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Attorneys of the Philippines Legal News

Welcome to our legal news pages. Here is where we provide updates about what's happening in Philippines legal news, and publish helpful articles and tips for Pinoys researching legal matters.

Towns Become A Trash Magnet, Local Governments Face Environmental Charges

One thing that locals and tourists explore in a town or city is its sights to behold, but behind the picturesque façade lays another ugly face of corruption that seems to lurk everywhere. Towns have been competing against each other to win the coveted title for the cleanest and greenest, but a town with a huge volume of garbage is just a living mockery of every town’s aspiration to become a liveable place. The plan for putting up a sanitary landfill has not been materialized and there are a thousand and one reasons the sanitary landfill never came to existence. None of these reasons seem believable considering there is budget allocated for this project.

Due to failing to construct sanitary landfills, the local governments will be facing environmental charges. According to Mayor Juancho Alvarez of Ajuy, in Iloilo province, they wanted to put up a sanitary landfill, but the cost of construction and the volume of garbage were just overwhelming. Alvarez also added that in spite of the presence of materials recovery facility (MRF) that caters to five of the town’s 34 barangays, the facility just wouldn’t suffice.

Aside from the huge volume of garbage in Iloilo province, Cebu province is also facing the same problem with disposal and according to Mayor Joel Quiño of Compostela, Cebu, the local government was taking all available measures to dispose of the town’s garbage. Quiño added that they do not have the estimated P20 million to build a sanitary landfill.

There are 50 local government units (LGUs) that are currently under investigation for violating RA 9003. According to the law, towns are mandated to put up sanitary landfills, recycling and material recovery facilities. The officials who failed to comply with the standards for solid waste management have yet to answer complaints filed by the National Solid Waste Management Commission on February 10.

Under section 49 of republic Act 9003, the fines and penalties for violation are the following:

“Section 49. Fines and Penalties -

(a) Any person who violates Sec. 48 paragraph (1) shall, upon conviction, be punished with a fine of not less than Three hundred pesos (P300.00) but not more than One thousand pesos (P1,000.00) or render community service for not less than one (1) day to not more than fifteen (15) days to an LGU where such prohibited acts are committed, or both;

(b) Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction be punished with a fine of not less than Three hundred pesos (P300.00) but not more than One thousand pesos (P1,000.00) or imprisonment of not less than one (1) day but to not more than fifteen (15) days, or both;
(c) Any person who violates Sec. 48, pars. (4), (5), (6) and (7) shall, upon conviction, be punished with a fine of not less than One thousand pesos (P1,000.00) but not more than Three thousand pesos (P3,000.00) or imprisonment of not less than fifteen (15) day but to not more than six (6) months, or both;

(d) Any person who violates Sec. 48, pars (8), (9), (10) and (11) for the first time shall, upon conviction, pay a fine of Five hundred thousand pesos (P500,000.00) plus and amount not less than five percent (5%) but not more than ten percent (10%) of his net annual income during the previous year.

The additional penalty of imprisonment of a minimum period of one (1) year but not to exceed three (3) years at the discretion of the court, shall be imposed for second or subsequent violations of Sec. 48, pars. (9) and (10).

(e) Any person who violates Sec. 48, pars. (12) and (13) shall, upon conviction, be punished with a fine not less than Ten thousand pesos (P10,000.00) but not more than Two hundred thousand pesos (P200,000.00) or imprisonment of not less than thirty (30) days but not more than three (3) years, or both;

(f) Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon conviction, be punished with a fine not less than One hundred thousand pesos (P100,000.00) but not more than One million pesos (P1,000,000.00), or imprisonment not less than one (1) year but not more than six (6) years, or both.”

Strange Laws You Never Knew Existed: Part 15 Of 15 You Can Legally Kill People

You can lose your temper once you reach your boiling point. It can be due to a number of reasons such as betrayal. What would you do if your spouse commits adultery? Some can easily forgive a person and start a new life, but there are those who just cannot bury the hatchet. This means they can put matters into their own hands by killing the person responsible for committing such a crime.

Article 247 states:

“ Death or physical injuries under exceptional circumstances. — Any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injuries, shall suffer the penalty of destierro.

If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.

These rules shall be applicable, under the same circumstances, to parents with respect to their daughters under eighteen years of age, and their seducers, while the daughters are living with their parents.

Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall otherwise have consented to the infidelity of the other spouse, shall not be entitled to the benefits of this article.”

