Tag Archives: Philippines

Posting of Bail during the Enhanced Community Quarantine (ECQ) Period

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Courts are physically closed until 30 April 2020, but may still act on urgent matters through electronic means. The Office of the Court administrator issued OCA Circular No. 89-2020, pursuant to the directive of the Supreme Court (Administrative Circular No. 33-2020) to “ensure the proper implementation of (the said) Administrative Circular”. The Guidelines  are only temporary and “shall be in effect only during this duration of public health emergency”. 

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Court Hearings Suspended until 30 April 2020, All Deadlines Extended 30 Days from 1 May 2020

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[All court hearings throughout the Philippines, except urgent matters, are suspended until the end of the extended Enhanced Community Quarantine (ECQ), or until 30 April 2020. Court deadlines falling on or before 30 April 2020, are extended until 31 May 2020. Note, however, that the ECQ has been extended until 15 May 2020. Here is the full text of SC Administrative Circular No. 34-2020.]

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Residence: Guidelines to Validate Compliance with Jurisdictional Requirement (Annulment, Declaration of Nullity, Legal Separation)

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Venue, or in which city or province the petition must be filed, is one of the matters covered in the relevant procedures for legal separation or annulment/declaration of nullity. The venue in these petitions is the place of residence of either the petitioner (spouse who filed the petition) or respondent (the other spouse), at the option of the petitioner. The Supreme Court has issued a set stricter guidelines when it comes to venue. 

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COVID-19 Lockdown: Fortuitous Event or Force Majeure Exemption from Obligations

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The entire Luzon has been placed under enhanced community quarantine (ECQ), also called a lockdown, by the President. On 8 March 2020, the President issued Proclamation No. 922, declaring a State of Public Health Emergency throughout the Philippines due to the Corona Virus Disease 2019 (Covid-19). A lockdown was declared on 14 March 2020 over the National Capital Region (NCR), expanded to the entire Luzon effective 17 March 2020. The ECQ has been extended to 30 April 2020; further extended to May 15 in high-risk areas. Local Government Units (LGUs) throughout the Philippines also declared a lockdown in their respective territorial jurisdictions.

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Mixed Marriages and Divorce: When One Spouse is a Foreigner, Divorce is Recognized even if Initiated by the Filipino Spouse

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Divorce is not allowed under Philippine laws, a prohibition which attaches, based on the nationality principle, to Filipinos wherever they may go anywhere in the world. Divorce bills have been filed in Congress through the years, but there seems to be no earnest interest in tackling it. Nevertheless, Philippine laws do recognize the fact of divorce. 

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Marital Rape in the Philippines

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The issue of consent, or the lack of it, is essential in rape cases. In marriage, sexual community is a mutual right and obligation between husband and wife. Sexual intercourse is theoretically consensual, obligatory even, between husband and wife. Copulation is presumed between cohabiting husband and wife unless the contrary is proved. This is the argument of the accused in People vs. Jumawan (G.R. No. 187495, 21 April 2014). The extensive discussion on marital rape in this case warrants a near-verbatim reproduction of the Supreme Court’s decision. 

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PUM and PUI No More: Shift of Classifications to Suspect Case, Probable Case, and Confirmed COVID-19 Case

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The Department of Health (DOH) ordered the shift of classifying individuals from Patients Under Investigation (PUI) and Persons Under Monitoring (PUM), to Suspect, Probable and Confirmed COVID-19 Cases. Note that for rapid test kits, a person who tests positive is not yet considered a Confirmed Case, but still a Probable Case. [If we may add, we do not like the new labels, as it resembles the labels we use in criminal cases, an unfortunate coincidence which does not help in quelling the discrimination against COVID-19 patients.] The new classifications under DOH Administrative Order No. 2020 – 0013 dated 9 April 2020, are as follows:

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Hospitals Cannot Refuse Treating Patients in Emergency Situations

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With the rapid rise of medical emergencies during the Coronavirus Disease 2019 (Covid-19) pandemic, concerns have been raised on the capacity of hospitals, clinics and and medical facilities to absorb the influx of patients. A number of hospitals already issued statements that they have exceeded their capacities. There are legitimate concerns about hospitals turning away patients by reason of overcapacity. 

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Primer on the Rules on Liquidation of Closed Banks (A.M. No. 19-12-02-SC)

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The Rules on Liquidation of Closed Banks (“Rules”), which took effect on 1 April 2020, was approved by the Supreme Court on 18 February 2020 (A.M. No. 19-12-02-SC). The Rules applies to banks closed and placed under liquidation by the Monetary Board (MB) of the Bangko Sentral ng Pilipinas (BSP). The summary or primer is provided below.

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