Arrojado Manzanares Castillo Associates

6750 Ayala Avenue Office Tower, Makati City 1226, Metro Manila, Philippines
Phone (632) 8755 7637 Fax (632) 8755 6555 E-mail amc@law.net.ph

Department EmailAttention
Litigation litigation@amc.law.net.phCOS-LBP
Corporate corporate@amc.law.net.phCTO-PQC
IPDPipdp@amc.law.net.phCOS-LBP

Litigation and Corporate Division

Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable x x x (Art. III, Bill of Rights, 1987 Constitution)

For more information, write to ✉ litigation@amc.law.net.ph

Criminal Litigation

[T]he prosecution had to x x x establish the elements of rape by sexual intercourse under par. 1, Article 266-A of the RPC, to wit: (1) the offender is a man; (2) the offender had carnal knowledge of a woman; (3) such act was accomplished by using force, threat or intimidation. “In rape cases alleged to have been committed by force, threat or intimidation, it is imperative for the prosecution to establish that the element of voluntariness on the part of the victim be absolutely lacking. The prosecution must prove that force or intimidation was actually employed x x x x” (People v. Tionloc, G.R. No. 212193, February 15, 2017)

For inquiries, write to ✉ litigation@amc.law.net.ph

Corporate Rehabilitation

(ii) Rehabilitation Plan shall refer to a plan by which the financial well-being and viability of an insolvent debtor can be restored using various means including, but not limited to, debt forgiveness, debt rescheduling, reorganization or quasi-reorganization, dacion en pago, debt-equity conversion and sale of the business (or parts of it) as a going concern, or setting-up of new business entity as prescribed in Section 62 hereof, or other similar arrangements as may be approved by the court or creditors. (Sec. 4, Rep. Act No. 10142)

For inquiries, write to ✉ fria@amc.law.net.ph

Civil and Special Proceedings

A demurrer to evidence is defined as “an objection by one of the parties in an action, to the effect that the evidence which his adversary produced is insufficient in point of law, whether true or not, to make out a case or sustain the issue.” We have also held that a demurrer to evidence “authorizes a judgment on the merits of the case without the defendant having to submit evidence on his part, as he would ordinarily have to do, if plaintiff’s evidence shows that he is not entitled to the relief sought.” (People v. Go, et al., G.R. No. 191015, August 06, 2014)

For inquiries, write to ✉ litigation@amc.law.net.ph

Taxation and Customs

Tax exemptions are never presumed and are strictly construed against the taxpayer and liberally in favor of the taxing authority. x x x The surrender of the power to tax, when claimed, must be clearly shown by a language that will admit of no reasonable construction consistent with the reservation of the power. If the intention of the legislature is open to doubt, then the intention of the legislature must be resolved in favor of the State. (Smart Communications, Inc. v. The City of Davao, etc., et al., G.R. No. 155491, September 16, 2008)

For inquiries, write to ✉ taxation@amc.law.net.ph

Co-operatives & Commercial Practice

The situation [Cooperative Rural Bank of Davao City, Inc. v. Ferrer-Calleja, G.R. No. L-77951, 26 September 1988, 165 SCRA 725, 732-733] is very much different from the present case [SSS v. Asiapro Cooperative]. The declaration made by the Court in the aforesaid case was made in the context of whether an employee who is also an owner-member of a cooperative can exercise the right to bargain collectively with the employer who is the cooperative wherein he is an owner-member. Obviously, an owner-member cannot bargain collectively with the cooperative of which he is also the owner because an owner cannot bargain with himself. In the instant case, there is no issue regarding an owner-member’s right to bargain collectively with the cooperative. The question involved here is whether an employer-employee relationship can exist between the cooperative and an owner-member. In fact, a closer look at Cooperative Rural Bank of Davao City, Inc. will show that it actually recognized that an owner-member of a cooperative can be its own employee. (Social Security System v. Asiapro Cooperative, G.R. No. 172101, November 23, 2007)

For more information, write to ✉ cooperatives@amc.law.net.ph

Similarly, the insurable interest of every member of petitioner's health care program in obtaining the health care agreement is his own health. Under the agreement, petitioner is bound to indemnify any member who incurs hospital, medical or any other expense arising from sickness, injury or other stipulated contingency to the extent agreed upon under the contract. Petitioner's contention that it is a health maintenance organization and not an insurance company is irrelevant. Contracts between companies like petitioner and the beneficiaries under their plans are treated as insurance contracts. Moreover, DST is not a tax on the business transacted but an excise on the privilege, opportunity, or facility offered at exchanges for the transaction of the business. It is an excise on the facilities used in the transaction of the business, separate and apart from the business itself. (Philippine Health Care Providers, Inc. v. Commissioner of Internal Revenue, G.R. No. 167330, June 12, 2008)

For more information, write to ✉ insurance@amc.law.net.ph

Intellectual Property & Data Privacy

Sec.185.1. The fair use of a copyrighted work for criticism, comment, news reporting, teaching including limited number of copies for classroom use, scholarship, research, and similar purposes is not an infringement of copyright. Decompilation, which is understood here to be the reproduction of the code and translation of the forms of a computer program to achieve the interoperability of an independently created computer program with other programs may also constitute fair use under the criteria established by this section, to the extent that such decompilation is done for the purpose of obtaining the information necessary to achieve such interoperability x x x (Fair Use of a Copyrighted Work, Rep. Act No. 8293, as amended by Rep. Act No. 10372)

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Section 13. Sensitive Personal Information and Privileged Information. – The processing of sensitive personal information and privileged information shall be prohibited, except in the following cases: (a) The data subject has given his or her consent, specific to the purpose prior to the processing, or in the case of privileged information, all parties to the exchange have given their consent prior to processing; x x x x (d) The processing is necessary to achieve the lawful and noncommercial objectives of public organizations and their associations: Provided, That such processing is only confined and related to the bona fide members of these organizations or their associations: Provided, further, That the sensitive personal information are not transferred to third parties: Provided, finally, That consent of the data subject was obtained prior to processing; x x x x (Chapter III, Processing of Personal Information, Rep. Act No. 10173)

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