The law only applies if the following elements are present:

“1. The offender is any legally married person;

2. The offender surprises his spouse in the act of committing sexual intercourse with another person;

3. The offender kills or seriously injures any or both of them;

4. The offender kills or seriously injures during the act of sexual intercourse or immediately thereafter.”

Free Yourself From The Shackles Of Credit Card Debt

Some people often say that credit cards are only intended for responsible adults who can handle finances properly. Without a doubt, credit cards offer convenience as you do not have to bring cash to pay for your purchases. However, this plastic money can show its sharp fangs and talons to those who are unable to make timely payments. Yes, it is a harmless card that provides you the privilege to make cashless payment, but you can be a slave to debt if you are not a responsible credit card holder. Some may think that the state of being indebted is a humiliating experience, but the truth is, it is a humbling experience as it teaches you one valuable lesson that can make you a better person if and only if you learn from it.

Credit card holders who are being harassed by collectors are a scenario that does not happen once in a super blue moon. There are lots of horror stories involving a credit card holder and a collection agency and if you do not know your rights as a cardholder, the experience can be debilitating. If you have received incessant calls demanding of a payment for your overdue credit card bills, take a deep breath and heave a sigh of relief as it is not the end of the world.

You do not have to make yourself suffer just because of a credit card debt. You can still become debt-free provided, you take full responsibility for mishandling your credit card finances. Some collectors may contact the credit card holder in the wee hours of the morning or late at night just to make the person pay the past due amount. Unless the cardholder has given permission to contact them during these times, calling the cardholder at inconvenient times is prohibited. This violation is under BSP Circular No. 702, Series of 2010.

Under Section 3 and 4 of the circular, the credit companies should do the following:

“1. notify the card holder in writing of the endorsement of the collection to an agency at least seven days before the actual endorsement;

2. give the defaulting credit card holder the name of the agent assigned to the account once they have endorsed the collection to a third-party;

3. change all disclosure documents and marketing materials so that they are printed in plain language and in bold black letters against a white background using the Arial font and a minimum 12 point font size. “

The consumer protection also indicates that a cardholder should also have the option to take advantage of various payment options. If the cardholder cannot pay the debt in full, other repayment plans should be available to them.

Credit card companies who fail to observe the procedures will receive the following sanctions:

“ First offense: Reprimand for the directors/officers responsible for the violation.

Second offense: Disqualification of the bank concerned from the credit facilities of the BSP except as may be allowed under Section 84 of R.A. No. 7653 (“New Central Bank Act”).

Subsequent offenses:

Prohibition on the bank concerned from the extension of additional credit accommodation against personal security; and
Penalties and sanctions under Sections 36 and 37 of RA 7653”

Candidates Who Can Offer Fast Internet Speed Can Win Voters’ Nods

When you have sluggish internet speed like that of a ghost dragging heavy chains, the first thing that comes to mind is to let your internet service lay to rest. Aside from the country’s traffic situation that will make you want to crawl in a big black hole, the slow internet speed is one of the reasons for Pinoy woes. These days, many individuals are relying heavily on internet for business and personal transactions.

Sluggish internet speed can have a negative impact on the economy. However, a strong and effective plan to address internet speed woes has not yet been formulated. Voters are also looking for digital leaders who can do something about the country’s slow internet speed. The internet service is one of the overlooked issues in the country, but little do these leaders know that students and entrepreneurs alike have heavy reliance on the internet.

The Kabataan Party Representative Terry Ridon proposed Free Public Wi-Fi Act or House Bill 5791. This house bill also aims to improve the internet service in the country and since a large number of voters are also turning to social media to get updates on election candidates, a faster internet speed can definitely address such concerns.

It is a sad fact that next to Afghanistan, the Philippines has the second slowest download speed among 22 countries in Asia. This is based on a 2015 study conducted by Ookla, an Internet Performance data provider. On average, the country can only offer 3.64 megabits per second (mbps) and this is not even half the average speed of other countries in the whole world. The cost of the Internet service also gives additional burden to subscribers.

The most number of internet users in the country belongs to young voters. This is why a presidential candidate who has the ability to put an end to the Internet woes of the country can be a good option to consider. Other countries such as Singapore have an average speed of 12.7 mbps and due to the fact that there are 44 million active users of various social media platforms such as Twitter, Facebook and Instagram, our country is trailing behind.

