An online portal of compilations on jurisprudence, law notes, case digests, case doctrines, and Philippine law updates.
The 30-days Grace Period for Loans During Covid-19 Pandemic Ends on May 31, 2020
Creditors were mandated to give debtors a 30-days mandatory grace period for loans that fall due during the enhanced community quarantine as so declared by Section 4(aa) of the Republic Act No. 11469, otherwise known as the Bayanihan to Health As One Act. This is premised under the economic restrictions imposed by placing the Philippines under community quarantine due to the Covid-19 pandemic.
Unfortunately, the 30-days grace period for loans will no longer apply effective June 1, 2020.
The Bangko Sentral Ng Pilipinas issued Memorandum No. M-2020-045 for the guidelines. It provides that all principals and interests that fall due on or before May 31, 2020 are still covered by the 30-days grace period. All debts, the principal and interest alike, incurred effective June 1, 2020, will no longer be entitled to the 30-days grace period and thus will be due and demandable on their due dates.
The lifting of the 30-days grace period for loans was affected by the classification of the National Capital Region to be under General Community Quarantine and other parts of the country under Modified Enhanced Community Quarantine by the IATF.
case digest, Philippine law, jurisprudence, SCRA
30-days grace period,
bayanihan act,
bayanihan law,
bayanihan to heal as one act,
covid 19,
creditor,
debtor,
grace period,
loans,
ra 11469
Philippine Government Issuances On Covid-19
As COVID-19 strikes the Philippines, various government issuances were released beginning March 2020 COVID that changed the life of the Filipinos.
Here are some of the important government issuances that have a significant impact on the country and the way of living of its people.
MARCH 8, 2020 - Presidential Proclamation No. 922, series of 2020
President Rodrigo Duterte issued the Presidential Proclamation No. 22, series of 2020 declaring a State of Public Health Emergency throughout the entire Philippines in response to the confirmation of the Secretary of Health on the local transmission of COVID-19 in the Philippines. All government agencies and local government units (LGUs) were mandated to render full assistance and undertake appropriate response to curtail and eliminate the virus. The Secretary of Health may also call upon the PNP and other law enforcement agencies to assist in addressing the COVID-19 threat. On the other hand, residents, tourists, and establishment owners were urged to comply with lawful directives and advisories to be issued by appropriate government agencies.
MARCH 9, 2020 - Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF-MEID) issued Resolution No. 10, series of 2020.
The IATF-MEID issued Resolution No. 10, series of 2020 recommending as among others the suspension of classes in all levels in Metro Manila while prohibiting mass gathering and imposing social distancing measures within the National Capital Region. It also encouraged the private sectors to provide alternative working arrangements among its employees, including social distancing at the workplace.
MARCH 12, 2020 - Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF-MEID) issued Resolution No. 11, series of 2020.
The IATF-MEID issued Resolution No. 11, series of 2020 raising the Code Red Alert for COVID-19 to Sublevel 2, recommending to place the entire Metro Manila under community quarantine for thirty (30) days. It also encourages flexible working arrangements in the private sector, while mass transport continues operation. Domestic travels by land, air, and sea to and from Metro Manila will be suspended effective March 15, 2020. LGUs outside of NCR were given the discretion to suspend classes. Entry travel restriction from those traveling from countries with localized COVID-19 transmission was also imposed, except Filipino citizens, their spouse and children.
MARCH 13, 2020 - Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF-MEID) issued Resolution No. 12, series of 2020.
The IATF-MEID issued Resolution No. 12, series of 2020 recommending the Social Distancing Measure within the NCR. Mass gatherings to be suspended and enhanced community quarantine will be imposed. Alternative work arrangements were encouraged within the private sectors.
MARCH 16, 2020 - Proclamation No. 929, series of 2020
President Rodrigo Duterte issued Proclamation No. 929, series of 2020 declaring a State of Calamity Throughout the Philippines due to COVID-19 for a period of six (6) months. The enhanced community quarantine will be imposed effective 12 midnight (March 17, 2020) until April 12, 2020 throughout Luzon.
A Memorandum from the Office of the Executive Secretary was also issued on the same day on guidelines for the enforcement of the ECQ which include as among others the suspension of classes, prohibition of mass gatherings, strict home quarantine, suspension of mass transport, restriction on travel by air, land, and sea, and the temporary closure of private establishments except those providing essential services.
