If there's something strange, in your neighborhood.  Who ya gonna call? Ghostbusters! Kidding aside, you cannot turn a blind eye on neighbors crying for help especially if their life is at stake.

An blunt example would be an abusive husband beating his hapless spouse. The lights were already out and you could hear nothing but crickets serenading in deathly still night. Your eyelids were already heavy and about to fall into the oblivion of sleep. You were about to be caught by paralysis called sleep, when you heard a shout match. It was too disturbing to ignore. Satisfying your curious nature, you got up and checked where the noise came from.

It was from your neighbor. The couples were engaging in a bad-tempered argument. The wife was silenced as the husband started to throw a series of punches. You could see a glimpse of their squabble from a far. The wife was crying helplessly in dire need of immediate help. As a concerned neighbor, you immediately went to the 'barangay' officials in your village to ask for assistance only to be turned down. Your request fell on deaf ears because the officials told you that they were not in the position to intervene because the matter should be between the married couple only. However, it is the duty of 'barangay' officials to heed your request under Section 30 of Republic Act 9262.

SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law enforcers shall have the following duties:

(a) respond immediately to a call for help or request for assistance or protection of the victim by entering the necessary whether or not a protection order has been issued and ensure the safety of the victim/s;

(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;

(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;

(d) assist the victim in removing personal belongs from the house;

(e) assist the barangay officials and other government officers and employees who respond to a call for help;

(f) ensure the enforcement of the Protection Orders issued by the Punong Barangay or the courts;

(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by this Act is occurring, or when he/she has personal knowledge that any act of abuse has just been committed, and there is imminent danger to the life or limb of the victim as defined in this Act; and

(h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department of LGUs or accredited non-government organizations (NGOs).

Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative liability.

What should you do if you are unable to pay your hospital bills? Does the hospital administrator have the right to detain a patient for non-payment?

Getting sick is now considered a luxury because of the expenses that it incurs once you get hospitalized. It puts a dent in your wallet as you need to pay for the hospitalization bills. When you are unprepared for this type of emergency situation, it might seem difficult to get out of it without facing the serious consequences especially if it involves money.

There are many stories involving patients who are prohibited to leave the hospital premises unless they settle the unpaid hospital bill. Patients are left with no choice but to follow the rules. However, there is a better way to settle matters such as executing a promissory note. This should be secured by a guarantee of a co-maker or a mortgage.

This action is in accordance with the Republic Act No. 9439.

AN ACT PROHIBITING THE DETENTION OF PATIENTS IN HOSPITALS AND MEDICAL CLINICS ON GROUNDS OF NONPAYMENT OF HOSPITAL BILLS OR MEDICAL EXPENSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. It shall be unlawful for any hospital or medical clinic in the country to detain or to otherwise cause, directly or indirectly, the detention of patients who have fully or partially recovered or have been adequately attended to or who may have died, for reasons of nonpayment in part or in full of hospital bills or medical expenses.

SEC. 2. Patients who have fully or partially recovered and who already wish to leave the hospital or medical clinic but are financially incapable to settle, in part or in full, their hospitalization expenses, including professional fees and medicines, shall be allowed to leave the hospital or medical clinic, with a right to demand the issuance of the corresponding medical certificate and other pertinent papers required for the release of the patient from the hospital or medical clinic upon the execution of a promissory note covering the unpaid obligation. The promissory note shall be secured by either a mortgage or by a guarantee of a co-maker, who will be jointly and severally liable with the patient for the unpaid obligation. In the case of a deceased patient, the corresponding death certificate and other documents required for interment and other purposes shall be released to any of his surviving relatives requesting for the same: Provided, however, That patients who stayed in private rooms shall not be covered by this Act.

SEC. 3. Any officer or employee of the hospital or medical clinic responsible for releasing patients, who violates the provisions of this Act shall be punished by a fine of not less than Twenty thousand pesos (P20,000.00), but not more than Fifty thousand pesos (P50,000.00), or imprisonment of not less than one month, but not more than six months, or both such fine and imprisonment, at the discretion of the proper court.

SEC. 4. The Department of Health shall promulgate the necessary rules and regulations to carry out the provisions of this Act.

Cleaner air, healthier people.

