SPECIAL TOPICS

FOR RFBT IN
CPALE
RA 9160
ANTI-MONEY LAUNDERING ACT OF 2001
As amended by R.A. 9194, RA 10167 and R.A. 10365

History of the Act

Republic Act No. 9160 otherwise known as The Anti-Money Laundering Act of
2001 was signed into law on September 29, 2001 and took effect on October 17,
2001. The implementing Rules and Regulations took effect on April 2, 2002. On
March 7, 2003, R.A. No. 9194 (An Act Amending R.A. No. 9160) was signed into
law and took effect on March 23, 2003. The revised Implementing Rules and
Regulations took effect on September 7, 2003.
Declaration of Policy

It is hereby declared the policy of the State to protect and preserve the
integrity and confidentiality of bank accounts and to ensure that the
Philippines shall not be used as a money laundering site for the proceeds
of any unlawful activity. Consistent with its foreign policy, the State shall
extend cooperation in transnational investigations and prosecutions of
persons involved in money laundering activities wherever committed.

Money Laundering is a crime whereby the proceeds of an unlawful

activity as herein defined are transacted, thereby making them appear to
have originated from legitimate sources.
Money Laundering Offense
Money Laundering is committed by any person who, knowing that any monetary instrument or
property represents, involves or relates to the proceeds of any unlawful activity:
a. Transacts said monetary instrument or property
b. Convert, transfers, disposes of, moves, acquires, possesses or uses said monetary instrument or
property
c. Conceals or disguises the true nature, source location, disposition, movement or ownership of
or rights with respect to said monetary instrument or property.
d. Attempts or conspires to commit money laundering offenses referrer to in paragraphs a, b or c.
e. Aids, abets, assists in or counsels the commission of the money laundering offenses referred to
in paragraphs a, b or c.
f. Performs or fails to perform any act as a result of which he facilitates the offense of money
laundering referred to in paragraphs a, b or c.
Money laundering is also committed by any covered persons who, knowing that a covered or
suspicious transaction is required under this ACT to be reported to the Anti-Money laundering
council.
Covered transaction
1. Transaction in cash or other equivalent monetary instrument exceeding
500,000 pesos.
2. A transaction exceeding 1,000,000 in cases of jewelry dealers, dealers in
precious metal and dealers in precious stones.

3. Single casino cash transaction involving an amount in excess of 5,000,000

or its equivalent in any other currency

Any person who comes into knowledge of such covered transaction have 5 days
to report the appropriate authority.
Suspicious Transaction
Are transactions with covered institutions, regardless of the amounts involved, where
any of the following circumstances exist:
1. There is no underlying legal or trade obligation purpose or economic justification;
2. The client is not properly identified
3. The amount involved is not commensurate with the business or financial capacity of
the client.
4. Taking into account all known circumstances it may be perceive that the client’s
transactions is structured in order to avoid being the subject of reporting
requirements under the Act.
5. Any circumstances relating to the transaction which is observed to deviate from the
profile with the covered institution.
6. The transactions is in a way related to an unlawful activity or offense under this act
that is about to be is being or has been committed
7. Any transaction that is similar or analogous to any of the foregoing
Anyone who comes into this has 10 days to determine the transaction and 5 days to
report to the appropriate authority
Should a transaction be determined to be both a covered
transaction and a suspicious transaction the covered person
shall be required to report the same as a suspicious
transaction
When reporting covered or suspicious transactions to the AMLC,
covered persons and their officers and employees are prohibited
from communicating, directly or indirectly, in any manner or by any
means, to any person or entity, the media, the fact that a covered
or suspicious transaction has been reported or is about to be
reported, the contents of the report, or any other information in
relation thereto. Neither may such reporting be published or aired
in any manner or form by the mass media”, electronic mail, or
other similar devices. In case of violation thereof, the concerned
officer and employee of the covered person and media shall be
held criminally liable.”
 Natural
Who are the persons liable under this law? Covered persons Judicial
Covered Persons Supervised or Regulated by the Bangko Sentral ng Pilipinas (BSP)
•Banks;
•Offshore banking units;
•Quasi-banks;
•Trust entities;
•Non-stock savings and loan associations;
•Pawnshops;
•Foreign exchange dealers;
•Money changers;
•Money remittance or transfer companies;
•Electronic money issuers; and
•All other persons and their subsidiaries1 and affiliates2 supervised or regulated by the BSP.
*1 A subsidiary means an entity more than 50% of the outstanding voting stock of which is owned
by a bank, quasi-bank, trust entity or any other institution being supervised and regulated by the
BSP.

