Category Archives: Corporate & Investments

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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Mining in the Philippines, Foreign Investments and the Grandfather Rule

How much foreign ownership is allowed for mining companies in the Philippines? The Supreme Court again discussed this issue in a recent ruling denying a motion for reconsideration filed by certain mining companies in the Philippines. The controversy is anchored on the requirement that mining, among other activities, is reserved by the Constitution — the highest law of the land — for Filipinos. Sec. 2, Art. XII of the Constitution, which provides that the exploration, development, and utilization of of natural resources is reserved to Filipinos, whether natural persons or juridical persons. Filipino juridical persons refer to “corporations or associations at least sixty per centrum of whose capital is owned by such citizens.”

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Rules on Principal Office Address of Corporations and Partnerships

The Securities and Exchange Commission (SEC) has extended the compliance period — until 30 June 2015 (per Memorandum Circular No. 1, series of 2015) — for companies and partnerships to comply with the required designation of the principal office address. We believe that it’s helpful to disseminate the information to non-clients as well, so we are summarizing the requirements below, culled from SEC Memorandum Circular No. 6 (series of 2014; full text) and SEC Memorandum Circular No. 16 (series of 2014; full text).

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Principal Office Address of Corporations and Partnerships (SEC Memorandum Circular No. 16; full text)

[See also SEC Rules on Principal Offic Address; and Memorandum Circular No. 6, series of 2014]


Republic of the Philippines
Department of Finance
Securities and Exchange Commission
SEC Building, EDSA, Greenhills, Mandaluyong City

MEMORANDUM CIRCULAR No. 16
Series of 2014.

TO : ALL CONCERNED

SUBJECT : PRINCIPAL OFFICE ADDRESS OF CORPORATIONS
AND PARTNERSHIPS

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Amendment of the Principal Office Address (SEC Memorandum Circular No. 6; full text)

[See also Rules on Principal Office Address; and SEC Memorandum Circular No. 16, series of 2014]


Republic of the Philippines
Department of Finance
Securities and Exchange Commission
SEC Building, EDSA, Greenhills, Mandaluyong City

Company Registration and Monitoring Department

MEMORANDUM CIRCULAR No. 6
Series of 2014

TO : ALL CONCERNED

SUBJECT : AMENDMENT OF THE PRINCIPAL OFFICE ADDRESS

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New Law Increasing the Exemption for 13th Month Pay and Other Benefits (Republic Act No. 10653)

Republic of the Philippines
Congress of the Philippines
Metro Manila

REPUBLIC ACT NO. 10653

AN ACT ADJUSTING THE 13TH MONTH PAY AND OTHER BENEFITS CEILING EXCLUDED FROM THE COMPUTATION OF GROSS INCOME FOR PURPOSES OF INCOME TAXATION, AMENDING FOR THE PURPOSE SECTION 32(B), CHAPTER VI OF THE NATIONAL INTERNAL REVENUE CODE OF 1997, AS AMENDED

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

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Republic Act No. 10623, Amending the Price Act (full text)

REPUBLIC ACT NO. 10623

AN ACT AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 7581, ENTITLED “AN ACT PROVIDING PROTECTION TO CONSUMERS BY STABILIZING THE PRICES OF BASIC NECESSITIES AND PRIME COMMODITIES AND BY PRESCRIBING MEASURES AGAINST UNDUE PRICE INCREASES DURING EMERGENCY SITUATIONS AND LIKE OCCASIONS” AND FOR OTHER PURPOSES

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