Privacy Law

The Revised Corporation Code and Its Impact on Business Operations - Key reforms like perpetual existence and removal of minimum capital requirements

On 20 February 2019, the government passed Republic Act No. 11232, effectively revising the Corporation Code of the Philippines.
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Subdivision and Condominium Buyers’ Protective Decree - Regulations for real estate developments

Presidential Decree No. 957 or the Subdivision and Condominium Buyers’ Protective Decree was implemented in order to protect subdivision and condominium buyers from developers, operators, and even sellers from reneging on their representations or obligations towards them.
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Due Diligence for PH Corporations: Real Property Acquisitions

Conducting due diligence is an essential step in ensuring the legitimacy, compliance, and financial soundness of real property acquisitions in the Philippines. This process protects investors from legal pitfalls, fraud, and regulatory violations.
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Is an Offer of Compromise an Admission of Liability?

Traffic accidents are not uncommon in Cebu City. The economic boom has made ownership of cars easier, and the city’s roads are unable to cope with the large volume of vehicles. The increase in car ownership, coupled with a challenging public transportation system, has led to an increase in vehicle ownership and, in turn, traffic congestion.
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Can I be imprisoned for ignoring to pay my credit card bill?

You might have heard of someone who received a text message, supposedly from a fiscal (prosecutor) or a clerk of court, informing them that a criminal case or cases have been filed against them for failing to repay their debt. The text message provides that they will be served a warrant of arrest if they will not settle their debt within a specified period of time.
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Receiving Court Summons through Text

What is a summons? Are summons from a Court received through text messages allowed?
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Can I ask people to invest in my business in Cebu?

Cebu is experiencing a remarkable economic boom which makes it increasingly favorable for new business enterprises. However, one roadblock is raising enough capital to kickstart a business.
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Can police officers in the Philippines make an arrest without showing a warrant?

Must police officers show a warrant of arrest during the time of arrest? Is the arresting officer in violation of Philippine laws if an arrest warrant is not presented during an arrest?
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Guide to Administrative Adoption in the Philippines

Adoption in the Philippines is a legal process governed by the Domestic Administrative Adoption and Alternative Child Care Act, aimed at providing permanent families for children whose biological parents are unable to care for them. The process involves strict eligibility requirements regarding who can adopt and who can be adopted.
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What is a Quitclaim?

What is a quitclaim? Why am I being asked to sign it? Is it safe to sign one?
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Briefer: Independent Contractor vs. Regular Employee

In the current labor market in the Philippines, there has been an emergence of independent contractors. Thus, it is important to distinguish between an independent contractor and a regular employee.
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Can a Foreign Adoption Decree be recognized in the Philippines?

A foreign adoption decree may be recognized in the Philippines by filing a Petition for Judicial Recognition of Foreign Adoption Decree before the Regional Trial Court (“RTC”) having jurisdiction over the Local Civil Registry Office (“LCRO”) where the Philippine birth certificate of the adopted child is registered.
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Filipino-American: Acquiring Dual Citizenship

Step-by-step guide on recognizing or acquiring dual citizenship for Filipino Americans.
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Trade Names vs. Trademarks

A trade name is essential for business operations, but a trademark is crucial for protecting brand identity and preventing unauthorized use
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Change of Name Due to Spelling Error

Republic Act No. 9048, as amended by Republic Act No. 19172 provides that no entry in a civil register shall be changed or corrected without a judicial order, except for clerical or typographical errors.
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Inquiry: Am I entitled to Maternity Leave?

All female workers in the private and public sectors, in the informal economy, who voluntarily contribute to the Social Security System, and national athletes are entitled to a one hundred five (105) days maternity leave with full pay in case of childbirth, or sixty (60) days with full pay in cases of miscarriage or emergency termination of pregnancy.
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Purchase of Land by Former Filipino Citizens Returning to Cebu, Philippines

Pursuant to Section 2 of Batas Pambansa Blg. 185, any natural-born citizen of the Philippines who has lost his Philippine citizenship and who has the legal capacity to enter into a contract under Philippine laws may be a transferee of a private land to be used by them as their residence subject to limitations.
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Inquiry: Can a family member file a VAWC case on behalf of a victim?

A family member can file a case on behalf of a victim of violence against women and children.
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License to Sell

A real estate developer must obtain a license to sell or “LTS” before selling, disposing, or attempting to dispose of, for a valuable consideration a subdivision lot.
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What Needs to be Done When Your Copy of Land Title is Lost or Destroyed?

Section 109 of Presidential Decree No. 1529, or the Property Registration Decree, is the law applicable in petitions for issuance of new owner's duplicate certificates of title which are lost or stolen or destroyed.
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Am I required to personally appear before a Notary Public?

The 2004 Notarial Rules require the physical or personal presence of the person/s who executed a document before the document can be notarized.
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Free Patent to Residential Lands (Republic Act No. 10023)

The applicant for a free patent recognizes that the land applied for belongs to the government. A patent, by its very definition, is a governmental grant of a right, a privilege, or authority.
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Do I need to attach a loose documentary stamp to my notarized documents?

DST stands for “Documentary Stamp Tax” which is a tax on documents, instruments, loan agreements and papers evidencing the acceptance, assignment, sale, or transfer of an obligation, right or property incident thereto. These physical documentary stamps are called “loose documentary stamps.”
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Revenue Memorandum Circular No. 92-2024

The Bureau of Internal Revenue (“BIR”) issued Revenue Memorandum Circular (“RMC”) No. 92-2024 prescribing the guidelines on the proper sale and affixture of loose documentary stamps to taxable documents.
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Implied Trust Series: Do you have a property in Cebu you paid for but is registered in someone else’s name?

