2014 Regular Holidays, Special Days, and Special Holidays

DECLARING THE REGULAR HOLIDAYS, SPECIAL (NON-WORKING) DAYS, AND SPECIAL HOLIDAY (FOR ALL SCHOOLS) FOR THE YEAR 2014

WHEREAS, Republic Act (RA) No. 9492, dated 24 July 2007, amended Section 26, Chapter 7, Book I of Executive Order (EO) No. 292, also known as the Administrative Code of 1987, by declaring certain days (specific or movable) as special or regular holidays;

WHEREAS, RA No. 9492 provides that holidays, except those which are religious in nature, are moved to the nearest Monday unless otherwise modified by law, order or proclamation;

WHEREAS, RA No. 9849 provides that the Eidul Adha shall be celebrated as a national holiday;

WHEREAS, the EDSA People Power Revolution, which restored and ushered political, social and economic reforms in the country, serves as an inspiration to Filipinos everywhere as a nation and as a people;

WHEREAS, on 31 January 2014, the Chinese nationals all over the world will celebrate Spring Festival, popularly known as the Chinese New Year, which is one of the most revered and festive events celebrated not only in China but also in the Philippines by both Chinese-Filipinos and ordinary Filipinos as well; and the joint celebration is a manifestation of our solidarity with our Chinese-Filipino brethren who have been part of our lives in many respects as a country and as a people; 31 January 2014 may be declared as a special (non-working) day without detriment to public interest;

WHEREAS, Saturday, 19 April 2014 falls between Good Friday and Easter Sunday; Black Saturday, falling between Good Friday and Easter Sunday, has been traditionally declared a special (non-working) day throughout the country because the observance of Holy Week is one of our people's most cherished traditions and they must be given the full and uninterrupted opportunity to ponder the significance of Holy Week and to properly observe its traditions with religious fervor, without prejudice to public interest;

WHEREAS, in order to foster closer family ties and enable our countrymen to observe Christmas more meaningfully, it is but fitting to declare 24 December (Wednesday) and 26 December 2014 (Friday) as additional special (non-working) days throughout the country;

NOW, THEREFORE, I, BENIGNO S. AQUINO III, by virtue of the powers vested in me by the Constitution as President of the Philippines, do hereby declare:

SECTION 1. The following regular holidays and special days for the year 2014 shall be observed in the country:

A. Regular Holidays
New Year's Day                                           -    1    January (Wednesday)
Araw ng Kagitingan                                                -    9    April (Wednesday)
Maundy Thursday                                       -    17    April
Good Friday                                                  -    18    April
Labor Day                                                      -    1    May (Thursday)
Independence Day                                      -    12    June (Thursday)
National Heroes Day                                   -    25    August (Last Monday of August)
Bonifacio Day                                               -    30    November (Sunday)
Christmas Day                                              -    25    December (Thursday)
Rizal Day                                                       -    30    December (Tuesday)

B. Special (Non-Working) Days
Chinese New Year                                      -    31    January (Friday)
Black Saturday                                             -    19    April
Ninoy Aquino Day                                       -    21    August (Thursday)
All Saints Day                                               -    1    November (Saturday)
Additional special (non-working) days    -    24    December (Wednesday)
                                                                        -    26    December (Friday)
Last Day of the Year                                    -    31    December (Wednesday)

C. Special Holiday (for all schools)
EDSA Revolution Anniversary    25    February (Tuesday)

SECTION 2. The proclamations declaring national holidays for the observance of Eid'l Fitr and Eidul Adha shall hereafter be issued after the approximate dates of the Islamic holidays have been determined in accordance with the Islamic calendar (Hijra) or the lunar calendar, or upon Islamic astronomical calculations, whichever is possible or convenient. To this end, the National Commission on Muslim Filipinos (NCMF) shall inform the Office of the President on which days the holidays shall respectively fall.

SECTION 3. The Department of Labor and Employment (DOLE) shall promulgate the implementing guidelines for this Proclamation.

SECTION 4. This Proclamation shall take effect immediately.

SECTION 5. This Proclamation shall be published in a newspaper of general circulation.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed.

Done in the City of Manila, this 25th day of September, in the year of Our Lord, Two Thousand and Thirteen.

(Sgd.) BENIGNO S. AQUINO III

By the President:
(Sgd.) PAQUITO N. OCHOA, JR.
Executive Secretary

CGRLAW & Associates
Campos Rueda Building, Unit 408
101 Export Drive, Makati City
Tel. No. (+63 2) 985 4322/  (+63 2) 889 5210
Mobile: +63 918 948 6092
email:atty.claudio.g.requino@live.com.ph

   claude.requino@cgrlaw.tk

           info@cgrlaw.tk

website: http://www.cgrlaw.tk

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Loan Shark Scam (10% interest per month)

FACTS:

            Peter John Nunez is an employee of Zardo International currently assigned at the Accounting Department as a Payroll Supervisor. He is also the Secretary of the employees association. Reports and complaints have reached the Management of Zardo International that Nunez had been lending money to his co-employee with 10% interest per month. He also collected the ATM cards of the employees and forcibly collects the payment of the loan by withdrawing the money from the ATM cards of the employees.