MARCH 17, 2020 - Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF-MEID) issued Resolution No. 13, series of 2020.
The IATF-MEID issued Resolution No. 13, series of 2020 on the guidelines for the implementation of the Enhanced Community Quarantine over Luzon. Among the recommendations include the preparedness of the National Disaster Risk Reduction and Management Council (NDRRMC) for the worst-case scenario and to develop a recovery plan. It also provides some modifications to the Memorandum issued by the Executive Secretary last March 16, 2020. Hotels and similar establishments were not allowed to operate with some exemptions.
MARCH 19, 2020 - DTI Memorandum Circular No. 202-06
The DTI issued M.C. No. 202-06 to provide the guidelines on the establishments that are considered as essentials to avoid hampering the movement of cargo and transit of personnel of the said business establishments. The covered enterprises include all manufacturers of food and essential products, medicine, medical supplies; retail establishments (groceries, supermarkets, convenience stores, drug stores, and pharmacies; Export companies and BPOs. Employees of the said companies are required to present a valid company ID, proof of residence, and Certificate of Employment.
The DTI also issued Memorandum Circular No. 2020-07 that limits the sale and purchase of certain goods while freezing the prices of the basic necessities to its prevailing price.
MARCH 20, 2020 - Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF-MEID) issued Resolution No. 14, series of 2020.
The IATF-MEID issued Resolution No. 14, series of 2020 canceling the Visas issued to foreigners, accommodation of distressed OFWs and exemptions to the ECQ as among others.
MARCH 21, 2020 - DILG issued Memorandum Circular No. 2020-062
The Circular provides guidelines to the LGUs regarding the implementation of the ECQ and State of Public Health Emergency due to the COVID-19 threat. Among the general guidelines declared that:
MARCH 23, 2020 - Administrative Order No. 26, series of 2020
The Office of the President authorized the grant of Hazard Pay to all government personnel who physically report for work during the implementation of ECQ.
MARCH 21, 2020 - DILG issued Memorandum Circular No. 2020-062
The Circular provides guidelines to the LGUs regarding the implementation of the ECQ and State of Public Health Emergency due to the COVID-19 threat. Among the general guidelines declared that:
a. All LGUs, being charged with the promotion of health and safety within their jurisdiction, are to take the lead in the prevention and control of the spread of the COVID-19 at the local level.
b. Local Chief Executives must remain present in their areas of jurisdiction and all local officials, being frontliners in times of crises, are banned from traveling outside of the area.
c. LGUs must adhere to the guidelines and not overextend its implementation, nor deliberately leave out its explicit provisions.
d. LGUs must organize their Barangay Health Emergency Response Teams (BHERTs) by managing persons under investigation (PUIs) and those who came in contact with them.
e. LGUs shall establish checkpoints.
f. Local chief Executives must monitor the prices of items of necessity.
g. LGUs shall enforce the prohibition on mass gatherings.
h. LGUs shall not use DepEd schools as quarantine or isolation areas unless otherwise allowed by DepEd.
MARCH 23, 2020 - Administrative Order No. 26, series of 2020
The Office of the President authorized the grant of Hazard Pay to all government personnel who physically report for work during the implementation of ECQ.
