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.
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 readingRules 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).
Continue readingProcedure in Annulment of Marriage and Declaration of Nullity of Marriage in the Philippines
The procedure provided under the Rules on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages is discussed below. Note that a petition for “annulment” refers to voidable marriages, which are valid until annulled by the court, while a petition for “declaration of nullity” refers to marriages that are considered void or inexistent from the very beginning. There are other differences, e.g., legitimate status of children, property relations between the spouses, prescription and ratification (for the procedure in legal separation, see Steps/Procedure in Legal Separation Cases). For convenience, we may refer to both petitions as “annulment”.
Continue readingRevised 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).]
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]:
Continue readingPost-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.
Continue readingAmended Guidelines and Procedures on the Use of Corporate and Partnership Names
On 21 June 2019, the Securities and Exchange Commission (SEC) issued SEC Memorandum Circular No. 13, series of 2019, providing for the “Amended Guidelines and Procedures on the Use of Corporate and Partnership Names”. The circular provides:
Continue readingSecured 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.
Continue readingLiquidation of Insolvent Juridical Debtors under the Financial Rehabilitation and Insolvency Act (FRIA) of 2010
Insolvency, or the state of being insolvent, is the financial condition of a debtor that is generally unable to pay its or his liabilities as they fall due in the ordinary course of business or has liabilities that are greater than its or his assets. Insolvency proceedings may cover an individual debtor or a juridical debtor. This article covers only juridical debtors (there are separate rules for voluntary and involuntary liquidation of individual debtors).
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