GUIDELINES FOR THE PAYMENT OF WAGES AND OTHER BENEFITS ON JANUARY 31, 2014 (SPECIAL NON-WORKING HOLIDAY)

 

January 31, 2014 (Friday) was declared a Special Non-Working Holiday by President Benigno S. Aquino III under Proclamation No. 655.  The Department of Labor and Employment issued Labor Advisory No. 14 Series of 2013 providing for the following guidelines for the payment of wages and other benefits to an employee on January 31, 2014.

 

1. If the employee did not work on January 31, 2014, the “no work, no pay” principle shall apply, unless there is a a favorable company policy, practice or Collective Bargaining Agreement (CBA) granting payment on a special non-working holiday;

 

2. For work done on January 31, 2014, the employee shall be paid an additional 30% of his/her daily rate for the first eight (8) hours of work.  (Daily Rate x 130% + Cost of Living Allowance);

 

3. For work done in excess of eight hours (overtime work), the employee shall be paid an additional 30% of his/her hourly rate on said day. (Hourly Rate of the Basic Daily Wage x 130% x 130% x number of hours worked);

 

4. For work done on January 31, 2014 that also falls on an employee’s rest day, he/she shall be paid an additional 50% of his/her daily rate on the first eight (8) hours of work. (Daily Rate x 150% + Cost of Living Allowance);

 

5. For work done in excess of eight hours on January 31, 2014 that also falls on an employee’s rest day, the employee shall be paid an additional 30% of his/her hourly rate on said day. (Hourly Rate of the Basic Daily Wage x 150% x 130% x number of hours worked);

 

Source: www.dole.gov.ph

JINAN XINGHUO TECHNOLOGY DEVELOPMENT CO., LTD. APPOINTS ESTREBILLO LAW OFFICE AS ITS AGENT IN THE PHILIPPINES

 

 

Jinan Xinghuo Technology Co., Ltd. is a company engaged in research development, marketing and sales of machinery in four (4) major fields, namely: 1) construction engineering; 2) oil drilling; 3) mining; and 4) parts services.  Jinan Xinghuo Technology Developments is the first and largest company involved in the research and development of skid steer loader and amphibious excavator in the People’s Republic of China.

 

Since its establishment, Jinan Xinghuo Technology Development Co., Ltd. has placed Research and Development as its “working center”.  It has invested more than US$140,000.00 yearly in training, research and development, and instrument or processing equipment maintenance or replacement. The company had jointly set up R & D Centers with the Beijing University of Aeronautics and Astronautics, Shandong University, and Shandong Communication Insitute, among others.

 

As an export oriented company, ninety (90%) percent of its sales come from Europe, Africa, America, Ocenia, and some districts of Asia.  At present, the company’s registered brands, AULLAY and RHINO, have gained goodwill and are widely accepted by customers all over the world.

 

On 13 February 2012, Jinan Xinghuo Technology Development Co., Ltd. appointed Estrebillo Law Office as its agent or representative and attorney in fact in relation to its trademark applications in the Philippines.  The Intellectual Property Office of the Philippines was formally notified of such appointment on 17 February 2012.

 

Source: www.trade.e-to-china.com

DR. FALK PHARMA GMBH APPOINTS ESTREBILLO LAW OFFICE AS ITS AGENT AND ATTORNEY IN FACT IN THE PHILIPPINES

 

 

Dr. Falk Pharma GmbH is an independent family firm based in Freiburg im Breigau, Germany.  Its innovative drugs for bowel and liver diseases are sold in 61 countries, including the Philippines. The company’s pharmaceuticals are used for successfully treating inflammatory bowel disease, cholestatic liver disease, irritable bowel syndrome, and constipation, as well as for colon cleansing prior to colonoscopies.

 

Dr. Falk Pharma GmbH specializes in the development and sales of medication for indications in hepatology and gastroenterology. It focuses on modern formulation and specially designed delivery systems to ensure targeted release of the active drug.

 

In 1974, the company launched Chenofalk®, the first ever bile acid for the medicinal dissolution of gall-bladder stones. This was followed by the second bile acid preparation, Ursofalk®, which is still the leading medication for the treatment of cholestatic liver diseases today. In 1984, the company brought out Salofalk®, the world’s first mesalazine preparation for treating inflammatory bowel diseases. In 1998, it added to its wide range of products for the treatment of inflammatory bowel disease Budenofalk®, a corticosteroid product for topical action.