MARCH 24, 2020 - Republic Act No. 11469 or the “Bayanihan to Heal As One Act,”
President Rodrigo Duterte signed the Bayanihan Act of 2020 enacted by the Philippine legislature giving the President special powers to respond to the COVID-19 situation in the country. The law mandates the executive branch to provide or carry-out the following, among others:
President Rodrigo Duterte signed the Bayanihan Act of 2020 enacted by the Philippine legislature giving the President special powers to respond to the COVID-19 situation in the country. The law mandates the executive branch to provide or carry-out the following, among others:
a. Emergency subsidy to 18million low income households for two (2) months not exceeding Php8,000;
b. Special Risk Allowance to public health workers;
c. Medical benefit to public and private health workers in case of exposure to work-related injury or disease;
d. Exposure compensation of Php100,000 and death benefit of Php1,000,000 to public and private health workers;
e. Enforcement of measures to protect the people from economic manipulations, such as hoarding, profiteering, injurious speculations, manipulation of prizes, product deceptions, cartels and monopolies or other combinations in restraint of trade that affect the supply, distribution and movement of food, clothing, hygiene and sanitation products, medicine and medical supplies, fuel, fertilizers, chemicals, building materials, implements, machinery, equipment and spare parts required in agriculture, industry and other essential services, and other articles of prime necessity, whether imported or locally produced or manufactured;
f. Hiring of temporary medical and allied medical staff to complement or supplement the current health workforce;
g. Availability of credit to the productive sectors of the economy in the countryside;
h. Liberalize incentives for the manufacture or importation of critical or needed healthcare equipment or supplies;
i. Adopt measures necessary to minimize disruption to the supply chain for basic commodities and services and ensure availability of essential goods, such as food and medicine;
j. Regulate and limit the operation of all sectors of transportation through land, sea or air, whether private or public;
k. Regulate traffic on all roads, streets and bridges, as well as prohibit and remove encroachments and illegal construction in public places;
l. Authorize alternative working arrangements for employees and workers;
m. Conserve and regulate the distribution and use of power, fuel, energy and water, and ensure their adequate supply;
n. Direct all unobligated allotments and savings from appropriated programs, projects or activities of any agency in the Executive branch, including GOCCs, in the 2019 and 2020 budget, whether released and unreleased, as well as reprogram, reallocate and realign from savings on other items of appropriation in the 2020 budget of the Executive department, to respond to COVID-19 emergency including social amelioration for affected communities, and the recovery of areas, sectors and industries severely affected;
o. Authority of the President to allocate cash, funds and investments, including unutilized or unreleased subsidies and transfers held by GOCCs or any national government agency;
p. Move deadlines for the payment of taxes, fees and other charges, and the timeliness for the filing and submission of any document, required by law;
q. Direct all banks, quasi-banks, financing companies, lending companies and other financial institutions, public and private, including GSIS, SSS, PAG-IBIG Fund, to grant a 30-day grace period for the payment of EVERY loan without incurring interests, penalties, fees and other charges;
r. Granting a minimum of 30-day grace period on residential rents without incurring interests, penalties, fees and other charges; and
s. Pantawid Pamilya Pilipino Program, whether in cash or non-cash.
The IATF also passed Resolution No. 15 on the same day directing the Philippine Charity Sweepstakes Office (PCSO) to transfer about Php420million to the Philippine Health Insurance Corporation to cover COVID-19 related packages.
March 27, 2020 - DILG issued Memorandum Circular No. 2020-063
The MC provides the guidelines on the Management of Human Remains for Patient Under Investigation (PUI) and Confirmed COVID-19 cases.
March 28, 2020 - Joint Memorandum Circular No. 1-2020 jointly signed by the Secretaries of DSWD, DOLE, DTI, DA, DBM, DOF and DILG.
The MC provides special guidelines on the Social Amelioration Measures to mitigate the socio-economic impact of COVID-19 health crisis especially to the most affected individuals, families and communities of the areas under ECQ.
The beneficiary/ies of these programs are:
(1) senior citizens; (2) persons with disability; (3) pregnant/lactating women; (4) solo parents; (5) overseas Filipinos in distress; (6) underprivileged sector and homeless families, indigenous people, and other vulnerable groups; (7) workers in the informal sector/self-employed individuals; (8) employers; and (9) rice farmers.
April 6, 2020 - Administrative Order No. 28, series of 2020
It grants the special risk allowance to frontline public health workers during the period of ECQ.
April 7, 2020 - Memorandum from the Executive Secretary
It issues the directive on the extension of the ECQ over the entire Luzon until April 30, 2020.
April 28, 2020 - IATF Resolution No. 29, series of 2020
The Resolution identifies the areas to be placed on ECQ until May 15, 2020 as follows:
- NCR
- Region III except the province of Aurora
- Region IV-A (Calabarzon)
- Province of Pangasinan
- Province of Benguet
- Baguio City
- Province of Iloilo
- Province of Cebu
- Cebu City
- Davao City
The places not covered by the ECQ will be placed on General Community Quarantine.
