The Filipino Lawyer

What Is A Business Lawyer?

August 30, 2016 Tech Support • 0

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By Atty. Apollo X.C.S. Sangalang 
 
I get mixed reactions every time I introduce myself as a BUSINESS LAWYER. "Oh, you mean corporate lawyer, right?" or something like that is the usual reply. Some would ask me directly "what's a business lawyer?" or "what does a business lawyer do?" I kind of like the introduction because it's a good opener. It's an effective way to start a conversation. However,
 there are plenty of occasions when I don't have the luxury of time for a
 conversation or even for small talk. And somehow I feel sort of 
misunderstood because people don't really understand what it is that I 
do as a lawyer. Luckily, I came across a great article written by
 business lawyer Joe Kafrouni while I was trying to find references for 
my own article on the subject. Then, I said to myself I'll just "share" 
Joe's article to people who might be interested in knowing what a 
business lawyer is, and what a business lawyer do. Joe Kafrouni says it best, "...a
 good business lawyer helps business people with the laws that apply to 
their businesses. It's the role of the business lawyer to guide and 
protect their clients - who are business owners and managers - so that 
they can get on with what they do best, run their business."   So, is a business lawyer the same as a "corporate lawyer"? In
 many ways, they are. But the primary areas of focus of business lawyers
 are the laws applicable to "small businesses". That's why in the U.S., 
business lawyers are also called "small business attorneys". In the 
Philippines, small business is synonymous to our SMEs or small and medium enterprises. Let's read the rest of Joe's article: 
<blockquote>
WHAT DOES A GOOD BUSINESS LAWYER DO? By Joe Kafrouni What does a good business lawyer or good commercial lawyer do? 
Negotiating
 a business deal; formalising it in writing with a tight contract; 
determining business goals and strategising on how to best achieve them;
 resolving a dispute between people doing business; studying complex 
laws applying to business and simplifying then for business owners; 
identifying risk and protecting businesses from them – these are the 
things a good business lawyer does in a typical day. 
 
To
 put it simply, a good business lawyer helps business people with the 
laws that apply to their business. It is the role of the business lawyer
 to guide and protect their clients – who are business owners or 
managers – so that they can get on with what they do best, run their 
business. It is often with the intimate involvement of a business 
lawyer in a business that the business owner will have the greatest 
chance to succeed. 
 
The relationship between <a href="https://www.facebook.com/legalcoach/notes#" role="button">lawyers</a> and
 business owners vary. Sometimes, a business owner will only see their 
lawyer when there is a problem in the business. Or sometimes only when 
an issue, such as the need to prepare a contract, becomes urgent. 
However, the best relationships are when the lawyer and the business 
owner work together to avoid problems occurring and deal with issues 
before they are ‘urgent’ and therefore rushed. This type of 
representation is referred to as ‘proactive’ or ‘preventative’. 
 
Therefore,
 it is important that a good lawyer be viewed as part of the management 
team of the business. For this to occur, the business lawyer must do 
more than just understand the laws that apply to business. They must 
understand a great deal about their client and their clients business 
and industry. It is also crucial that the client is comfortable talking 
to their commercial lawyer about everything concerning their business. 
There must be no barrier to communication. 
 
The factors outlined above are more than ‘what is a business lawyer’. It relates to what is a ‘good’ business lawyer. 
 </blockquote>
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<blockquote>

Let’s
 look at an example of what legal work we have performed for a 
particular business person over the last year. Let’s call this client 
‘Secure Sally’. Secure Sally owns a public relations business. At the 
beginning of the year when we began to represent Secure Sally, we went 
to her offices in New Farm to see first hand her business operations. 
This gave us a much greater insight into her business than if she had 
come to see me at my offices. She showed us around, explained the work 
that her company does and introduced me to her partners; staff and even a
 client that was there at the time. She made us a coffee and told me 
some great stories about how she had made it to where she is today and 
what her goals are for the future. 
 
