This document outlines key provisions of the Philippines' Financial Rehabilitation and Insolvency Act (FRIA) of 2010. It defines key terms like "debtor", "liquidator", and "rehabilitation plan". The objectives of the FRIA are to encourage debtors and creditors to resolve competing claims, ensure timely and efficient rehabilitation or liquidation of debtors, maximize asset value, recognize creditor rights, and ensure equitable treatment of creditors. Rehabilitation aims to restore a debtor's financial viability, while liquidation facilitates the orderly settlement of a debtor's assets and obligations when rehabilitation is not feasible.
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0 ratings0% found this document useful (0 votes)
53 views7 pages
Regulatory Framework 3
This document outlines key provisions of the Philippines' Financial Rehabilitation and Insolvency Act (FRIA) of 2010. It defines key terms like "debtor", "liquidator", and "rehabilitation plan". The objectives of the FRIA are to encourage debtors and creditors to resolve competing claims, ensure timely and efficient rehabilitation or liquidation of debtors, maximize asset value, recognize creditor rights, and ensure equitable treatment of creditors. Rehabilitation aims to restore a debtor's financial viability, while liquidation facilitates the orderly settlement of a debtor's assets and obligations when rehabilitation is not feasible.
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 7
ARTICLE 81. Price Tag Requirement.
— It shall Violation of price tag law = penalty
be unlawful to offer any consumer product for ARTICLE 84. Additional Labeling Requirements retail sale to for the public without an appropriate price tag, Food. — The following additional labeling label or requirements marking publicly displayed to indicate the price shall be imposed by the concerned department of each for food: article and said products shall not be sold at a a) expiry or expiration date, where price applicable; higher than that stated therein and without b) whether the consumer product is discrimination to all buyers: Provided, That semiprocessed, lumber sold, fully processed, ready-to-cook, ready-to-eat, displayed or offered for sale to the public shall prepared food or just plain mixture; be tagged c) nutritive value, if any; or labeled by indicating thereon the price and d) whether the ingredients use are natural or the synthetic, as the case may be; corresponding official name of the wood: e) such other labeling requirements as the Provided, concerned department may deem necessary further, That if consumer products for sale are and too small reasonable. or the nature of which makes it impractical to place a ARTICLE 86. Labeling of Drugs. — The Generics price tag thereon price list placed at the nearest Act point shall apply in the labeling of drugs where the products are displayed indicating the retail price of the same may suffice. ARTICLE 87. Additional Labeling Requirements for ARTICLE 82. Manner of Placing Price Tags. — Cosmetics. — The following additional Price requirements tags, labels or markings must be written clearly, may be required for cosmetics: indicating the price of the consumer product a) expiry or expiration date; per unit in b) whether or not it may be an irritant; pesos and centavos. c) precautions or contra-indications; and d) such other labeling requirements as the ARTICLE 83. Regulations for Price Tag concerned department may deem necessary Placement. — and The concerned department shall prescribe rules reasonable. and regulations for the visible placement of price ARTICLE 94. Labeling Requirements of tags for Cigarettes. specific consumer products and services. There — All cigarettes for sale or distribution within shall be the no erasures or alterations of any sort of price country shall be contained in a package which tags, labels shall bear or markings. the following statement or its equivalent in Filipino: “Warning” Cigarette Smoking is Dangerous to a) that it did not place the product on the Your market; Health”. Such statement shall be located in b) that although it did place the product on the conspicuous market such product has no defect; place on every cigarette package and shall c) that the consumer or a third party is solely at appear in fault. conspicuous and legible type in contrast by typography, ARTICLE 98. Liability of Tradesman or Seller. — layout or color with other printed matter on the ARTICLE 99. Liability for Defective Services. — package. Any advertisement of cigarette shall ARTICLE 100. Liability for Product and Service contain Imperfection. — the name warning as indicated in the label. ARTICLE 101. Liability for Product Quantity Imperfection. CHAPTER V ARTICLE 102. Liability for Service Quality Liability for Product and Service Imperfection. — ARTICLE 103. Repair Service Obligation. ARTICLE 97. Liability for the Defective Products. — CHAPTER VI Any Filipino or foreign manufacturer, producer, Advertising and Sales Promotion and any ARTICLE 108. Declaration of Policy. importer, shall be liable for redress, ARTICLE 110. False, Deceptive or Misleading independently of Advertisement fault, for damages caused to consumers by defects CHAPTER VII resulting from design, manufacture, Regulation of Repair and Service Firms construction, ARTICLE 127. Minimum Requirements for assembly and erection, formulas and handling Accreditation. and making up, presentation or packing of their TITLE IV products, as Consumer Credit Transaction well as for the insufficient or inadequate ARTICLE 131. Declaration of Policy information on ARTICLE 132. Determination of Finance Charges the use and hazards thereof. ARTICLE 139. General Requirement on Credit A product is defective when it does not offer Cost the safety Disclosure rightfully expected of it, taking relevant ARTICLE 140. Credit Sale, Required Disclosures. circumstances ARTICLE 141. Required Disclosure on Open-end into consideration, including but not limited to: Credit Plan. a) presentation of product; ARTICLE 142. Required Disclosures on b) use and hazards reasonably expected of it; Consumer c) the time it was put into circulation. Loans Not Under Open-End Credit Plan A product is not considered defective because ARTICLE 143. Form and Timing of Disclosure another ARTICLE 144. Periodic Statement of Charges better quality product has been placed in the ARTICLE 145. Exempted Transaction. — market. ARTICLE 146. Sale of Consumer Products On The manufacturer, builder, producer or Installment Payment importer shall not be held liable when it evidences: Financial Rehabilitation and audited financial statements as Insolvency Act (FRIA) of 2010 advances for future subscriptions.