Implied trusts are legal mechanisms that come into being by operation of law to ensure fairness by recognizing the true ownership of a property, even if the title is held by someone else.
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Recognition of Foreign Divorce Decree in the Philippines

Based on the Family Code of the Philippines, Filipinos are bound by laws relating to marriage, even if they are residing abroad. As a result, Filipinos cannot automatically dissolve their marriages in the Philippines through divorce obtained abroad.
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Should I Register a Sole Proprietorship or a One Person Corporation?

Sole Proprietorship vs. One Person Corporation: how are they different and what should you do for your business? You may be considering starting a business on your own in Cebu without business partners. The choice of business structure is crucial to protect your interests.
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Family Mediation Rule in the Philippines

The Supreme Court of the Philippines, in the exercise of its rule-making power, promulgated and approved A.M No. 24-02-06-SC, otherwise known as the “Rule on Family Mediation” (“Rule”) in a resolution dated 05 November 2024.
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How to File a Small Claims Case in Cebu if Someone Owes You Money

Have you lent someone money? Is he unable or unwilling to pay you back despite repeated demands and even after you tried to settle it amicably before the lupon of the barangay? Then you may want to file a small claims case against that person before the court to collect the money that they owe you.
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What is the Writ of Habeas Data?

The Writ of Habeas Data is a remedy available to any person whose right to privacy in life, liberty, or security is violated or threatened by an unlawful act of a public official or employee or of a private individual engaged in the gathering, collecting, or storing data or information regarding the person, family, home, and correspondence of the aggrieved party.
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How to Remove Name from Blacklist Order of the Bureau of Immigration (BI)

Being blacklisted by the Bureau of Immigration (BI) means that a foreigner will not be allowed entry into the Philippines. This could be for a variety of reasons.
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Are verbal agreements valid and binding in the Philippines?

Under Philippine law, contracts or agreements are generally valid and binding, regardless of their form, whether written or verbal.
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Disease as an Authorized Cause for Termination of Employment

Article 299 of the Labor Code of the Philippines, as amended, provides that an employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees.
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How to File an Adverse Claim

In the Philippines. an adverse claim refers to a legal assertion of interest over a real property that conflicts with the rights of the registered owner.
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Think before you click: Will posting screenshots of another person’s messages be a criminal offense?

Posting screenshots of a conversation or messages of another person, without his or her consent, may be considered a criminal offense under Philippine laws, specifically, the DData Privacy Act of 2012 (“DPA”) and Cybercrime Prevention Act of 2012.
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Understanding Retrenchment as an Authorized Cause for Termination of Employment

Authorized causes are legitimate reasons that allow employers to terminate an employee's contract without attributing fault to the employee. These causes provide a legal framework for dismissal, ensuring that the process is fair and justified.
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What to Look for in Lease Agreements

Renting a property in Cebu City involves signing a lease contract or a rental agreement, which is crucial for protecting both tenants and landlords.
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Briefer: Independent Contractors

Independent contractors, often referred to as freelancers, are governed by a distinct legal framework compared to traditional employees.
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Understanding Redundancy as an Authorized Cause for Termination of Employment

Authorized causes refer to legitimate grounds for terminating an employee's contract without it being attributed to their fault.
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NBI Clearance in the Philippines: Significance and Challenges Explained

A National Bureau of Investigation (“NBI”) Clearance is a crucial document in the Philippines. Not only does it serve as a pre-requisite in employment, visa application, and even in securing business permits, but it also certifies that the individual does not have any pending criminal case/s filed with the NBI or a warrant at the time of issuance.
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Basic Due Diligence Before Buying Real Property in Cebu, Philippines

Before buying real property in Cebu, it is crucial to conduct basic due diligence on the property you wish to buy.
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Donating Property in Cebu

You might be interested in donating your land in Cebu to a family member or relative or friend out of your love for them or as part of your estate planning. You may also be interested to donate it to a government agency or unit in Cebu purely out of benevolence or to avail of tax deductions for charitable contributions.
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Should I register my company logo as a copyright or a trademark?

We often encounter the terms copyright and trademark in business parlance; but how do these two legal terms relate to protecting one’s company logo?
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How to Transfer a Parcel of Land in Cebu via Sale

Cebu City has become a prime location for real estate investment in the Philippines. You might be interested in buying or selling a parcel of land in Cebu.
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Just Causes for Dismissal of Employees

Whether you own/manage a business in Cebu or an employee, it is best to be familiar with the termination of employment specific just causes for dismissal.
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Trademark Registration for Businesses

As a business owner, it is highly recommended that your business name, brand name, or names that are used on your services or goods be protected by applying for a trademark registration.
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Setting up a Corporation in Cebu City, Philippines

Cebu is experiencing a remarkable economic boom making it a premier destination for business and investment in the Philippines. This makes it increasingly favorable for new business ventures.
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Advantages and Disadvantages of Sending a Demand Letter

In the Philippines, it is common for aggrieved parties to send a demand letter to another party prior to filing a formal legal complaint before the courts.
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Extrajudicial Settlement of Estate in Cebu, Philippines

The process of executing a Deed of Extrajudicial Settlement of Estate (“Deed”) can be particularly challenging, especially following the loss of a loved one.
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Complex Due Diligence of Real Properties in Cebu, Philippines

Before purchasing property in Cebu, conducting thorough due diligence is crucial to identify potential risks such as double titling or non-registration.
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Navigating Your Legal Journey with Padin Law

Life is full of unexpected twists and turns, and when legal challenges arise, having the right support can make all the difference. At Padin Law, we are dedicated to guiding our clients through their legal journeys with expertise, empathy, and a commitment to justice.
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