*2 An affiliate means an entity at least twenty percent (20%) but not exceeding fifty percent (50%)
of the outstanding voting stock of which is owned by a bank, quasi-bank, trust entity or any other
institution being supervised and regulated by BSP.
Covered Persons Designated Non-Financial Businesses and Professions (DNFBPs)
A. Jewelry dealers in precious metals, who, as a business, trade in precious metals;
B. Jewelry dealers in precious stones, who, as a business, trade in precious stones;
C. Company service providers which, as a business, provide any of the following services to third
parties
I. Acting as a formation agent of juridical persons;
II. Acting as (or arranging for another person to act as) a director or corporate secretary of a
company, a partner of a partnership, or a similar position in relation to other juridical persons;
III. Providing a registered office, business address or accommodation, correspondence or
administrative address for a company, a partnership or any other legal person or arrangement; and
IV. Acting as (or arranging for another person to act as) a nominee shareholder for another person
D. Persons who provide any of the following services:
I. Managing of client money, securities or other assets;
II. Management of bank, savings or securities accounts;
III. Organization of contributions for the creation, operation or management of companies; and
IV. Creation, operation or management of juridical persons or arrangements, and buying and selling
business entities.
 Covered Persons Supervised or Regulated by the Securities and Exchange
Commission (SEC)
1.Securities dealers, brokers, salesmen, investment houses and other similar persons
managing securities or rendering services as investment agent, advisor, or consultant;
2.Mutual funds, close-end investment companies, common trust funds, and other similar
persons; and
3.Other entities administering or otherwise dealing in currency, commodities or financial
derivatives based thereon, valuable objects, cash substitutes and other similar monetary
instruments or property supervised or regulated by the SEC.
Covered Persons Supervised or Regulated by the Insurance Commission
(IC)

• Insurance companies, pre-need companies and all other persons supervised or

regulated by the IC;
Covered persons shall exclude

Lawyers and accountants acting as independent legal professionals in

relation to information concerning their clients or where disclosure of
information would compromise client confidences or attorney-client
relationship.
What constitutes as “Unlawful Activity under AMLA”?

Unlawful Activity is the offense which generates dirty money or property. It is

commonly called the predicate crime. It refers to any act or omission or series or
combination thereof involving or having direct relation to the following:

Predicate Crimes/Unlawful Activities

Kidnapping for ransom

Drug trafficking and related offenses
Graft and corrupt practices
Plunder
Robbery and Extortion
Jueteng and Masiao
Piracy
Qualified theft
Swindling
Smuggling
Violations under the Electronic Commerce Act of 2000
Hijacking; destructive arson; and murder, including those perpetrated by terrorists
against non-combatant persons and similar targets
Fraudulent practices and other violations under the Securities Regulation Code of
2000
Felonies or offenses of a similar nature that are punishable under the penal laws of
other countries.
Terrorism financing and organizing or directing others to commit terrorism financing
(R.A. 10168).
Attempt/conspiracy to commit terrorism financing and organizing or directing others
to commit terrorism financing (R.A. 10168).
Attempt/conspiracy to commit dealing with property or funds of designated person.
Accomplice to terrorism financing or conspiracy to commit terrorism financing.
Accessory to terrorism financing.
Who is the Appropriate Authority?

Anti-Money Laundering Council

The Anti-Money Laundering Council is the agency of the Government of the

Philippines that is tasked to implement the provisions of Republic Act No. 9160, also
known as the “Anti-Money Laundering Act

Members of the AMLC:

1. Governor of the Bangko Sentral ng Pilipinas- Chairman
2. Commissioner of the Insurance Commision- Member

3. Chairman of the Securities and Exchange commission- member

The AMLC Shall act unanimously in the discharge of its functions

Jurisdiction of Money Laundering Cases

The Regional Trial Courts shall have jurisdiction to try all cases on
money laundering.
Those committed by public officers and private persons who are in
conspiracy with public officers shall be under the jurisdiction of the
Sandiganbayan.
Record keeping for covered persons
All records of all transactions of covered institutions shall be maintained and safely stored for 5 years

1. For records where the account is subject of a case

Record must be retained beyond the 5 year period until it is officially confirmed by the AMLC secretariat
that the case has been resolved.
2. Closed Accounts
Record must be retained from the date the account was closed.