If my memory serves me right, several laws have already been implemented to minimize the growing number of cigarette smokers in the country. In 2013, a law that raises tobacco taxes was signed and in 2014, the Philippines has signed into a law requiring tobacco manufacturers to display graphic health warnings on cigarettes packs. Aside from which, manufacturers are also required to display gruesome images of smoking's harmful effects. These laws aim to promote healthier people and cleaner air.

It is no secret that many individuals have already smoked their way to lung cancer, respiratory diseases and eventual death because of the deleterious effects of smoking. It has been estimated that an average of 240 Filipinos are dying on a daily basis due to smoking-related diseases.

This year, a law which bans smoking nationwide will be signed sometime this month. In the Philippines, Davao is the first city to implement smoking ban. Penalties for violating the anti-smoking law in Davao includes a fine of 5,000 Philippine peso or four months in prison.

To prove that smoking ban is strictly implemented in Davao,  President Duterte, then mayor of Davao City taught a man who refused to stop smoking a hard lesson. Duterte gave the man two options and one of which was to eat the cigarette. In relation to the implementation of No-Smoking Law, the Dapartment of Health (DOH) is also seeking amendment of Republic Act 9211 or the Tobacco Regulation Act of 2003.

Republic Act 9211

SECTION 6. Designated Smoking and Non-smoking Areas.—In all enclosed places that are open to the general public, private workplaces and other places not covered under the preceding section, where smoking may expose a person other than the smoker to tobacco smoke, the owner, proprietor, operator, possessor, manager or administrator of such places shall establish smoking and non-smoking areas. Such areas may include a designated smoking area within the building, which may be in an open space or separate area with proper ventilation, but shall not be located within the same room that has been designated as a non-smoking area.

All designated smoking areas shall have at least one (1) legible and visible sign posted, namely “SMOKING AREA” for the information and guidance of all concerned. In addition, the sign or notice posted shall include a warning about the health effects of direct or secondhand exposure to tobacco smoke. Non-Smoking areas shall likewise have at least one (1) legible and visible sign, namely: “NON-SMOKING AREA” or “NO SMOKING.”

Under the law, a marriage is considered null and void during the subsistence of a previous marriage. The court has to declare the prior spouse as presumed dead for the marriage to become valid.

Marriage is a tough decision. Once you decide to spend the rest of your life with the person you intend to marry, you need to embrace everything about the person including his/her flaws and imperfections.

Some married couples decide to part ways because both parties claim they married a stranger. Due to the long process involved in filing for petition of annulment, both parties may assume that long separation is enough to nullify marriage.

In fact, there are presumptions that when married parties do not see each other for more than seven years, it will automatically nullify your marriage. For instance, a woman marries a man in 2016 and the wife decided to seek for a CENOMAR or a Certificate of No Marriage Record. The CENOMAR is issued to prove that a person has not contracted any marriage.

Unfortunately, the wife found out that her husband has been married in 2000. It is natural for the wife to confront the husband about this issue. It turned out that the marriage that took place in 2000 did not last long because a month after the marriage, his wife left. The wife never returned and not knowing his wife's whereabouts, the husband presumed that the marriage is no longer valid.

Unfortunately, this is not the case. Since previous marriage has not been nullified, the spouse can face a criminal charge of bigamy.

According to Article 41 of the Family Code:

Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.

For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.

As for the declaration of presumptive death under Article 41 of the Family code, the following requisites must be met:

1. That the absent spouse has been missing for four consecutive years, or two consecutive years if the disappearance occurred where there is danger of death under the circumstances laid down in Article 391, Civil Code.

2. That the present spouse wishes to remarry.

3. That the present spouse has a well-founded belief that the absentee is dead.

4. That the present spouse files a summary proceeding for the declaration of presumptive death of the absentee.
 

The policies of your company will determine the release of the last paycheck for resigning employees.

Employees who are planning to resign are often required to give at least a thirty-day notice to the company or employer before the date of the intended resignation. However, there are some cases when the employee's last paycheck is not given despite rendering the services within the required period.

Is it lawful for an employer to hold the release of the employee's last salary?

The answer will greatly depend on the policies of your office.

The common scenario for employees who have an intention to resign is to give thirty-day notice and within that period, they need to render their services while waiting for the resignation's effectivity. There are cases when the salary is immediately given so long as it covers the payroll period. For instance, an employee is receiving his/her salary every 15th and 30th of the month.

