Article 38p. 38

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

served personally upon the adverse party who may

answer the motion within five days after its receipt.

If the motion for reconsideration is denied, the decision

shall become final and executory upon personal service

on the parties of the resolution disposing of the motion

for reconsideration. IF the motion for reconsideration is

granted, the party adversely affected may move to

reconsider

within

ten

days

from

receipt

of

the

resolution granting the motion for reconsideration;

otherwise, the decision as reconsidered shall become

final and executor after the lapse of said period. (R67)

Rule 70. Entry of judgment. - The judgment shall be

entered by the Clerk of the Tribunal immediately upon

its finality. The recording of the judgment in the Book

of Entries of Judgment shall constitute its entry. The

record

shall

contain

the

dispositive

part

of

the

judgment and shall be signed by the Clerk of the

Tribunal, with a certificate that such judgment has

become final and executor. (R68)

Rule 71. Procedure after finality of decision. - As soon as

a decision is entered, notice shall be sent to the Senate,

the House of Representatives, the Commission on

Elections and the Commission on Audit.

The originals of the decisions of the Tribunal shall be

kept in bound form in the archives of the Tribunal. (R69)

COSTS

Rule 72. When allowed. - Costs shall be allowed to the

prevailing party as a matter of course. The Tribunal shall

have the power, for special reasons, to apportion the

costs, as may be equitable. (R70)

SUPPLEMENTARY RULES

Rule 73. Applicability. - The following shall be applicable

by analogy or in suppletory character and effect in so

far as they may be applicable and are not inconsistent

with these Rules and with the decisions, resolutions

and orders if the Tribunal, namely:

(a) The Revised Rules of Court;

(b) Decisions of the Supreme Court; and

(c) Decisions of the Electoral Tribunal.

(R71)

AMENDMENT

Rule 74. Amendment. - The Tribunal may, at any time,

amend these Rules. (R72)

EFFECTIVITY

Rule 75. Effectivity. - These Rules shall take effect fifteen

(15) days after publication in a newspaper of general

circulation in the Philippines. (R73a)

A.M. No. 15-04-06-SC | FINANCIAL

LIQUIDATION AND SUSPENSION OF

PAYMENTS RULES OF PROCEDURE FOR

INSOLVENT DEBTORS (2015)

April 21, 2015

Pursuant to Section 6, Chapter I of Republic Act No.

10142 , otherwise known as the " Financial Rehabilitation

and Insolvency Act (FRIA) of 2010 ," the Court hereby

adopts

and

promulgates

the

following

Rules

of

Procedure for the Liquidation of Insolvent Juridical and

Individual Debtors, and Suspension of Payments of

Insolvent Individual Debtors:

RULE 1 Coverage and General Provisions

SECTION 1. Title . — These Rules shall be known and

cited as the "Financial Liquidation and Suspension of

Payments Rules of Procedure for Insolvent Debtors" or

the "FLSP Rules."

SECTION 2. Scope . — These Rules shall govern the

practice, pleading, and procedure for the liquidation of

insolvent

juridical

and

individual

debtors,

and

suspension of payments of insolvent individual debtors

pursuant to the FRIA .

They shall similarly govern all further proceedings in

insolvency cases already pending, except to the extent

that, in the opinion of the court, its application would

not be feasible or would work injustice, in which event

the procedures originally applicable shall continue to

govern.

These Rules shall have suppletory application to the

liquidation of entities expressly excluded from the

coverage of the FRIA under Section 5, Chapter I thereof.

SECTION 3. Nature of Proceedings . — The proceedings

under these Rules shall be in rem .

In voluntary liquidation proceedings of both juridical

and individual debtors, jurisdiction over all persons

affected

by

the

proceedings

is

acquired

upon

publication of the Liquidation Order as provided in

these Rules.

In

involuntary

liquidation

proceedings

of

juridical

debtors, jurisdiction over all persons affected by the

proceedings

is

acquired

upon

publication

of

the

petition or motion under Section 7, Rule 2 (B) of these

Rules.

In involuntary liquidation proceedings of individual

debtors, jurisdiction over the person of the debtor is

acquired upon service of summons in accordance with

Section 15, Rule 3 (C) of these Rules; whereas jurisdiction

over all other persons affected by the proceedings is

acquired upon publication of the Liquidation Order

under Section 2, Rule 4 (A)of these Rules.

In suspension of payments proceedings, jurisdiction

over all persons affected by the proceedings is acquired

upon publication of the Suspension of Payments Order

as provided in these Rules.

The proceedings shall be summary and non-adversarial

in nature. The following pleadings are prohibited:

(a) motion to dismiss;

(b) motion for a bill of particulars;

(c) petition for relief;

(d) motion for extension;

(e) motion for postponement and other motions of

similar intent;

(f) reply;

(g) rejoinder;

(h) intervention; and

(i) any pleading or motion similar to, or of like effect as,

any of the foregoing.

For stated and fully supported compelling reasons, the

court may allow the filing of motions for extension or

postponement, provided, the same shall be verified and

under oath.

Any pleading, motion, or other submission by any

interested

party

shall

be

supported

by

verified

statements that the affiant has read the submission

and its factual allegations are true and correct of his

personal knowledge or based on authentic records, and

shall contain supporting annexes, which the submitting

party

shall

attest

as

faithful

reproductions

of the

originals. An unverified submission shall be considered

as not filed. An improperly verified submission may be

considered as not filed, at the discretion of the judge.

© Compiled By RGL

38 of 98