Form of record required:

Form that is admissible in court
Electronic copies of all covered and suspicious transactions

However for low risk customers, it is sufficient that covered persons shall maintain and store in
whatever form a record of customer information and transcation.
How can the AMLC inquire into Bank Deposits?
Order of any competent court based on an Ex Parte application in cases of
violations of this Act
No court order is required in the following
a. Kidnapping for ransom
b. Violation of Comprehensive Dangerous Act of 2002
c. Hijacking and other violations under RA no. 6235 such as destructive arson
and murder including those perpetrated by terrorist against non-combatant
persons and similar targets
d. Felonies or offenses mentioned above which are punishable under the
penal laws of other countries and terrorism and conspiracy to commit
terrorism as defined and penalized under RA. 9372.
Prohibition Against Political Harassment
No case for money laundering may be filed against and no assets
shall be frozen, attached or forfeited to the prejudice of a candidate
for an electoral office during an election period.
Question

1. Which is a Covered Transactions, transaction in cash or other equivalent

monetary instrument involving?

A. Total amount in excess of five hundred thousand pesos within 1 banking day.
B. Total amount at least of five hundred thousand pesos within 1 banking day.
C. In excess of 1,000,000 pesos or an equivalent in foreign currency within 5
consecutive banking days.
C. In excess of 4,000,000 pesos or an equivalent in foreign currency within 5
consecutive banking days.

Ans. A
Question

2. Under the Anti-Money Laundering Act, a depositor’s bank account may be frozen:

A. By the bank, when the account is the subject of a suspicious or covered

transaction report
B. By the AMLC when the account belongs to a person already convicted of
money laundering
C. By the Regional Trial Court upon ex parte motion by the AMLC in a criminal
prosecution for money laundering before it.
D. By the Court of appeals motu proprio in an appeal from a judgement of
conviction of a criminal charge for money laundering
E. None of the Above

Ans. E
Question

3. No administrative criminal or civil proceedings shall lie against any

person for having made a CTR or STR in the regular performance of his
duties and in good faith, whether or not such reporting results in any
criminal prosecution under the AMLA or nay other Philippine Law. This is
known as?
A. Safe Harbor provision
B. Exempting circumstance
C. Amnesty
D. Special exempting circumstances

Ans. A
 RA 1405
BANK SECRECY LAW Approved: September 9, 1955

Purpose of the Law

To encourage people to deposit their money in banking institutions and to discourage private
hoarding so that the same may be properly utilized by banks in authorized loans to assist in the
economic development of the country.

General Rule:
Bank deposits are hereby considered as of an absolutely confidential nature and may not be
examined, inquired or looked into by any person, government official, bureau or office.
Act prohibited by the Law
1. Examination and inquiry or looking into all deposits of whatever nature with banks or
banking institutions in the Philippines including investment in bonds issued by the
Government of the Philippines, its political subdivisions and its instrumentalities by any
person, government official, bureau or office.
2. Disclosure by any official or employee of a banking institution to any unauthorized
person of any information concerning said deposits.

Coverage of the Law

1. All deposits of whatever nature with banks or banking institutions in the Philippines
2. Investment in bonds issued by the Government of the Philippines, its political
subdivisions and its instrumentalities
Exception to the Bank Secrecy Law
1. Written permission of the depositor
2. In cases of impeachment
3. Oder of a competent court in cases of bribery or dereliction of duty of public officials
4. Cases where the money deposited or invested is the subject matter of the litigation
Exception to the Bank Secrecy Law under the Tax Code
1. Authority of the CIR to determine the gross estate of the deceased.
2. Waiver in writing of the taxpayer who has filed for compromise of tax liability.
Exception to the Bank Secrecy Law under the Anti graft and corrupt practice
1. Anti graft and corrupt practice; Banco Filipino Savings and Mortgage Bank vs Purisima.
Exception to the Bank Secrecy Law under the AMLA
1. As mentioned above on the slide “How can the AMLC inquire into Bank Deposits?”
Exception to the Bank Secrecy Law under Unclaimed balance Law
1. Disclosure to the treasurer of the Philippines for dormant deposits for at least 10 years.
Exception to the Bank Secrecy Law by Jurisprudence
1. Order or garnishment to insure satisfaction of judgement.
For Dollar accounts
Can only be look upon by written consent of the depositor
Penalty for violation of Bank Secrecy

Imprisonment of not more than five years or a fine of not

more than 20,000 or both at the discretion of the court
Question
1. Bank deposits are hereby considered as of an absolutely confidential nature and may not be
examined, inquired or looked into by any person, government official, bureau or office even
A. With written permission of the depositor
B. In cases of impeachment
C. Upon order of a competent court in cases of bribery or dereliction of duty of public officials
D. Filing of tax evasion cases before the Department of Justice