ISSUES:

            Zardo International sought assistance to determine whether:

1.    The actuation of Nunez in lending with 10% interest is legal.

2.    The actuation of Nunez in collecting the ATM cards and forcing withdrawal as payment is legal

3.    The actuation of Nunez in having a loan business and at the same time employee legal

OPINION:

A.   10% MONTHLY INTEREST ON A LOAN IS VOID AND ILLEGAL

The loan with 10% monthly interest is void, illegal, and has no legal effect. The 10% monthly interest is illegal since it was declared by the Supreme Court as excessive. As point of reference, the Court in a case ruled that 5.5% per month or 66% per annum interest in a loan is excessive, iniquitous, unconscionable and exorbitant (Medel v. Court of Appeals, and Spouses Solangon v. Salazar). Clearly, this is smaller than 10% per month, yet the Court ruled it as illegal. The reasonable rate is 12% per annum (in a year) or 1% per month interest.

Stipulations in a contract authorizing iniquitous or unconscionable interests are contrary to morals, if not against the law (Cauton v. Salud). Under Article 1409 of the Civil Code, these contracts are inexistent and void from the beginning. They cannot be ratified nor the right to set up their illegality as a defense be waived. Therefore, even if the employees who loaned signed a contract agreeing to the 10% interest, this has no effect since it is against morals and law. As a result, it would mean that the contracts have no stipulations on interest at all. The employees who made a loan are not required to pay interest.

B.   COLLECTING ATM AND FORCING WITHDRAWAL AS PAYMENT IS ILLEGAL

The act of collecting ATM cards and forcing withdrawal as payment could fall as a criminal offense of COERCION, punishable under the Revised Penal Code Art. 286 and 287. Any person who, without authority of law, compel another to do something against his will, whether it be right or wrong, is liable for coercion. The act of forcing withdrawal from the ATM, even if the employee has a valid debt is illegal.

C.   BEING EMPLOYED AND MAINTAINING A LOAN BUSINESS IS NOT ILLEGAL PER SE, BUT IF PERFORMRED DURING WORKABLE HOURS AND WITHIN THE PREMISES OF THE COMPANY, IT IS ILLEGAL

The employee when inside the premises of the company must perform actions to the benefit of the company. He is not allowed to engage in any other business during workable hours.  

CGRLAW & Associates
Campos Rueda Building, Unit 408
101 Export Drive, Makati City
Tel. No. (+63 2) 985 4322
Mobile: +63 918 948 6092
email:atty.claudio.g.requino@live.com.ph

   claude.requino@cgrlaw.tk

           info@cgrlaw.tk

website: http://www.cgrlaw.tk

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. You are hereby notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.

WORKING VISA (9G) APPLICATIONS WITH MORE STRICT RULES

WORKING VISA (9G) APPLICATIONS WITH MORE STRICT RULES

The Bureau of Immigration now follows a stricter guideline in the approval of applications for Working VISA (9g). Unlike before that the petitioner would be allowed to supplement his application for deficiencies, the bureau now immediately denies applications that does not comply with the requirements.

Operations Order No. SBM-2013-004-A, issued last August 23, 2013, mandates that the Bureau shall:

1.    Deny all Working VISA applications with multiple TIN in the GIS and ITRs

2.    Deny all Working VISA applications without the required ITRs and GIS

3.    Require all Working VISA petitioners to submit photocopies of their latest ITRs and corresponding Official Receipts (bank teller's validation slip, BIR's eFPS payment details print out or other similar evidence) and not merely the Audited Financial Statement;

4.    Require newly-incorporated corporations to submit photocopy of their BIR Certificate of Registration (BIR Form 2303) or latest Quarterly Income Tax Return (BIR Form 1702Q); and

5.    Require these additional requirements for Sec. 9(g) extension:

a.     Photocopy of applicant's latest ITR's with Official Receipts

b.    Photocopy of the applicant's TIN

Considering this, the applicant for Working VISA (9g- commercial) still needs to submit the following documents:

1.    Letter request from the company (petitioner)

2.    Duly accomplished form BI No. RBR 98-01

3.    2x2 picture attached to the application form

4.    Latest ITR and proof of payment and financial statement of the company (petitioner)

5.    Income tax return and proof of payment of taxes by the employee-applicant

6.    Certified true copy of applicant's contract of employment stating exact salary to be received by the applicant

7.    Alien Employment Permit from the Department of Labor and Employment

8.    True copy of the applicant's passport showing admission status and updated stay

9.    Latest General Information Sheet of the company

10. Income Tax Return of applicant and proof of payment (for extension/ renewal)

Alien Employment Permit is issued by the Department of Labor and Employment to foreign applicant upon determination that no Filipino citizen can perform the position or the scope of work wherein the applicant is being employed.