It has to be 
understood that most of the time business owners feel most comfortable 
in their own environment. Because of this, and the fact we were very 
interested in what she had to say, she told us more about her partners, 
her employee, customers, suppliers and competitors. 
 
All
 this information will help us do our job properly. Secure Sally was a 
nice lady – very ambitious and hardworking. We were able to make her 
recognise the value of a good business lawyer to her business.  
 
Doing
 things right the first time and taking precautions against unnecessary 
risk could cost her thousands of dollars in legal fees – but she could 
see that if all this effort saved her from one dispute this would 
probably more than make up for it. 
 
So what have we done for Secure Sally over the last year? 
<ul>
<li>we
 looked at her business structure with her accountant to make sure she 
did not pay more tax than she had to and to keep her assets safe in case
 someone should sue her;</li>
<li>we prepared a partnership agreement between her and her partners;</li>
<li>we advised her on a lucrative contract she won from a company and negotiated some changes she wanted;</li>
<li>we advised her on the laws of employment and whether she could ‘sack’ an employee for continually coming in late to work;</li>
<li>we prepared an employment agreement for her that was signed by her staff;</li>
<li>we
 prepared a policy for her business that deals with issues concerning 
anti discrimination, harassment and bullying in her workplace;</li>
<li>She
 needed to disclose confidential information to a consultant so we 
prepared a confidentiality agreement making sure the information is 
protected;</li>
<li>we also prepared a consultancy agreement with her IT 
specialist setting out what he must do and how much she was going to pay
 him;</li>
<li>She had a customer that didn’t pay their bill. We chased it for her until it was paid;</li>
<li>She
 was charged with an offence under the Trade Practices Act in relation 
to misleading and deceptive conduct. She made an incorrect statement in 
an ad for one of her customers about their competitor. We defended her.</li>
</ul>
These are some examples of the types of things a good business lawyer does and ways in which we regularly help our clients. 
 
What to do next: 
 
If you need a business or commercial lawyer, call Joe Kafrouni on (07) 3354 8888 to discuss you needs and how we can help. 
 
Disclaimer 
 
The information provided by Kafrouni<a href="https://www.facebook.com/legalcoach/notes#" role="button">Lawyers</a> is
 intended to provide general information and is not legal advice or a 
substitute for it. Business owners should always consult their own legal
 advisors to discuss their particular circumstances. Kafrouni <a href="https://www.facebook.com/legalcoach/notes#" role="button">Lawyers</a>makes
 no warranties or representations regarding the information and exclude 
any liability which may arise as a result of the use of this 
information. This information is the copyright of Kafrouni<a href="https://www.facebook.com/legalcoach/notes#" role="button">Lawyers</a>.</blockquote>
 
This entry was posted in <a href="https://www.facebook.com/legalcoach/notes#" role="button">Business Disputes</a>, <a href="https://www.facebook.com/legalcoach/notes#" role="button">Business Improvement</a>, <a href="https://www.facebook.com/legalcoach/notes#" role="button">Business Owners & Managers</a>, <a href="https://www.facebook.com/legalcoach/notes#" role="button">Contracts & Negotiations</a>, <a href="https://www.facebook.com/legalcoach/notes#" role="button">Legal Compliance</a>, <a href="https://www.facebook.com/legalcoach/notes#" role="button">Risk Management</a>, <a href="https://www.facebook.com/legalcoach/notes#" role="button">Starting a Business</a> by <a href="https://www.facebook.com/legalcoach/notes#" role="button">Joe Kafrouni</a>. Bookmark the <a href="https://www.facebook.com/legalcoach/notes#" role="button">permalink</a>. 
 
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By Atty. Apollo X.C.S. Sangalang I get mixed reactions every time I introduce myself as a BUSINESS LAWYER. " Oh, you mean corporate...