Netizens who have long been hoping for a much reliable internet speed will surely breathe a sigh of relief if there is a digital leader who will take a stand and make a change. While pushing for fast internet speed may not be the all and end all of presidential campaigns, it can still make a huge difference.

Beware Of Fake Police Clearances

Before you earn yourself a spot in a company, there are pre-employment requirements that you need to comply as part of the hiring process. One of which is securing a police clearance certificate. This document is also one of the essential requirements in applying for passport and other government IDs. The purpose of police clearance is to prove that the person does not have any criminal record in the police department. It can also be used as a replacement for NBI clearance, if it is not yet available. Applying for a police clearance certificate is pretty straightforward because all you have to do is to go to the nearest Philippine National Police (PNP) headquarters and fill out the form.

Police clearance certificates are much easier to secure than NBI Clearance, where you have to wait long hours to secure a certificate. Before you can secure a police clearance, you need to fill out an application form, which is available at the PNP headquarters. You will also need to secure a Barangay clearance, recent cedula or community tax certificate and P100 as payment for the certificate. You will need to bring the original and photocopy of these documents. The PNP office will also capture your photo so you do not have to bring one. Your purpose of getting a Police Clearance must also be stated.

It is important that everyone is aware of the correct process of getting a police clearance to keep scammers at bay. Distributors of fake police clearances were recently busted due to issuing fake clearance certificates. When the fake police clearance was checked, it looked like the genuine copy of the certificate. It even bore the signature of Police Chief Inspector Rogelio De Lumen, who is the chief of QCPD’s Warrant and Subpoena Section, and Police Chief Supt. Edgardo G. Tinio, QCPD director.

These fake police clearances are sold at P300, which is unusually higher than the actual cost of getting a clearance certificate from the PNP office. The said arrest took place when one applicant complained about the overpricing of the said document. Public documents can be easily copied as the distributors have the necessary tools and access for reproducing them. For an unsuspecting victim, these police clearances sure appear to be genuine. The public is advised to be keen on checking the document’s authenticity. Fixers often offer to process your documents, assuring you of a shorter processing time for a much higher price. The inconvenience can be avoided once you know where police clearances must be secured.

Identifying Fake Land Titles From Real Ones Only Takes A Few Seconds

Real estate regulations have already been put in place to reduce if not eradicate cases of land scams in the Philippines. Unfortunately, these regulations cannot deter scammers from victimizing individuals who only want to make a wise investment by means of purchasing real estate property. For unsuspecting buyers, being presented with a land title is enough to win their trust. What else could go wrong when buyers already see hard proof that a piece of land has undergone a correct legal process or so they thought.

With the alarming numbers of cases where hapless and unsuspecting victims fall prey to fake land title scams, being keen on land title details is a skill every land buyer should possess. If you have just caught a glimpse of what a land title looks like without taking some time to inspect every detail, you can subject yourself into a confusing situation once you are presented with a land title. However, when you arm yourself with appropriate knowledge on identifying fake from authentic land titles, then there is no reason you cannot be on the right track.

Check The Titles’ Physical Quality

One thing that sets authentic land titles from fake ones is their identifying marks. While fake titles may appear to be an exact replica of its authentic counterpart, there are physical qualities that make authentic land titles distinct. This means that no matter how skilled a scam artist may become in copying land title, they just cannot easily copy or duplicate the authentic land title’s physical quality.

Never mistake fake land titles for authentic ones by checking these following physical qualities:

•    The color of an old title is light yellow, but for new titles or e-Titles, the color should be pale straw.
•    The texture can be compared to a bank check.
•    Faint watermark that reads “LRA” can be seen on the title.
•    Dots and tiny fibers are visible.
•    The fibers shine slightly when under UV light.

There are also key details on the land title that must be present to verify its authenticity. An original certificate of title (OCT) should bear “Judicial Form No. 108-D” at the top. For a Transfer Certificate of Title (TCT), it should have “Judicial Form No. 109-D”. A red serial number label and black for the owner’s duplicate must be present. For the last two digits of the page number, which can be found on the upper right hand side of the title, it should correspond to the last two digits of the TCT number. The red or blue border is slightly embossed and not flatly printed.

For e-Titles, the information should be encoded and printed. For both new and old titles, there should be a dark red seal on the lower left hand side that should not blot even when tested with a little amount of water.  The land title should consist of 2 signatures from the Administrator and the Registrar. However, the Registrar’s signature must be present in TCT. Administrative titles should bear one signature from CENRO or PENRO officer and another signature from the registrar.