The payroll period may vary from company to company. In some cases, the payroll period covered by the salary that falls on the 15th is 26 to 10 while the period for the salary on the 30th is from 11 to 25. If the effectivity of your resignation falls on the 26th, you need to give thirty-day notice. This means that before the 26th you should have already completed the required notice period. Your salary on the 15th may still be received, but it is also possible that the company will not release your salary on the 30th covering the period 11 to 25 for the reason that you need to make sue you are cleared from any accountability.

The contract of employment also binds you and your employer. The contracting parties need to fulfill the obligations stated in the contract provided they do not go against morals, good customs, public order and public policy.

If the contract indicates stipulations as to the manner of release of salary once an employee expresses his/her intent to resign, this obligation must be fulfilled. However, the company's customary practice must be consulted if you have not signed any contract.

It is important that you inquire from your company about their policy. This way, you will be enlightened in the event they do not release your last paycheck. The human resources and accounting departments will be able to answer your concerns regarding your salary.

The reason behind the withholding of the salary is to give the employer the chance to clear the employee from liabilities. Once you comply with company's requirements such as securing a clearance form, there is a possibility that you will still get your salary.

You lost your job.

A family member got hospitalized causing you to use the money intended for paying rent.

You will certainly agree that being faced with financial issues is stressful. Every tenant has encountered problems with paying rent on time or in full. It is no secret. The mere fact that your landlord will penalize you for paying late is enough to cause panic.

The good news is, you can still deal with late rent payments.

Arrange A Partial Rent Payment

Being evicted is the last thing you want to happen, but rules are rules. There is still something you can do to avoid eviction and that is to negotiate a partial or delayed rent payment. Do not wait for your landlord to remind you of the payment you failed to make. Be proactive and inform your landlord that can't afford to pay rent this month. The mere fact that you made an effort to inform them is a sign of your willingness to settle delayed rent payment.

Keep in mind that delayed payment can also affect your landlord in more ways than one. What if the payment will be used for paying the utility bills? What if the payment will be intended for paying their kids' tuition fees? Giving your landlord a written assurance that you are going to pay the full rent will give both parties peace of mind.

First, you need to ask your landlord in writing to give you a few extra days or weeks to settle the payment. You will need to explain why you are having difficulties making a timely payment.

If it is possible, you can offer to pay at least some of the rent on time. Your landlord also needs an assurance that you will deliver what you have promised so a written agreement will be deemed necessary. Be sure to indicate the date and keep your promise. As a rule of thumb, late payment will also incur late fee. Be sure to be prepared for it.

The Problem Will Not Go Away Unless You Do Something About it

If you are tempted to ignore the problem, thinking that it will just go away, you may have to think twice.

Your landlord keeps a record of the payment tenants made. This means they can easily track late payments. You will not solve the problem if you will develop a habit of ignoring reminders through emails or phone calls. Not cool.

Sending A Check You Know Will Bounce Is A Big No-No!

If you are toying with the idea of sending a bad check, it is estafa hiding in plain sight, a lawsuit that is waiting to happen. Instead of solving the problem, you are only fueling your landlord's anger. A bounced check only worsens your problem as the landlord may be left with no choice but to terminate your tenancy.

If you have been a good tenant, asking a small favor from your landlord won't hurt. Once you have made a rent payment, make it a habit to pay on time.

When married couples separate, is the obligation of the husband limited only to supporting children who are in the care of the wife? What if the wife incurred debts? Does the husband have an obligation to make a payment of the debt?

According to Article 91 of the Family Code, the absolute community property of the spouse or the pieces of property, which belong to the spouse during marriage or acquired thereafter shall have legal liability. These include the following:

(2) All debts and obligations contracted during the marriage by the designated administrator-spouse for the benefit of the community, or by both spouses, or by one spouse with the consent of the other;

(3) Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited;

If the wife incurred the debt after the husband separated from her, the husband's obligation to pay the debt is considered jointly. This means that if the wife incurred the debt even when you have already separated, the husband still has an obligation to settle it, provided that the debt incurred benefited the family. It is also interesting to note that the husband assumes responsibility for the wife's debt if the consent was obtained from him.

On the other hand, Article 102 of the Absolute Community of Property states:

(1) An inventory shall be prepared, listing separately all the properties of the absolute community and the exclusive properties of each spouse.

