Foreign corporations doing business in the Philippines are required by law to obtain the license to do so. Otherwise, they are barred from seeking redress from any Philippine court. Republic… Read more »
What constitutes doing business in the Philippines? The term “doing business” is defined in Section 3(d) of Republic act No. 7042 or the Foreign Investments Act of 1991. In… Read more »
Under the Tax Code, the employer has the duty to withhold and remit the taxes on compensation of their employers. It is essential for the employers to know that the… Read more »
Posted on September 15, 2013|Comments Off on May an Employer who Failed to Comply with the Provisions of RA 1161 Use Good Faith and Lack of Criminal Intent as a Valid Defense
Is good faith a valid defense in a suit for violating the requirements of RA 1161? In the case of Tan, Domingo and Lim vs. Ballena et al (GR No…. Read more »
RA 1161 or the Social Security Law imposes a number of obligations for employers. Most of the employers, however, are unaware of these obligations. In many cases, they are… Read more »
Posted on September 14, 2013|Comments Off on Does the transfer of the director’s shares to the buyer extinguish his criminal liability for failure to remit the loan amortization to the SSS
Is the transfer of the director’s shares to the buyer enough to extinguish criminal liability for failure to remit the loan amortizations to the SSS? One of the defenses that… Read more »
Does an employee have to seek prior consent from SSS before he may file a suit in court against his employer for failure to remit the SSS loan contributions? One… Read more »
Posted on September 13, 2013|Comments Off on Is there a prescriptive period for filing an action against the employer to remit to the SSS the employee’s unpaid contribution?
Is there a prescriptive period for filing an action against the employer to remit to the SSS the employee’s unpaid contribution? In many cases, employees are not aware whether the… Read more »
Posted on September 13, 2013|Comments Off on May an employer escape criminal liability by offering property to SSS as payment for their failure to remit monthly contribution?
Section 28 (e) of RA 1161 or the Social Security Law provides for penal sanctions against employers who file to remit their monthly contribution to the SSS. Under the… Read more »
How to Determine Whether a Foreign Corporation May Sue or Be Sued in Philippine Courts A foreign corporation may discover that a competitor which is doing business in the Philippines… Read more »