P2000 Pension Hike Rejected: Where Do We Go From Here?

Following the President’s veto of the bill, which proposed a P2000 hike, Speaker Feliciano Belmonte Jr. seeks approval for a P1000 increase for the Social Security System (SSS) pensioners. This proposal can be carried out following the executive action. The passage of the bill will also accompany the proposal using the same powers vested in SSS and GSIS board. The bill that Belmonte was referring to, has already been approved on third and final reading, and just awaiting approval at the Senate.

The amendments of Republic Act No. 1162 or the Social Security Law is outlined in Sec. 12-B of the Presidential Decree No. 1636.

“Sec. 12-B.    Retirement benefits. —

(a) A covered employee who had paid at least one hundred twenty monthly contributions prior to the semester of retirement; and who (1) has reached the age of sixty years and is not receiving monthly compensation of at least three hundred pesos, or (2) has reached the age of sixty-five years, shall be entitled for as long as he lives to the monthly pension: Provided, That his dependents born before his retirement of a marriage subsisting when he was fifty-seven years old shall be entitled to the dependents' pension.

(b)    A covered member who is sixty years old at retirement and who does not qualify for pension benefits under paragraph (a) above, shall be entitled to a lump sum benefit equal to the total contributions paid by him and on his behalf; Provided, That he is separated from employment and is not continuing payment of contributions to the SSS on his own.

(c)    The monthly pension shall be reduced upon the re-employment of a retired employee who is less than sixty-five years old by an amount equivalent to one-half his earnings over three hundred pesos. He shall again be subject to section eighteen and his employer to section nineteen of this Act.

(d)    Upon the death of the retired employee pensioner, his primary beneficiaries shall be entitled to eighty percent of the monthly pension and his dependents to the dependent' pension: Provided, That if he has no primary beneficiaries and he dies within sixty months from the start of his monthly pension, his secondary beneficiaries shall be entitled to a lump sum benefit equivalent to the smaller of (1) twenty times the monthly pension or (2) the difference of sixty times the monthly pension and the total monthly pensions paid by the SSS excluding the dependents' pension."

What You Need To Know Before Investing In A Condominium Unit?

People belonging to the working class often consider investing in a piece of real estate such as a condominium unit because of its flexible payment schemes that make everyone’s dream of owning a real estate property a reality. As you flip through the pages of the developer’s brochures or magazines, you are left in awe as the units epitomize the kind of modern life you want to live.

The price range of these condo units vary from location to location and while these infrastructures make a great investment, there are condo unit owners who had their own share of not-so-pleasant experiences of buying a condo unit.

What can be worse than condos that do not have parking slots? Some owners have to buy a separate lot that can accommodate their vehicle and this means shelling out vast amounts of money. Developers often overlook this one essential space that makes living in a condo more comfortable and hassle-free. Condo unit owners are not only ranting about the lack of parking slots but lost deposits as well.

Buying a condominium unit can be very tedious as you need to go through all kinds of problems and dealing with the agent is no exception. Finding out about lost deposits can burst one’s bubbles. This is why, buyers make it a point to follow up on the agent or track their purchase. These are just a few issues associated with buying a condo unit let alone living in it.

Republic Act No. 4726 Or The Condominium Act Is One Of The Laws Related To Condominium Ownership:

“Sec. 2. A condominium is an interest in real property consisting of separate interest in a unit in a residential, industrial or commercial building and an undivided interest in common, directly or indirectly, in the land on which it is located and in other common areas of the building. A condominium may include, in addition, a separate interest in other portions of such real property. Title to the common areas, including the land, or the appurtenant interests in such areas, may be held by a corporation specially formed for the purpose (hereinafter known as the "condominium corporation") in which the holders of separate interest shall automatically be members or shareholders, to the exclusion of others, in proportion to the appurtenant interest of their respective units in the common areas.”

Strange Laws You Never Knew Existed: Part 14 Of 15 Anti-Pana Law

Anti-pana law is one of the strangest laws that still exist up to this day. Perhaps, this law came to existence due to the number of “pana” incidents. This is still considered a deadly weapon and can be as dangerous as firearms. Now, there are people who use pana or arrow for livelihood and in this case, all they need to do is to secure a permit from the mayor in his city.

