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

5-Step Guide for Employers Operating During Community Quarantine

Existing community quarantine classifications are: Enhanced Community Quarantine (ECQ), Modified Enhanced Community Quarantine (MECQ), General Community Quarantine (GCQ), and Modified General Community Quarantine (MGCQ). The reclassification of many areas to MECQ and GCQ means more establishments are allowed to operate. Here is a quick guide for employers to determine if the company is allowed to operate and, in the affirmative, the requirements for such operation.

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Complete Separation of Property During Marriage

The default property relations between the spouses, as provided in the Family Code, is absolute community of property. Nevertheless, the future spouses may, in a marriage settlement, agree upon other regime, including the conjugal partnership of gains and complete separation of property. The regime of complete separation of property during marriage does not apply when the marriage settlement is not valid, as when it was not executed before marriage or is void for any reason. 

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2019 Proposed Amendments to the Revised Rules on Evidence: Full/Marked Text

[The Supreme Court, in A.M. No. 19-08-15-SC dated 8 October 2019, approved the “2019 Proposed Amendments to the Revised Rules on Evidence”. The amendments took effect on 1 May 2020. The complete text, with original and amendments properly marked, is reproduced below. Markings: additions/revisions with underscoring and in emphasis; deleted text with strikethrough.]

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Rules on Interzonal and Intrazonal Travel: ECQ, MECQ, GCQ, MGCQ, No-Quarantine

Interzonal movement is the movement of people, goods and services across areas placed under different community quarantine classifications, while intrazonal movement is the movement of people, goods and services between localities under the same community quarantine classification, without transiting through an area placed under a different classification. These definitions, and the applicable rules, are contained in the IATF Revised Omnibus Guidelines on the Implementation of Community Quarantine in the Philippines dated 15 May 2020 (as amended by IATF Resolution No. 38 dated 22 May 2020; see quarantine classifications from 1 to 15 June 2020). The discussion on intrazonal travel is found in (B) below, the discussion on interzonal travel is found in (C), while the list of public transportation allowed is in (D).

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Revised Omnibus Guidelines on the Implementation of Community Quarantine in the Philippines

[Amendments (underscored) and deletions (in strikethrough) are incorporated in the full text below. Amendments were introduced under Resolution No. 38 dated 22 May 2020, Resolution No. 41 dated 29 May 2020, and Resolution No. 43 dated 3 June 2020. The original text was issued on 15 May 2020 by the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF), through its Resolution No. 37, series of 2020. See Updated Omnibus Guidelines and updated quarantine classifications).]

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Revised List of GCQ, ECQ, MECQ Areas until 31 May 2020: Per IATF Resolution No. 35 (15 May 2020)

Since the classifications made on 11 May 2020, through IATF Resolution No. 35, one revision was made. The list was again revised on 15 May 2020, through IATF Resolution No. 37. The revised classifications of provinces, highly urbanized cities (HUCs), independent component cities (ICCs), based on risk level, are reflected below. [Update: see new quarantine classifications from 1 to 15 June 2020]:

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Post-Quarantine Procedure for Filing of GIS/AFS: Salient Points of SEC MC 18

The procedure for filing and receiving of corporate the reportorial requirements under the Revised Corporation Code — Audited Financial Statements (AFS) and General Information Sheet (GIS) — after the Enhanced Community Quarantine (ECQ) has been adopted by the Securities and Exchange Commission (SEC) through Memorandum Circular No. 18, series of 2020, dated 11 May 2020 (see also Extension of Deadlines). This covers all corporations, including branch offices, representative offices, regional headquarters and regional operating headquarters of foreign corporations. Here are the salient points of MC 18. 

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Secured Creditors: Common Provisions in Insolvency Proceedings for Individual and Juridical Debtors

A “secured creditor” refers to s creditor with a secured claim. The Liquidation Order shall not affect the right of a secured creditor to enforce his lien in accordance with the applicable contract or law, unless he waives his right. The provisions cited/discussed below are from Republic Act No. 10142, also known as the “Financial Rehabilitation and Insolvency Act (FRIA) of 2010,“ as fleshed out in the FLSP Rules. These common provisions apply to liquidation of juridical debtors, and voluntary/involuntary liquidation of individual debtors.

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