(2) The debts and obligations of the absolute community shall be paid out of its assets. In case of insufficiency of said assets, the spouses shall be solidarily liable for the unpaid balance with their separate properties in accordance with the provisions of the second paragraph of Article 94.

(3) Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them.

(4) The net remainder of the properties of the absolute community shall constitute its net assets, which shall be divided equally between husband and wife, unless a different proportion or division was agreed upon in the marriage settlements, or unless there has been a voluntary waiver of such share provided in this Code. For purpose of computing the net profits subject to forfeiture in accordance with Articles 43, No. (2) and 63, No. (2), the said profits shall be the increase in value between the market value of the community property at the time of the celebration of the marriage and the market value at the time of its dissolution.

When it comes to correcting clerical or typographical errors in an entry in the Civil Registry, you have to go through long procedures that will even make a dent in your pocket. This problem with costly and tedious procedures have already been addressed by Republic Act. No. 9048. This act authored by Rep. Magtanggol Gunigundo is known as Clerical Error Law. This legislation allows you to correct typographical errors without court intervention. The law removes the burden of the old procedure in correcting clerical errors such as wrong spelling from marriage, birth and even death certificates.

Republic Act No. 9048

No entry in a civil register shall be changed or corrected without a judicial order, except for clerical or typographical errors and change of first name or nickname which can be corrected or changed by the concerned city or municipal civil registrar or consul general in accordance with the provisions of this Act and its implementing rules and regulations.

Any person having direct and personal interest in the correction of a clerical or typographical error in an entry and/or change of first name or nickname in the civil register may file, in person, a verified petition with the local civil registry office of the city or municipality where the record being sought to be corrected or changed is kept.

(1) The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely difficult to write or pronounce.

(2) The new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that by that first name or nickname in the community: or

(3) The change will avoid confusion.

The petition shall be supported with the following documents:

(1) A certified true machine copy of the certificate or of the page of the registry book containing the entry or entries sought to be corrected or changed.

(2) At least two (2) public or private documents showing the correct entry or entries upon which the correction or change shall be based; and

(3) Other documents which the petitioner or the city or municipal civil registrar or the consul general may consider relevant and necessary for the approval of the petition.

The 13th month pay is one of the things employees look forward to as the holiday season approaches. While most employees still need to wait for a few months to get their 13th month pay, it still pays to be aware of how it is calculated. It is no surprise that there are some employees who are still filing disputes because of receiving the wrong amount of 13th month pay or being taxed for the amount considered to be non-taxable. Here is the basic information on 13th month pay you need to obtain.

Amount and payment of 13th Month Pay

(a)  Minimum of the Amount. — The minimum 13th month pay required by law shall not be less than one-twelfth of the total basic salary earned by an employee within a calendar year. For the year 1987, the computation of the 13th month pay shall include the cost of living allowances (COLA) integrated into the basic salary of a covered employee pursuant to Executive Order 178.

E.O. No. 178 provides, among other things, that the P9.00 of the daily COLA of P17.00 for non-agricultural workers shall be integrated into the basic pay of covered employees effective 1 May 1987, and the remaining P8.00 effective 1 October 1987. For establishments with less than 30 employees and paid-up capital of P500,000 or less, the integration of COLAs shall be as follows: P4.50 effective on 1 May 1987; P4.50 on 1 October 1987; and P8.00 effective 1 January 1988. Thus, in the computation of the 13th month pay for 1987, the COLAs integrated into the basic pay shall be included as of the date of their integration.

Where the total P17.00 daily COLA was integrated effective 1 May 1987 or earlier the inclusion of said COLA as part of the of the basic pay for the purpose of computing the 13th month pay shall be reckoned from the date of actual integration.

The "basic salary" of an employee for the purpose of computing the 13th month pay shall include all remunerations or earning paid by this employer for services rendered but does not include allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary, such as the cash equivalent of unused vacation and sick leave credits, overtime, premium, night differential and holiday pay, and cost-of-living allowances. However, these salary-related benefits should be included as part of the basic salary in the computation of the 13th month pay if by individual or collective agreement, company practice or policy, the same are treated as part of the basic salary of the employees.

(b)  Time of Payment. — The required 13th month pay shall be paid not later than December 24 of each year. An employer, however, may give to his employees one half (½) of the required 13th month pay before the opening of the regular school year and the other half on before the 24th of December of every year. The frequency of payment of this monetary benefit may be the subject of agreement between the employer and the recognized/collective bargaining agent of the employees.

