Recent Legislations

May 2021 – November 2021

By: Ashley Faye S. Cruz[1]

RA 11576 is titled as, “An Act Further Expanding the Jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts, Amending for the Purpose Batas Pambansa Blg. 129, otherwise known as “The Judiciary Reorganization Act of 1980,” As Amended.

Enacted on July 30, 2021, this law expanded the jurisdiction of first level courts, which are the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts in Civil Cases. Such courts now have exclusive original jurisdiction over civil actions and probate proceedings, testate and intestate, including the grant of provisional remedies in proper cases, where the value of the personal property, estate, or amount of the demand does not exceed Two million pesos (P2,000,000.00), exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses, and costs.

Similarly, first level courts’ jurisdiction was expanded to cover actions involving title to, or possession of, real property, or any interest where the assessed value of the property or any interest does not exceed Four hundred thousand pesos (P400,000.00) exclusive on interest, damages of whatever kind, attorney’s fees, litigation expenses and costs.[2]

Meanwhile, Section 1 of the law, which amending Section 19 of B.P. 129 or the Judiciary Reorganization Act of 1980, provides that in all civil actions which involve the title to, or possession of, real property, or any interest in such, if the assessed value exceeds four hundred thousand pesos (P400,000), Regional Trial Courts (RTC) shall exercise exclusive original jurisdiction.

Likewise, it increased the value cognizable by RTC to an amount exceeding two million pesos (P2,000,000), in all action in admiralty and maritime jurisdiction demands or claims, gross value of the estate in all matters of probate, both testate and intestate, and in all other cases in which the demand, exclusive of interest, damages, of whatever kind, attorney’s fees, litigations expenses and consists of value of the property in controversy.[3]

Section 3 of the Same Act delegated to the Supreme Court the authority to adjust the jurisdictional amounts for the first and second level courts to (1) reflect the extraordinary supervening inflation or deflation or currency, (2) reflect change in the land valuation, or (3) maintain the proportion of careload between first and second level courts.[4]

RA 11572, or “An Act Establishing The Philippine Energy Research And Policy Institute, Defining Its Objectives, Powers, And Functions, And Providing Funds Therefor” also known as “Philippine Energy Research And Policy Institute Act” was enacted on July 30, 2021. It established the Philippine Energy Research and Policy Institute, an independent agency attached to the University of the Philippines. One of the objectives of the Institute is to conduct pertinent independent multidisciplinary or transdisciplinary energy research and policy development on energy issues.

Among those powers of the Institute is to formulate and conduct research and development on energy, energy technology and public policy issues in energy markets, and establish linkages with government agencies.

RA 11592, or “An Act Establishing The Regulatory Framework For The Safe Operations Of The Liquefied Petroleum Gas Industry, Delineating The Powers And Functions Of Various Government Agencies, Defining And Penalizing Certain Prohibited Acts”, also known as the LPG Industry Regulation Act, which was enacted on October 14, 2021, is based on the policy of the State to protect the interests of end-consumers, ensure their general welfare, and establish standards of conduct for business. One of the Act’s aims is to institute reforms in the existing standards of conduct and codes for practice for liquefied petroleum gas (LPG) industry[5]. The lead agency responsible for the implementation and enforcement of the Act shall be the Department of Energy (DOE)[6]. It also added functions on the part of the Department of Interior Local Government (DILG) to coordinate and cooperate with the DOE for the orderly and effective implementation of the Act.[7]

The Act also has relevant provisions for registrations of bulk suppliers, refillers and bulk consumers before commencement of construction of terminals and refilling plants, as well as a license to operate prior to the commencement of commercial operations.[8] It also provided for prohibited acts such as engaging in activities without the required licenses, permits, and certificates, and engaging in activities with or as an authorized person.[9]

Pursuant to the policy of the State to regulate all forms of legal gambling, while not endorsing it[10], the Congress enacted RA 11590 or “An Act Taxing Philippine Offshore Gaming Operations, Amending For The Purpose Sections 22, 26, 27, 28, 106, 108, And Adding New Sections 125-A And 288(G) Of The National Internal Revenue Code Of 1997, As Amended, And For Other Purposes” on September 22, 2021.

