Reviewer On Philippine Commercial Law Pdf
Leigha Keplinger
Aseptic packaging involves placing commercially sterilized food in a sterilized package which is then subsequently sealed in an aseptic environment [79]. Conventional aseptic packaging utilizes paper and plastic materials. Sterilization can be achieved either by heat treatment, by chemical treatment, or by attributing both of them [79]. Aseptic packaging is highly used to preserve juices, dairy products, tomato paste, and fruit slices [75]. It can increase the shelf life of food items to a large extent; as an example, UHT pasteurization process can extend the shelf life of liquid milk from 19 to 90 days, whereas combined UHT processing and aseptic packaging extend shelf life to six months or more. Packages used for aseptic processing are produced from plastics having relative softening temperature. Moreover, aseptic filling can accept a wide range of packaging materials including: (a) metal cans sterilized by superheated steam, (b) paper, foil, and plastic laminates sterilized by hot hydrogen peroxide, and (c) a variety of plastic and metal containers sterilized by high-pressure steam [80]. Wide variation of packages thus enhances proficiency of aseptic packaging and diminishes cost.
Individual quick freezing Individual quick freezing (IQF) generally relates to quick freezing of solid foods like green peas, cut beans, cauliflower pieces, shrimps, meat chunks, and fish. On the other hand, freezing related to liquid, pulpy or semiliquid products, like fruit juices, mango pulps, and papaya pulps is known as quick freezing. The ice crystals formed by quick freezing are much smaller and therefore cause less damage to cell structure or texture of the food. Shorter freezing period impedes the diffusion of salts and prevents decomposition of foods during freezing. IQF also allows higher capacity for commercial freezing plants with the resultant cost reduction. However, higher investment is required to set up a quick freezing plant [86]. Different quick freezing techniques, such as contact plate freezing, air-blast freezing, and cryogenic freezing, are used to process food items. The comparison between different quick freezing techniques for fishery products is presented in Table 10.
The Philippines is a party to the New York Convention (Convention) after ratifying it on 6 July 1967. Upon ratification, the Philippines declared that it signed the Convention on the basis of reciprocity, and would apply the Convention to the recognition and enforcement of awards made only in the territory of another contracting state and only to differences that arise out of legal relationships, whether contractual or not, which are considered commercial in nature under the national law of the state that is making the declaration.
Republic Act No. 9285 (2004), or the Alternative Dispute Resolution Act of 2004 (ADR Act) principally governs commercial arbitration in the Philippines. Under the ADR Act, (i) the 1985 UNCITRAL Model Law (Model Law) primarily governs international commercial arbitration that may be seated in the Philippines; (ii) Republic Act No. 876 (1953), or the Arbitration Law (RA 876), continues to govern domestic arbitration, subject to the provisions of the ADR Act and the Model Law; and (iii) Executive Order No. 1008 (1985) (EO 1008) governs construction disputes in the Philippines. The ADR Act likewise provides for the implementing legislation for the New York Convention. To date, the Philippines has not yet adopted the 2006 Model Law.
Under the PDRCI, PICCR and CIAC arbitration rules, arbitration is generally deemed commenced when the notice of, or request for, arbitration is filed and received by the institution, and the filing fee is paid (PDRCI Rules, article 4; PICCR Rules, article 4; and CIAC Rules, section 3.4).
Ad hoc international commercial arbitration is commenced upon receipt by the respondent of a request for that dispute to be referred to arbitration. In ad hoc domestic arbitration, it is commenced upon the delivery to the respondent of a demand for arbitration (ADR Act IRR, article 4.21 and 5.20).
Parties are free to agree as to the limitation period for the commencement of the arbitration so long as the period is reasonable. Absent any such agreement, the dispute that arose from a written contract must be commenced within 10 years of the time the dispute arose (Civil Code, article 1144).
Hearings are not mandatory. In international commercial arbitration, subject to any contrary agreement by the parties, the tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials. However, unless the parties have agreed that no hearings shall be held, the tribunal shall hold such hearings at an appropriate stage of the proceedings, if so requested by a party (ADR Act IRR, article 4.24).