5.  13th Month Pay for Certain Types of Employees.

(a)  Employees Paid by Results. — Employees who are paid on piece work basis are by law entitled to the 13th month pay.

Employees who are paid a fixed or guaranteed wage plus commission are also entitled to the mandated 13th month pay, based on their total earnings during the calendar year, i.e., on both their fixed or guaranteed wage and commission.

(b)  Those with Multiple Employers. — Government employees working part time in a private enterprise, including private educational institutions, as well as employees working in two or more private firms, whether on full or part time basis, are entitled to the required 13th month pay from all their private employers regardless of their total earnings from each or all their employers.

(c)  Private School Teachers. — Private school teachers, including faculty members of universities and colleges, are entitled to the required 13th month pay, regardless of the number of months they teach or are paid within a year, if they have rendered service for at least one (1) month within a year.

6.  13th Month Pay of Resigned or Separated Employee.

An employee who has resigned or whose services were terminated at any time before the time for payment of the 13th month pay is entitled to this monetary benefit in proportion to the length of time he worked during the year, reckoned from the time he started working during the calendar year up to the time of his resignation or termination from the service. Thus, if he worked only from January up to September his proportionate 13th month pay should be equivalent of 1/12 his total basic salary he earned during that period.

The payment of the 13th month pay may be demanded by the employee upon the cessation of employer-employee relationship. This is consistent with the principle of equity that as the employer can require the employee to clear himself of all liabilities and property accountability, so can the employee demand the payment of all benefits due him upon the termination of the relationship.

7.  Non-inclusion in Regular Wage.

The mandated 13th month pay need not be credited as part of regular wage of employees for purposes of determining overtime and premium pays, fringe benefits insurance fund, Social Security, Medicare and private retirement plans.

8.  Prohibitions against reduction or elimination of benefits.
Nothing herein shall be construed to authorize any employer to eliminate, or diminish in any way, supplements, or other employee benefits or favorable practice being enjoyed by the employee at the time of promulgation of this issuance.

A typical day in the life of a mouse potato usually starts with checking some share-worthy news on Facebook and Twitter. Some rely more on social media for some juicy tidbits than reading the newspaper. So if you are looking for some words of wastedom, err wisdom, the Internet is probably the suitable place you would consider going to. In a world of fake, would you still put your trust in news you come across online? While it may seem legitimate, the information is either half-baked or for lack of a better term, not baked at all. Whether the news is about a celebrity who died of suicide, a prime minister commending a politician for his exemplary performance or a wonder cure for a disease you cannot even pronounce, fake news stays in the realm of fiction.

Facebook alone has about 1.7 billion users and it has become a breeding ground for fake stories and misinformation. Anything with a catchy headline is worth sharing right? Everyone can fall prey to what seemed like a compelling piece of information, but sharing or spreading fake news or believing in one is just as bad as rumor mongering. It misleads people, creates chaos, causes disarray, and even damage a person. If you are unsure of the source, it is much better to dissect the information before spreading the word.

Also, the following sites are only meant to entertain. Whenever you come across satirical articles on these sites, please keep in mind that they are intended to inject humor, sarcasm and irony.

1.Professional Heckler (https://professionalheckler.com)

2.Adobo Chronicles (https://adobochronicles.com/)

3.Mosquito Press (http://mosquitopress.tumblr.com/)

4.Agila News (https://agilanews.wordpress.com)

5.So, What’s News? (https://sowhatsnews.wordpress.com/)

DECLARING UNLAWFUL RUMOR-MONGERING AND SPREADING FALSE INFORMATION

WHEREAS, a primordial objective of Proclamation No. 1081 dated September 21, 1972 is the early restoration of peace, order and tranquility throughout the country;

WHEREAS, one of the most insidious means of disrupting such peace, order and tranquility is the utterance, publication, distribution, circulation and spread of rumors, false news or information and gossip that cause divisive effects among the people, discredit of or distrust for the duly constituted authorities and/or that undermine the stability of the government and the objectives of the New Society and, therefore, inimical to the best interests of the State;

WHEREAS, to attain the aforesaid primordial objective of Proclamation No. 1081, it is imperative that such acts be curbed and penalized;

