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Category Archives: Litigation
Additional Courts Authorized for Pilot-Testing of Hearings through Videoconferencing
OCA CIRCULAR NO. 100-2020
TO | : | All LITIGANTS, CONCERNED JUDGES AND COURT PERSONNEL OF THE FIRST AND SECOND LEVEL COURTS, AND MEMBERS OF THE BAR | |
RE | : | ADDITIONAL COURTS AUTHORIZED FOR PILOT-TESTING OF HEARINGS THROUGH VIDEOCONFERENCING |
Videoconferencing Hearings to Continue in General Community Quarantine (GCQ) Areas
Videoconferencing hearings will continue in General Community Quarantine (GCQ) areas, the Supreme Court’s Public Information Office (PIO) announced on 31 May 2020. The government has lifted the Enhanced Community Quarantine (ECQ) and Modified Enhanced Community Quarantine (MECQ) in all areas in the Philippines, relaxing the quarantine to either GCQ or Modified General Community Quarantine (MGCQ).
Continue readingCourt Operations Beginning 1 June 2020 (Supreme Court Administrative Circular No. 41-2020)
[There is no more extension of deadlines of pleadings and other court submissions falling due on 1 June 2020. For deadlines that fall due up to 31 May 2020, the 30-day extension, counted from 1 June 2020, remains.]
ADMINISTRATIVE ORDER NO. 41-2020
Continue readingSalient Points of the 2019 Proposed Amendments to the Revised Rules on Evidence
[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 in a separate post. Here are the salient points.]
Continue reading2019 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.]
Continue readingJurisdiction and Nature of Proceedings in Financial Liquidation and Suspension of Payments
Financial liquidation and suspension of payment proceedings are in rem, which means that it is binding on everyone and not just the parties who participated in the case. Financial liquidation covers both individual and juridical persons, as provided under the Financial Liquidation and Suspension of Payments Rules of Procedure for Insolvent Debtors (2105), also known as the “FLSP Rules”. The FLSP Rules, issued by the Supreme Court pursuant to Section 6 of Republic Act No. 10142, also covers suspension of payments for insolvent individual debtors.
Continue readingCybercrimes and Warrantless Arrests: The Case of Ronnel Mas
A cybercrime may refer to an offense defined and penalized under the Cybercrime Prevention Act of 2012 (Republic Act No 10175), or crimes/offenses defined and penalized in other laws committed through an information and communications system (ICT). A warrantless arrest, on the other hand, may be valid under certain circumstances (see Warrant of arrest in cybercrimes). We see the combination of both topics discussed in this Forum, cybercrimes and valid warrantless arrests, in the recent resolution of the Department of Justice (DOJ) relating to the warrantless arrest of a teacher, Ronnel Mas.
Continue readingVideoconferencing and In-Court Hearings: Guidelines during GCQ/MECQ
The Supreme Court recently released the guidelines for the conduct of court hearings in areas under General Community Quarantine (GCQ) and Modified Enhanced Community Quarantine (MECQ) for the 16-31 May 2020 period. Trial court hearings during this period may be conducted either in-court or through video conferencing.
Continue readingSuspension of Court Hearings and Extension of Deadlines for MECQ and GCQ Provinces/Areas
The IATF has released the list of areas or provinces under General Community Quarantine (GCQ) and Modified Enhanced Community Quarantine (MECQ) [Update: quarantine classifications from 1 to 15 June 2020]. Given this development, the Supreme Court released the guidelines for provinces/areas under GCQ (Administrative Circular No. 40-2020 for 16-31 May 2020, citing Administrative Circular No. 36-2020 for 1-15 May 2020) and MECQ (Administrative Circular No. 39-2020 for 16-31 May 2020). This post is a consolidation/summary of the two circulars, updated as of 15 May 2020.
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