Creditor’s Committee in Court-Supervised Rehabilitation in the Philippines

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After the petition for court-supervised rehabilitation, whether voluntary or involuntary, is given due course, the court shall issue an order directing the rehabilitation receiver to call a meeting with the debtor and all classes of creditors, to take place in not less than 2 weeks nor more than 4 weeks from the date of the order, to consider the organization of a creditors’ committee. 

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Involuntary Court-Supervised Rehabilitation Proceedings against Insolvent Juridical Debtors

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Involuntary court-supervised rehabilitation proceedings, as opposed to voluntary court-supervised proceedings, is initiated by the creditors. This is provided under Republic Act No. 10142, also known as the Financial Rehabilitation and Insolvency Act (FRIA) of 2010, as fleshed out in the Financial Rehabilitation Rules of Procedure (2013) or “FR Rules” (A.M. 12-12-11-SC).

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Court Assistance to Implement or Annul the Out-of-Court Rehabilitation Proceeding or the Standstill Period

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The court may assist in the execution or implementation of the standstill agreement or the Out-of-Court or Informal Restructuring Agreements or Rehabilitation Plan (OCRA) by issuing a writ of execution to enforce its terms. Nevertheless, the court has the power to provide any other form of additional assistance as may be necessary to execute or implement the standstill agreement or the OCRA, including the award of damages properly pleaded and proved, and to protect the interests of the creditors, the debtor, and other interested parties.

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Reconciliation of the Spouses in Legal Separation Cases

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The Family Code explicitly provides that no legal separation may be decreed unless the court has taken steps toward the reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is highly improbable (Article 59). Reconciliation, therefore, is highly encouraged. The spouses may reconcile even when the petition for legal separation is pending or when a favorable judgment has been issued (see Procedure / Steps in Legal Separation Cases). In case of reconciliation, the spouses must file a joint manifestation, duly signed and under oath, in the same proceeding for legal separation.

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Valid Warrantless Searches in the Philippines

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People have the constitutional right “to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized” (Constitution, Article III, Section 2). There are, however, exceptions to the requirement of a search warrant. The following are instances of valid warrantless searches:

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