Recent Posts

Cybercrime search warrants and the role of ISPs

Cybercrime search warrants and the role of ISPs

Just like in any other crime, a search warrant is necessary to aid in the prosecution of cybercrime [i]. Aiming to protect the fundamental right against unreasonable searches and seizures, the policy of procuring search warrants for cybercrimes is definitely sensible on paper. However, the unique nature of data and computer systems makes it troublesome. Can service providers be the solution? The unique nature of search warrants in cyberspace The procurement of a search warrant is a crucial part of the criminal prosecution process. By means of the warrant, law enforcement officers can secure material pieces of evidence [ii]. Without such prior […]

The Anti-Distracted Driving Act at a Glance

The Anti-Distracted Driving Act at a Glance

The Anti-Distracted Driving Act or R.A. No. 10913, which aims to promote the responsible use of electronic devices on the road and protect citizens from vehicular accidents, has become law on July 21, 2016. Here are five things you should know about this Act: The Act covers all kinds of land transportation vehicles, whether public or private. All motorists using hand-held mobile phones, computers and any similar electronic devices while driving, even when temporarily stopped at a red light,  are liable under the Act. Hence, sending or reading messages on a mobile device, making or receiving calls, playing electronic games, […]

Partisan Political Activities in the Age of Social Media

Partisan Political Activities in the Age of Social Media

The past election season saw a social media revolution. More than ever, the Internet has become a vehicle for expressing a myriad of opinions that sought to campaign for and protect a particular candidate, or to blacken his image or express dissent. Increasingly becoming one of the main sources of information, social media has changed the playing field. There, candidates and their supporters were able to get advertisement and highlight platforms, at little to no cost. While the right to express opinions in social media is guaranteed by the freedom of speech enshrined in our Constitution, it is not absolute. […]

Gaming Online Polls: How Hard Could It Be?

Gaming Online Polls: How Hard Could It Be?

  It is election season once again, and with it comes a slew of opinion polls showing this politician or that politician-to-be, as the nation’s favorite candidate (for the time being). These polls are conducted regularly, over a relatively long period of time, in order to reflect the vicissitudes of electoral whims. Now, since more than half of Filipinos are online, a number of these polls have been conducted through websites. The move is understandable as the benefits are obvious: using the net to reach out to participants is far more convenient and time-efficient than going to them personally, or […]

Regulating Uber in the Philippines

Regulating Uber in the Philippines

  Introduction Uber is a taxi-hailing service mobile application that allows any smart phone user to hail a for-hire vehicle without needing to physically be on the street. Founded in San Francisco, California in 2009, the company has since expanded its operations to 300 cities in 58 countries.[1] Using the Global Positioning System (“GPS”) on smartphones, the application pairs passengers with drivers in a matter of minutes, hence eliminating the uncertainty of when a vacant cab would arrive, if any at all. Additionally, all transactions are managed by Uber – from charging the fare on the passenger’s credit card to […]

Condominium Rights in the Face of the Sharing Economy Model

Condominium Rights in the Face of the Sharing Economy Model

  An Analysis of the Legal Rights of Airbnb Lessors of Condominium Units In recent years, many high-rise condominiums have been in major cities in the Philippines. Despite concerns about an oversupply of units, many analysts expect the Philippine real estate market to be profitable for the years to come.[i] What cannot be denied is that many condominiums are not used by their owners as their primary dwellings. They are, for the most part, investment vehicles earning revenue primarily through long-term leases. The rise of the sharing economy[ii] and the advent of sites like Airbnb have changed that. Airbnb was […]

CAP Regulations on Drones 

CAP Regulations on Drones 

Unmanned Aerial Vehicles (UAV’s) like drones, airships, and rotorcrafts are becoming commonplace. Their application is no longer confined to the military or for warfare, as they can be used for recreational purposes such as photography and tourism. In response to this trend, the Civil Aviation Authority of the Philippines (CAAP) issued Memorandum Circular No. 21, as well as Memorandum Circular No. 35 last June and November 2014, respectively. These memoranda amended Part 11 of the Philippine Civil Aviation Regulations (PCAR), providing new rules with respect to the operation and registration of UAV’s. The recently issued memoranda defines UAV as an […]

The Anti-Photo and Video Voyeurism Act of 2009: A Primer

The Anti-Photo and Video Voyeurism Act of 2009: A Primer

    The Anti-Photo and Video Voyeurism Act of 2009 A Primer The highly publicized sex videos of celebrity physician Hayden Kho with various celebrity partners rocked Philippine society in May 2009 and was quickly shared online and later distributed through DVD in the streets and sidewalks. In response to this, Congress passed Republic Act 9995 (Anti-Photo and Video Voyeurism Act of 2009) to prevent the publication and distribution of similar material in the future.[1] The law prohibits recording videos or taking photos of a sexual act, the male or female genitalia, and of the female breast, among others, without […]

NTC Rules on Prepaid Load

NTC Rules on Prepaid Load

According to a 2013 report issued by the National Telecommunications Commission (NTC), there are about 80 million prepaid subscribers in the Philippines. Another report made by Mobile World Live in 2014 found that 96% of cellphone users in the Philippines are prepaid subscribers. In response, the NTC, the government agency charged with the regulation of public telecommunication services issued Memorandum Circular (MC) 03-07-2009 imposing a minimum validity period for load credits of prepaid subscribers. Generally prepaid loads of higher value have longer validity periods. The minimum periods are as follows: P10.00 or lower                                               Three days More than P10.00 to P50.00 […]

Anti-Cybercrime Law’s IRR signed, released

Anti-Cybercrime Law’s IRR signed, released

August 12, 2015 — The Implementing Rules and Regulations (IRR) of RA 10175 or the “Cybercrime Prevention Act of 2012” was signed by Justice Secretary Leila De Lima, Interior and Local Government Undersecretary Edwin Enrile, and Science and Technology Secretary Mario Montejo at the New World Manila Bay Hotel. The IRR was signed almost three years after RA 10175 was enacted on September 12,2012. You may download the full text of the IRR below. RA 10175 IRR Read more about the Litigation practice at Disini & Disini Law Office Read more about the Technology and Telecommunications practice at Disini & Disini Law Office