Senatorial Candidate Rafael ALUNAN III Shares Thoughts on PNP and Local Government

March 25, 2016 Tech Support • 0

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From his Facebook account, Senatorial Candidate Rafael "Raffy" Alunan III (#3) shared some of his thoughts on the relationship between the PNP and Local Government. 
 
The younger voters may not recall that Senatorial Candidate Rafael "Raffy" Alunan III (#3) has had previous experience in serving the government as Secretary of the Department of the Interior and Local Government 1992-1996 and Chairman of the National Police Commission. 
  This is Mr. Alunan's point of view :  The Philippine National Police is a national organisation. It is by law under the National Police Commission (NAPOLCOM), the chairman of which is the DILG Secretary. The NAPOLCOM has ADMINISTRATIVE control of the PNP, meaning it has the sole power to hire, fire and deploy its personnel anywhere in the country. The Local Government Units (LGU'S), by law, have OPERATIONAL control and supervision of the police assigned to their localities to address their peace and order problems. This division of labor has vexed both the DILG-NAPOLCOM and the LGU's. A tug-of-war over administrative sanctions has created fissures between them and dysfunctions in the peace and order campaigns. Erring or deserving policemen are coddled or neglected by either side, raising the bar of friction and tension that paralyzes the police force. Solution is to review the Local Government Code and the PNP Law on on the one hand, and to strengthen the institution on the other hand by weeding out all the scalawags and professionalizing the force, in conjunction with the reform of the criminal justice system. I favor a Constabulary force to address insurgency, terrorism and transnational crimes under the DILG-NAPOLCOM, and a local police force hired and fired by the local government units. This is a good starting point to get a national conversation going, hopefully, leading to better suggestions and consensus. 
 
 
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News Scene-People Social Service Senatorial Candidate Rafael ALUNAN III Shares Thoughts on PNP and Local Government

From his Facebook account, Senatorial Candidate Rafael "Raffy" Alunan III (#3) shared some of his thoughts on the relationshi...

3 Years After The Rally At The Chinese Embassy, Malacañang Wakes Up And Creates TASK FORCE FOR THE WEST PHILIPPINE SEA

March 24, 2016 Tech Support • 0

<table cellpadding="0" cellspacing="0" class="tr-caption-container" style="float: left; margin-right: 1em; text-align: left;"><tbody>
<tr><td style="text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEivw54rnH5nA1gQww4Nua73YKox9NHhGvZBIAQlh_2kbIE-rQLEVuOyKmCi9xOCLVO1IXbmwjHc6wJgB9S_aTrmaipfgxCuCX7u9weAfmYnhMAbDs-s-xc32y6MeNhTVnBULmd5deukqLo/s1600/alunanx002034.jpg" imageanchor="1" style="clear: left; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img border="0" height="242" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEivw54rnH5nA1gQww4Nua73YKox9NHhGvZBIAQlh_2kbIE-rQLEVuOyKmCi9xOCLVO1IXbmwjHc6wJgB9S_aTrmaipfgxCuCX7u9weAfmYnhMAbDs-s-xc32y6MeNhTVnBULmd5deukqLo/s400/alunanx002034.jpg" width="400" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;">On July 24, 2013, Former Philippine Interior Secretary Raffy Alunan 
joined 2,000 protesters from 30 cause-oriented groups led by 
the West Philippine Sea Coalition </td></tr>
</tbody></table>
MANILA, Philippines – Close to three years after the very first rally staged on Wednesday July 24, 2013 by various cause oriented groups in front of the Chinese Consulate at the financial district of Makati City, Philippines,  to denounce China's intrusion on Philippines waters, President Benigno Aquino III created a task force that would unify national action on the West Philippine Sea (South China Sea) issue, citing the "evolving strategic landscape,". The President created the body as tension erupted anew between Chinese authorities and Filipino fishermen in an area considered as traditional Philippine fishing grounds – Bajo de Masinloc (Scarborough Shoal) – 124 nautical miles off the coast of Zambales province. The President signed Memorandum Circular 94 on March 17, creating the National Task Force for the West Philippine Sea (NTF-WPS) chaired by the National Security Adviser. A Chinese coast guard vessel reportedly rammed into Filipinos fishing in the shoal. Bejiing later accused the fishermen of hurling fire bombs at the Chinese vessel. Manila has brought a case before an international tribunal to rule on the disputes over territories, including Scarborough Shoal. It argued that an unfavorable ruling would rob its fishermen of the right to fish in their own waters, among others. (READ: China to build 'Berlin Wall of the Sea') The move has infuriated Beijing, which insists the matter is outside the court's remit. A ruling on the case is expected before May. It has been noted that since the Makati rally from 3 years ago, former Secretary of the Interior and Local Government and now Senatorial Candidate, Raffy ALUNAN, has advocated the need for credible deterrence.  "The time for credible deterrence is now," said Alunan 3 years ago.  "Building up that deterrence 
requires a strategy, thorough planning, appropriate funding options, 
persistent execution and free from the clutches of corruption. National 
security is at stake and the future of the country cannot be compromised
 more than it already is".
 