Ans. D
Question
X a private individual maintains a dollar deposit with ABC bank, X is suspected to be
the leader of a Kidnap for ransom gang and he is suspected of depositing all ransom
money in said deposit account which are all in US dollars/ The police want to open
said account to know if there are really deposits in big amounts. Which statement is
most accurate?
A. The rules under Secrecy of Bank Deposit Act will apply
B. An approval from the Monetary Board is necessary to open the account
C. Because the deposit is in US dollar, it is covered by the Foreign Currency Deposit Act which allow
disclosure only upon the written permission of the depositor.
D. Approval from the Court is necessary to order disclosure of Account.

Ans. A
Question

3. The following deposit or investment are covered under the bank secrecy Law:
A. Investment in bonds issued by the Government of the Philippines
B. Investment in Bonds issued by the Political subdivisions of the PH government.
C. Investment in Bonds issued by public company

D. Time deposit

Ans. C
ACT 3936 AS AMENDED BY PD 679
UNCLAIMED BALANCES LAW Signed on April 2, 1975

What are unclaimed balances the eyes of the law?

Includes credits or deposits of money, bullion, security or other evidence of indebtedness of any kind
and interest thereon with banks buildings and loan associations and trust corporations in favor of:
1. Any person known to be dead
2. Who has not made further deposit or withdrawals during the preceding ten years or more.

Purpose of the Law

To simplify the procedure for the escheat of unclaimed balances for the purpose of reducing
the expenses thereof.
Requirement of Publication under ACT 3936

1. Publication of sworn statement of unclaimed balances in banks once a week of

three consecutive weeks in at least two newspaper of general circulation in the
locality where banks are situated, if there be any and if there is none, in the City of
Manila, one in English and one in Spanish

2. Publication of summons and a notice upon the commencement of the

prescribed judicial proceedings for the escheat of unclaimed balances.
Requirement under the amendment of PD 679
1. The entities covered must communicate with the person in whose favor the unclaimed
balance stands at his last known place of residence or post office address.
2. The entities covered shall forward to the Treasurer of the Philippines a statement under
oath of all credits and deposits that fall under Unclaimed balances in alphabetical order
according to the names of creditors or depositors.
3. A copy of the above sworn statement shall be posted in a conspicuous place in the
premises of the bank or institution concerned for at least sixty days from the date of filing.
4. The Solicitor General shall be informed of such unclaimed balances, he shall commence
an action or actions In the name of the People of the Republic of the Philippines in the
court of first instance of the province or city where the bank, building and loan association
or trust corporation is located.
5. Service of process in such action or actions shall be made by delivery of a copy of the
complaint and summons to the president, cashier or managing officer of each dependent
bank, building and loan association or trust corp and by publication of a copy such
summons in a newspaper in general circulation in where bank is situated, in case there is
none in the City of manila, at such time as the court may order.
Jose Calida
Solicitor General of the Philippines
When do you report and to whom do you report unclaimed balances?

Unclaimed balances should be reported to the Treasurer of the

Philippines every January of every odd year.

Rosalia de Leon
Treasurer of the Philippines
Procedure for reactivation of unclaimed balances
According to Treasury Circular No. 01-2010

1. The Depositor/Creditor shall write his depository bank requesting for the reactivation of his
account which was included in the report of Unclaimed balances to the Bureau of the Treasury.

2. Authentication. The covered institution shall authenticate and verify the request for reactivation and
the signature of the depositor/creditor

3. Letter Request of the Covered Institution.The depository bank shall write the Bureau of the
Treasury through the authorized approving official, requesting authority to reactive the deposit
account concerned attaching to its letter the stamped verified letter of the depositor/creditor

4. Deed of Undertaking. The covered institution through its responsible authorized officer, shall
execute a Deed of undertaking ensuring that the Bureau of the Treasury and its officials and employees
shall be free and harmless from any liability once the account is reactivated.
5. Affidavit of Undertaking. A sworn statement executed by the responsible authorized officer of the
bank absolving the Bureau of the Treasury from any liability that may arise due to the granting of the
Applicant's request for reactivation.

6. Letter of Authority to Reactivate. Finding complete documentation supporting the request, the
Bureau of the Treasury, through its authorized officer shall issue the authority to the covered
institution to reactive the account.

