Professional Documents
Culture Documents
8369
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March 6, 2007
5. Presidential Decree No. 532 (Anti-Piracy and AntiHighway Robbery Law of 1974); and,
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Appeals.
It shall be unlawful for any person, police officer or
custodian of the bank data and information obtained after
examination of deposits, placements, trust accounts, assets
and records to copy, to remove, delete, expunge, incinerate,
shred or destroy in any manner the items enumerated
above in whole or in part under any pretext whatsoever,
Any person who copies, removes, deletes, expunges,
incinerates, shreds or destroys the items enumerated
above shall suffer a penalty of not less than six years and
one day to twelve (12) years of imprisonment.
SEC. 33. Disposition of Bank Materials. - The sealed
envelope or sealed package and the contents thereof,
which are deposited with the authorizing division of the
Court of Appeals, shall be deemed and are hereby declared
classified information and the sealed envelope or sealed
package shall not be opened and its contents shall not be
divulged, revealed, read, or used as evidence unless
authorized in a written order of the authorizing division of
the Court of Appeals, which written order shall be granted
only upon a written application of the Department of
Justice filed before the authorizing division of the Court of
Appeals and only upon a showing that the Department of
Justice has been duly authorized in writing by the AntiTerrorism Council to file the application, with notice in
writing to the party concerned not later than three days
before the scheduled opening, to open, reveal, divulge, and
use the contents of the sealed envelope or sealed package
as evidence.
Any person, law enforcement official or judicial authority
who violates his duty to notify in writing as defined above
shall suffer the penalty of six years and one day to eight
years of imprisonment.
SEC. 34. Application to Open Deposited Bank Materials. The written application, with notice in writing to the party
concerned not later than three days of the scheduled
opening, to open the sealed envelope or sealed package
shall clearly state the purpose and reason: (a) for opening
the sealed envelope or sealed package; (b) for revealing
and disclosing its classified contents; and, (c) for using the
classified information, data, excerpts, summaries, notes,
memoranda, working sheets, reports, and documents as
evidence.
SEC. 35. Evidentiary Value of Deposited Bank Materials. Any information, data, excerpts, summaries, notes,
memoranda, work sheets, reports, or documents acquired
from the examination of the bank deposits, placements,
trust accounts, assets and records of: (1) a person charged
or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism; (2) a judicially declared
and outlawed terrorist organization, association, or group
of persons; or (3) a member of such organization,
association, or group of persons, which have been secured
in violation of the provisions of this Act, shall absolutely
not be admissible and usable as evidence against anybody
in any judicial, quasi-judicial, legislative, or administrative
investigation, inquiry, proceeding, or hearing.
SEC. 36. Penalty for Unauthorized or Malicious
Examination of a Bank or a Financial Institution. - Any
person, police or law enforcement personnel who
examines the deposits, placements, trust accounts, assets,
or records in a bank or financial institution of: (1) a person
charged with or suspected of the crime of terrorism or the
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December 2, 2008
RULES
OF
PROCEDURE
REHABILITATION
ON
CORPORATE
RESOLUTION
Acting on the recommendation of the Subcommittee on
Special Rules for Special Commercial Courts, submitting for
the consideration and approval of the Court the Resolved
to APPROVED the same.
The Rule shall take effect on January 16, 2009 following its
publication in two (2) newspapers of general circulation.
December 2, 2008
RULES OF PROCEDURE ON CORPORATE REHABILITATION
(2008)
RULE 1
COVERAGE
Section 1. Scope - These Rules shall apply to petitions for
rehabilitation of corporations, partnerships and
associations pursuant to Presidential Decree No. 902-A, as
amended.
Section 2. Applicability to Rehabilitation Cases Transferred
from the Securities and Exchange Commission. - Cases for
rehabilitation transferred from Securities Exchange
Commission to the Regional Trial Court pursuant to
Republic Act No. 8799, otherwise known as The Securities
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(b) The debtor shall comply with the provisions of the plan
and shall take all actions necessary to carry out the plan;
(c) Payments shall be made to the creditors in accordance
with the provisions of the plan;
RULE 4
DEBTOR-INITIATED REHABILITATION
(a) The plan and its provisions shall be binding upon the
debtor and all persons who may be affected thereby,
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rehabilitation.
A group of companies may jointly file a petition for
rehabilitation under these Rules when one or more of its
constituent corporations foresee the impossibility of
meeting debts when they respectively fall due, and the
financial distress would likely adversely affect the financial
condition and/or operations of the other member
companies of the group is essential under the terms and
conditions of the proposed rehabilitation plan.
(c) Five (5) copies of the petition shall be filed with the
court.
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(a) Within twenty (20) days after the last hearing, the
court shall issue an order which shall:
Section 10. modification of Proposed Rehabilitation Plan. The debtor may modify its rehabilitation plan in the light
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PRE-NEGOTIATED REHABILITATION
Section 1. Pre-negotiated Rehabilitation Plan. - A debtor
that foresees the impossibility of meeting its debts as they
fall due may, by itself or jointly with any of its creditors, file
a verified petition for the approval of a pre-negotiated
rehabilitation plan. The petition shall comply with Section
2 of Rule 4 and be supported by an affidavit showing the
written approval or endorsement of creditors holding at
least two-thirds (2/3) of the total liabilities of the debtor,
including secured creditors holding more than fifty percent
(50%) of the total secured claims of the debtor and
unsecured creditors holding more than fifty percent (50%)
of the total unsecured claims of the debtor.