This law was made during the 1960s and this is referred to as the Republic Act No. 3553, or an Act to Prohibit the Possession of Deadly Arrow.

“Section 1. Any person who possesses a deadly arrow or "pana" without permit from a city, municipal, or municipal district mayor, shall be punished by imprisonment for a period of not less than thirty days nor more than six months. The phrase "deadly arrow or 'pana'" as used in this Act means any arrow or dart that when shot from a blow or slingshot can cause injury or death of a person.

Section 2. Any city, municipal or municipal district mayor may issue a permit to any individual to possess a deadly arrow or "pana" if such is to be used to earn a livelihood for such individual.

Section 3. This Act shall take effect upon its approval.

Approved: June 21, 1963”

The Prohibited Acts During The Election Period

In the previous years, the election period starts in February, but it comes a month earlier this year. This means rules and regulations under Section 3 of the Omnibus Election Code (OEC) commences on January 10, which is 30 days in advance.

From January 10 to June 8, 2016, these following acts are prohibited:

•    Suspension of elective local officials;
•    bearing firearms and other deadly weapons, unless authorized by the Comelec, this is also referred to as the gun ban;
•    organization of reaction forces, strike forces, etc;
•    alteration of territory of a precinct, or the establishment of a new precinct;
•    use of security personnel/bodyguards by candidates, unless authorized by the Comelec;
•    transfer or movement of officers and employees in the civil service.

If one of these prohibitions is violated, it can be a ground for disqualification in case the offender is running for an elective public office.

The prohibited acts can be found under Section 261 of the Omnibus Election Code:

“Sec. 261. Prohibited Acts. - The following shall be guilty of an election offense:

a. Vote-buying and vote-selling.
1.      Any person who gives, offers or promises money or anything of value, gives or promises any office or employment, franchise or grant, public or private, or makes or offers to make an expenditure, directly or indirectly, or cause an expenditure to be made to any person, association, corporation, entity, or community in order to induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election, or to vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection process of a political party.

2.     Any person, association, corporation, group or community who solicits or receives, directly or indirectly, any expenditure or promise of any office or employment, public or private, for any of the foregoing considerations.
b.    Conspiracy to bribe voters. - Two or more persons, whether candidates or not, who come to an agreement concerning the commission of any violation of paragraph (a) of this section and decide to commit it.

c.    Wagering upon result of election. - Any person who bets or wagers upon the outcome of, or any contingency connected with an election. Any money or thing of value or deposit of money or thing of value situated anywhere in the Philippines put as such bet or wager shall be forfeited to the government.

 d.   Coercion of subordinates.

1.    Any public officer, or any officer of any public or private corporation or association, or any head, superior, or administrator of any religious organization, or any employer or land-owner who coerces or intimidates or compels, or in any manner influence, directly or indirectly, any of his subordinates or members or parishioners or employees or house helpers, tenants, overseers, farm helpers, tillers, or lease holders to aid, campaign or vote for or against any candidate or any aspirant for the nomination or selection of candidates.

2.    Any public officer or any officer of any commercial, industrial, agricultural, economic or social enterprise or public or private corporation or association, or any head, superior or administrator of any religious organization, or any employer or landowner who dismisses or threatens to dismiss, punishes or threatens to punish be reducing his salary, wage or compensation, or by demotion, transfer, suspension, separation, excommunication, ejectment, or causing him annoyance in the performance of his job or in his membership, any subordinate member or affiliate, parishioner, employee or house helper, tenant, overseer, farm helper, tiller, or lease holder, for disobeying or not complying with any of the acts ordered by the former to aid, campaign or vote for or against any candidate, or any aspirant for the nomination or selection of candidates.

e. Threats, intimidation, terrorism, use of fraudulent device or other forms of coercion. - Any person who, directly or indirectly, threatens, intimidates or actually causes, inflicts or produces any violence, injury, punishment, damage, loss or disadvantage upon any person or persons or that of the immediate members of his family, his honor or property, or uses any fraudulent device or scheme to compel or induce the registration or refraining from registration of any voter, or the participation in a campaign or refraining or desistance from any campaign, or the casting of any vote or omission to vote, or any promise of such registration, campaign, vote, or omission therefrom.

f. Coercion of election officials and employees. - Any person who, directly or indirectly, threatens, intimidates, terrorizes or coerces any election official or employee in the performance of his election functions or duties.”

The detailed list of prohibited acts can be found in the official website of Comelec.



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