Entity requirements in Case the requesting party is a juridical person

The request must be accompanied with the corresponding board resolutions and/or Secretary’s
certificate showing that the signatory to the request for reactivation is fully authorized to transact
with the Bureau of the treasury relative to the reactivation of its account.
Authority to reactive unclaimed balances

Amount of balance Authorized agent

PHP 0- 25,000 Division Chief/ Head Law &

Litigation Division Legal service

25,001-100,000 Director, Legal Service

100,001-500,000 Deputy Treasurer of the

Philippines

500,001 and above Treasurer of the Philippines

Question:

When the treasurer of the Philippines notifies the solicitor general of

unclaimed balances, the latter shall commence an action in the name of
the republic of the Philippines, in the Regional Trial court of the province
or city where the Bank or other covered institutions is located. The
action commenced by the solicitor general is called?

A. Petition of Quo Warranto

B. Petition for civil forfeiture proceeding
C. Petition for escheat proceedings
D. Petition for certiorari
Ans. C
Question

Which of the following is not subject to escheat proceedings?

A. Demand draft
B. Security
C. Money
D. Telegraphic Note

Ans. A
PHILIPPINE DEPOSITARY INSURANCE
CORPORATION LAW (PDIC LAW)
Definition of Insured Deposit

“insured deposit” means the amount due to any bona fide depositor for legitimate deposits in an
insured bank net of any obligation of the depositor to the insured bank as of date of closure, but
not to exceed Five hundred thousand pesos (P500,000.00). Such net amount shall be determined
according to such regulations as the Board of Directors may prescribe. In determining such
amount due to any depositor, there shall be added together all deposits in the bank maintained in
the same right and capacity for his benefit either in his own name or in the name of others.

A joint account shall be insured separately from any individually owned deposit account

Prescriptive period to claim insurance from PDIC

•2 years from the date the PDIC takeover.
Classification of deposit insurance
1. By deposit type
A. Savings
B. Special Savings
C. Demand/Checking
D. Negotiable order of withdrawal
E. Deposits
2. By deposit account
A. Single Account
B. Joint Account
C. Account “by”, “In trust for” or “for the account of” another person

3. By currency
A. Philippine Peso
B. Foreign Currencies considered as part of BSP’s international reserves.
Not covered by Insurable Deposits
1. Investment products such as bonds and securities, trust accounts and other similar instruments
2. Deposit accounts or transactions which are unfunded or that are fictitious or fraudulent
3. Deposit accounts or transactions constituting, and or emanating from unsafe or unsound banking
practice as determined by the PDIC in consultation with the BSP.
4. Deposits that are determined to be the proceeds of an unlawful activity.
Single Accounts
•Maintained solely by a depositor (natural or juridical person)
• ITF and By accounts are also considered single accounts
Ex. Maria ITF Jose or Jose By Maria
In both this cases the owner is Jose
Single Accounts insured separately from joint accounts up to 500,000

Illustration: Single Account

Name of depositor Type of Account Acct No. Balance
Juan Dela Cruz Savings Deposits 1 100,000
Juan Dela Cruz Time Deposit 2 500,000
Juan Dela Cruz Demand Deposit 3 100,000
Juan Dela Cruz Time Deposit 4 200,000

The insured amount is 500,000

The uninsured amount is 400,000
Illustration: Single Account “ITF and By” accounts

Name of depositor Type of Account Acct No. Balance

Juan Dela Cruz Demand Deposit 1 200,000

Juan Dela Cruz ITF

Antonio Dela Cruz Savings Deposit 400,000

Juan Dela Cruz by

Maria Dela Cruz Time Deposit 500,000

Juan Dela Cruz By

Maria Dela Cruz or
Pedro dela Cruz Time Deposit 500,000

Juan Antonio Juan

400,000 Insured= 500,000
200,000
Uninsured= 700,000
500,000
500,000 Antonio
1,200,000 Insured= 400,000
 Illustration: Single Account and Joint Accounts

Name of depositor Type of Account Acct No. Balance

Juan Dela Cruz Savings Deposit 1 600,000

Juan Dela Cruz and

Maria Dela Cruz Time Deposit 2 500,000

Juan Dela Cruz or

Pedro Dela Cruz Demand Deposit 3 800,000

Juan Maria Pedro

Single Joint Single Joint Single Joint
600,000 250,000
400,000 250,000 400,000

Insured 500,000 500,000 250,000 250,000

Uninsured 100,000 150,000 150,000
If the deposit account in a closed bank is more than 500,000,
what happens to the excess of the maximum amount of
insured deposit
If the close bank is not rehabilitated or taken over by another bank, amount in excess
of 500,000 coverage can still be claimed upon the final liquidation of the remaining
assets of the closed bank.

