Guidelines on Nationalized Industries

Written by Joseph Sarmiento.

The Supreme Court recently upheld the constitutionality of SEC Memorandum Circular No. 8, Series of 2013. The salient points of said Memorandum Circular are as follows:


a. The covered corporations are those involved in areas of activities or enterprises specifically reserved, wholly or partly, to Philippine Nationals by the Constitution, the Foreign Investments Act, and other existing laws.


b. All covered corporations shall, at all times, observe the constitutional or statutory ownership requirement.


c. The required percentage of Filipino ownership must be met in both (a) the total number of outstanding shares of stock entitled to vote in the election of directors, and (b) the total number of outstanding shares of stock, whether or not entitled to vote in the election of directors.


d. Corporate Secretaries of covered corporations are directed to monitor and observe compliance thereto. The Corporate Secretary may not delegate this responsibility without an express authority from the Board of Directors or Trustees.


e. Failure to comply will be punished with the administrative sanctions provided in Section 14 of the Foreign Investments Act as amended, summarized below:


Juridical entity

Fine of ½ of 1% of the paid-in capital, but not more than Php5,000,000.00

President / officials responsible

Fine not exceeding Php200,000.00

Any person, firm, or juridical entity

Forfeiture of all benefits granted under the Foreign Investments Act as amended

Exceptions to the IPOPHL Increase in Fees

Written by Joseph Sarmiento.

Increased official fees will take effect on 1 January 2017, subject to the following exceptions:
 
(1) All Statements of Account (SOAs) issued in 2016 based on the old rates may be paid within the period of validity of the SOA even if the actual payment is made in 2017, provided the SOA remains valid on the date of payment;
 
(2) Where an extension of time to pay was granted in 2016 and the new due date falls in 2017, such payment will be based on the old fee structure and any SOA to be issued pursuant to such extension will be based on the old rates;
 
(3) Payments that are due on days when IPOPHL is closed (from 24 December 2016 to 2 January 2017) will be accepted on 3-6 January 2017, and any SOA issued or to be issued will follow the old fee structure.

FDA Practice Update

Written by Joseph Sarmiento.

The Firm welcomes the addition of Atty. Kathleen May O. Clareza as among its associates. Prior to joining BCCS Law, Atty. Clareza was a Special Investigator III of the Legal Department of the Food and Drug Administration (FDA). As part of the legal team of the FDA, her responsibilities included, among others, the enforcement of the rules and regulations of the said agency. Being a member of the legal team, likewise, exposed her to the different centers of FDA. Her previous stint with the FDA boosts the FDA practice of the Firm. The Firm’s FDA practice has been thriving in recent years and the intimate knowledge of Atty. Clareza of relevant FDA rules and regulations will be instrumental to the Firm’s FDA related advice and services. 

What they say about us

The firm was recognized again in the 2017 ranking tables of the World Trademark Review (WTR), Legal500 and Chambers and Partners.

According to WTR, "(e)lite boutique Betita Cabilao Casuela Sarmiento wins praise from foreign counsel the world over: 'All the partners are responsive, dedicated, reliable and prompt in their advice. Working with them, you feel as if you you’re their only client.' The four-partner team has secured favourable results for household-name brands in a string of high-stakes cases, and prides itself on its uniquely personalised approach to both contentious and non-contentious matters. Managing partner Andre Philippe Betita is a regular in the Supreme Court, but also deftly handles filing and prosecution issues before IPOPHL; having helped to draft the country’s IP Code, he knows every line of the statute inside out. Pericles Jose Conrado Casuela is a go-to practitioner for licensing matters and IP-rich M&A negotiations." Andre and Pericles are ranked as tier 2 recommended experts by WTR. The full publication can be viewed here.

The firm is ranked as a second-tier recommended firm by Legal 500, which describes the firm: "Betita Cabilao Casuela Sarmiento’s practice handles licensing, transactions, litigation and enforcement relating to trade marks. Name partners Andre Betita, Pericles Casuela, Joseph Sarmiento and John Paul Cabilao are active practitioners." The full publication can be viewed here.

The firm's Andre Betita is ranked in band 3 of the leading Intellectual Property lawyers in the Philippines in Chambers and Partners' 2017 Asia-Pacific guide. The full publication can be viewed here.

The rankings complement the firm's milestone achievement of building a portfolio of more than 2,000 trademarks filed and registered with the Philippine Intellectual Property Office within the fifth year from its founding in 2011.  To view the firm's portfolio, visit http://www.wipo.int/branddb/ph/en/ and enter "Betita Casuela" in the "Names/Representative" search option.