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PAGCOR Job Order Workers Not Regular Government Employees (Mark Abadilla et al. vs. PAGCOR, June 19, 2024)

Petitioners hired under temporary contracts claimed entitlement to job security after their contracts were not renewed since PAGCOR stopped its operations in Bacolod. However, the Civil Service Commission, Court of Appeals, and Supreme Court dismissed their complaint on the grounds that petitioners were hired as “job order” workers and did not meet the criteria to be considered as regular government employees. The case showcases the importance of understanding employment contracts and their impact on workers’ rights and benefits.

ITSO NICE: Fees Incentive for the Innovation and Technology Support Offices (IPOPHIL Memorandum Circular No. 2024-025)

On July 8, 2024, the Intellectual Property Office of the Philippines (IPOPHL) issued Memorandum Circular (MC) No. 2024-025, to provide the terms and conditions of its Patent Protection Incentive for the Innovation and Technology Offices’ (ITSOs) program, to be known as “ITSO NICE IP”.

Green Technology Incentive Program of the IPOPHIL (IPOPHIL Memorandum Circular No. 2024-037)

Memorandum Circular No. 2024-037 or the Green Technology Incentive Program established by the Intellectual Property Office of the Philippines aims to promote initiatives that will lead to the development of local green and sustainable technologies. These innovations are to target areas like renewable energy, sustainable transportation, and waste management, and would last from November 2024 to November 2025 or upon reaching their quota. Applicants are to meet specific sustainability criteria and IPC/Locarno classifications for them to be deemed eligible for registration and to receive the benefits provided under this program.

Key Takeaways from the New Government Procurement Act (Part XII)

Photo from Pexels | cottonbro studio The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Read more about Key Takeaways from the New Government Procurement Act (Part XII)[…]

The Supreme Court decides: A lawyer is not deemed a person in authority within the meaning of Article 177 of the Revised Penal Code

The Supreme Court held that to be convicted of the crime of usurpation of official functions, the following elements must concur:
1. The offender may be a private person or public officer.
2. The offender performs any act pertaining to any person in authority or public officer of the Philippine government, any of its agencies, or of a foreign government.
3. The offender performs the act under pretense of official function.
4. The offender performs the act without being legally entitled to do so.

Documents to Process Claims for Tax Credit Certificates or Cash Refund (RMC No. 74-2024)

BIR Revenue Memorandum Circular No. 074-2024 provides the guidelines and prescribes the mandatory documentary requirements in the processing and grant of claims for issuance of tax credit or cash refund of erroneously or illegally received or collected taxes under Section 204(C), in relation to Section 229 of the NIRC.

E-TRACC System to Boost Cargo Monitoring (Bureau of Customs CMO 09-2024)

Customs Memorandum Order (CMO) No. 09-2024 expands the coverage of the E-TRACC system to include inland and sea transfers, including barge and domestic vessel movements. The order mandates the use of the Electronic Customs Seal (ECS) for cargo transits and outlines the responsibilities of service providers and terminal facilities in monitoring real time cargo movements and accurate cargo information. It also establishes strict documentation and authorization procedures to ensure compliance and prevent unauthorized cargo handling at transit terminals.

ePay System of the Bureau of Customs (Bureau of Customs CMO 06-2024)

The Bureau of Customs issued Customs Memorandum Order (CMO) No. 06-2024 dated April 15, 2024, which contains provisions on collection of duties and taxes due on goods covered by goods declaration manually processed under the informal entry procedure and the miscellaneous fees payable to the Bureau using the Electronic Payment Portal System (ePay), which shall be monitored by the Collection Division of the Ports, the Revenue Accounting Division (RAD), the Statistical Analysis Division (STAD) and other concerned offices in the Bureau.

BIR Tax Clearance Needed to Settle Government Contracts (BIR RR No. 017-2024)

Under BIR Revenue Regulations No. 017-2024, all persons who have existing contracts with the government shall secure from an updated tax clearance from the BIR certifying that they have no outstanding tax liabilities and that they have duly filed the latest income and business tax returns and paid the corresponding taxes due thereon. Failure to comply with this requirement entitles the government to suspend the final settlement for any goods or services, including infrastructure projects, delivered by the contractor.