The claim may be filed with the liquidator of the closed bank but payment of the said
claim will depend on the bank’s available assets to settle is preferred claims. The
schedule of payment beyond the 500,000 maximum insurance shall be based on
priorities set by law.
 INTELLECTUAL PROPERTY CODE
R.A. 8293
The term “Intellectual property rights consist of:
1. Copyright and Related terms
2. Trademarks and Service Marks
3. Geographic Indications
4. Industrial Designs
5. Patents
6. Layout-Designs(Topographies) of Integrated Circuits
7. Protection of Undisclosed information
THE LAW ON PATENTS
Patentable Inventions
Any technical solution of problem in any field of human activity which is new,
involves an inventive step and is industrially applicable shall be Patentable. It may be
or may relate to, a product or process or an improvement of any of the foregoing.

Non- Patentable Inventions

1. Discoveries, scientific theories and mathematical methods
2. Schemes, rules and methods of performing mental acts, playing games or doing
business and programs for computers.
3. Methods for treatment of the human or animal body by surgery or therapy and
diagnostic methods practiced on the human or animal body.
4. Plant varieties or animal breeds or essentially biological process for the
production of plants or animals.
5. Aesthetic creations
6. Anything which is contrary to public order or morality.
Novelty
An invention shall not be considered new if it forms part of a prior art.

What is Prior art?

1. Everything which has been made available to the public anywhere in the world.

2. There is already an existing patent or an application for patent is already

submitted.
Rights to a Patent

The right to a patent belongs to the inventor, his heirs or assigns. When 2 or more
persons have jointly made an invention, the right to a patent shall belong to them
jointly

First to File Rule

In case 2 or more file for the same patent, the patent shall belong to the applicant
who has the earliest filing date or the earliest priority date.

However, if proven who is the True inventor, he shall be given the better right.
Inventions created pursuant to a commission

1. The person who commissions the work shall own the patent unless otherwise
provided in the contract.
2. In case the employee made the invention in the course of his employment
contract, the patent shall belong to:
a. The employee, if the inventive activity is not part of his regular duties
b. The employer, if the invention is the result of the performance of his regular
assigned duties.
Rights conferred by Patent

a. Where the subject matter of a patent is a product:

to restrain, prohibit and prevent any unauthorized person or entity from making,
using, offering for sale, selling or importing that product.

b. Where the subject matter of patent is a process:

to restrain, prohibit and prevent any unauthorized person or entity from using the
process and from manufacturing, dealing in, using, selling or offering for sale, or
importing any product obtained directly or indirectly from such process.

Patent owners shall also have the right to assign, or transfer by succession the
patent and to conclude licensing contracts for the same
 LAW ON TRADEMARKS, SERVICE MARKS
AND TRADE NAMES
R.A. 8293
Definition of terms
Mark- means any visible sign capable of distinguishing the goods (trademark), services
(service mark) of an enterprise.

Trade Name- Means the name or designation identifying or distinguishing an enterprise.

Duration and requirements during the term

• A certificate of registration shall remain in force for 10 years.

• The registrant shall file a declaration of actual use and evidence to that effect
within one year from the 5th anniversary of the date of registration. Otherwise, the
mark shall be removed from the Register of Office.
• A certificate of registration may be renewed for periods of 10 years at its
expiration
Rights conferred

1. Exclusive right to use of the owner

In case of the use of an identical sign for identical goods or services,
a likelihood of confusion shall be presumed.

2. The exclusive right of the owner extends to goods and services

which are not similar. Provided that the use of that mark in relation to
those goods and services would indicate a connection between those
goods and services.
Well known mark
Considered by a the competent authority of the Philippines to be well-known,
whether or not it is registered

In case of litigations this marks are given rights like of a registered mark.
 THE LAW ON COPYRIGHT

