Article 31Supplement v1, p. 31

COMMERCIAL LAWS SUPPLEMENT

correct the transcript done by him. The transcript should

reflect the fact that the proceedings, either in whole or in

part, had been electronically recorded.

SECTION

3.

Storage

of

electronic

evidence .

—

The

electronic evidence and recording thereof as well as the

stenographic notes shall form part of the record of the

case. Such transcript and recording shall be deemed

prima facie evidence of such proceedings.

RULE 11 Audio, Photographic, Video, and

Ephemeral Evidence

SECTION 1. Audio, video and similar evidence . — Audio,

photographic and video evidence of events, acts or

transactions shall be admissible provided it shall be

shown, presented or displayed to the court and shall be

identified, explained or authenticated by the person who

made the recording or by some other person competent

to testify on the accuracy thereof.

SECTION 2. Ephemeral electronic communications . —

Ephemeral electronic communications shall be proven by

the testimony of a person who was a party to the same or

has

personal

knowledge thereof. In the absence or

unavailability

of

such

witnesses,

other

competent

evidence may be admitted.

A recording of the telephone conversation or ephemeral

electronic

communication

shall

be

covered

by

the

immediately preceding section.

If

the

foregoing

communications

are

recorded

or

embodied in an electronic document, then the provisions

of Rule 5 shall apply.

RULE 12 Effectivity

SECTION 1. Applicability to pending cases . — These Rules

shall apply to cases pending after their effectivity.

SECTION 2. Effectivity . — These Rules shall take effect on

the first day of August, 2001 following their publication

before the 20th of July, 2001 in two newspapers of general

circulation in the Philippines.

(Rules on Electronic Evidence, A.M. No. 01-7-01-SC, [July 17,

2001])

RA No 10667 | Philippine Competition

Act

Republic Act No. 10667

AN ACT PROVIDING FOR A NATIONAL COMPETITION

POLICY

PROHIBITING

ANTI-COMPETITIVE

AGREEMENTS, ABUSE OF DOMINANT POSITION AND

ANTI-COMPETITIVE

MERGERS

AND

ACQUISITIONS,

ESTABLISHING

THE

PHILIPPINE

COMPETITION

COMMISSION AND APPROPRIATING FUNDS THEREFOR

Be

it

enacted

by

the

Senate

and

House

of

Representatives

of

the

Philippines

in

Congress

assembled:

CHAPTER I GENERAL PROVISIONS

Section 1. Short Title. – This Act shall be known as the

"Philippine Competition Act".

Section 2. Declaration of Policy. – The efficiency of

market competition as a mechanism for allocating goods

and services is a generally accepted precept. The State

recognizes that past measures undertaken to liberalize

key sectors in the economy need to be reinforced by

measures that safeguard competitive conditions. The

State

also

recognizes

that

the

provision

of

equal

opportunities

to

all

promotes

entrepreneurial

spirit,

encourages private investments, facilitates technology

development

and

transfer

and

enhances

resource

productivity. Unencumbered market competition also

serves the interest of consumers by allowing them to

exercise their right of choice over goods and services

offered in the market.

Pursuant to the constitutional goals for the national

economy

to

attain a more equitable distribution of

opportunities, income, and wealth; a sustained increase

in the amount of goods and services produced by the

nation for the benefit of the people; and an expanding

productivity as the key to raising the quality of life for all,

especially the underprivileged and the constitutional

mandate

that

the

State

shall

regulate

or

prohibit

monopolies when the public interest so requires and that

no

combinations

in

restraint

of

trade

or

unfair

competition shall be allowed, the State shall:

(a) Enhance economic efficiency and promote free and

fair competition in trade, industry and all commercial

economic

activities,

as

well

as

establish

a

National

Competition

Policy

to

be

implemented

by

the

Government of the Republic of the Philippines and all of

its political agencies as a whole;

(b) Prevent economic concentration which will control

the production, distribution, trade, or industry that will

unduly stifle competition, lessen, manipulate or constrict

the discipline of free markets; and

(c) Penalize all forms of anti-competitive agreements,

abuse

of

dominant

position

and

anti-competitive

mergers and acquisitions, with the objective of protecting

consumer

welfare

and

advancing

domestic

and

international trade and economic development.

Section 3. Scope and Application. — This Act shall be

enforceable against any person or entity engaged in any

trade, industry and commerce in the Republic of the

Philippines. It shall likewise be applicable to international

trade

having

direct,

substantial,

and

reasonably

foreseeable effects in trade, industry, or commerce in the

Republic of the Philippines, including those that result

from acts done outside the Republic of the Philippines.

This Act shall not apply to the combinations or activities

of

workers

or

employees

nor

to

agreements

or

arrangements

with

their

employers

when

such

combinations, activities, agreements, or arrangements

are designed solely to facilitate collective bargaining in

respect of conditions of employment.

Section 4. Definition of Terms. – As used in this Act:

(a) Acquisition refers to the purchase of securities or

assets, through contract or other means, for the purpose

of obtaining control by:

(1) One (1) entity of the whole or part of another;

(2) Two (2) or more entities over another; or

(3) One (1) or more entities over one (1) or more entities;

(b) Agreement refers to any type or form of contract,

arrangement,

understanding,

collective

recommendation, or concerted action, whether formal or

informal, explicit or tacit, written or oral;

(c) Conduct refers to any type or form of undertaking,

collective recommendation, independent or concerted

action or practice, whether formal or informal;

(d) Commission refers to the Philippine Competition

Commission created under this Act;

(e)

Confidential

business

information

refers

to

information which concerns or relates to the operations,

production,

sales,

shipments,

purchases,

transfers,

identification of customers, inventories, or amount or

source of any income, profits, losses, expenditures;

(f) Control refers to the ability to substantially influence or

direct the actions or decisions of an entity, whether by

contract, agency or otherwise;

(g) Dominant position refers to a position of economic

strength that an entity or entities hold which makes it

capable of controlling the relevant market independently

© Compiled by RGL

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