How to File a Case for Annulment in the Philippines while Abroad

8 Replies | Related posts at the end of article

Can a Filipino file an annulment case in the Philippines while abroad? The same issue equally applies to annulment of marriage, declaration of nullity of marriage, and recognition of a foreign divorce decree. Overseas Filipinos (OF) and Overseas Filipino Workers (OFWs) are currently confronted with the threat of the covid-19 global pandemic and the resulting lockdown/quarantine implemented around the world. Many Filipinos, whether in the Philippines or while abroad, seek a fresh start in their marital life. They seek to do it the right way by ensuring that the previous marriage is properly nullified or declared void (for one, children in the next family are considered illegitimate).

Continue reading →

Transportation Guidelines for Cebu City during General Community Quarantine (GCQ)

Leave a reply | Related posts at the end of article

With more businesses and establishments allowed to operate during the General Community Quarantine (GCQ), public transportation is crucial. Officials say that companies should provide transportation solutions for their employees. This is a heavy burden for micro, small and medium enterprises (MSMEs), especially considering that these MSMEs are already suffering from severe financial strain brought about by the lockdown. Each LGU has its unique traffic or transportation concerns. Metro Manila has its Modified Number Coding Scheme, but this will most likely be insufficient to address the transportation shortage. On the other hand, Cebu City has provided its own guidelines, basically allowing ALL public transportation and ALL private vehicles of employees working in permitted establishments.

Continue reading →

MMDA: Number Coding Scheme in Metro Manila Suspended Until Further Notice

6 Replies | Related posts at the end of article

The Metro Manila Development Authority (MMDA) has announced that the Modified Unified Vehicular Volume Reduction Program (UVVRP) or “Number Coding Scheme” for Metro Manila will take effect on 8 June 2020 (the full text of MMDA Regulation No. 2020-001 is reproduced below). Update (7 June 2020): Number Coding Scheme suspended until further notice, per the MMDA.

Continue reading →

Refund / Return of the Small Business Wage Subsidy (SBWS) Received by Workers

92 Replies | Related posts at the end of article

In an Advisory issued on 2 June 2020, the Social Security System (SSS) announced the requirement to refund or return the Small Business Wage Subsidy (SBWS) received by employees under certain instances, discussed below. The directive is based on the SBWS Program Task Force Resolution No. 2. The instances when the refund/return is required, and the procedure for the refund, are discussed below.

Continue reading →

Twin-Notice Rule and Procedural Requirements in Employment Termination Proceedings

4 Replies | Related posts at the end of article

Due process, in relation to employment termination proceedings, is composed of two aspects. One, there must be a just or authorized cause for the dismissal or any administrative disciplinary acton (substantive due process). Two, the requirements of procedural due process must be complied with. The separate procedural due process requirements for just causes and authorized causes for employment termination are discussed below.

Continue reading →

Doing Business in the Philippines: Registration Regulatory Framework for Foreign Companies

Leave a reply | Related posts at the end of article

Foreign corporations can secure a license to transact business in the Philippines. As defined under the Revised Corporation Code, a foreign corporation is one formed, organized or existing under laws other than those of the Philippines. Based on the principle of reciprocity, a foreign corporation cannot secure a license if its country/state of registration does not allow Filipino citizens/corporations to do business in said country/state. 

Continue reading →

Introduction to Insolvency in the Philippines: Suspension of Payments, Financial Rehabilitation and Liquidation

Leave a reply | Related posts at the end of article

Insolvency is defined as the financial incapacity of debtors to pay their liabilities as they fall due in the ordinary course of business, or whenever their liabilities are greater than their assets. A debtor may refer to an individual debtor (natural persons) or juridical persons. The Philippines has specific rules for different proceedings affecting insolvent debtors and their creditors. 

Continue reading →

Refund of Payments for Events Affected by the Community Quarantine: Force Majeure and DTI Guidelines

1 Reply | Related posts at the end of article

The provisions on force majeure affects contracts and obligations during the community quarantine, as discussed in a previous post. In a welcome move, the Department of Trade and Industry (DTI) issued the guidelines on refund of payments made for events affected by the State of public health emergency. The salient points of DTI Memorandum Circular No. 20-30 are as follows:

Continue reading →

Supplemental Guidelines on the Concessions on Residential Rents and Commercial Rents (DTI Memorandum Circular No. 20-29): Full Text

11 Replies | Related posts at the end of article

[The full text of DTI Memorandum Circular No. 20-29 is reproduced below; but see Amendment to Supplemental Guidelines per DTI Memorandum Circular No. 20-31. See also Summary of Supplemental Guidelines; prior guidelines on rents, DTI Memorandum Circular No. 20-12; complemented by Memorandum Circular No. 20-30 on refund of payments for cancelled events. No extension for loans.]

Continue reading →

Rules Governing Persons Below 21 Years Old, 60 and Above, and other “Most at Risk” Employees during GCQ and MGCQ

Leave a reply | Related posts at the end of article

The community quarantine classification for all areas in the Philippines has been relaxed, effective 1 June 2020, to either General Community Quarantine (GCQ) or Modified General Community Quarantine (MGCQ). The recent pronouncements by authorities include the rule that persons below 21, those 60 years old and above, and those with immunodeficiency, comorbidities, or other health risks, and pregnant women are prohibited from going outside their respective residences. 

Continue reading →