Category Archives: Litigation

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).

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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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Jurisdiction 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.

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Cybercrimes 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.

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Suspension 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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Guidelines for Courts in Areas Placed under GCQ from 16 to 31 May 2020 (Administrative Circular No. 40-2020)

[On 15 May 2020, the Supreme Court issued Administrative Circular No. 40-2020, providing for guidelines for courts in areas placed under General Community Quarantine (GCQ) from 16 to 31 May 2020 (court hearings allowed; deadlines extended for 30 days counted from 1 June 2020). Areas under Modified Enhanced Community Quarantine (MECQ) are covered by a separate issuance, Administrative Circular No. 39-2020. The full text of Administrative Circular No. 40-2020 is reproduced below for easy reference.]

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