A corporation shall have perpetual existence unless its articles of incorporation provides otherwise. This is one of the major changes made under the Revised Corporation Code (Republic Act No. 11232). Under the old Corporation Code, the maximum corporate term is only fifty (50) years, subject to extensions. The limit on corporate term has been removed.
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Glossary: The Revised Corporation Code (Philippines)
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This is a glossary for the Revised Corporation Code (Republic Act No. 11232), including definitions provided in related jurisprudence and issuances of the Securities and Exchange Commission (SEC). The relevant summaries/discussions are linked in each glossary item. This is a work in progress.
Continue readingOne 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.
Continue readingExtension of Enhanced Community Quarantine (1-15 May 2020): Coverage and Guidelines
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The Enhanced Community Quarantine (ECQ) has been extended until 15 May 2020 (see update under Executive Order No. 112 issued on 30 April 2020). The ECQ was previously scheduled to last only until 30 April 2020. Based on the recommendations of the Inter-Agency Task Force for Emerging Infectious Diseases (IATF), there will be a further evaluation if the ECQ can be relaxed starting 16 May 2020. [Update: Quarantine classifications from 1 to 15 June 2020]
Continue readingDeclaration of Martial Law under the Philippine Constitution: Exercise and Review
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The constitutional provisions on Martial Law — as contained in Section 18, Article VII of the Constitution — is intended to provide additional safeguard against possible abuse by the President in the exercise of his power to declare martial law or suspend the privilege of the writ of habeas corpus. Section 18 contains six paragraphs, and reads in full:
Continue readingRelease of Results of the 2019 Bar Examinations: 29 April 2020
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[See results] The Bar Confidant announced that the results of the 2019 Bar Examinations will be released on 29 April 2020. The bar exam results will be uploaded in the Supreme Court website on 29 April 2019 after the Supreme Court en banc session.
Continue readingGuidelines on Interruption of Periods for Filing of Documents, Payment of Taxes, Cancellation of Proceedings due to Community Quarantine (Administrative Order No. 30)
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The President has issued a directive for the issuance of guidelines on the interruption of periods for the filing of documents, payment of taxes and other fees, and cancellation of proceedings by reason of the community quarantine. Note that a “community quarantine” may refer to a general community quarantine or an enhanced community quarantine.
Continue readingPosting of Bail during the Enhanced Community Quarantine (ECQ) Period
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Courts are physically closed until 30 April 2020, but may still act on urgent matters through electronic means. The Office of the Court administrator issued OCA Circular No. 89-2020, pursuant to the directive of the Supreme Court (Administrative Circular No. 33-2020) to “ensure the proper implementation of (the said) Administrative Circular”. The Guidelines are only temporary and “shall be in effect only during this duration of public health emergency”.
Continue readingCourt Hearings Suspended until 30 April 2020, All Deadlines Extended 30 Days from 1 May 2020
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[All court hearings throughout the Philippines, except urgent matters, are suspended until the end of the extended Enhanced Community Quarantine (ECQ), or until 30 April 2020. Court deadlines falling on or before 30 April 2020, are extended until 31 May 2020. Note, however, that the ECQ has been extended until 15 May 2020. Here is the full text of SC Administrative Circular No. 34-2020.]
Continue readingSteps/Procedure in Legal Separation Cases
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When filing a petition for legal separation, the petitioner-spouse must consider a number of factors. One, there must be a ground for legal separation (see Grounds for Legal Separation), which is different from the grounds for annulment or declaration of nullity (see Grounds for Annulment and Grounds for Declaration of Nullity). Two, legal separation does not result to the dissolution of marriage, which means that none of the spouses can remarry even if the petition is granted. Three, the procedure for legal separation is different from that of annulment or declaration of nullity (see Procedure for Annulment or Declaration of Nullity), but the duration and costs are comparably the same. The procedure for legal separation, based on A.M. No. 02-11-11-SC dated 4 March 2003, is discussed below.
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