Let’s face it, our lives are indelibly regulated by the numerous contracts that we enter into. And no, I’m not just talking about the document that we commonly know as a “contract”. But in view of the current pandemic and the containment measures that government has imposed and that we are all experiencing, we keep on hearing about rent payment holidays, deferred payments of obligations, and the like. Basically, what these all means is to allow people not to comply with their contractual obligations. Question is, could that be done? To answer this question, there is a need to determine...

By: Atty. Robert Leo C. Ty So after a hearty meal of grilled meat, luscious kimchi, and melted cheese, you decide to open your own unlimited samgyupsal restaurant. You talk with the franchise owner and both of you agree to all the terms and conditions. The next day, a franchise agreement is delivered to your door and you are about to put your signature on the dotted line. STOP! Your franchise agreement may be considered a technology transfer agreement under the Intellectual Property Code of the Philippines (“IPC”) and subject to certain restrictions. A Technology Transfer Agreement is defined as...

By: Atty. Wivino E. Bracero II | The internet is replete with reports of vehicular accidents. Unfortunately, not a few of these reports involve people losing their lives. Interestingly, a lot of people are reacting on reports where the driver who’s seemingly innocent – be it because the car he’s driving is parked on the side of the road or where the other driver is intoxicated, among others – are arrested and held by the police. A lot of people cry about injustice. Brings us to the question, whose fault is it anyway? Video of a road incident in Makati...

By: Atty. Wivino E. Bracero II | Planning to work overseas? Do not “skip the line” or else you might fall on your face. Everybody wants a quick fix. I mean, who doesn’t want a fast way of doing things? Many of us looks at requirements, processes, and procedures with contempt; thinking them as only delaying something that we want to do or achieve. That’s why, we find ways and means to “skip the lines” so to speak. And a lot of shady people are ready and willing to cash in on this. Nowhere is this more displayed as in...

By: Atty. Wivino E. Bracero II | Free speech has always been the cornerstone of any democratic society. It is so important in our society that it is jealously protected and guaranteed by no less than the Constitution. However, much like all other freedoms, the exercise of free speech is not without limitation. As the old adage goes, one’s freedoms end where another’s rights begin. That said, much has been said about the crime of libel. It is a crime that is defined and the penalties for its commission provided for under the Revised Penal Code. Libel, criminal libel to...