Section 2. Issuance of Order. - If the court finds the petition
sufficient in form and substance, it shall, not later than five
(5) working days from the filing of the petition, issue an
order which shall:
(a) Identify the debtor, its principal business or activity/ies
and its principal place of business;
(b) Direct the publication of the order in a newspaper of
general circulation once a week for at least two (2)
consecutive weeks, with the first publication to be made
within seven (7) days from the time of its issuance;
(c) Direct the service by personal delivery of a copy of the
petition on each creditor who is not a petitioner holding at
least five percent (5%) of the total liabilities of the debtor,
as determined in the schedule attached to the petition,
within three (3) days;
(d) Direct the petitioner to furnish a copy of the petition
and its annexes, as well as the stay order, to the relevant
regulatory agency;
(e) State that copies of the petition and the rehabilitation
plan are available for examination and copying by any
interested party;
(f) Direct creditors and other parties interested (including
the Securities and Exchange Commission and the relevant
regulatory agencies such as, but not limited to, the Bangko
Sentral ng Pilipinas, the Insurance Commission, the
National Telecommunications Commission, the Housing
and Land Use Regulatory Board and the Energy Regulatory
Commission) in opposing the petition or rehabilitation
plan to file their verified objections thereto or comments
thereon within a period of not later than twenty (20) days
from the second publication of the order, with a warning
that failure to do so will bar them from participating in the
proceedings;
(g) Appoint the rehabilitation receiver named in the plan,
unless the court finds that he is not qualified under these
Rules in which case it may appoint a qualified
rehabilitation receiver of its choice;
(h) Stay enforcement of all claims, whether for money or
otherwise and whether such enforcement is by court
action or otherwise, against the debtor, its guarantors and
persons not solidarily liable with the debtor; provided, that
the stay order shall not cover claims against letters of
credit and similar security arrangements issued by a third
party to secure the payment of the debtor's obligations;
provided further, that the stay order shall not cover
foreclosure by a creditor of property not belonging to a
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PART II
CIVIL PROCEDURE
Citizen suits filed under R.A. No. 8749 and R.A. No. 9003
shall be governed by their respective provisions.
RULE 2
PLEADINGS AND PARTIES
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and the schedule of trial. Said order shall bind the parties,
limit the trial to matters not disposed of and control the
course of action during the trial.
Section 10. Efforts to settle. - The court shall endeavor to
make the parties agree to compromise or settle in
accordance with law at any stage of the proceedings before
rendition of judgment.
RULE 4
TRIAL
Section 1. Continuous trial. - The judge shall conduct
continuous trial which shall not exceed two (2) months
from the date of the issuance of the pre-trial order.
Before the expiration of the two-month period, the judge
may ask the Supreme Court for the extension of the trial
period for justifiable cause.
Section 2. Affidavits in lieu of direct examination. - In lieu
of direct examination, affidavits marked during the pretrial shall be presented as direct examination of affiants
subject to crossexamination by the adverse party.
Section 3. One-day examination of witness rule. - The court
shall strictly adhere to the rule that a witness has to be
fully examined in one (1) day, subject to the courts
discretion of extending the examination for justifiable
reason. After the presentation of the last witness, only oral
offer of evidence shall be allowed, and the opposing party
shall immediately interpose his objections. The judge shall
forthwith rule on the offer of evidence in open court.
Section 4. Submission of case for decision; filing of
memoranda. - After the last party has rested its case, the
court shall issue an order submitting the case for decision.
The court may require the parties to submit their
respective memoranda, if possible in electronic form,
within a non-extendible period of thirty (30) days from the
date the case is submitted for decision.
The court shall have a period of sixty (60) days to decide
the case from the date the case is submitted for decision.
Section 5. Period to try and decide. - The court shall have a
period of one (1) year from the filing of the complaint to
try and decide the case. Before the expiration of the oneyear period, the court may petition the Supreme Court for
the extension of the period for justifiable cause.
The court shall prioritize
environmental cases.
the
adjudication
of
RULE 5
JUDGMENT AND EXECUTION
Section 1. Reliefs in a citizen suit. - If warranted, the court
may grant to the plaintiff proper reliefs which shall include
the protection, preservation or rehabilitation of the
environment and the payment of attorneys fees, costs of
suit and other litigation expenses. It may also require the
violator to submit a program of rehabilitation or
restoration of the environment, the costs of which shall be
borne by the violator, or to contribute to a special trust
fund for that purpose subject to the control of the court.
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the court that fact within five (5) days therefrom; and
(f) The reliefs prayed for which may include a prayer for
the issuance of a TEPO.
Section 3. Where to file. - The petition shall be filed with
the Supreme Court or with any of the stations of the Court
of Appeals.
