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Monday, June 30, 2014

REVISED REGULATIONS ON LEGITIMATE PARTIES/REPRESENTATIVES AUTHORIZED TO APPEAR DURING INTERVIEW ON APPLICATIONS FOR SECTION 9(g) COMMERCIAL VISA

Operations Order No. SBM-2014-020A

REVISED REGULATIONS ON LEGITIMATE PARTIES/REPRESENTATIVES AUTHORIZED TO APPEAR DURING INTERVIEW ON APPLICATIONS FOR SECTION 9(g) COMMERCIAL VISA

To institutionalize, standardize and identify who are authorized to appear during the hearing/interview conducted by Hearing Officers on application for Section 9(g) Commercial Visa, the following are hereby ordered:

Section 1. -Legitimate Parties/Representatives.- The legitimate persons/representatives are limited to the following:

A. For the Petitioner:
1. Corporation/Partnership - Executive officers as indicated in the Articles of Incorporation/Partnership or latest General Information Sheet (GIS);
2. Single Proprietorship - Registered owner as indicated in the valid Certificate of Business Registration issued by the Department of Trade and Industry (DTI). 

B. For the Applicant:
1. The applicant himself/herself; no representative shall be allowed.

Section 2. Other Officers. - Officers of the petitioners other than those identified in Section 1(A)(1) may represent the said petitioner provided they are authorized by such executive officers through a Special Power of Attorney.

Section 3. Legal Counsels. - Legal Counsel/s of petitioner corporation, partnership or single proprietorship may represent and appear in behalf of said petitioners, its executive officers or registered owner provided they are authorized through a Special Power of Attorney issued by the officer who signed the Consolidated General Application Form (CGAF), Board of Directors' Resolution or Corporate Secretary's Certificate, as the case may be.

Section 4. Travel Agents and Liaison Officers. - Travel Agents and Liaison Officers are not authorized to represent and appear in behalf of the petitioner notwithstanding the issuance of a Special Power of Attorney in their favour.

Section 5. Non-Compliance. – Non-compliance with the Order shall result in the dismissal of the visa application without prejudice to its re-filing.

Section 6. Repealing Clause. – All previous issuances inconsistent herewith are hereby repealed and/or modified accordingly.

Section 7. Effectivity.- This Order shall take effect immediately upon approval.



CGRLAW & Associates

5F First Global Building, 122 Gamboa Street
corner Salcedo Street, Legaspi Village, Makati City
Tel. No. (+63 2) 985 4322
email: claude.requino@cgrlaw.tk
info@cgrlaw.tk
website: http://www.cgrlaw.tk

Saturday, June 21, 2014

Need to Know in Anti-Drunk and Drugged Driving Act (RA 10586 s.2014)


The Implementing Rules and Regulations of the Anti-Drunk and Drugged Driving Act (Republic Act No. 10586) has been approved. The law and regulations aim to protect the motoring public and ensure the safety of pedestrians. Here's what you need to know:

Being flagged down

A deputized law enforcement officer (LEO) cannot simply flag down any motorized vehicle and subject the driver to a sobriety test. An officer can only proceed with screening a driver when there is reasonable ground (see: probable cause definition in IRR) to believe that the driver is under the influence of alcohol or drugs, i.e., after witnessing a traffic offense.

How the driver is tested

Field Sobriety Test

Eye test: You must follow with your eyes an object that the officer moves horizontally, a foot away from the your face.

Walk-and-turn test: You must walk nine steps forward in a straight line, turn, and then walk back the same distance.

One-leg stand: You must be able to stand on one leg and raise the other at least 6 inches from the ground and hold that position for thirty seconds.


Alcohol Breath Analyzer (ABA) Test:

If you do not pass the field sobriety test, you will be asked to take the ABA, or breathalizer, test to analyze your blood alcohol level. To pass this test, the driver has to have a blood alcohol concentration level below 0.05%. Drivers of public utility vehicles, trucks, buses, and motorcycles, however have to have a blood alcohol level of 0.0%

Drug Test

If there is reasonable grounds to believe that the driver is under the influence of drugs, the law enforcement officer will bring the driver to the nearest police station, where he will be tested for drugs.

Conditions

If you pass the field sobriety test or the breathalizer test, then you will only be sanctioned or penalized for the traffic offense for which you were pulled over, and thus not subject to penalties of Anti-Drunk and Drugged Driving Act.

If you fail any of the field sobriety test, only then will you be subjected to a breathalizer test.

If you fail the breathalizer test, you will you be arrested; in addition to this, your vehicle will be impounded.

If you refuse to take the test then the LEO shall confiscate and revoke your driver's license, in addition to the other traffic penalties

Those who have passed either the field sobriety test or the ABA test are not obligated to take a drug screening test after the fact.

Confiscated licenses shall only be released after the final disposition or lawful order of the courts.

Penalties

If you violate RA 10586, the penalties range from a minimum of 3 months to a maximum of 20 years imprisonment. The fine ranges from P20,000 to P500,000.

If you own a non-professional license then there is a 12-month suspension on the first offense and a permanent revocation for the second.

If you own a professional license then there is only permanent revocation for a single offense.

www.gov.ph


CGRLAW & Associates

5F First Global Building, 122 Gamboa Street?corner Salcedo Street, Legaspi Village, Makati City?Tel. No. (+63 2) 985 4322?email: claude.requino@cgrlaw.tk
info@cgrlaw.tk
website: http://www.cgrlaw.tk

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