Literary and Artistic works, are original intellectual creations in

the literary and artistic domain protected from the moment of
their creation and shall include in particular ( Next slide)
These include books, pamphlets, articles and other writings;
periodicals and newspapers; lectures, sermons, addresses,
dissertations prepared for oral delivery; letters; dramatic or
dramatico-musical compositions; choreographic works or
entertainment in dumb shows; musical compositions; drawing,
painting, architecture, sculpture, engraving, lithography; models or
designs for works of art; original ornamental designs or models for
articles of manufacture; illustrations, maps, plans, sketches, charts
and three-dimensional works relative to geography, topography,
architecture or science; drawings or plastic works of a scientific or
technical character; photographic works including works produced by
a process analogous to photography; lantern slides; audiovisual
works and cinematographic works and works produced by a process
analogous to cinematography or any process for making audio-visual
recordings; pictorial illustrations and advertisements and computer
programs.
Copyright ownership shall be governed by the following rules:
1. Single Author - Original literary and artistic works belong to the author of the
work

2. Joint authorship or co-authorship

A. work cannot be used separately and author of each part cannot be identified
The rules on co-ownership will apply

B. work can be used separately and author of each part can be identified
The author of each part shall be the original owner of the copyright in the part
that he has created.
Not covered by Copyright
1. Any Idea
2. Procedure
3. System
4. Method or operation
5. Concept
6. Principle
7. Discovery or mere data as such
8. News of the day and other facts having the character of mere items of press
information.
9. Any official text of a legislative, administrative or legal nature as well as any official
translation thereof.
Term of Moral Rights

The rights of an author under this chapter shall last during the lifetime of
the author and for 50 years after his death.
And shall not be assignable or subject to license.

Droite De Suite
Inalienable rights of the author’s heirs to receive 5% of the gross receipts.
 DATA PRIVACY ACT OF 2012
R.A. 10173
General Provisions
Policy of the State
1. To protect the fundamental human right of privacy of communication while ensuring
free flow of information to promote innovation and growth.

2. The state recognizes the vital role of information and communications technology in
the nation-building and its inherent obligation to ensure that personal information and
communications systems in the government and in the private sector are secured and
protected.
Interpretation in case of doubt
Any doubt in the interpretation of any provision of this Act shall be
liberally interpreted in a manner mindful of the rights and interest of the
individual about whom personal information is processed
Scope of R.A. 10173
It applies to the processing of all types of personal
information and to any natural and juridical person
involved in personal information processing, including
those personal information controllers and processor
who, although not found or established in the Philippines,
use equipment that are located in the Philippines, or
those who maintain an office, branch or agency in the
Philippines.
Not covered by R.A. 10173
A. Information about any individual who is or was an officer or employee of a
government institution that relates to the position functions of the individual including:
1. The fact that the individual is or was an officer or employee of the govt. institution
2. The title, business address and office telephone number of the individual
3. The classification, salary range and responsibilities of the position held by the
individual
4. The name of the individual on a document prepared by the individual in the course of
employment with the government

B. Information about an individual who is or was performing under contract for a

government institution that relates to the services performed.
C. Information relating to any discretionary benefit of a financial nature such as the
granting of a license or permit given by the government to an individual, including the
name of the individual and the exact nature of the benefit.

D. Personal information processed for journalistic, artistic, literary or research purposes.

E. Information necessary in order to carry out the functions of public authority. Provided
that it does not violate any other pertinent laws.

F. Information necessary for banks and other financial institutions under the jurisdiction
of the BSP to comply with R.A 9160 or otherwise known as Anti Money Laundering Act.

G. Personal information originally collected from resident aliens in accordance with the
laws of those foreign jurisdictions.
Extraterritorial Application
As a general rule, penal law apply only with in its territorial jurisdiction. However, the
Data Privacy act applies to an act done or practice in and outside the Philippines by an
entity if:
a. The act, practice or processing relates to personal information about a Philippine
citizen or resident.
b. The entity has a link with the Philippines and the entity is processing personal
information in the Philippines or even if the processing is outside the Philippines as long
as it is about Philippine citizens or residents.
c. The entity has other links in the Philippines.
Who monitors Data Privacy?

Oranizational Structure of the National Privacy commission

The commission shall be attached to the Department of Information and
Communications Technology (DICT)
a. Headed by a Privacy Commissioner, who shall also act as Chairman.
b. 2 Deputy Privacy Commissioners. - One responsible for Data processing systems
- One responsible for Policies and Planning
Term of Office of Privacy commissioner and Deputy Privacy commissioner
The said officers shall be appointed by the President of the Philippines for a term of 3
years and may be reappointed for another term of 3 years.

