Litigation

DOJ adopts electronic filing for petitions for review

DOJ adopts electronic filing for petitions for review

Citing the promotion of efficient administration of justice, trends of procedure, and advances in technology, the Department of Justice on 8 March 2017, released a set of rules governing the electronic filing of all petitions for review to the Office of the Secretary and Regional Prosecutors. The rule is also applicable to the comments, other documents filed pursuant to the petition, and other pleadings and motions filed thereafter. Under the rules, only the original copy of the petition for review, comment, pleading, or motion, and its attachments shall be filed. However, the submission shall be accompanied by a compact disc […]

Photo: PC Magazine

DICT Releases Circular on Cloud Policy, Adopts “Cloud First” Approach

In a circular dated 18 January 2017, the Department of Information and Communications Technology (‘DICT’) prescribed the policy on the government’s policy use of cloud computing technology. The policy is meant to reduce costs, increase employee productivity, and develop excellent citizen online services. The circular covers all departments, bureaus, offices, and agencies of the national government and GOCCs and LGU. Under the circular, ‘cloud computing’ is defined as a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources. It recognises that cloud computing has brought new and more efficient means of managing government […]

Supreme Court Designates Cybercrime Courts

Supreme Court Designates Cybercrime Courts

  In its resolution dated 15 November 2016 in A.M. No. 03-03-03-SC, the Supreme Court en banc designated Special Commercial Courts as ‘Cybercrime Courts’. These courts now have the power to try and decide cases covered by the Cybercrime Prevention Act within their respective territorial jurisdictions. Accordingly, Cybercrime cases shall now be filed with the Office of the Clerk of Court in the official station of the proper cybercrime court. The resolution further gave Cybercrime Courts in Quezon City, Manila, Makati, and Pasig the authority to act on application for search warrants involving violations of the Cybercrime Prevention Act. Such […]

Analysis: NPC Recommends Prosecution of COMELEC Chairman Bautista for Data Privacy Breach (Part I of II)

Analysis: NPC Recommends Prosecution of COMELEC Chairman Bautista for Data Privacy Breach (Part I of II)

  Last January 5, 2017, the National Privacy Commission (NPC) recommended the filing of criminal charges against COMELEC Chairman Andres Bautista in the aftermath of the “Comeleak” incident. As of time of writing, the NPC has not yet released the full text of its decision. However, portions of the Commission’s reasoning can be read in an article on its official website. According to the NPC, the COMELEC Chairman’s culpability lies in his failure to take adequate measures to secure the COMELEC’s voter registration databases, which contains what the law defines as personal and sensitive personal information. Quoting the decision, the online article […]

Penalizing Cybersex

Penalizing Cybersex

  In the Philippines, the operation of cybersex dens is increasingly becoming a huge concern. From the early 2000s, various sex dens have been raided, resulting in the arrests of perpetrators and rescues of victims [1], some of them being minors as young as two years old [2]. Filling the gaps in previous laws, the Cybercrime Prevention Act can be provide authorities a powerful way address these offenses. Operation of cybersex dens in the Philippines In cybersex dens, clients pay to have cybersex workers perform sexually explicit acts over the internet. Operators usually maintain a website, where potential clients can […]

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

RA 10642: The Lemon Law

RA 10642: The Lemon Law

A Primer A. Introduction Republic Act 10642, or the Lemon Law, endeavors to protect consumers should they purchase new, albeit nonconforming, motor vehicles from manufacturers, distributors, dealers, or retailers (collectively, “Seller”). This Primer seeks to present the rights of such consumers, and the concurrent obligations of the Seller under the Lemon Law. B. The Lemon Law 1. What motor vehicles are covered under the Lemon Law? The Lemon Law covers only brand new motor vehicles: meaning vehicles constructed entirely from new parts, and have never been sold nor operated in any country. The Lemon Law further limits its coverage to […]

RA 10627: The Anti-Bullying Act

RA 10627: The Anti-Bullying Act

A Primer A. Introduction Republic Act 10627, or the Anti-Bullying Act (the “Act”), aims to protect children enrolled in kindergarten, elementary, and secondary schools and learning centers (collectively, “Schools”) from being bullied. It requires Schools to adopt policies to address the existence of bullying in their respective institutions. B. Bullying 1. What is Bullying? Bullying, as defined under the Act, is any severe or repeated use by one or more students of a written, verbal or electronic expression, or a physical act or gesture, or any combination thereof, directed at another student that has the effect of actually causing or […]

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