Among the significant provisions is the imposition of 25% Final Withholding Tax on gross income of alien individuals employed and assigned in the Philippines by an offshore gaming licensee or its service provider, regardless of residency and employment/work visa.[11] The Act also designated a new section in the National Internal Revenue Code of 1997, as amended, imposing a 5% gaming tax on gross gaming revenue/receipts or agreed predetermined minimum monthly revenue/receipts from gaming, whichever is higher, to offshore gaming licenses, in lieu of all other direct and indirect internal revenue taxes and local taxes, with respect to gaming income.[12] Accordingly, the Act defined gross gaming revenue or receipts to mean gross wagers less payouts.  

For the service providers, regular income tax is imposed on their net taxable income.[13] Furthermore, under this Act, the sale of goods,  properties or services to offshore gaming licensees subject to gaming tax under Sec.125-A of the National Internal Revenue Code (NIRC), is also subjected to zero percent Value Added Tax(VAT)[14]

For the policy of the State to ensure public safety through the prevention and suppression of all kinds of destructive fires,  [15] the Congress created the RA 11589 or “An Act Strengthening And Modernizing The Bureau Of Fire Protection And Appropriating Funds Therefor”, also known as the Bureau of Fire Protection Modernization Act, on September 10, 2021. It establishes the Bureau of Fire Protection (BFP) Modernization Program to enhance the capability of its personnel and to acquire state-of-the-art fire prevention, fire suppression, fire investigation, and emergency medical and rescue services facilities and equipment. It includes establishment of rescue hotlines in all LGU, and upgrading technology.[16]

The Act also established the BFP Modernization Trust Fund, which will be used exclusively for the implementation of the BFP Modernization Program, including all the expenses necessary for the procurement of facilities, machineries, equipment, and services.[17]

The BFP Modernization Program shall be implemented over a period of 10 years.[18] Moreover, a Joint Congressional Oversight Committee to monitor and oversee the implementation of the provisions of this Act.[19]

RA 11573 is titled, “An Act Improving The Confirmation Process For Imperfect Land Titles, Amending For The Purpose Commonwealth Act No. 141, As Amended, Otherwise Known As “The Public Land Act,” And Presidential Decree No. 1529, As Amended, Otherwise Known As The “Property Registration Decree”, which was enacted on July 16, 2021. This law is enacted pursuant to the policy of the State, as embodied in Section 1 of the Act, to update and harmonize similar and related provisions of land laws in order to simplify and remove ambiguity in its interpretation and implementation, as well as to provide land tenure security by continuing judicial and administrative titling process.[20]

The law seeks to streamline the land titling application processes for alienable and disposable agricultural lands. It shortened the required period of possession for confirmation of imperfect titles to twenty (20) years and removed the deadline for agricultural free patent applications. [21] Furthermore, all applications for agricultural free patents shall be filed before the Community Environment and Natural Resources Office (CENRO) of the Department of Environment and Natural Resources (DENR) or the Provincial Environment and Natural Resources Office (PENRO), for provinces with no CENRO. They are directed to process the application within one hundred and twenty (120) days. [22]

RA 11594, also known as An Act Increasing The Penalties For Perjury, Amending For The Purpose Articles 183 And 184 Of Act No. 3815, As Amended, Otherwise Known As “The Revised Penal Code”, which was enacted on October 29, 2021, increased the penalty for the crime of False testimony in other cases under Article 183 of the  Revised Penal Code, to prison mayor in its minimum period to prison mayor in its medium period. It likewise added a fine One million pesos (P 1,000,000.00) and perpetual disqualification from holding any appointive or elective position in the government or in any agency, entity or instrumentality thereof, to the crime of Perjury in solemn affirmation if the offender is a public officer or employee.[23]

