Guidelines on the Number and Qualifications of Incorporators Under the Revised Corporation Code



Guidelines on the Number and Qualifications of Incorporators 
Under the Revised Corporation Code

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Guidelines on the Revival of Expired Corporations (Pursuant to Section 11 of the Revised Corporation Code of the Philippines)



Guidelines on the Revival of Expired Corporations (Pursuant to Section 11 of the Revised Corporation Code of the Philippines)
Date Posted: 25 November 2019

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 MC No. 23 s.2019



THE IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 11201, DHSUD

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of the IRR of RA 11201
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DFA now affixes ‘Apostille’ instead of ‘red ribbon’ as proof of authentication


DFA now affixes ‘Apostille’ instead of ‘red ribbon’ as proof of authentication
By Susan G. De LeonPublished on June 4, 2019




QUEZON CITY, June 4 (PIA)--The Department of Foreign Affairs (DFA) no longer issues Authentication Certificates with "red ribbon", instead an Apostille is now being affixed to documents for use abroad as a proof of authentication.

An Apostille is a certificate that authenticates the origin of a public document. It is issued by a country that is party to the Apostille Convention to be used in another country which is also a party to the Convention.

On May 14, 2019 the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille Convention) entered into force for the Philippines.

With the Apostille Convention, foreign public documents from Apostille-contracting countries need not be authenticated abroad by Philippine Embassies and Consulates General in order to be recognized and accepted in the Philippines.

In effect, Philippine public documents need not undergo diplomatic or consular authentication in order to be used abroad in fellow Apostille-contracting countries.

The Apostille Convention only applies if both the country where the public document was issued and the country where the public document is to be used are parties to the Convention


The Apostille streamlines the whole authentication procedure of documents for use abroad resulting to more convenience, less cost and processing time for the applicants.

Before Apostille, a Philippine document to be used abroad needs a certification by the relevant government agency or office, authentication by the DFA, and legalization by the Embassy of the country of destination.

With the Apostille, documents will no longer require legalization by the Foreign Embassy if the country or territory of destination is already a member of the Apostille Convention. Once Apostillized by the DFA, the document can be validly used in any and all Apostille Countries.
After authentication (Apostillization) by the DFA, there is no more need for legalization by the Foreign Embassies or Consulates except for countries that have not acceded to the Convention.

Aside from countries that have not yet acceded to the Apostille Convention, the Philippine Apostille will not apply to Austria, Finland, Germany and Greece. Documents from and to such countries will still require legalization by their Embassy or Consulate in the Philippines.

The DFA Office of Consular Affairs will be the competent authority responsible for the implementation of the Apostille Convention. The Supreme Court plays an important role since the accession would require the amendment of certain provisions of the Rules of Court pertaining to the use of foreign public documents. (PIA InfoComm/DFA)

PUBLIC ADVISORY: APOSTILLE CONVENTION ON AUTHENTICATION OF DOCUMENTS TAKES EFFECT IN PH

SEC : Notice to All SEC Registered Non-Stock Corporations

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LRA : NOTICE TO THE PUBLIC : Surrender of old Manual Titles for upgrading to Electronic Title



NOTICE TO THE PUBLIC


SUBJECT: Surrender of old Manual Titles for upgrading to Electronic Title

DATE: June 24, 2019

FROM: Administrator
Land Registration Authority

When the Land Registration Authority (LRA) embarked into computerization through the Land Titling Computerization Project (LTCP), around 16.6 Million titles of the 159 registries nationwide were scanned and uploaded in the database. However, the scanned image in the system is not the title itself but is only the picture thereof. The title remains the paper title kept in the vault of the registry office.

The aforementioned scanning of title, including the encoding of the entries thereof, serves as a preparatory process before the upgrading of the title to Electronic Title, the nature of which would be discussed herein later.

When there is a transaction involving the title, be it sale, mortgage, or any transaction that requires annotation, pursuant to Sections 54 and 57 of PD 1529, the Office of the Register of Deeds through its Records Officer is required to find the title to ascertain that it still exists because when it cannot be found, the office has to recommend the filing in court of a petition for the reconstitution of the lost title before any transaction can be had thereon.

Such is without mentioning that the legal obligation of the Registrar or his deputy is not only to find the title, he must also read and interpret them, including the documents presented, in accordance with the Civil Laws, Rules of Court, and other pertinent laws, rules and regulations.

As already mentioned, the Office of the Register of Deeds has to find the paper title but there are more than 16 Million titles nationwide and the searching thereof may be undertaken in one or more registry offices, some of which keeps around 500 thousand titles or even more.

The fact that the paper title was previously scanned is not an assurance that it still exists as of the present date, for it may have been lost or destroyed while inside the vault after the scanning thereof. Such is the inherent limitation of a title in a form of paper and the scanning therefore only guarantees that it physically exists as of the date it was scanned and not afterwards.

If the paper title is to be compared to a person, whose name for example is Pedro Gomez, the fact that his picture was taken at a given date is not a guarantee that he is still alive a month or even a day after the picture was taken. One must personally see him to ascertain that he is still alive as of the present date.