 
 
 
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Office of the President
of the Philippines </div>
<div class="separator" style="clear: both; text-align: center;">
Malacañang</div>
 
<div style="text-align: center;">
MEMORANDUM CIRCULAR NO. 94</div>
<div style="text-align: center;">
 </div>
<div style="text-align: center;">
 </div>
<div style="text-align: center;">
CREATING THE NATIONAL TASK FORCE FOR THE WEST PHILIPPINE SEA</div>
 
 
WHEREAS, Section 7, Article II of the 1987 Constitution provides that national sovereignty, territorial integrity, national interest, and the right to self-determination are paramount considerations of the Philippines in its relations with the international community; 
 
WHEREAS, Section 3, Article II of the 1987 Constitution mandates the Armed Forces of the Philippines to secure the sovereignty of the State and the integrity of the national territory; 
 
WHEREAS, Section 2, Article XII of the 1987 Constitution provides that the State is bound to protect the nation’s marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens; 
 
WHEREAS, consistent with the Constitution, the Philippines’ interests in the West Philippine Sea include the maintenance and protection of Philippine sovereignty, preservation and defense of territorial integrity, and promotion of the welfare and well-being of the Filipino people; 
 
WHEREAS, the issues, policies, and required actions in the West Philippine Sea transcend the maritime security domain as these extend to other areas of concern such as in the diplomatic, politico-legal, information, military and law enforcement, and socio-economic fields; and 
 
WHEREAS, given the country’s national interest, national policies and evolving strategic landscape, a more deliberate and coherent approach in addressing the West Philippine Sea issue is needed for the purpose of orchestrating the national effort and achieving unified action in the West Philippine Sea. 
 
NOW, THEREFORE, the concerned agencies are hereby directed as follows: 
 
SECTION 1. Creation of the National Task Force for the West Philippine Sea. The National Task Force for the West Philippine Sea (NTF-WPS) is hereby formally established composed of representatives from the following: 
Chairperson:     National Security Adviser 
Members:     Department of Foreign Affairs 
Department of National Defense 
Department of Justice 
Department of the Interior and Local Government 
Department of Environment and Natural Resources 
Department of Energy 
Department of Agriculture 
Department of Trade and Industry 
Department of Transportation and Communications 
Department of Finance 
National Economic and Development Authority 
National Coast Watch System 
Armed Forces of the Philippines 
Philippine National Police – Maritime Group Philippine Coast Guard 
Bureau of Fisheries and Aquatic Resources 
Such other government officials and private citizens as the Chairperson may designate from time to time. 
 
The NTF-WPS shall be composed of permanent representatives from each of the relevant agencies with the rank of Undersecretary as regular members, and such other officials of support and concerned agencies as necessary. 
 
The National Security Council shall provide administrative and technical support to the NTF-WPS. 
 
