The determination of what constitutes a Micro, Small and Medium Enterprise (MSME) is based on its total assets. This is provided in Republic Act No. 6977, as amended (also known as the “Magna Carta for Micro, Small and Medium Enterprises (MSMEs)“, previously called the “Magna Carta for Small Enterprises”.
Continue readingThe Securities and Exchange Commission (SEC) advised the public not to invest or stop investing in schemes or initial coin offerings and digital asset trading which are not compliant with the guidelines of the Bangko Sentral ng Pilipinas (BSP) and SEC. The SEC, through its Enforcement and Investor Protection Department, recently issued a number of advisories warning the public about the activities of certain entities, including the following:
Continue readingThe issue of consent, or the lack of it, is essential in rape cases. In marriage, sexual community is a mutual right and obligation between husband and wife. Sexual intercourse is theoretically consensual, obligatory even, between husband and wife. Copulation is presumed between cohabiting husband and wife unless the contrary is proved. This is the argument of the accused in People vs. Jumawan (G.R. No. 187495, 21 April 2014). The extensive discussion on marital rape in this case warrants a near-verbatim reproduction of the Supreme Court’s decision.
Continue readingRehabilitation, under the Financial Rehabilitation and Insolvency Act (FRIA) of 2010, refers to the restoration of the debtor to a condition of successful operation and solvency, if it is shown that its continuance of operation is economically feasible and its creditors can recover by way of the present value of payments projected in the plan, more if the debtor continues as a going concern than if it is immediately liquidated. The procedure and requirements are discussed below.
Continue readingRunning out of shampoo and conditioner? Or pet food and hardware items? Trust the Department of Trade and Industry (DTI) to come to your rescue. With the extension of the Enhanced Community Quarantine (ECQ) in Luzon (update: new quarantine classifications from 1 to 15 June 2020), the DTI found the need to expand the list of allowed essential business activities to ensure their availability, subject to compliance with existing social distancing, safety and health, and infection control measures. This means that the following must be allowed through checkpoints, nationwide, per DTI Memorandum Circular No. 20-16.
Continue readingThe Department of Trade and Industry (DTI) issued a directive on the extension of operating hours for retail stores during the Enhanced Community Quarantine (ECQ) period, reiterating an earlier IATF Resolution. DTI Memorandum Circular No. 20-15 dated 11 April 2020 covers ALL the following retail establishments:
Continue readingIndividual debtors under financial distress may be covered by any of the following options: (a) Suspension of payments; (b) Voluntary liquidation; and (c) Involuntary liquidation. This discussion covers only suspension of payments under Republic Act No. 10142, also known as the “Financial Rehabilitation and Insolvency Act (FRIA) of 2010“, as fleshed out in the FLSP Rules. Moreover, the discussion below on Suspension of Payments applies only to individual debtors.
Continue readingThe Department of Health (DOH) ordered the shift of classifying individuals from Patients Under Investigation (PUI) and Persons Under Monitoring (PUM), to Suspect, Probable and Confirmed COVID-19 Cases. Note that for rapid test kits, a person who tests positive is not yet considered a Confirmed Case, but still a Probable Case. [If we may add, we do not like the new labels, as it resembles the labels we use in criminal cases, an unfortunate coincidence which does not help in quelling the discrimination against COVID-19 patients.] The new classifications under DOH Administrative Order No. 2020 – 0013 dated 9 April 2020, are as follows:
Continue readingThe wearing of face masks is now mandatory in public areas (see Face Masks: Mandatory to be Worn when Going Outside the House), per Resolution No. 18 dated 1 April 2020 of the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF). To reinforce the mandatory nature of wearing face masks, the Department of Interior and Local Government (DILG) also directed all Local Government Units (LGUs) to:
Considering that there are confirmed positive cases in all regions nationwide, LGUs outside the ECQ areas are also encouraged to implement the above-stated measures to prevent further local transmission.
[Per DILG Memorandum Circular No. 2020-071 dated 9 April 2020, addressed to all Provincial Governors, City and Municipal Mayors, Punong Barangays, members of the Sanggunian, DILG Regional Directors and officers, BARMM Minister of the Interior and Local Government, and all others concerned.]
The Department of Trade and Industry (DTI) issued a circular to ensure enhanced operations for Business Process Outsourcing (BPO) companies and export enterprises, and their service providers, throughout the extended Enhanced Community Quarantine (ECQ) period (extended until 30 April 2020, pursuant to OES Memorandum dated 7 April 2020; further extended to May 15 for high-risk areas). The following entities are covered by DTI Memorandum Circular No. 20-14, series of 2020 (issued on 11 April 2020):
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