Department of Information And Communications Technology Act of 2015 (Republic Act No. 10844): Full Text
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Expanded Coverage of Special Commercial Courts: Insolvency and Liquidation under the FRIA, Other Liquidation Cases (A.M. NO. 03-03-03-SC)
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A.M. NO. 03-03-03-SC
AMENDMENT OF A.M. NO. 03-03-03-SC DATED JUNE 17, 2003, FOR THE EXPANSION OF THE COVERAGE OF CASES COGNIZABLE BY THE SPECIAL COMMERCIAL COURTS TO INCLUDE ALL CASES ON INSOLVENCY AND LIQUIDATION UNDER THE FRIA
Continue readingDuration and Effects of Penalties: Criminal Cases in the Philippines
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The Revised Penal Code (Act No. 3815) provides the duration and effects of penalties for felonies defined and punished in said law. Special laws usually provide for specific duration of penalties, unless reference is made to the penalties under the Revised Penal Code.
Continue readingFinancial Liquidation and Suspension of Payments Rules of Procedure for Insolvent Debtors (2015): Full Text
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[Full text of A.M. NO. 15-04-06-SC dated 21 April 2015, approving the Financial Liquidation and Suspension of Payments Rules of Procedure for Insolvent Debtors (2015), otherwise known as the “FLSP Rules”, issued by the Supreme Court pursuant to Republic Act No. 10142. For the summaries/discussions, refer to the Table of Contents. The full text of the FLSP Rules is reproduced below.]
Continue readingLiquidation of Insolvent Juridical Persons (Rule 2): Financial Liquidation and Suspension of Payments Rules of Procedure for Insolvent Debtors (2015)
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| TABLE OF CONTENTS: | |
| RULE 1. Coverage and General Provisions | RULE 4. Provisions Common to Liquidation in Insolvency |
| RULE 3. Insolvency of Individual Debtors | RULE 5. Procedural Remedies |
RULE 2
LIQUIDATION OF INSOLVENT JURIDICAL DEBTORS
A. VOLUNTARY LIQUIDATION
SEC. 1. WHO MAY FILE PETITION; VENUE; CONTENTS. – An insolvent juridical debtor may file a verified petition for liquidation in the Regional Trial Court which has jurisdiction over its principal office as specified in its articles of incorporation or partnership. Where the principal office of the corporation or partnership as registered with the Securities and Exchange Commission (SEC) is in Metro Manila, the petition must be filed in the Regional Trial Court of the city or municipality where the head office is located. The petition shall indicate the names of at least three (3) nominees to the position of liquidator and shall include, as minimum attachments, the following:
Continue readingInsolvency of Individual Debtors (Rule 3): Financial Liquidation and Suspension of Payments Rules of Procedure for Insolvent Debtors (2015)
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| TABLE OF CONTENTS: | |
| RULE 1. Coverage and General Provisions | RULE 4. Provisions Common to Liquidation in Insolvency |
| RULE 2. Liquidation of Insolvent Juridical Debtors | RULE 5. Procedural Remedies |
RULE 3
INSOLVENCY OF INDIVIDUAL DEBTORS
A. SUSPENSION OF PAYMENTS
SEC. 1. WHO MAY FILE PETITION; VENUE; CONTENTS. – An individual debtor who has assets that exceed his liabilities but foresees the impossibility of paying his debts when they respectively fall due may file a verified petition for suspension of payments in the court having jurisdiction over the province or city where he has resided for six (6) months prior to the filing of the petition.
Continue readingProvisions Common to Liquidation in Insolvency of Individual and Juridical Debtors (Rule 4)
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| TABLE OF CONTENTS: | |
| RULE 1. Coverage and General Provisions | RULE 3. Insolvency of Individual Debtors |
| RULE 2. Liquidation of Insolvent Juridical Debtors | RULE 5. Procedural Remedies |
RULE 4
PROVISIONS COMMON TO LIQUIDATION IN INSOLVENCY OF INDIVIDUAL AND JURIDICAL DEBTORS
SEC. 1. USE OF TERM DEBTOR. – The term debtor used in this Rule shall refer to an individual debtor and/or a juridical debtor whenever appropriate.
Continue readingProcedural Remedies (Rule 5): Financial Liquidation and Suspension of Payments Rules of Procedure for Insolvent Debtors (2015)
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RULE 5
PROCEDURAL REMEDIES
SEC. 1. MOTION FOR RECONSIDERATION IN SUSPENSION OF PAYMENTS PROCEEDINGS. – A party may file a motion for reconsideration of a Suspension of Payments Order, or any order issued by the court prior to its order confirming or disapproving the proposed agreement mentioned in Section 9, Rule 3 (A) of these Rules. No relief can be extended to the party aggrieved by the court’s order on the motion through a special civil action for certiorari under Rule 65 of the Rules of Court.
Continue readingImplementing Rules and Regulations: Cybercrime Prevention Act of 2012
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[The full text of the Implementing Rules and Regulations of Republic Act No. 10175, or the “Cybercrime Prevention Act of 2012” is reproduced below. See also Online Libel, Summary/Discussion on Cybercrimes, and the full text of Republic Act No. 10175 and the Rule on Cybercrime Warrants.]
Continue readingVoting Guidelines for the 2016 Elections (Gabay sa Pagboto: 2016 National and Local Elections)
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[Note: The Commission on Elections (COMELEC) issued a set of guidelines to help voters during the 2016 National and Local Elections. We are reproducing the guidelines to assist in disseminating this important information. Here’s the full text of the “Gabay sa Pagboto: 2016 National and Local Elections” released by the COMELEC.] Continue reading