SECTION 2. Functions of the NTF-WPS. The NTF-WPS shall receive guidance from the President, through the Cabinet Cluster on Security, Justice and Peace. It shall be responsible in orchestrating and synchronizing the employment of the different national government agencies’ capabilities to achieve the national objectives in the WPS and in submitting such reports and/or recommendations to the President through the Security Cluster. The functions of the Inter-Agency Coordinating Committee on the WPS shall now be transferred to and performed by the NTF-WPS. 
 
SECTION 3. Creation of Area-level and Tactical-level Task Forces. The NTF-WPS shall create an Area-level Task Force (ATF) which shall orchestrate and synchronize the efforts of the different government agencies at the area level. It shall receive guidance and direction from the NTF-WPS. Concerned government agencies shall closely coordinate with the ATF in the employment of their capabilities, assets, equipment, and personnel. 
 
The ATF may organize Tactical-level Task Forces (TTFs) composed of units, assets, capabilities and elements of different agencies. TTFs shall perform their mandates in accordance with the guidance and direction made by the ATF. Depending on the coordination and mechanisms made, all actions undertaken by these government units shall be reported to the ATF directly or through their respective regional offices. 
 
SECTION 4. Support and Cooperation. All branches of the government, departments, bureaus, agencies, offices, and local government units, including government- owned or -controlled corporations are directed to render full support, assistance, and cooperation to the National Task Force in carrying out its mandates and function. 
 
SECTION 5. Separability. If any provision of this Circular is declared invalid or unconstitutional, the other provisions unaffected shall remain valid and subsisting. 
 
SECTION 6. Repeal. All orders, proclamations, rules, regulations, or parts thereof, which are inconsistent with any of the provisions of this Circular are hereby repealed or modified accordingly. 
 
SECTION 7. Effectivity. This Circular shall take effect immediately. 
 
DONE, in the City of Manila, this 17th day of March, in the year of our Lord Two Thousand and Sixteen. 
 
By authority of the President: 
 
(Sgd.) PAQUITO N. OCHOA, JR. 
Executive Secretary

News Scene 3 Years After The Rally At The Chinese Embassy, Malacañang Wakes Up And Creates TASK FORCE FOR THE WEST PHILIPPINE SEA

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February 07, 2016 Tech Support • 0

Culture Privilege License Plates For Top Kyrgyz Officials Chopped

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Forensic DNA technology: A powerful tool for judicial reform