 

Dr. Falk Pharma GmbH appointed Estrebillo Law Office as its agent or representative and attorney in fact in relation to its existing Letters Patent and Certificates of Registration, as well as new patent and trademark applications in the Philippines.  The Intellectual Property Office of the Philippines was formally notified of such appointment on 13 December 2011.

 

Source: www.drfalkpharma.de

RENAISSANCE HOTEL HOLDINGS, INC. appoints ESTREBILLO LAW OFFICE as its Agent in the Philippines

Renaissance Hotels is a worldwide brand of hotels and resorts catering to an upmarket segment of the traveling public. With over 145 Renaissance Hotels all over the world, a discriminating traveler can choose from any of its historic icons, chic boutiques and luxurious resorts offering its own personality, local flavor, distinctive style and charm.

On 03 December 2010, Renaissance Hotel Holdings, Inc. appointed Estrebillo Law Office as its attorney-in-fact and agent in the Philippines in relation to its registered trademark “Renaissance”. The Intellectual Property Office of the Philippines was formally notified of the said appointment on 06 December 2010.

PRESCRIPTIVE PERIOD FOR FILING CLAIM FOR REFUND OR CREDIT OF UNUTILIZED INPUT VALUE ADDED TAX (VAT)

Creditable input Value Added Tax (VAT) is an indirect tax the amount of which may be shifted or passed on to the buyer, transferee or lessee of the goods, properties or services. Any VAT-registered person, whose sales are zero rated or effectively zero rated may apply for the issuance of tax credit certificate or refund of creditable input tax due or paid attributable to such sales, except transitional input tax, to the extent that such input tax has not been applied against output tax.

The Supreme Court, in the case of Commissioner of Internal Revenue vs. Aichi Forging Company of Asia, Inc. (G.R. No. 184823, 06 October 2010) reiterated that the prescriptive period for filing a claim for refund or credit of unutilized input VAT is governed by Section 112 (A) of the National Internal Revenue Code of 1997 (NIRC). Section 112 (A) of the NIRC provides that the claim must be filed within two (2) years after the close of the taxable quarter when the sales were made. The High Court further ruled that the prescriptive period provided for under Sections 204 (C) and 229 of the NIRC are not applicable to claims for refund or credit of unutilized input VAT since both provisions of law only apply to instances of erroneous payment or illegal collection of internal revenue taxes. The fact that the subsequent sale or transaction involves a wholly-tax exempt client, resulting in a zero-rated or effectively zero-rated transaction, does not, standing alone, deprive the VAT-registered individual of his right to a refund for any unutilized creditable input VAT, hence payment of the VAT cannot be considered as erroneous or illegal.

The computation of the two (2) year prescriptive period was also clarified by the Highest Court of the land due to the conflicting provisions of the Civil Code of the Philippines and the Administrative Code of 1987 on the computation of legal periods. Article 13 of the Civil Code states that a year is equivalent to 365 days whether it be a regular year or a leap year. On the other hand, Section 31, Chapter VIII, Book I of the Administrative Code of 1987 provides that a year is composed of 12 calendar months, regardless of the number of days in a month. The Supreme Court ruled that Section 31, Chapter VIII, Book I of the Administrative Code of 1987, being the more recent law, governs the computation of legal periods. Thus, the two (2) year prescriptive period provided for in Section 112 (A) of the National Internal Revenue Code means 24 months and not 365 days. The importance of this ruling comes into play when the last day for filing the claim falls on a leap year (366 days).

EASIER WAY OF ACQUIRING LAND TITLE OVER UNREGISTERED LANDS CLASSIFIED AS RESIDENTIAL

Filipinos will now be able to have the unregistered lands they are occupying in zoned residential areas titled with shorter occupancy eligibility, less documentary requirements, shorter administrative proceedings, and with no added restrictions.

Republic Act No. 10023, otherwise known as “An Act Authorizing the Issuance of Free Patents to Residential Lands”, was signed by President Gloria Macapagal Arroyo on 09 March 2010. The new law allows the issuance of free patents to all zoned residential areas not intended for public use or public service. Area of land that may be applied for titling shall not exceed 200 square meters for highly urbanized cities; 500 square meters for other cities; 750 square meters for first and second class municipalities; and 1,000 square meters for other municipalities.