When the title is already upgraded to Electronic Title, which is described as a title that is created electronically, the title is no longer the paper title but the one that is in the database.

As earlier discussed, when the title is still manual, the Office of the Register of Deeds has to find it in its vault. But when it is already an Electronic Title, the office has to retrieve it only in the database system, and once it is retrieved, the office is actually looking at the title itself.

The completion of the upgrading of all titles to Electronic Title is also one of the indicators of the World Bank in the determination of the Philippine’s ranking in Doing Business among 190 economies. The other indicators include getting credit, taxes, enforcing contracts, resolving insolvency, among others.

In the April 30, 2019 letter to the LRA, the Department of Trade and Industry reiterated that the upgrading of paper titles to Electronic Titles would specifically improve our ranking in Doing Business. Moreover, there are also growing number of banks and institutions* that submitted their respective letters of intent to upgrade their titles to Electronic Title.

However, as of the recent time, of the 16.6 Million titles nationwide, only 28.54% or 4.7 Million titles were upgraded to Electronic Title, leaving 71.46% or 11.9 Million titles in a paper title status.

The upgrading of all titles to Electronic Title is even more needed this recently because of the increase of transactions in the registries nationwide. For the year 2018 alone, there are a total of 2.7 Million transactions in the registries.

When the title is already upgraded to Electronic Title, considering that it is easier to retrieve, it becomes a “transaction ready” title, aside from the fact that it may no longer be lost or destroyed. It is therefore of prudence on the part of the registered owner to upgrade his title to Electronic Title even before the advent of any transaction thereon.

The final step for such upgrading is his surrender of old owner’s duplicate title to the Register of Deeds, for the latter to approve it and to replace it with the owner’s duplicate title of the Electronic Title.

While the transacting public may have viewed the LRA as fully computerized in terms of processing of its transactions, it is not true however in so far as the 71.46% or 11.9 Million of its titles in the registries nationwide. We appeal therefore to the transacting public and the registered owners to assist us in the computerization of the registries by surrending their old manual titles for upgrading to Electronic Title. 

Mabuhay, God bless, and more power.




Truly yours,

 (SGD) RENATO D. BERMEJO
 Administrator
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SUBDIVISION AND CONDOMINIUM LAWS AND EXECUTIVE ISSUANCES

