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One Person Corporations in the Philippines

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A One Person Corporation is a corporation with a single stockholder, who must be a natural person, trust, or an estate. It must not be confused with a corporation sole. The creation of a One Person Corporation or OPC is provided in Title XIII (Special Corporations) of Republic Act No. 11232, also known as the “Revised Corporation Code”. The guidelines, as provided in SEC Memorandum Circular No. 7, series of 2019, are discussed below. 

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Effect of Certification by President that a Proposed Law is Urgent; Engrossed/Enrolled Bill

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The recent passage of the Anti-Terrorism Act of 2020 (House Bill No. 6875) by the House of Representatives brings to fore, among others, the effect of Presidential certification on the urgency of the proposed law. The copy of the CURES Act, on the other hand, contains a note that it is an engrossed bill. What is the legal significance of the certification by the President that a Senate Bill or House Bill is urgent? What is an engrossed bill or enrolled bill?

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Rules on Mass Gatherings During GCQ and MGCQ

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There are specific rules for various activities, depending on the quarantine classification of an area. The existing quarantine classification for all areas in the Philippines is either General Community Quarantine (GCQ) or Modified General Quarantine (MGCQ). Here are the rules governing MASS gatherings in both GCQ or MGCQ:

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Covid-19 Unemployment Reduction Economic Stimulus (CURES) Act of 2020: Salient Points of House Bill No. 6920

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On 5 June 2020, the House of Representatives approved, on third and final reading, House Bill No. 6920 (in substitution of House Bill No. 6709), proposing a law to be known as The Covid-19 Unemployment Reduction Economic Stimulus (CURES) Act of 2020. Here are the salient features of engrossed copy of House Bill No. 6920:

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30-Day Grace Period No Longer Available for Loans with Due Dates Falling on 1 June 2020 and Thereafter (BSP FAQ)

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[The Department of Finance (DOF) and the Bangko Sentral ng Pilipinas (BSP) did not issue any new guidelines, which means that the original Implementing Rules and Regulations covering the 30-day grace period for loans remain the same. The rule is different for rents. Loans with due dates falling before 1 June 2020 still enjoy the 30-day grace period, but loans with due dates falling on 1 June 2020 and thereafter do not enjoy such benefit. This is clear in the latest Frequent Asked Questions (FAQ) of the BSP, reproduced below for the purpose of disseminating the information.]

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How to File a Case for Annulment in the Philippines while Abroad

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Can a Filipino file an annulment case in the Philippines while abroad? The same issue equally applies to annulment of marriage, declaration of nullity of marriage, and recognition of a foreign divorce decree. Overseas Filipinos (OF) and Overseas Filipino Workers (OFWs) are currently confronted with the threat of the covid-19 global pandemic and the resulting lockdown/quarantine implemented around the world. Many Filipinos, whether in the Philippines or while abroad, seek a fresh start in their marital life. They seek to do it the right way by ensuring that the previous marriage is properly nullified or declared void (for one, children in the next family are considered illegitimate).

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Transportation Guidelines for Cebu City during General Community Quarantine (GCQ)

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With more businesses and establishments allowed to operate during the General Community Quarantine (GCQ), public transportation is crucial. Officials say that companies should provide transportation solutions for their employees. This is a heavy burden for micro, small and medium enterprises (MSMEs), especially considering that these MSMEs are already suffering from severe financial strain brought about by the lockdown. Each LGU has its unique traffic or transportation concerns. Metro Manila has its Modified Number Coding Scheme, but this will most likely be insufficient to address the transportation shortage. On the other hand, Cebu City has provided its own guidelines, basically allowing ALL public transportation and ALL private vehicles of employees working in permitted establishments.

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Refund / Return of the Small Business Wage Subsidy (SBWS) Received by Workers

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In an Advisory issued on 2 June 2020, the Social Security System (SSS) announced the requirement to refund or return the Small Business Wage Subsidy (SBWS) received by employees under certain instances, discussed below. The directive is based on the SBWS Program Task Force Resolution No. 2. The instances when the refund/return is required, and the procedure for the refund, are discussed below.

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Twin-Notice Rule and Procedural Requirements in Employment Termination Proceedings

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Due process, in relation to employment termination proceedings, is composed of two aspects. One, there must be a just or authorized cause for the dismissal or any administrative disciplinary acton (substantive due process). Two, the requirements of procedural due process must be complied with. The separate procedural due process requirements for just causes and authorized causes for employment termination are discussed below.

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