As part of measures to ease the regulatory burden on the business sector, the Securities and Exchange Commission (SEC) extended the deadlines for the filing of General Information Sheet (GIS) and annual Financial Statements (FS) of corporations.
Continue readingEstablishments Allowed to Operate during Enhanced Community Quarantine (ECQ), as of 29 April 2020
At the outset, it is important to emphasize that the Omnibus Guidelines still requires strict home quarantine in all households, and the movement of all residents shall be limited to accessing essential goods and services, and for work in permitted offices or establishments. Any person below 21 years old, those who are 60 years old and above, those with immunodeficiency, comorbidities, or other health risks, and pregnant women, including any person who resides with the aforementioned, shall be required to remain in their residences at all times except when indispensable under the circumstances for obtaining essential goods and services or for work in permitted industries and offices. [Below is the general list. For the per category list, see Detailed Categories I-IV; See also Updated List, per Revised Omnibus Guidelines]
Continue readingIATF Omnibus Guidelines for Areas under General Community Quarantine (GCQ)
A General Community Quarantine (GCQ) refers to the implementation of temporary measures limiting movement and transportation, regulation of operating industries, and presence of uniformed personnel to enforce community quarantine protocols. This definition is provided under Revised Omnibus Guidelines on the Implementation of Community Quarantine in the Philippines dated 29 April 2020, as amended, issued by the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF).
Continue readingGuidelines for Interzonal Movement during the Community Quarantine
The Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF) issued the Revised Omnibus Guidelines on the Implementation of Community Quarantine in the Philippines dated 29 April 2020, as amended, which governs, among others, interzonal movement in, to or from areas under General Community Quarantine (GCQ) and Enhanced Community Quarantine (ECQ). [See Updated Rules on Intrazonal and Interzonal Travel under the Revised Omnibus Guidelines]
Continue readingGCQ and MECQ: Community Quarantine Classifications Beginning 16 May 2020
The classification of provinces, highly urbanized cities (HUCs) and independent component cities (ICCs), beginning 16 May 2020, has been released through Resolution No. 35 dated 11 May 2020 of the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF). [Note: See updated list, as of 1-15 June 2020] The classifications are as follows:
Continue readingCorporate Dissolution and Liquidation in the Philippines: Revised Corporation Code
A corporation formed or organized under the provisions of the Revised Corporation Code may be dissolved voluntarily or involuntarily. Corporate dissolution and liquidation, however, are proceedings under different bodies. The Securities and Exchange (SEC) has jurisdiction over corporate dissolution, but not corporate liquidation. The procedure, requirements and jurisdiction of corporate dissolution and liquidation are discussed below.
Continue readingIllegal Interception of Computer Data, Warrant to Intercept (WICD): Rule on Cybercrime Warrants
Illegal interception of computer data is defined and penalized under the Cybercrime Prevention Act of 2012. The crime of “illegal interception” is the “interception made by technical means without right of any non-public transmission of computer data to, from, or within a computer system including electromagnetic emissions from a computer system carrying such computer data.” As far as the unauthorized intrusion into the computer system, this is akin to the Anti-Wiretapping Law and the Anti-Photo and Video Voyeurism Act of 2009, both of which are discussed below for easy reference.
Continue readingCybercrimes: Venue on Criminal Actions and Application for Warrants
The Rule on Cybercrime Warrants provides the procedure for the application and grant of warrants and related orders involving the preservation, disclosure, interception, search, seizure, and/or examination, as well as the custody, and destruction of computer data, as provided under the Cybercrime Prevention Act of 2012 (Republic Act No. 10175).
Continue readingClosure or Cessation of Operation: Authorized Cause in Employment Termination
The first sentence of Article 298 (formerly 283) of the Labor Code provides that “[t]he employer may also terminate the employment of any employee due to . . . retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking.” At first glance, there may be an erroneous impression that the closure of the business must be predicated on business loses. This is discussed below, together with the requisites for a valid termination due to closure of business or cessation of operation.
Continue readingDOLE: Suspension of Prescriptive Periods and Reglementary Periods to File Pleadings/ Documents
The Department of Labor and Employment (DOLE) isssued Department Order No. 213, series of 2020, prescribing the guidelines in the prescription of actions and the suspension of pleadings, motions, and other documents. The salient points of D.O. 213 are:
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