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Starting an Export Business as an MSME

When it comes to starting an export business as an MSME, the initial step generally starts at registering with the Client Profile Registration System (CPRS) of the Bureau of Customs. Successfully registered exporters are then required to fill out their Export Declarations through the E2M customs system. MSMEs which want or need assistance in processing their registration as exporters may seek aid from Negosyo Centers.

(Customs Memorandum Order Nos. 39-2008, 49-2010, 54-2010, and 7-2012; Sec. 4, Republic Act No. 10644)

Exemption from Duties and Taxes on Goods valued at ₱10,000 or less

Under the Customs Modernization and Tariff Act (CMTA) and Customs Administrative Order (CAO) 02-16, imported goods with “De Minimis value” are considered imports of “negligible amount”, and are thus duty and tax-free, and also entitled to immediate release from customs.

Upon the effectivity of the said laws, the De Minimis value of imports went from ₱10 to ₱10,000. The increased threshold means that importers of goods amounting to less than ₱10,000 need not worry about paying for additional costs on duties and taxes.

The Supreme Court decides: A mayor does not have the positive duty to remit the GSIS premium contributions of all employees within his political subdivision.

In the case of People of the Philippines vs. Antonio M. Talaue, G.R. No. 248652, June 19, 2024, the Supreme Court held that a mayor does not have the positive duty to remit the GSIS premium contributions of all employees within his political subdivision.

The Local Government Code of 1991 refers to municipal mayors as “chief executives” and not “heads of offices” as contemplated under Section 52(g) of RA No. 8291. Moreover, nowhere in the Local Government Code of 1991 does it include the remittance of GSIS premiums as part of the duties of a mayor.

When can an electronic document be used as evidence?

In the Philippines, parties are allowed to offer electronic documents as evidence in civil, criminal, administrative, and quasi-judicial cases. When parties offer such forms of evidence, the Rules on Electronic Evidence apply. Notably, before an electronic document can be admissible in evidence, it must first be authenticated in the manner prescribed by Rule 5 of the Rules on Electronic Evidence.

National Payment Systems Act of 2020

Republic Act (RA) No. 11127 or the National Payment Systems Act of 2020 was enacted in view of the State’s objectives to promote, through the Bangko Sentral ng Pilipinas (BSP), the safe, secured, efficient and reliable operation of payment systems in order to control systemic risk and provide an environment conducive to the sustainable growth of the economy. According to the BSP, RA No. 11127, or the National Payment Systems Act (NPSA), provides a comprehensive legal and regulatory framework which supports the aforesaid objectives of the State.

What are the forms of payment of wages? What is the law’s current stand on Digital Wage Payments?

In the Philippines, employers are obligated to pay their employees only by means of legal tender, or in certain conditions, by way of check or money order.
When it comes to digital payments, the Department of Labor and Employment has released a Labor Advisory which encouraged and enabled all private establishments to “timely pay wages and other monetary benefits through transaction accounts” such as e-wallets because of the advantages in terms of “safety, security, and financial inclusivity.”
(Art. 102, Labor Code; Labor Advisory No. 16).

Briefer on the List of Documentary Requirements for Retirement Benefit under SSS Circular No. 2020-010

Pursuant to the Social Security Commission Resolution No. 244-s. 2020 dated May 19, 2020 and in line with the implementation of the Ease of Doing Business and Efficient Government Service Delivery Act of 2018, which aims to streamline the current systems and procedures in government offices, the List of the Documentary Requirements for Retirement and Death Benefits are hereby issued to facilitate the effective and immediate processing of retirement benefits.

The Supreme Court decides: Demotion, verbal abuse, and indifferent behavior by an employer that forces an employee to resign shall constitute constructive dismissal.

In the case of Bartolome vs. Toyota Quezon Avenue Inc., et al., G.R. No. 254465, April 3, 2024, the Supreme Court has held that demotion, verbal abuse, and indifferent behavior by an employer that forces an employee to resign constitute constructive dismissal.