RA No. 11593, or An Act Resetting The First Regular Elections In The Bangsamoro Autonomous Region In Muslim Mindanao, Amending For The Purpose, Section 13, Article XVI Of Republic Act No. 11054, Otherwise Known As The “Organic Law For The Bangsamoro Autonomous Region In Muslim Mindanao”, was enacted on October 29, 2021. It amended Section 13, Article XVI of Republic Act No. 11054, otherwise known as the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao. It says that the first regular election under the Organic Law shall be held and synchronized with the 2025 national elections.[24]

RA 11551 or An Act Integrating Labor Education In The Tertiary Education Curriculum, also known as “Labor Education Act”, was enacted on May 27, 2021. One of the provisions of the Act was that all public and private higher education institutions (HEIs) shall integrate labor education as part of an elective course; and hold a Labor Empowerment and Career guidance conference which graduate students shall attend.[25]

RA 11569, also known as An Act Extending The Estate Tax Amnesty And For Other Purposes, Amending Section 6 Of Republic Act No. 11213, Otherwise Known As The “Tax Amnesty Act”, was enacted on June 30, 2021.  Under this law, persons who wish to avail of the Estate Tax Amnesty shall, from June 15, 2021 until June 14, 2023, file a sworn Estate Tax Amnesty Return. The payment of the amnesty tax shall be made at the time the Return is filed.[26]


[1] UST Law Review Volume 66 Research Editor

[2] An Act Further Expanding the Jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts, Amending for the Purpose Batas Pambansa Blg. 129, otherwise known as “The Judiciary Reorganization Act of 1980,” As Amended, RA 11576, sec. 2, (2021).

[3] RA 11576, sec. 1.

[4] RA 11576, sec. 3.

[5] LPG Industry Regulation Act, RA 11592, sec. 2 (2021).

[6] RA 11592, sec. 5.

[7] RA 11592, sec. 8.

[8] RA 11592, sec. 23.

[9] RA 11592, sec. 38.

[10] An Act Taxing Philippine Offshore Gaming Operations, Amending For The Purpose Sections 22, 26, 27, 28, 106, 108, And Adding New Sections 125-A And 288(G) Of The National Internal Revenue Code Of 1997, As Amended, And For Other Purposes, RA 11590, sec. 1, (2021).

[11] RA 11590, sec. 3.

[12] RA 11590, sec. 8.

[13] RA 11590, sec. 4.

[14] RA 11590, secs. 6 and 7.

[15] An Act Strengthening And Modernizing The Bureau Of Fire Protection And Appropriating Funds Therefor, RA 11589, sec. 2, (2021).

[16] RA 11589, sec. 4.

[17] RA 11589, sec. 7.

[18] RA 11589, sec. 9.

[19] RA 11589, sec. 11.

[20] An Act Improving The Confirmation Process For Imperfect Land Titles, Amending For The Purpose Commonwealth Act No. 141, As Amended, Otherwise Known As “The Public Land Act,” And Presidential Decree No. 1529, As Amended, Otherwise Known As The “Property Registration Decree”, RA 11573, sec. 1, (2021).

[21] RA 11573, sec. 2.

[22] RA 11573, sec. 3.

[23] An Act Increasing The Penalties For Perjury, Amending For The Purpose Articles 183 And 184 Of Act No. 3815, As Amended, Otherwise Known As “The Revised Penal Code”, RA 11594, sec.1, (2021).

[24] An Act Resetting The First Regular Elections In The Bangsamoro Autonomous Region In Muslim Mindanao, Amending For The Purpose, Section 13, Article XVI Of Republic Act No. 11054, Otherwise Known As The “Organic Law For The Bangsamoro Autonomous Region In Muslim Mindanao”, RA 11593, sec. 1, (2021).

[25] An Act Integrating Labor Education In The Tertiary Education Curriculum, also known as “Labor Education Act”, RA 11551, sec. 4, (2021).

[26] An Act Extending The Estate Tax Amnesty And For Other Purposes, Amending Section 6 Of Republic Act No. 11213, Otherwise Known As The “Tax Amnesty Act”, RA 11569, sec. 1, (2021).

ULR

The UST Law Review is the official legal publication of the Faculty of Civil Law.