Author Archives: P&L Law

About P&L Law

Pamaos & Labao Law Firm (P&L Law) is a full-service professional legal firm, located in Metro Manila, Philippines | Telephone: (+632) 7799-0589 | Email: info@pnl-law.com | Website: http://pnl-law.com

Primer on Enhanced Community Quarantine and Social Distancing in the Age of Coronavirus Disease 2019 (Covid-19)

The coronavirus disease 2019 (Covid-19) has become a pandemic, according to the World Health Organization (WHO). One way to combat the spread of the virus is community quarantine and social distancing. The government has issued the general guidelines for general community quarantine and strict social distancing. To assist in the dissemination of information, we have prepared this primer.

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Enhanced Community Quarantine in Luzon, including the NCR (Guidelines, Memorandum from the Executive Secretary, full text)

[An Enhanced Community Quarantine has been declared over Luzon, including the National Capital Region (NCR), effective 00:00 (12 a.m.) of 17 March 2020 and expiring on 00:00 (12 a.m.) of 13 April 2020). The guidelines are contained in the undated Memorandum issued by the Executive Secretary. The full text is reproduced below. See also: Amendments and Primer on Enhanced Community Quarantine and Social Distancing in the Age of Coronavirus Disease 2019 (Covid-19); and Definitive Guidelines for 1-15 May 2020 and post-May 15.]

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Suspension of Court Hearings Throughout the Philippines (Supreme Court Administrative Circular No. 31-2020; full text)

[On 16 March 2020, the Supreme Court issued Administrative Circular No. 31-2020, providing measures to address the rising cases of Covid-19 infections in the Philippines. The Circular directs the suspension of court hearings (from 16 March 2020 until 15 April 2020) and extension of deadlines (30 days, counted from 16 April 2020), among other matters. However, note the extended suspension of court hearings until 30 April 2020, which may further be revised considering the ECQ extension until May 15. Here is the full text of Circular 31-2020.]

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Voluntary Liquidation for Individual Debtors: Options for Debtors in Financial Distress

Voluntary liquidation, as opposed to involuntary liquidation, refers to a proceeding initiated by the debtor. An insolvent individual debtor may ask the court for protection, through an action for suspension of payments or  voluntary liquidation. Creditors of insolvent debtors, on the other hand, have the option of filing a petition for involuntary liquidation of the insolvent individual debtor. This discussion covers only voluntary liquidation in insolvency 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 voluntary insolvency proceedings applies only to individual debtors.

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Involuntary Liquidation for Individual Debtors: Options for Debtors in Financial Distress

Involuntary liquidation, as opposed to voluntary liquidation, refers to a proceeding initiated by creditors. Creditors of insolvent individual debtors may file an action for involuntary liquidation of the insolvent debtor. This discussion covers only involuntary liquidation in insolvency under Republic Act No. 10142, also known as the “Financial Rehabilitation and Insolvency Act (FRIA) of 2010“, as threshed out in the FLSP Rules. Moreover, the discussion below on insolvency proceedings applies only to individual debtors.

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The Liquidator: Common Provisions in Insolvency Proceedings for Individual and Juridical Debtors

Insolvency proceedings may refer to voluntary or involuntary proceedings for individual debtors (see Voluntary or involuntary liquidation) or juridical debtors (see Liquidation proceedings). The provisions on the Liquidator are common in all these proceedings, as provided under Republic Act No. 10142, also known as the “Financial Rehabilitation and Insolvency Act (FRIA) of 2010”, and fleshed out in the FLSP Rules. For purposes of these common provisions, the term “debtor” includes individual debtors and other juridical debtors. 

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Determination of Claims: Common Provisions in Insolvency Proceedings for Individual and Juridical Debtors

Insolvency proceedings may refer to voluntary or involuntary proceedings for individual debtors (see Voluntary or involuntary liquidation) or juridical entities (see Liquidation proceedings). The rules on determination of claims are common in all these proceedings, as provided under Republic Act No. 10142, also known as the “Financial Rehabilitation and Insolvency Act (FRIA) of 2010”, and fleshed out in the FLSP Rules. For purposes of these common provisions, the term “debtor” includes individual debtors and other juridical debtors. 

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The Liquidation Plan: Common Provisions in Insolvency Proceedings for Individual and Juridical Debtors

Insolvency proceedings may refer to voluntary or involuntary proceedings for individual debtors(see Voluntary or involuntary liquidation) or juridical entities (see Liquidation proceedings). The rules on determination of claims are common in all these proceedings, as provided under Republic Act No. 10142, also known as the “Financial Rehabilitation and Insolvency Act (FRIA) of 2010”, and fleshed out in the FLSP Rules. For purposes of these common provisions, the term “debtor” includes individual debtors and other juridical debtors. 

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