Processing of Personal Information

General Rule
The Processing of Personal Information shall be allowed, subject to compliance with
the requirements of this Act and other laws allowing disclosure of information to the
public and adherence to the principles of:
•Transparency
• Legitimate purpose
• Proportionality
Criteria for Lawful Processing of Personal Information. – The
processing of personal information shall be permitted only if not otherwise
prohibited by law, and when at least one of the following conditions exists:
(a) The data subject has given his or her consent;
(b) The processing of personal information is necessary and is related to the
fulfillment of a contract with the data subject or in order to take steps at the
request of the data subject prior to entering into a contract;
(c) The processing is necessary for compliance with a legal obligation to which
the personal information controller is subject;
(d) The processing is necessary to protect vitally important interests of the data
subject, including life and health;
(e) The processing is necessary in order to respond to national emergency, to
comply with the requirements of public order and safety, or to fulfill functions of
public authority which necessarily includes the processing of personal data for
the fulfillment of its mandate; or
Rights of the Data Subject

1. To be informed
2. To be furnished a copy of the information
3. To have access
4. To dispute inaccuracy or error in the information
5. To suspend or withdraw or order blocking of the information.

6. Be indemnified for damages

 ELECTRONIC COMMERCE ACT OF 2000
R.A. 8792
• Declaration of Policy - The State recognizes the vital role of information and communications
technology (ICT) in nation-building; the need to create an information-friendly environment
which supports and ensures the availability, diversity and affordability of ICT products and
services; the primary responsibility of the private sector in contributing investments and
services in telecommunications and information technology; the need to develop, with
appropriate training programs and institutional policy changes, human resources for the
information technology age, a labor force skilled in the use of ICT and a population capable of
operating and utilizing electronic appliances and computers; its obligation to facilitate the
transfer and promotion of technology; to ensure network security, connectivity and neutrality
of technology for the national benefit; and the need to marshal, organize and deploy national
information infrastructures, comprising in both telecommunications network and strategic
information services, including their interconnection to the global information networks, with
the necessary and appropriate legal, financial, diplomatic and technical framework, systems and
facilities.
Interpretation in case of doubt
Any doubt in the interpretation of any provision of this Act shall be liberally
interpreted in a manner mindful of the rights and interests of the individual about
whom personal information is processed.

Objectives of the Law

To facilitate domestic and international dealings, transactions, arrangements,
agreements, contracts and exchanges and storage of information through the
utilization of electronic, optical and similar medium, mode, instrumentality and
technology to recognize the authenticity and reliability of electronic documents
related to such activities and to promote universal use of electronic transaction in
the government and general public.
Scope of Application
This shall apply to any kind of data message and electronic document used in the
context of commercial and non-commercial activities to include domestic and
international dealings, transactions, arrangements, agreements contracts and exchanges
and storage of information.
Legal Recognition of Electronic Data Messages - Information shall not be
denied legal effect, validity or enforceability solely on the grounds that it is in
the data message purporting to give rise to such legal effect, or that it is
merely referred to in that electronic data message.
Legal Recognition of Electronic Documents - Electronic documents shall
have the legal effect, validity or enforceability as any other document or legal
writing, and -
(a) Where the law requires a document to be in writing, that requirement is
met by an electronic document if the said electronic document maintains its
integrity and reliability and can be authenticated so as to be usable for
subsequent reference

Legal Recognition of Electronic Signatures. - An electronic signature on the

electronic document shall be equivalent to the signature of a person on a written
document if that signature is proved by showing that a prescribed procedure, not
alterable by the parties interested in the electronic document
 EASE OF DOING BUSINESS AND EFFICIENT
GOVERNMENT SERVICE DELIVERY ACT OF
2018 R.A. 11032
Coverage. – This Act shall apply to all government offices and
agencies including local government units (LGUs),
government-owned or controlled corporations and other
government instrumentalities, whether located in the
Philippines or abroad, that provide services covering business
and nonbusiness related transactions as defined in this Act.
Required working days under this Act

Simple Transactions- applications or requests submitted by applicants or

requesting parties of a government office or agency which only require
ministerial actions on the part of the public officer or employee, or that
which present only inconsequential issues for the resolution by an officer
or employee of said government."
- 3 working days
Complex transactions – applications or requests submitted by applicants or
requesting parties of a government office which necessitate evaluation in
the resolution of complicated issues by an officer or employee of said
government office, such transactions to be determined by the office
concerned;
- 7 working days
Highly technical application – an application which requires the use of
technical knowledge, specialized skills and/or training in the processing
and/or evaluation thereof
- 20 working days

Penalty for offense

2- strike policy
1st offense - 6 month suspension

2nd offense - Dismissal from service

- Forfeiture of retirement benefits