SECTION 2 (w) Liquidator shall refer to the
natural person or juridical entity appointed as such by the court and encourage debtors, both juridical entrusted with such powers and and natural persons and their duties as set forth in this Act creditors to collectively and realistically resolve and adjust -if the liquidator is a juridical competing claims and property rights entity, it must designate a ensure a timely, fair, transparent, natural person who effective and efficient rehabilitation possesses all the or liquidation of debtors qualifications and none of the ensure or maintain certainty and disqualifications as its predictability in commercial affairs, representative preserve and maximize the value of the assets of these debtors, -juridical entity and the recognize creditor rights and respect representative are solidarily priority of claims, and ensure liable for all obligations and equitable treatment of creditors who responsibilities of the are similarly situated liquidator Rehabilitation is not feasible, it is in ii) Rehabilitation Plan shall refer to a the interest of the State to facilitate a plan by which the financial well- speedy and orderly liquidation of being and viability of an insolvent these debtors’ assets and the debtor can be restored using various settlement of their obligations. means including, but not limited to, debt forgiveness, debt rescheduling, DEBTORS- partnership, sole, reorganization or quasi- normal debtor reorganization, dacion en pago, LIQUIDATION- pro-rata (equal debt-equity conversion and sale of treatment to creditors) hindi the business (or parts of it) as a mababayaran lahat ng credit going concern, or setting-up of new business entity as prescribed in SEC. 3. Nature of Proceedings Section 62 hereof, or other similar . arrangements as may be approved publication of the notice of the by the court or creditors commencement of the proceedings (gg) Rehabilitation shall refer to the in any newspaper of general restoration of the debtor to a circulation in the Philippines condition of successful operation summary and non-adversarial and solvency, if it is shown that its manner consistent with the declared continuance of operation is policies of this Act economically feasible and its creditors can recover by way of the present value of payments projected (s) Liabilities shall refer to monetary in the plan, more if the debtor claims against the debtor, including continues as a going concern than if stockholder’s advances that have it is immediately liquidated. been recorded in the debtor’s - Court supervise rehabilitation ( corpo. Rehab) – voluntary outstanding as of the proceedings by debtor commencement - 1. Step, file for petition for rehabilitation and must be date except as may be provided herein. approved by the owner, majority, majority of vote - Out of court SEC. 62. Contents of a - (r)Involuntary Rehabilitation Plan. — The proceedings shall refer to Rehabilitation Plan shall, as a proceedings initiated by minimum: creditors. - SEC. (a) specify the underlying 13. Circumstances assumptions, the financial goals Necessary to Initiate and the procedures proposed to Involuntary accomplish such goals; Proceedings. - (rr) Voluntary proceedings shall refer to (b) compare the amounts proceedings initiated by expected to be received by the the debtor. creditors under the Rehabilitation - SEC. 12. Petition to Plan with those that they will Initiate Voluntary receive if liquidation ensues Proceedings by Debtor. within the next one hundred SEC. 14. Petition to Initiate Involuntary twenty (120) days; Proceedings. (c) contain information sufficient to give the various classes of (q) include a Stay or Suspension creditors a reasonable basis for Order which shall: determining whether supporting the Plan is in their financial (1) suspend all actions or interest when compared to the proceedings, in court or otherwise, immediate liquidation of the for the enforcement of claims against debtor, including any reduction of the debtor; principal interest and penalties payable to the creditors; (2) suspend all actions to enforce any judgment, attachment or other (d) establish classes of voting provisional remedies against the creditors; debtor; (e) establish subclasses of voting (3) prohibit the debtor from selling, creditors if prior approval has encumbering, transferring or been granted by the court; disposing in any manner any of its properties except in the ordinary course of business; and (f) indicate how the insolvent debtor will be rehabilitated (4) prohibit the debtor from making including, but not limited to, debt any payment of its liabilities forgiveness, debt rescheduling, reorganization or quasi- reorganization, dacion en pago, (m) identify