CGRLAW & Associates
Campos Rueda Building, Unit 408
101 Export Drive, Makati City
Tel. No. (+63 2) 290 5898 /  (+63 2) 889 5210
Mobile: +63 918 948 6092
email:claude.requino@cgrlaw.tk

           info@cgrlaw.tk

website: http://www.cgrlaw.tk

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. You are hereby notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.

TAX EXEMPTIONS ON NON-PROFIT ORGANIZATIONS

TAX EXEMPTIONS ON NON-PROFIT ORGANIZATIONS

With the recent controversy surfaced through Janet Napoles on the Pork Barrel scam, the Bureau of Internal Revenue issued Revenue Memorandum Order No. 20-2013 prescribing new policies and guidelines in the issuance of tax exemption rulings.

Tax exemptions are frown upon by the bureau and stringent scrutiny is expected. The revenue memorandum had practically revoked all tax exemption rulings and required all non-profit organizations to renew their exemptions. The revenue memorandum applies to all tax exemptions ruling given prior to June 30, 2012. Also, all tax exemption rulings are given only for a short period of three (3) years subject to renewal.

The revenue memorandum provided new requirements that add exposure to the officers of the non-profit organizations that may subject them to perjury.

The Revenue District Officer shall strictly examine the Articles of Incorporation and By-laws of the organization. The purpose of the organization must clearly state the provisions of exemptions under Section 30 of the NIRC. This is essential since the purpose of the organization must not include other items that permit activities that will run contrary to a non-tax exempt purpose. Clearly, the purpose of the organization must be limited only to those described in Section 30 of the NIRC. Any items included that do not conform to the NIRC provision will cause the denial of the application.

The officer of the organization must take an oath, under fear of perjury, that no part of the organization's income inure to the benefit of any private individual and that the trustees do not receive any compensation or remuneration. Any profit must be plowed back and must be devoted or used altogether for the furtherance of the purpose for which the corporation or association was organized.

XXX

SEC. 30. Exemptions from Tax on Corporations.chanrobles virtual law library - The following organizations shall not be taxed under this Title in respect to income received by them as such:

(A) Labor, agricultural or horticultural organization not organized principally for profit;

(B) Mutual savings bank not having a capital stock represented by shares, and cooperative bank without capital stock organized and operated for mutual purposes and without profit;

(C) A beneficiary society, order or association, operating fort he exclusive benefit of the members such as a fraternal organization operating under the lodge system, or mutual aid association or a nonstock corporation organized by employees providing for the payment of life, sickness, accident, or other benefits exclusively to the members of such society, order, or association, or nonstock corporation or their dependents;

(D) Cemetery company owned and operated exclusively for the benefit of its members;

(E) Nonstock corporation or association organized and operated exclusively for religious, charitable, scientific, athletic, or cultural purposes, or for the rehabilitation of veterans, no part of its net income or asset shall belong to or inures to the benefit of any member, organizer, officer or any specific person;

(F) Business league chamber of commerce, or board of trade, not organized for profit and no part of the net income of which inures to the benefit of any private stock-holder, or individual;

(G) Civic league or organization not organized for profit but operated exclusively for the promotion of social welfare;

(H) A nonstock and nonprofit educational institution;

(I) Government educational institution;

(J) Farmers' or other mutual typhoon or fire insurance company, mutual ditch or irrigation company, mutual or cooperative telephone company, or like organization of a purely local character, the income of which consists solely of assessments, dues, and fees collected from members for the sole purpose of meeting its expenses; and

(K) Farmers', fruit growers', or like association organized and operated as a sales agent for the purpose of marketing the products of its members and turning back to them the proceeds of sales, less the necessary selling expenses on the basis of the quantity of produce finished by them;

Notwithstanding the provisions in the preceding paragraphs, the income of whatever kind and character of the foregoing organizations from any of their properties, real or personal, or from any of their activities conducted for profit regardless of the disposition made of such income, shall be subject to tax imposed under this Code.

CGRLAW & Associates
Campos Rueda Building, Unit 408
101 Export Drive, Makati City
Tel. No. (+63 2) 290 5898 /  (+63 2) 889 5210
Mobile: +63 918 948 6092
email:atty.claudio.g.requino@live.com.ph

   claude.requino@cgrlaw.tk

           info@cgrlaw.tk

website: http://www.cgrlaw.tk

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. You are hereby notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.