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POINT OF LAW
The Alternative Dispute Resolution Act of 2004: Resurrecting the Dead?
by Francis Lim - July 6, 2004 - 12:00am
In the May 14, 2002 issue of this paper, I wrote about two cases (Salas vs. Laperal Realty Corporation, 320 SCRA 610 [1999]) and Del Monte Corporation-USA vs. Court of Appeals, 351 SCRA 373 [2001]) decided by the...
Do private employees have a right to privacy over their e-mail communications?
by Francis Lim - June 1, 2004 - 12:00am
The development of computer and Internet technology has caused the public and the private sector to be highly dependent on these advances for faster communication and increased productivity. It is not uncommon for...
Is an order approving a rehabilitation plan appealable?
by Francis Lim - May 4, 2004 - 12:00am
What is the appellate remedy of a party if a special commercial court approves a rehabilitation plan?
Is stay under the rehabilitation rules automatic?
by Francis Lim - March 16, 2004 - 12:00am
A basic concept in Philippine rehabilitation (reorganization) law is stay of actions. Under this concept, enforcement of claims of creditors, whether secured or unsecured, is suspended during rehabilitation proceedings....
The Supreme Court strikes at interest rates – again!
by Francis Lim - February 24, 2004 - 12:00am
What is deemed a reasonable rate of interest for loans? The question was considered – again –in the 2003 case of Corazon G. Ruiz vs. Court of Appeals, et al., G.R. No. 146942, April 22, 2003. Briefly,...
Who has priority to the shares of stock – an attaching creditor or the subsequent buyer?
by Francis Lim - December 9, 2003 - 12:00am
Shares of stock are attached pursuant to a writ of preliminary attachment issued against the shareholder. The same shares are subsequently sold to a third party who does not know of the attachment. Who has priority...
Residual jurisdiction of rehabilitation courts
by Francis Lim - September 30, 2003 - 12:00am
The Securities Regulation Code transferred the jurisdiction over rehabilitation cases from the Securities and Exchange Commission (SEC) to Regional Trial Courts specially designated by the Supreme Court (now commonly...
The Anti-Wiretapping Act and board meetings through telephone and video conferencing
by Francis Lim - August 26, 2003 - 12:00am
A little over a year after the enactment of the Electronic Commerce Act (R.A. 8792), the Securities and Exchange Commission (SEC) authorized, under certain conditions, attendance by directors of board meetings through...
Is a by-law provision required for board meetings via tele/video conferencing call?
by Francis Lim - August 12, 2003 - 12:00am
A few weeks ago, I wrote about board meetings done through telephone or video conferencing. Such medium has been allowed, under certain conditions, as early as Aug. 9, 2001. The authority had been formalized under...
Is tape or e-recording essential for validity of board meetings via tele/video conferencing?
by Francis Lim - June 17, 2003 - 12:00am
Sometime in August 2001, the ACCRA Law Offices, through its then Managing Partner, Victor P. Lazatin, requested for an opinion from the Securities and Exchange Commission ("SEC") as to whether or not the...
Is an agreement to postpone foreclosure proceedings without need of publication valid?
by Francis Lim - May 27, 2003 - 12:00am
The regional economic crisis that started in 1997 has seen borrowers default in the payment of their bank loans. Such is the state of our economy that the total non-performing loans of our commercial banks stood...
Does transfer of a non-performing loan to a SPV under the SPV Act require consent of the debtor?
by Francis Lim - May 13, 2003 - 12:00am
On Dec. 23, 2002, President Arroyo approved into law Republic Act 9182, otherwise known as "The Special Purpose Vehicle (SPV) Act of 2002." The law became effective on Jan. 26, 2003.
Maximizing the use of our special commercial courts
by Francis Lim - April 22, 2003 - 12:00am
In one of the major papers, the Securities and Exchange Commission (SEC) was reported to have proposed the creation of a special court to hear and decide cases involving investment scams that have victimized thousands...
Inspection of corporate records of publicly listed companies
by Francis Lim - April 1, 2003 - 12:00am
One of the fundamental rights of a stockholder is the right of inspection of corporate records. This right is based on his ownership of shares in the corporation and the necessity of self-protection. While the shareholders...
Is the autonomy principle in arbitration law an iron-clad rule?
by Francis Lim - February 25, 2003 - 12:00am
In my article published in the Jan. 7, 2003 issue of this paper, I discussed the autonomy principle in arbitration law. Under this principle, an arbitral clause contained in a contract is considered separate and...
Some 2002 Supreme Court resolutions and circulars affecting legal practice
by Francis Lim - February 4, 2003 - 12:00am
(This is a continuation of the same article published in the Jan. 21, 2003 issue of this paper) Mediation in the trial courts On April 24, 2002, the Supreme Court issued Administrative Circular 20-2002 governing...
Some 2002 Supreme Court resolutions and circulars affecting legal practice
by Francis Lim - January 21, 2003 - 12:00am
( First of two parts ) I thought of writing this article to remind my brethrens in the profession about some resolutions and circulars that the Supreme Court issued in 2002. These circulars and resolutions affect,...
What is the Autonomy Principle in Arbitration Law?
by Francis Lim - January 7, 2003 - 12:00am
Arbitration is fast gaining acceptance as a means of settling contractual disputes. This is especially true in international commercial transactions where there is some mistrust in the judicial systems of the countries...
Lawyering in the context of corporate practice
by Francis Lim - December 31, 2002 - 12:00am
Is acting as a nominee-stockholder or officer in a corporation formed or acquired for a client part of legitimate lawyering?
Who owns the foreclosed property during the redemption period: The mortgagor or the successful bidder?
by Francis Lim - December 10, 2002 - 12:00am
A recurring question is often asked: after foreclosure proceedings and during the redemption period, who owns the foreclosed property? Is it the mortgagor or the successful bidder? The question is asked because...
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