STAY SAFE EVERYONE!
case digest, Philippine law, jurisprudence, SCRA
administrative order,
covid 19,
covid-19 pandemic,
ECQ,
enhanced community quarantine,
general community quarantine,
government issuances,
IATF resolutions,
philippine laws
Speedy Justice on Continuous Trial Soon to Roll in Philippine Courts Nationwide
The Philippine Courts are undoubtedly clogged
with innumerable pending cases before it which leads to the adage that justice
delayed is justice denied. Indeed the Supreme Court acknowledges that about seventy
seven (77%) of all cases pending before the Philippine Courts are criminal
cases, thus in its Resolution A.M. No. 15-06-10-SC issued on June 30, 2015, it approved
the recommendation of the Chairman of the Special Committee on Speedy Trial on
the Proposed Guidelines for Continuous Trial of Criminal Cases in different
pilot courts that took effect on August 17, 2015.
The
designated pilot courts include Metropolitan trial courts, Regional trial
courts, Drug courts and Family courts of Makati City, Manila City, Quezon City,
and Marikina City; Metropolitan trial courts, Regional trial courts, and Drug
courts of Pasig City; Metropolitan trial courts and Regional trial courts of
Pasay City; Metropolitan trial courts of Paranaque City; and the Regional trial
courts and Family courts of Muntinlupa City.
The
main principle of the Continuous Trial is to help declog the court dockets and
to expedite the resolution of criminal cases. After the successful pilot
testing of Continuous Trial on the above-mentioned first and second level
courts within Metro Manila, the continuous trial system will soon be
implemented sometime in September 2017 across all Philippine courts nationwide.
The new rule on speedy trial shall apply to the newly filed criminal cases
which likewise cover special laws and rules in the first and second level
courts, the Court of Tax Appeals and the Sandiganbayan.
Among
the pertinent goals on the implementation of the Continuous Trial System are
the termination of drug related cases within 60 days from the start of the
trial with stringent prohibition on motion for postponement except on
reasonable grounds and to trim down the length of trial duration in criminal
cases that usually drag on for many years. It also requires the promulgation of
judgment within 90 days. Hearing on motions, pre-trial, arraignment and the
promulgation of judgments shall be made every Friday morning. Trial hearings
are to be held every Monday to Thursday that should begin exactly at 8:30 in the
morning and 2:00 in the afternoon.
It
can be noted that this initiative in the justice system in the Philippines is
in response to the findings of the American Bar Association Rule of Law
Initiative on its project testing analysis conducted in 2015 providing that
special procedural and case management reforms have a significant impact in
reducing the processing time and resolution of cases. The Asia Foundation
affirmed said findings in its report in 2016 showing that there is a
significant improvement on the reduction in the duration of criminal
proceedings with improvements in the compliance of trial courts on the timeline
and periods set in the Rules of Court and laws.
It
is one of Chief Justice Sereno’s advocacies to speed up the course of criminal
proceedings in all Philippine courts and to support the efficient
implementation of Justice on Wheels project. The Continuous Trials is just one
among the several revolutionary initiatives introduced in the Philippine
justice system to expedite trial proceedings which include the implementation
of the Judicial Affidavit Rule in 2012 and the electronic court or eCourt
program in 2013 that improved the case management and docket disposition among
designated eCourts. The Hustisyeah project was also launched in 2013 with pilot
courts in Quezon City which is a court decongestion program that deploys case
decongestion officers nationwide to help reduce the dockets among 460
beneficiary courts.
Considering
the noble purpose of the Continuous Trial to give life to the spirit of the Constitutional
rights of an accused for a speedy trial, this soon to be implemented system on
speedy justice provides a comforting welcome among the members of the judiciary
and all its stakeholders. However, there are challenges that the justice system
needs to address for the efficient implementation of the Continuous Trial
system which includes filling up vacant position of judges in different courts and
the subjective appreciation of judges on what is reasonable in ruling on motion
for postponements as among many others.