NOW, THEREFORE, I, FERDINAND E. MARCOS, in my capacity as Commander-in-Chief of all the Armed Forces of the Philippines and pursuant to Proclamation No. 1081 dated September 21, 1972, do hereby order and decree that any person who shall offer, publish, distribute, circulate and spread rumors, false news and information and gossip, or cause the publication, distribution, circulation or spreading of the same, which cause or tend to cause panic, divisive effects among the people, discredit of or distrust for the duly constituted authorities, undermine the stability of the Government and the objectives of the New Society, endanger the public order, or cause damage to the interest or credit of the State shall, upon conviction, be punished by prision correccional. In case the offender is a government official or employee, the accessory penalty of absolute perpetual disqualification from holding any public office shall be imposed.

Done in the City of Manila, this 6th day of January, in the year of Our Lord, nineteen hundred and seventy-three.

What could be worse than filming an 18-month-old baby and selling the sex video for up to $10,000 to both American and European buyers? No words can ever describe the monstrosity and evil machinations of Peter Scully and his minions. One of the worst videos, called Daisy's Destruction shows an 18-month-old baby girl tied upside down by her feet. The baby was sexually assaulted and bashed by two of Scully's Pinay girlfriends. The video brought tears to the investigators in the Philippines as it was just beyond acceptable. It is even unsettling when the tortured girl screams and cries because of what seemed to be an endless torture inflicted upon her. Chief presecutor Jaime Umpa told the court that if he had a choice, it would be death for Scully. If death penalty will not be served to Scully, another option is to reintroduce serving 100 years in jail.

News Source:https://www.youtube.com/watch?https://au.news.yahoo.com/a/32704194/philippines-considering-bringing-back-death-penalty-for-accused-australian-pedophile/#page1

There are different situations that involve questioning the legitimacy of a child. In fact, a birth certificate can be cancelled if there's adequate proof that it is fictitious. Another situation in which the legitimacy can be questioned is when the child was conceived as a result of artificial insemination. Both the husband and wife should prove that insemination was approved otherwise, the wife will be sentenced as an adulteress.

Even if the husband and wife are married, the husband can still question the child's legitimacy based on the following grounds:

Art. 166

(1) That it was physically impossible for the husband to have sexual intercourse with his wife within the first 120 days of the 300 days which immediately preceded the birth of the child because of:

(a) the physical incapacity of the husband to have sexual intercourse with his wife;

(b) the fact that the husband and wife were living separately in such a way that sexual intercourse was not possible; or

(c) serious illness of the husband, which absolutely prevented sexual intercourse;

(2) That it is proved that for biological or other scientific reasons, the child could not have been that of the husband, except in the instance provided in the second paragraph of Article 164; or

(3) That in case of children conceived through artificial insemination, the written authorization or ratification of either parent was obtained through mistake, fraud, violence, intimidation, or undue influence.

Who may question legitimacy

Art. 170. The action to impugn the legitimacy of the child shall be brought within one year from the knowledge of the birth or its recording in the civil register, if the husband or, in a proper case, any of his heirs, should reside in the city or municipality where the birth took place or was recorded.

If the husband or, in his default, all of his heirs do not reside at the place of birth as defined in the first paragraph or where it was recorded, the period shall be two years if they should reside in the Philippines; and three years if abroad. If the birth of the child has been concealed from or was unknown to the husband or his heirs, the period shall be counted from the discovery or knowledge of the birth of the child or of the fact of registration of said birth, whichever is earlier.

Art. 171. The heirs of the husband may impugn the filiation of the child within the period prescribed in the preceding article only in the following cases:

(1) If the husband should die before the expiration of the period fixed for bringing his action;

(2) If he should die after the filing of the complaint without having desisted therefrom; or

(3) If the child was born after the death of the husband.

Property relations often cover married couples, but there are still couples who are in a live-in relationship or also referred to as common law marriage. Although couples are merely living in, they can still acquire properties and other valued possessions. Some eventually decide to get married while others who cannot settle differences part ways. This is where the situation gets tricky. Although unmarried couples live under one roof, the property relations between live-in partners may still be hazy. A relationship that used to be sweet can turn sour because of issues with money, inheritance and property. This is where Articles 147 and 148 of the Family Code of the Philippines can be applied.

Article 147 of the Family code.

Art. 147. When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership.