the debtor’s role in debt-equity conversion and sale the implementation of the Plan; of the business (or parts of it) as a going concern, or setting-up of (n) state any rehabilitation a new business entity or other covenants of the debtor, the similar arrangements as may be breach of which shall be necessary to restore the financial considered a material breach of well-being and viability of the the Plan; insolvent debtor; (o) identify those responsible for (g) specify the treatment of each the future management of the class or subclass described in debtor and the supervision and subsections (d) and (e); implementation of the Plan, their affiliation with the debtor and their (h) provide for equal treatment of remuneration; all claims within the same class or subclass, unless a particular (p) address the treatment of creditor voluntarily agrees to less claims arising after the favorable treatment; confirmation of the Rehabilitation Plan; (i) ensure that the payments made under the plan follow the (q) require the debtor and its priority established under the counter-parties to adhere to the provisions of the Civil Code on terms of all contracts that the concurrence and preference of debtor has chosen to confirm; credits and other applicable laws; (r) arrange for the payment of all (j) maintain the security interest outstanding administrative of secured creditors and preserve expenses as a condition to the the liquidation value of the Plan’s approval unless such security unless such has been condition has been waived in waived or modified voluntarily; writing by the creditors concerned; (k) disclose all payments to creditors for pre-commencement (s) arrange for the payment of all debts made during the outstanding taxes and proceedings and the justifications assessments, or an adjusted thereof; amount pursuant to a compromise settlement with the (l) describe the disputed claims BIR or other applicable tax and the provisioning of funds to authorities; account for appropriate payments should the claim be ruled valid or (t) include a certified copy of a its amount adjusted; certificate of tax clearance or evidence of a compromise settlement with the BIR; (u) include a valid and binding court within forty (40) days from the resolution of a meeting of the initial hearing the report provided in debtor’s stockholders to increase Section 24 hereof the shares by the required amount in cases where the Plan hh) Rehabilitation receiver shall refer to contemplates an additional the person or persons, natural or issuance of shares by the debtor; juridical, appointed as such by the court pursuant to this Act and which shall be (v) state the compensation and entrusted with such powers and duties status, if any, of the rehabilitation as set forth herein. receiver after the approval of the Plan; and SEC. 29. Qualifications of a Rehabilitation Receiver. — The (w) contain provisions for rehabilitation receiver shall have the conciliation and/or mediation as a following minimum qualifications: prerequisite to court assistance or intervention in the event of any (a) A citizen of the Philippines or a disagreement in the interpretation resident of the Philippines in the six (6) or implementation of the months immediately preceding his Rehabilitation Plan. nomination;
(b) Of good moral character and with
acknowledged integrity, impartiality and SEC. 22. Action at the Initial Hearing. — independence; At the initial hearing, the court shall: (c) Has the requisite knowledge of (a) determine the creditors who have insolvency and other relevant made timely and proper filing of their commercial laws, rules and procedures, notice of claims; as well as the relevant training and/or experience that may be necessary to (b) hear and determine any objection to enable him to properly discharge the the qualifications or the appointment of duties and obligations of a rehabilitation the rehabilitation receiver and, if receiver; and necessary, appoint a new one in accordance with this Act; (d) Has no conflict of interest: Provided, That such conflict of (c) direct the creditors to comment on interest may be waived, expressly or the petition and the Rehabilitation Plan, impliedly, by a party who may be and to submit the same to the court and prejudiced thereby. to the rehabilitation receiver within a period of not more than twenty (20) Other qualifications and disqualifications days; and of the rehabilitation receiver shall be set forth in procedural rules, taking into (d) direct the rehabilitation receiver to consideration the nature of the business evaluate the financial condition of the of the debtor and the need to protect the debtor and to prepare and submit to the interest of all stakeholders concerned.