January 25, 2016 Tech Support • 0

DNA testing is the most powerful tool for human identification. Since its discovery in the mid-1980s, DNA profiling had caused a paradigm shift in the identification of victims, perpetrators and witnesses in numerous cases. The identification of genetic markers that are highly variable in human populations is a major step toward the establishment of reference as well as criminal databases needed for statistical evaluation of matching DNA evidence, or identification of repeat offenders, respectively. In addition, the chemical stability of a DNA molecule against harsh environmental challenges such as extreme temperatures and high humidity makes it more suitable for criminal investigations which lasts for months, even years in the Philippines. Moreover, the fact that a person inherits one’s DNA from one’s parents, provides an investigator with alternative reference samples, when an individual’s own reference biological sample is unavailable. Recent advances in forensic DNA testing are now paving the way for reforming the manner by which cases are resolved in courts of law through the way suspected offenders are apprehended during a criminal investigation. Firstly, the availability of new markers which are more variable across different populations, adds to the increased power of discrimination once more genetic markers are used. From the time when DNA testing only involved seven to nine genetic markers to evaluate if crime scene evidence matches a suspect’s profile, as well as to determine relationships, to the current battery of 21 autosomal markers and 23 male-specific markers, the capacity of DNA profiling to differentiate individuals has increased significantly. The use of automated and expert systems for large-scale analysis has also been found to reduce manual errors and to increase output per unit time. The use of several dyes in a single multiplex system provides more information from the same amount of genetic material compared to reactions targeting only one genetic marker but requiring the same amount of DNA that was common in the early 1990s. More recent developments involve the use of information derived from mutation rates of a group of genetic markers, known as short tandem repeats, located on the Y-chromosome (Y-STRs), which enables us to differentiate from paternally related male persons. Scientists, including those in our laboratory at UP Diliman (www.dnaforensic.org), are continuing to search for new and better polymorphic markers for purposes of human identification. This work will be undertaken within the Program on Forensics and Ethnicity of the Philippine Genome Center wherein advances in genomics such as next generation sequencing technology (NGS), as well as microarray work, will be used to accelerate the process of discovery of genes which are highly variable in Philippine populations (www.pgc.up.edu.ph). Secondly, the development of more robust reaction mixes coupled with shorter PCR products has also opened the possibility of re-testing old case samples which may have yielded negative results such as in cold cases, or in the re-opening of cases wherein prisoners continue to claim their innocence and relevant biological samples are still available (post-conviction DNA testing). Recently, the Innocence Project Philippines Network was launched at the National Bilibid Prison and the Correctional Institute of Women (https://www.facebook.com/InnocenceProject Philippines). The Network consists of student volunteers in legal aid clinics of the law schools of the University of the Philippines, De La Salle University and Ateneo de Davao; law faculty, lawyers providing pro-bono work, NGOs, private citizens and scientists at the UP DNA laboratory who are working together to evaluate prospective wrongful conviction cases. In its initial phase, the volunteers are tasked to find cases that have become final and executory but that may be re-opened for post-conviction DNA testing following the Rules on DNA Evidence that was promulgated by the Supreme Court in 2007. In the Philippines wherein DNA testing of cases such as People vs. Hubert Webb et al. and People vs. Paco Larranaga et al. could have provided answers to many questions and confirmed or negated witnesses’ testimonies, the use of post-conviction DNA testing, that is now recognized by the Supreme Court, remains to be realized. Thirdly, the US FBI recently reported the development of faster and portable DNA analytical systems that would allow investigators to generate DNA profiles on site, thereby increasing the chances of apprehending the real perpetrator almost in real time. The speed and accuracy of these portable DNA systems are crucial in criminal investigations. In the Philippines where no DNA legislation exists governing the collection, handling and storage of crime scene evidence as well as in the establishment and security of criminal databases, the use of these analytical systems will not have its maximum effect. More importantly, as science, particularly genetics, continues to expand its forensic applications, there is an urgent need for revising the curriculum of relevant courses such as criminology, public administration, political science and law, into incorporating relevant science and genetics topics, in order to improve the education of our future law enforcement personnel, administrators, politicians, legislators, lawyers and judges. Only with an increased appreciation and recognition of science and its numerous uses at the service of society, could we maximize the fruits of scientific research and discoveries that scientists, including Philippine scientists, are making for the good of all. 
 
 
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The author, Maria Corazon A. De Ungria, Ph.D., received the NAST Outstanding Young Scientist Award in 2003 
for Molecular Biology. She is the current head of the DNA Analysis 
Laboratory, Natural Sciences Research Institute of UP Diliman, the 
director of the Program on Forensic and Ethnicity of the Philippine 
Genome Center, and a member of the Board of the Innocence Project 
Philippines Network. She has appeared as expert witness in cases 
involving disputed parentage issues and in relation to criminal cases. 
She provided her technical assistance during the formulation of the 
Rules on DNA Evidence and her opinion on different bills regarding 
forensic DNA technology. The UP-NSRI DNA Laboratory continues to offer 
its parentage testing and DNA profiling expertise as part of its 
commitment to serve the community. The laboratory may be contacted at 
632 9252965, 639189136284 and <a href="mailto:updnalab@gmail.com">updnalab@gmail.com</a>. 
 
 
 
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Culture-Living Scene Scene-People Social Service Forensic DNA technology: A powerful tool for judicial reform

DNA testing is the most powerful tool for human identification. Since its discovery in the mid-1980s, DNA profiling had caused a paradigm sh...

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