Section 4. No docket fees. - The petitioner shall be exempt
from the payment of docket
fees.
Section 5. Issuance of the writ. - Within three (3) days from
the date of filing of the petition, if the petition is sufficient
in form and substance, the court shall give an order: (a)
issuing the writ; and (b) requiring the respondent to file a
verified return as provided in Section 8 of this Rule. The
clerk of court shall forthwith issue the writ under the seal
of the court including the issuance of a cease and desist
order and other temporary reliefs effective until further
order.
Section 6. How the writ is served. - The writ shall be served
upon the respondent by a court officer or any person
deputized by the court, who shall retain a copy on which to
make a return of service. In case the writ cannot be served
personally, the rule on substituted service shall apply.
Section 7. Penalty for refusing to issue or serve the writ. - A
clerk of court who unduly delays or refuses to issue the
writ after its allowance or a court officer or deputized
person who unduly delays or refuses to serve the same
shall be punished by the court for contempt without
prejudice to other civil, criminal or administrative actions.
Section 8. Return of respondent; contents. - Within a nonextendible period of ten (10) days after service of the writ,
the respondent shall file a verified return which shall
contain all defenses to show that respondent did not
violate or threaten to violate, or allow the violation of any
environmental law, rule or regulation or commit any act
resulting to environmental damage of such magnitude as
to prejudice the life, health or property of inhabitants in
two or more cities or provinces.
All defenses not raised in the return shall be deemed
waived.
The return shall include affidavits of witnesses,
documentary evidence, scientific or other expert studies,
and if possible, object evidence, in support of the defense
of the respondent.
A general denial of allegations in the petition shall be
considered as an admission thereof.
Section 9. Prohibited pleadings and motions. - The
following pleadings and motions are prohibited:
(a) Motion to dismiss;
(b) Motion for extension of time to file return;
(c) Motion for postponement;
(d) Motion for a bill of particulars;
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RULE 9
PROSECUTION OF OFFENSES
Section 1. Who may file. - Any offended party, peace officer
or any public officer charged with the enforcement of an
environmental law may file a complaint before the proper
officer in accordance with the Rules of Court.
Section 2. Filing of the information. - An information,
charging a person with a violation of an environmental law
and subscribed by the prosecutor, shall be filed with the
court.
Section 3. Special prosecutor. - In criminal cases, where
there is no private offended party, a counsel whose
services are offered by any person or organization may be
allowed by the court as special prosecutor, with the
consent of and subject to the control and supervision of the
public prosecutor.
RULE 10
PROSECUTION OF CIVIL ACTIONS
Section 1. Institution of criminal and civil actions. - When a
criminal action is instituted, the civil action for the
recovery of civil liability arising from the offense charged,
shall be deemed instituted with the criminal action unless
the complainant waives the civil action, reserves the right
to institute it separately or institutes the civil action prior
to the criminal action.
Unless the civil action has been instituted prior to the
criminal action, the reservation of the right to institute
separately the civil action shall be made during
arraignment.
In case civil liability is imposed or damages are awarded,
the filing and other legal fees shall be imposed on said
award in accordance with Rule 141 of the Rules of Court,
and the fees shall constitute a first lien on the judgment
award. The damages awarded in cases where there is no
private offended party, less the filing fees, shall accrue to
the funds of the agency charged with the implementation
of the environmental law violated. The award shall be used
for the restoration and rehabilitation of the environment
adversely affected.
RULE 11
ARREST
Section 1. Arrest without warrant; when lawful. - A peace
officer or an individual deputized by the proper
government agency may, without a warrant, arrest a
person:
(a) When, in his presence, the person to be arrested has
committed, is actually committing or is attempting to
commit an offense; or
(b) When an offense has just been committed, and he has
probable cause to believe based on personal knowledge of
facts or circumstances that the person to be arrested has
committed it. Individuals deputized by the proper
government agency who are enforcing environmental laws
shall enjoy the presumption of regularity under Section
3(m), Rule 131 of the Rules of Court when effecting arrests
for violations of environmental laws.
Section 2. Warrant of arrest. - All warrants of arrest issued
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RULE 15
ARRAIGNMENT AND PLEA
(d) The auction sale shall be with notice to the accused, the
person from whom the items were seized, or the owner
thereof and the concerned government agency.
(e) The notice of auction shall be posted in three
conspicuous places in the city or municipality where the
items, equipment, paraphernalia, tools or instruments of
the crime were seized.
(f) The proceeds shall be held in trust and deposited with
the government depository bank for disposition according
to the judgment.
RULE 13
PROVISIONAL REMEDIES
Section 1. Attachment in environmental cases. - The
provisional remedy of attachment under Rule 127 of the
Rules of Court may be availed of in environmental cases.
Section 2. Environmental Protection Order (EPO);
Temporary Environmental Protection Order (TEPO) in
criminal cases. - The procedure for and issuance of EPO
and TEPO shall be governed by Rule 2 of these Rules.
RULE 14
BAIL
Section 1. Bail, where filed. - Bail in the amount fixed may
be filed with the court where the case is pending, or in the
absence or unavailability of the judge thereof, with any
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