The applicant must be occupying the land applied for titling for a minimum period of only 10 years. He needs to submit to the Department of Environment and Natural Resources (DENR) Community Environment and Natural Resource Office the following documentary requirements: 1) DENR approved survey plan; 2) technical description of the land applied for; and 3) affidavit of two (2) disinterested persons from the same area. Under the law, the application must be processed within a period of only120 days. The recommendation shall then be approved or disapproved by the Provincial Environment and Natural Resources Office within 5 days.

Restrictions after issuance of the patent under Commonwealth Act No. 141, such as the 5 year ban on encumbrance and alienation and 5 year right to repurchase,  are not applicable to patents issued under Republic Act No. 10023.
The government claims that approximately 39 million Filipinos occupying 7.8 million parcels of untitled land classified as residential areas stand to benefit under this new law

VERLAG AENNE BURDA GMBH & CO., KG APPOINTS ESTREBILLO LAW OFFICE AS ATTORNEY AND AGENT IN THE PHILIPPINES

Posted by Estrebillo on Mar 29th, 2010

Verlag Aenne Burda GmbH & Co., KG is a world renowned fashion printing and publishing company founded in 1949 in the town of Offenburg, Germany. It’s founder, Aenne Burda, is an “icon of the 20th century”, “Empress of Fashion”, and “Germany’s economic miracle woman”. With her glamorous rise from the daughter of a railway worker to the publisher of the biggest fashion magazine in the world, she proved that miracles can indeed happen.
The first issue of “Burda Moden” magazine appeared in 1950. It soon became the world’s best selling magazine for home dressmakers with circulations in 89 countries in 16 languages. “Burda Moden” was the first western magazine to be published in the Soviet Union in 1987 and in the People’s Republic of China in 1994.[1]

On 11 March 2010, Verlag Aenne Burda GmbH & Co., KG appointed Estrebillo Law Office as its attorney and agent in the Philippines in relation to its trademark “burda”.  The Intellectual Property Office of the Philippines was formally notified of the said appointment on 22 March 2010.


[1] Source: www.burdafashion.com

  • RAMADA INTERNATIONAL, INC. appoints ESTREBILLO LAW OFFICE as its Agent in the Philippines

With nearly 875 hotels in more than 35 countries, Ramada Worldwide is a global presence that provides a familiar haven for travelers. Positioned to appeal to mid-market leisure and business travelers, Ramada® hotels offer guests a harmonious blend of comfort and affordability.[1]

Sometime in December 2009, Ramada International, Inc. appointed Estrebillo Law Office as its attorney-in-fact and agent in the Philippines in relation to its registered trademark “Ramada”.  The Intellectual Property Office of the Philippines was formally notified of the said appointment on 05 January 2010.


[1]   Source: www.ramada.com

VERLAG AENNE BURDA GMBH & CO., KG APPOINTS ESTREBILLO LAW OFFICE AS ATTORNEY AND AGENT IN THE PHILIPPINES

Burdastyle-magazine_large

Verlag Aenne Burda GmbH & Co., KG is a world renowned fashion printing and publishing company founded in 1949 in the town of Offenburg, Germany. It’s founder, Aenne Burda, is an “icon of the 20th century”, “Empress of Fashion”, and “Germany’s economic miracle woman”. With her glamorous rise from the daughter of a railway worker to the publisher of the biggest fashion magazine in the world, she proved that miracles can indeed happen.

The first issue of “Burda Moden” magazine appeared in 1950. It soon became the world’s best selling magazine for home dressmakers with circulations in 89 countries in 16 languages. “Burda Moden” was the first western magazine to be published in the Soviet Union in 1987 and in the People’s Republic of China in 1994.[1]

On 11 March 2010, Verlag Aenne Burda GmbH & Co., KG appointed Estrebillo Law Office as its attorney and agent in the Philippines in relation to its trademark “burda”.  The Intellectual Property Office of the Philippines was formally notified of the said appointment on 22 March 2010.

 

RAMADA INTERNATIONAL, INC. appoints ESTREBILLO LAW OFFICE as its Agent in the Philippines

With nearly 875 hotels in more than 35 countries, Ramada Worldwide is a global presence that provides a familiar haven for travelers. Positioned to appeal to mid-market leisure and business travelers, Ramada® hotels offer guests a harmonious blend of comfort and affordability.[1]
Sometime in December 2009, Ramada International, Inc. appointed Estrebillo Law Office as its attorney-in-fact and agent in the Philippines in relation to its registered trademark “Ramada”.  The Intellectual Property Office of the Philippines was formally notified of the said appointment on 05 January 2010.