case digest, Philippine law, jurisprudence, SCRA
continuous trial,
continuous trial in philippine courts,
Continuous Trial System,
pilot courts,
Special Committee on Speedy Trial,
Speedy justice
Philippine Law School Admission Test (PhilSAT) – Uniform Admission to Law School
If you are an aspiring lawyer and
is due to enroll in any law school in the Philippines this coming school year 2017-2018,
you are among the thousands of examinees vying to pass the pilot test for a
unified admission policy for all law schools. The Philippine Law School
Admission Test (PhilSAT) is conceptualized to become the standard aptitude test
that will measure the academic skills and capacity to be in law school. By
virtue of the Legal Education Board (LEB) Memorandum Order No. 7, series of
2016 the Board declared PhilSAT as a prerequisite in law school admission
either for the Bachelor of Laws or Juris Doctor degree. This Order is in pursuant
to the power of the LEB on prescribing the minimum standards for admission in
law schools under Section 7(e) of the Legal Education Reform Act of 1993 (RA
7662). The Center for Educational Measurement, Inc. (CEM) will be responsible
in the implementation and operation of the PhilSAT throughout the Philippines.
View the Legal Education Board
(LEB) Memorandum Order No. 7, series of 2016 here.
Considering the predicaments of
future law students who are sending email inquiries from me through my blog, I
try to come up with some comprehensive information regarding the PhilSAT to manage
your expectations and to make adequate preparation of passing the uniform
admission test to law schools in the Philippines.
What to expect from the PhilSAT
The PhilSAT will be a one-day
examination/aptitude multiple choice type of test. The passing rate is 55% and
passers will be given a Certificate of Eligibility valid for 2 years only.
There is no limit on how many times you can re-take the admission test once you
flunk the exam (I hope not!).
Comprehension, critical thinking
and communication abilities are important from lawyers. That is why the PhilSAT
dwells on different subtests involving language proficiency, subtests on communications,
verbal and quantitative reasoning, and critical thinking skills.
Test
for proficiency on language and communications
This will test
your grammar and usage errors, including the determination of the use of
appropriate words and phrases in a sentence. You need to practice various areas
of language proficiency, namely how to improve writing sentences, sentence
completion and identifying error in a sentence.
Test your
language and communication skills by taking this Written
Test of English Language Proficiency and Legal terminology as a good exercise.
Test
for Verbal reasoning
This test
consists of reading passages with subsequent questions about each passage. It
will test your ability to understand what you read and draw out a conclusion
according to its content.
I found this Verbal
Reasoning Practice Test that you may want to try out.
Test
for Quantitative Reasoning
This test will
measure your mathematical skills using interpretation and analysis based on
numerical information in order to draw a conclusion. Subtests include data
interpretation, data sufficiency and pattern recognition.
You may find
these tips
on quantitative reasoning helpful.
Test
for Critical thinking
The test will
measure your analytical skills and reasoning based on the written propositions
from which you will draw out a conclusion. This basically provides two types of
questions namely analytical reasoning and logical reasoning.
I found some helpful
tips and good critical thinking sample tests that you may practice from here.
Who are exempted from taking the PhilSAT
The PhilSAT provides some exemptions from taking the
admission test in law schools. To qualify you need to be an honor student who
is granted with professional civil service eligibility and is enrolling in law
school within 2 years from graduation. All these conditions must be met.
Who are qualified in taking the PhilSAT
To qualify for taking the PhilSAT you must be:
1. A graduate of a 4-year bachelor's degree or its
equivalent.
2. Graduating student of a 4-year bachelor's degree or its
equivalent at the end of the school year when the admission test is
administered.
3. Graduate of a 4-year bachelor's degree from a foreign
higher education institution certified by CHED.
Where to register for the PhilSAT admission test
The Legal Education Board has
revolutionized the registration for the PhilSAT admission test through an online
registration system. The test date will begin on April 16, 2017 with a testing
fee of P1,000.00. You may register from March 2 until April 3, 2017.
Visit the official PhilSAT online
registration website here.
You may register online here.
Testing Centers
The LEB accredited the following testing centers for the
PhilSAT:
1.
Metro Manila
2.
Baguio City
3.
Legazpi
City
4.
Cebu City
5.
Iloilo City
6.
Davao City
7.
Cagayan de Oro City
Side Note:
The PhilSAT should not deter you from pursuing your dream to
become a lawyer. Take this as an inspiring food for thought from Abraham
Lincoln.
case digest, Philippine law, jurisprudence, SCRA
admission to law school,
LEB,
Legal Education Board,
Memorandum Order No. 7,
Philippine Law School Admission Test,
PhilSAT,
RA 7662,
series of 2016,
Uniform Admission to Law School
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