LAWS AND EXECUTIVE ISSUANCES

REPUBLIC ACTS
Implementing Rules and Regulations of R.A. No. 7279 (Summary Eviction): 
            To enable the equitable utilization of residential lands in urbanizable areas with particular attention to the needs of the underprivileged and homeless and not merely on the basis of market forces, several provisions in RA 7279 address Acquisition Priorities in Land Acquisition (Section 9), Modes of Land Acquisition (Section 10), Disposition (Section 12), and Valuation (Section 13) of lands for Socialized Housing.
Valuation of Lands for Socialized Housing
Specific to the valuation of lands for socialized housing (Section 13) the Department of Finance issued the following Local Finance Circulars:
Balanced Housing Development Requirement
            To further increase the low-cost housing stock available to underprivileged families and homebuyers, Section 18 of Republic Act No. 7279 (Balanced Housing Development) was amended to include the residential condominium projects in complying with the balanced housing requirement.
            Section 18 of RA 7279, as amended by Republic Act No. 10884, requires that owners and/or developers of proposed subdivision and condominium projects develop an area for socialized housing, at the option of the developer, equivalent to:                                             
  • At least fifteen percent (15%) of the total subdivision area or subdivision project cost
  • At least five percent (5%) of condominium area or project cost.
The balanced housing requirement should be accomplished within the same city or municipality, whenever feasible, and in accordance with the standards set by the Housing and Land Use Regulatory Board (HLURB) and other existing laws.
Read more: Briefer on RA 10884
            Section 17 (Registration of Socialized Housing Beneficiaries) mandates the local government units to identify and register all beneficiaries within their respective localities.
            Section 7 (Inventory of Lands) directs all city and municipal governments to conduct an inventory of all lands and improvements in their respective localities to identify residential lands, government lands, unregistered or abandoned and idle lands, and other lands. This inventory shall be updated every three years.
Incentives for the Private Sector
            Section 20 (Incentives for the Private Sector) seeks to encourage greater private sector participation through the reduction and simplification of requirements, and provision of exemptions in the payment of specific taxes.
            In Section 28 eviction and demolition, as a practice, shall be discouraged but will be allowed under specific situations: when persons or entities occupy danger areas and other public places; when government infrastructure projects are about to be implemented; or when there is a court order for eviction and demolition. The conduct of eviction or demolition orders shall be covered by specific procedures.
Socialized Housing Tax
            Section 43 authorizes local government units to impose an additional one-half (0.5%) tax on the assessed value of all lands in urban areas in excess of Fifty thousand pesos.
Summary Eviction
            Summary Eviction is authorized for those who have constructed their structures after the effectivity of RA 7279 (Section 44) and for any person or group identified as professional squatter and squatting syndicated (Section 27) . Moreover Section 30 paragraph (2) provides, "After the effectivity of this Act, the barangay, municipal or city government units shall prevent the construction of any kind of illegal dwelling units or structures within their respective localities."
EXECUTIVE ORDERS
  • Executive Order No. 272:  Authorizing the Creation of the Social Housing Finance Corporation and Directing the transfer of the Community Mortgage Program, Abot-Kaya Pabahay Fund Program, and other social Housing Powers and Functions of the National Home Mortgage Finance Corporation to the Social Housing Finance Corporation  (2004)
  • Executive Order No. 105:  Approving and Directing the Implementation of the Program for "Provision of Group Home/Foster  home for Neglected, Abandoned, Abused, Detached and Poor Older Persons and Persons with Disabilities" (2002)
  • Executive Order No. 20:  Reaffirming Mass Housing as a Centerpiece Program in the Poverty Alleviation efforts of the Government and further strengthening the Housing and Urban Development Coordinating Council  (2001)
  • Executive Order No. 258:  Prescribing Time Standards in the Issuance of Permits for Housing Projects (2000)
  • Executive Order No. 45:  Prescribing Time Periods for Issuance of Housing Related Certifications, Clearances and Permits, and Imposing Sanctions for Failure to Observe the Same (2001)
  • Executive Order No. 159:  Declaring Mass Housing as Centerpiece Program of the Estrada Administration and Constituting the Presidential commision for Mass Housing (1999)
  • Executive Order No. 170:  Establishing the Revolving Funds for Housing Projects of Local Government Units (1999)
  • Executive Order No. 71:  Devolving the Powers of the Housing and Land use Regulatory Board to approve Subdivision plans to Cities and Municipalities pursuant to R.A. no. 7160, otherwise known as the Local Government Code of 1991  (1993)
  • Executive Order No. 72:  Providing for the Preparation and Implementation of Comprehensive Land Use Plans of LOcal Government Units Pursuant to the Local Government Code of 1991 and other Pertinent Laws (1993)
  • Executive Order No. 129:  Establishing an Institutional mechanism to Curtailment of the Activities of the Professional Squatting Syndicates and Professional Squatters and Intensifying the drive against them (1993)
  • Executive Order No. 357:  Strengthening the Existing Coordinating Mechanism of the National Shelter Program of the Government Under Executive Order No. 90, Dated December 17, 1986 (1989)
  • Executive Order No. 90: Identifying the Government Agencies Essential for the National shelter program and defineing their mandates, creating the Housing and Urban Development Coordinating Council, Rationalizing funding sources and lending mechanisms for home mortgages and for other purposes (1986)
​ADMINISTRATIVE ORDER
  • Administrative Order No. 44 - Streamlining the process of issuances of Permits, Certifications, Clearances and Licenses for Housing and Resettlement Projects in Yolanda-Affected areas, Directing all Government Agencies concerned to observe the same and Imposing Sanctions for Non-Compliance.
MEMORANDUM CIRCULAR
PROCLAMATION
PRESIDENTIAL DECREE
ANTI-GRAFT AND CORRUPTION LAWS: 
REPUBLIC ACTS
  • Republic Act No. 1379:  An Act Declaring Forfeiture in Favor of the State Any Property Found to Have Been Unlawfully Acquired by Any Public Officer or Employee and Providing for the Proceedings Therefor (1955)
  • Republic Act No. 3019:  Anti-graft and Corrupt Practices Act (1960)
  • Republic Act No. 7080:  An Act Defining and Penalizing the Crime of Plunder (1991)
  • Republic Act No. 9160:  An Act Defining the Crime of MONEY Laundering, Providing Penalties Therefor and for Other Purposes (2001)
  • Republic Act No. 9194:  An Act Amending Republic Act No. 9160, Otherwise Known as the “Anti-Money Laundering Act of 2001” (2003)
  • Republic Act No. 9485:  An Act to Improve Efficiency in the Delivery of Government Service to the Public by Reducing Bureaucratic Red Tape, Preventing Graft and Corruption, and Providing Penalties Therefor (2007)
  • Republic Act No. 6770:  The Ombudsman Act of 1989 (1989)
  • Republic Act No. 6713:  Code of Conduct and Ethical Standards for Public Officials and Employees (1989)\
  • Republic Act No. 9184:  Government Procurement Reform Act (2002)
  • Republic Act No. 8368:  Anti-Squatting Law Repeal Act of 1997 (1997)
PRESIDENTIAL DECREES 
OTHERS

CUT-OFF Period of effectivity of the Adjusted Price Ceiling vis-a-vis Minimum Floor and Lot Area


NOTICE : Use of new General Information Sheet (GIS) Form

http://www.sec.gov.ph/wp-content/uploads/2019/01/2018Notice_UseoftheNewGeneralInformationSheetGISForm.pdf 
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REVISED CORPORATION CODE SIGNED INTO LAW RA 11232

 

 

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REPUBLIC ACT 11232
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HLURB REVISED Rules of Procedure before HLURB : Published January 31, 2019



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