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

Provisions Common to Liquidation in Insolvency of Individual and Juridical Debtors (Rule 4)

TABLE OF CONTENTS: 
RULE 1. Coverage and General ProvisionsRULE 3. Insolvency of Individual Debtors 
RULE  2. Liquidation of Insolvent Juridical DebtorsRULE 5. Procedural Remedies

RULE 4

PROVISIONS COMMON TO LIQUIDATION IN INSOLVENCY OF INDIVIDUAL AND JURIDICAL DEBTORS 

SEC. 1. USE OF TERM DEBTOR. – The term debtor used in this Rule shall refer to an individual debtor and/or a juridical debtor whenever appropriate. 

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Procedural Remedies (Rule 5): Financial Liquidation and Suspension of Payments Rules of Procedure for Insolvent Debtors (2015)

TABLE OF CONTENTS: 
RULE 1. Coverage and General ProvisionsRULE 3. Insolvency of Individual Debtors 
RULE  2. Liquidation of Insolvent Juridical Debtors RULE 4. Provisions Common to Liquidation in Insolvency

RULE 5

PROCEDURAL REMEDIES 

SEC. 1. MOTION FOR RECONSIDERATION IN SUSPENSION OF PAYMENTS PROCEEDINGS. – A party may file a motion for reconsideration of a Suspension of Payments Order, or any order issued by the court prior to its order confirming or disapproving the proposed agreement mentioned in Section 9, Rule 3 (A) of these Rules. No relief can be extended to the party aggrieved by the court’s order on the motion through a special civil action for certiorari under Rule 65 of the Rules of Court. 

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Voting Guidelines for the 2016 Elections (Gabay sa Pagboto: 2016 National and Local Elections)

[Note: The Commission on Elections (COMELEC) issued a set of guidelines to help voters during the 2016 National and Local Elections. We are reproducing the guidelines to assist in disseminating this important information. Here’s the full text of the “Gabay sa Pagboto: 2016 National and Local Elections” released by the COMELEC.] Continue reading

Rules and Regulations on the Liquor Ban in Connection with the May 9, 2016 National and Local Elections (COMELEC Resolution No. 10095; Full Text)

[Note: The Commission on Elections (COMELEC) issued Resolution No. 10095, or the Rules and Regulations on the Liquor Ban in Connection with the May 9, 2016 National and Local Elections. The liquor ban will be in force on the day before the election (May 8, 2016) and on election day (May 9, 2016). On these days, it will be unlawful for any person, including owners and managers of hotels, resorts, restaurants, and other establishments of the same nature, to sell, furnish, offer, buy, serve, or take intoxicating liquor anywhere in the Philippines. Violations are punishable with imprisonment. The full text of Resolution No. 10095 is reproduced below.] Continue reading

Regulation of Ride-Sharing Services, Transportation Network Vehicle Service

[Note: On 8 May 2015, the Department of Transportation and Communication (DOTC) issued Department Order No. 2015-011, amending Department Order No. 97-1092. Among the amendment is the provision of the Transportation Network Vehicle Service (TNVS), which basically refers to existing “ride-sharing” or “app-based ride-hailing” services like Uber and GrabCar. The Philippines is the FIRST country in the world to regulate this service. There is, of course, an opposition from operators of taxis and Public Utility Vehicles (PUVs), which are required to comply with certain requirements (e.g., franchise, insurance coverage). PUVs are common carriers and are issued the corresponding PUV license plates. The TNVS are private vehicles that can operate like PUVs. PUVs must also secure prior approval from the LTFRB before they can raise fares, but TNVS, based on the D.O 2015-011, are not covered by the same requirement. The pertinent portion of Department Order No. 2015-011 relating to TNVS is reproduced below.]

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When the Use of Aliases Violates the Law

“Iqbal’s alleged use of aliases violates law — solon,” states the caption of a news article, referring to the allegation of Davao City Representative Carlo Nogales that the use of an alias by MILF Spokesman Mohagher Iqbal, apparently not his real name, in official documents “violates the Revised Penal Code and the Anti-Alias Law which prohibit the use of pseudonyms in public documents.” It might be helpful to have a summary of the laws the penalize the use of aliases in the Philippines.

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No Registration, No Travel Policy (LTO Memorandum Circular AVT-2015-1927; full text)

[Reproduced below is the full text of LTO Memorandum Circular AVT-2015-1927 (No Registration, No Travel Policy). Incidentally, in an Advisory published in newspapers, the LTO announced that: “In line with the implementation of NO REGISTRATION-NO TRAVEL policy, starting April 1, 2015, please be advised that only LTO Law Enforcers and LTO Deputized Agents in complete uniform with valid ID and carrying LTO issued Temporary Operators Permit (TOP) are authorized to stop vehicles and apprehend those in violation of the same.”]

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