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Mobile Phone Data and the Right against Warrantless  Searches and Seizures

Mobile Phone Data and the Right against Warrantless Searches and Seizures

An analysis of People v Enojas Are mobile phone data—phonebook contacts, messages, photographs, accounts, emails, etc., —subject to searches and seizure? This legal issue was touched upon in a recent case, People vs. Noel Enojas (G.R. No. 204894), which was decided by the Supreme Court on 10 March 2014. The case involves murder charges against four individuals prosecuted for the shooting of a police officer along Alabang-Zapote Road in Las Pinas City sometime in September 2006. After the shooting incident, the lawful authorities obtained a mobile phone owned by one of the suspects. The police then used the phone to […]

Informational Privacy in the Age of Facebook

Informational Privacy in the Age of Facebook

On September 29, 2014, the Supreme Court in Vivares v St. Theresa’s College rendered a decision laying down the rules on the extent to which social media users can have a reasonable expectation of privacy when using social networking sites. The case involved two minors who were graduating high school students of St. Theresa’s College (STC), who in 2012 took photos of themselves wearing only their underwear as they were changing into their swimsuits for a beach party. Other photos taken showed the girls smoking cigarettes and drinking hard liquor while another shows the girls wearing clothes that completely revealed […]

BUILDING LINKS FOR AN IT EMPOWERED CITIZENRY

BUILDING LINKS FOR AN IT EMPOWERED CITIZENRY

Welcome, Reader! We are Disini & Disini Law Office (D&D), one of the leading law-firms in the Information Technology (IT) and Electronic-commerce (E-commerce) practice in the Philippines. D&D was founded in 2000 and offers a full-range of legal support services to a wide range of clients—from start-ups to established companies. In 2014, we re-launched our website with a new look to make news and information about our firm more accessible to our clients and other casual online visitors. As a firm, we have a vision that we, as a people, can harness information available through the internet to bridge the gaps where there may be […]

Philippines Passes Free Mobile Disaster Alerts Act

Philippines Passes Free Mobile Disaster Alerts Act

Update Last June 20, 2014, President Aquino signed into law Republic Act No. 10639 otherwise known as the Free Mobile Disaster Alerts Act. Behind the enactment of this law is the State policy of protecting its citizenry in the event of natural or man-made disasters and calamities. The main thrust of the law is to require mobile phone service provider or telecommunication companies to send out alerts in the event of an impending tropical storm, typhoon, tsunami or other calamity. The said alerts shall be sent directly to mobile phone subscribers who are located near and within the affected areas […]

GMA News Interviews Atty. Disini on Internet Law Issues

GMA News Interviews Atty. Disini on Internet Law Issues

Tackling the prevalence of online activies, GMA TV program “News to Go” recently featured Atty. JJ Disini as expert guest on Internet Law. Hosted by Howie Severino, the interview focused on Philippine legal dilemmas spurred by technological developments, such as the Internet. Atty. Disini emphasized that cyber- crimes, both of unauthorized access and authorized access, are punishable under the E-Commerce Act. He noted that violations can still occur even where access is allowed as in the case of employees. The most common cyber crimes were also discussed. Atty. Disini first cited the widespread practice of sharing and downloading files, which […]

Revival of the Grandfather Rule?

Revival of the Grandfather Rule?

SEC Opinion Update In a surprising opinion, the General Counsel of the Securities and Exchange Commission held that the grandfather rule should be used in determining the nationality of a corporation engaged in a partly nationalized activity instead of the traditionally used control test. As stated in SEC-OGC Opinion No. 10-31 (December 9, 2010), Medusa Mining Ltd (MML) is an investor in a joint venture that is the holder of a mineral production sharing agreement. It is in partnership with PHILSAGA Mining Corp. (PHILSAGA), apparently a Filipino corporation. MML, a 100% foreign corporation, owns 40 % of the joint venture, […]

BIR Expands Electronic Filing Coverage

BIR Expands Electronic Filing Coverage

Update Under Revenue Regulation No. 1-2010, the taxing authority expands the scope of taxpayers required to file returns and pay taxes through the Electronic Filing and Payment System (EFPS). For full text of the issuance, click here. Read more about the Corporate Services practice at Disini & Disini Law Office Read more about the Technology and Telecommunications practice at Disini & Disini Law Office