

On September 5, 2025, President Marcos Jr. signed Republic Act No. 12254, also known as the E-Governance Act, formalizing the Philippine government’s shift to digital governance. In order to improve the overall delivery of public services through information and communications technology (ICT), decrease bureaucratic delays, foster transparency, and safeguard data privacy, the measure aims to …

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SC Upholds Arbitration Framework: CIAC Jurisdiction Limited to True Construction Disputes

Corporate, Legal Updates / By Admin GVES

In 2025, the Philippine Supreme Court reaffirmed the importance of respecting arbitration agreements while also clarifying the limits of CIAC’s jurisdiction. While the CIAC’s authority is statutory under Executive Order No. 1008, the Court emphasized that it remains confined to disputes arising from construction contracts, broadly construed but not beyond their intended scope. In Fleet Marine …

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Anti-Financial Account Scamming Act in Action: BSP Circular No. 1214 Puts Scammers on Notice and Banks on the Clock

Finance, Legal Updates / By Admin GVES

On 20 July 2024, the Anti-Financial Account Scamming Act (“AFASA”) was passed to promote awareness and to protect the public from cybercriminals and criminal syndicates who target Financial Accounts or lure Account Owners into becoming accessories or perpetrators of fraudulent activities. Some of the key provisions of the AFASA are Sections 12, 13, and 14 …

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By The Book: Supreme Court Rules That Mere Inclusion In The Corporate GIS Does Not Make One A Stockholder

Compliance, Corporate, Legal Updates / By Admin GVES

Corporations have been a staple in growing economies owing to various reasons including limited liability and greater access to capital as compared to other business vehicles. With such a significant role in business and the economy, corporations are vested with the need to maintain accurate and organized internal records. In the Philippines, every corporation is …

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BUSINESS ALERT: SEC MEMORANDUM CIRCULAR NO. 09 – STREAMLINING THE 45-DAY REVIEW PROCESS OF REGISTRATION STATEMENT APPLICATIONS UNDER THE MSRD

Uncategorized, Compliance, Corporate, Legal Updates / By Admin GVES

On 24 July 2025, to further boost its commitment to ease of doing business in the country, the Securities and Exchange Commission issued a SEC Memorandum Circular No. 09 series of 2025. The SEC MC No. 09 provides guidelines to further streamlining the 45-day registration statement review process under the Markets and Securities Regulation Department …

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Understanding the Capital Markets Efficiency Promotion Act (CMEPA): An Overview of Investment Tax Reforms and Vetoed Items

TAXATION, Compliance, Corporate, Finance, Legal Updates / By Admin GVES

CMEPA at a Glance Area Before CMEPA After CMEPA Stock Transaction Tax (STT) 0.6% on sale of listed shares 0.1% flat rate on sale of listed shares Capital Gains Tax 15% on unlisted domestic shares only; foreign shares taxed up to 35% 15% flat rate on both unlisted domestic and foreign shares Interest Income Subject …

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