ACCESS MCLE

Corporate Guilt: Imposing Penalties on Corporations

600.00

Legal and Judicial Ethics

1 Credit Unit

ATTY. GERONIMO L. SY

Category:

Corporate Guilt: Imposing Criminal Penalties on Corporations

With the growing participation of corporations as business and economic tools, there is clearly a need to revisit and sharpen the legal fangs and framework to more effectively deter and clamp on corporate misconduct.

CATEGORY

Legal and Judicial Ethics

CREDIT UNIT

1

DURATION

60:00

LAUNCH DATE

October 24, 2020

ABOUT THE COURSE

In a fast-changing world where trade and commercial transactions are increasingly conducted through corporations, stricter regulation of corporate conduct must be pursued. The increasing and evolving role of juridical entities in society has resulted to a bigger challenge of finding an effective mode to curb and punish corporate misconduct.

Corporate criminal responsibility was virtually unknown until the latter half of the 19th century and then, it was on the basis of vicarious liability. Today, the concept of corporate criminal liability has been formally adopted and embraced in many countries including the United States, France and Australia.

As it happened, Philippine penal laws have not yet fully adopted this concept. Up to now, both the 1932 vintage Revised Penal Code and other special penal laws have not incorporated penalties aimed at sanctioning corporations, except for a 2001 legislation, and another trailblazing law that was passed in 2012.

Civil law remedies largely remain to be the available mode, such as the imposition of damages and issuance of injunctive writs.
But are these civil remedies adequate to curb or dissuade scurrilous, wayward and illegal corporate conduct? Would corporate criminal liability be specious given the availability of civil redress?

In the Philippines, we have yet to see a corporation being criminally sanctioned. Hefty administrative fines are also rarely imposed, except for one being recently meted against a mining firm.

Absent any penal laws punishing corporations, these entities cannot be convicted as criminal offenders for disregarding and disrespecting the law — be it for flouting competition and anti-trust laws, violating taxation regulations, or ignoring environmental rules.

With the growing participation of corporations as business and economic tools, there is clearly a need to revisit and sharpen the legal fangs and framework to more effectively deter and clamp on corporate misconduct.

There is a dearth of studies on corporate criminal liability under Philippine laws. But the time may be ripe for the Philippines to now pursue laws that penalize corporations for criminal misconduct. The current effort to pass a new Philippine Code of Crimes may just be the perfect opportunity to do so.

At the end of this course, you should be able to:

  • Describe the Philippine model of corporate criminal punishment
  • Determine the basis of corporate criminal liability
  • Distinguish how other countries punish corporations for criminal acts
  • Determine whether the Philippines should make corporations liable for criminal misconduct
  • Identify the sanctions imposed on erring corporations in the Philippines

Course Status

AVAILABLE NOW

Course price

₱443

when you avail the Full Compliance (36 Units) bundle

₱600

Regular price for 1 credit unit course

COURSE PREVIEW

Module 1: Commencement in the Construction Industry Arbitration Commission

Module 2: Next Step after Commencement of Arbitration

Module 3: Next Step after the Appointment of Arbitrators

Module 4: Next Step after the Terms of Reference

Module 5: Timetable for the Rendition of the Arbitral Award

Module 6: Incidents after the Rendition of Arbitral Award

LECTURER

ATTY. GERONIMO L. SY

Former DOJ Assistant Secretary  

Atty. Sy is a former Assistant Secretary of the Department of Justice from 2008 to 2016. He chaired the Criminal Code Committee that crafted the modern criminal code and established the Office of Cybercrime and the Office for Competition with their enabling legislation.

Prior to this, he was a State Prosecutor handling specialized cases on money laundering, business fraud, cybercrime, terrorist financing, and cartels.