A request for correction or interpretation of the award from the tribunal must be made within 30 days from receipt of the award, unless a different period is agreed upon (ADR Act IRR, articles 4.33 and 5.33). In domestic arbitration, a petition for the correction of an award may also be filed with the courts within 30 days from receipt of the award (Special ADR Rules, Rule 11.2[B]).
In domestic arbitration, a petition to confirm an award may be filed with the appropriate court at any time after the lapse of 30 days from receipt of the award. Petitions in court for the vacation of an arbitral award may be filed not later than 30 days from receipt of the award (Special ADR Rules, Rules 11.2[A] and [C]).
In international commercial arbitration conducted in the Philippines, a petition in court for the enforcement and recognition of an award may be filed at any time from receipt of the award. A petition to set aside an award may only be filed within three months of receipt of the award (Special ADR Rules, Rule 12.2).
In an arbitration conducted outside the Philippines, a petition in court to recognise and enforce a foreign award may be filed at any time after receipt of a foreign award (Special ADR Rules, Rule 13.2).
Final awards in a commercial arbitration, whether in a domestic arbitration or an international commercial arbitration seated in the Philippines, are not subject to appeal before the Philippine courts. However, final awards in a CIAC arbitration may be elevated to the Court of Appeals or the Supreme Court. In this connection, in the recent case of Global Medical Center of Laguna, Inc. v. Ross Systems International, Inc. (G.R. No. 230112, 11 May 2021), the Supreme Court clarified that such final awards: (i) should be appealed to the Supreme Court through a Rule 45 petition for review on certiorari if the issue to be raised is a pure question of law; and (ii) may be appealed to the Court of Appeals through a petition for certiorari on the grounds of grave abuse of discretion amounting to the lack or excess in jurisdiction, if the issues to be raised are questions of fact, whose factual issues shall be limited to those that pertain to either a challenge on the integrity of the CIAC arbitral tribunal (ie, allegations of corruption, fraud, misconduct, evident partiality, incapacity or excess of powers within the tribunal) or an allegation that the arbitral tribunal violated the Philippine Constitution or positive law in the conduct of the arbitral process. The Court of Appeals may conduct a factual review only upon sufficient and demonstrable showing that the integrity of the CIAC arbitral tribunal had indeed been compromised, or that it committed unconstitutional or illegal acts in the conduct of the arbitration.
In international commercial arbitration seated in and outside the Philippines, a party may file a petition with the appropriate court to set aside an award on the grounds enumerated under article V of the New York Convention, which include:
State immunity is not among the recognised grounds to resist the enforcement of an award (Special ADR Rules, Rules 11.4 and 12.4). Further, case law suggests that state immunity cannot be successfully raised as defence at the enforcement stage of commercial arbitration. In particular, Philippine case law provides that: (i) an agreement to submit any dispute to arbitration may be construed as an implicit waiver of immunity from suit, and (ii) the doctrine of immunity from suit is restricted to sovereign or governmental activities and cannot be extended to commercial, private and proprietary acts (China National Machinery & Equipment Corp v Santamaria, G.R. No. 185572, 7 February 2012).
Gambling is a global public health issue that can cause harm to individuals, families, and communities. Older adults are vulnerable to gambling harm due to life-stage experiences. This study aimed to examine current research relating to individual, socio-cultural, environmental, and commercial determinants of gambling among older adults. A scoping review was conducted (PubMed, PsycInfo, SocIndex, CINAHL Complete, Web of Science, Social Science and Sociology databases available in ProQuest, Google Scholar, citation searching), with peer reviewed studies included that were published between 1 December 1999 and 28 September 2022. Included studies were published in English in peer-reviewed journals that examined the determinants of gambling in adults aged 55 and over. Records were excluded if they were experimental studies, prevalence studies or had a population wider than the required age group. Methodological quality was assessed using JBI critical appraisal tools. Data was extracted using a determinants of health framework and common themes were identified. Forty-four were included. Most literature examined individual and socio-cultural determinants including reasons for gambling, risk management strategies, and social motivations for gambling. Few studies investigated environmental or commercial determinants, and those that did focused on accessibility of venues or promotions as pathways to gambling. Further research is needed to understand the impact of gambling environments and industry, and effective public health responses for older adults.
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