In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. For purposes of this Article, a party who did not participate in the acquisition by the other party of any property shall be deemed to have contributed jointly in the acquisition thereof if the former’s efforts consisted in the care and maintenance of the family and of the household.

Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and owned in common, without the consent of the other, until after the termination of their cohabitation.

When only one of the parties to a void marriage is in good faith, the share of the party in bad faith in the co-ownership shall be forfeited in favor of their common children. In case of default of or waiver by any or all of the common children or their descendants, each vacant share shall belong to the respective surviving descendants. In the absence of descendants, such share shall belong to the innocent party. In all cases, the forfeiture shall take place upon termination of the cohabitation.

Article 148 of the Family Code

Art. 148. In cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidences of credit.

If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. If the party who acted in bad faith is not validly married to another, his or her shall be forfeited in the manner provided in the last paragraph of the preceding Article.

Everyone riveted to the TV screen while waiting for extra judicial killings witness, Edgar Matobato to spill the beans. The plot thickens as the truth unfolds (or so we thought). Everyone one in the senate took turns of throwing questions to determine Matobato's credibility. Of course, those who are glued to their TV screen were just waiting for the witness to open a can of worms. There is currently a web of controversies rippling around war on drugs, and it is no secret that some members of the senate are also doing their own investigation. The investigation involves digging deeper into the proliferation of Extra Judicial Killings under the Duterte regime.

Matobato reiterated everything he knew about the extra judicial killings in vivid details. However, it appeared that the more he opened his mouth, the more he got himself into trouble. People who watched the senate hearing took to social media to express their disappointment, dismay and a bit of appreciation for Matobato's chutzpah. Yes, there were mixed reactions about the issue, but most of which are negative. 

Due to the series of inconsistencies on Matobato's statement, Senator Panfilo Lacson could not help but question the alleged Davao Death Squad member's credibility. The question is, are there necessary steps that supposed witnesses have to take to determine their credibility?

C. TESTIMONIAL EVIDENCE

1. Qualification of Witnesses

Section 20.    Witnesses; their qualifications. — Except as provided in the next succeeding section, all persons who can perceive, and perceiving, can make their known perception to others, may be witnesses.

Religious or political belief, interest in the outcome of the case, or conviction of a crime unless otherwise provided by law, shall not be ground for disqualification. (18a)

Section 21.    Disqualification by reason of mental incapacity or immaturity. — The following persons cannot be witnesses:

(a) Those whose mental condition, at the time of their production for examination, is such that they are incapable of intelligently making known their perception to others;

(b) Children whose mental maturity is such as to render them incapable of perceiving the facts respecting which they are examined and of relating them truthfully. (19a)

Section 22.    Disqualification by reason of marriage. — During their marriage, neither the husband nor the wife may testify for or against the other without the consent of the affected spouse, except in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter's direct descendants or ascendants. (20a)

Section 23.    Disqualification by reason of death or insanity of adverse party. — Parties or assignor of parties to a case, or persons in whose behalf a case is prosecuted, against an executor or administrator or other representative of a deceased person, or against a person of unsound mind, upon a claim or demand against the estate of such deceased person or against such person of unsound mind, cannot testify as to any matter of fact occurring before the death of such deceased person or before such person became of unsound mind. (20a)

Section 24.    Disqualification by reason of privileged communication. — The following persons cannot testify as to matters learned in confidence in the following cases:

(a) The husband or the wife, during or after the marriage, cannot be examined without the consent of the other as to any communication received in confidence by one from the other during the marriage except in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter's direct descendants or ascendants;

(b) An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of, or with a view to, professional employment, nor can an attorney's secretary, stenographer, or clerk be examined, without the consent of the client and his employer, concerning any fact the knowledge of which has been acquired in such capacity;

(c) A person authorized to practice medicine, surgery or obstetrics cannot in a civil case, without the consent of the patient, be examined as to any advice or treatment given by him or any information which he may have acquired in attending such patient in a professional capacity, which information was necessary to enable him to act in capacity, and which would blacken the reputation of the patient;

(d) A minister or priest cannot, without the consent of the person making the confession, be examined as to any confession made to or any advice given by him in his professional character in the course of discipline enjoined by the church to which the minister or priest belongs;

(e) A public officer cannot be examined during his term of office or afterwards, as to communications made to him in official confidence, when the court finds that the public interest would suffer by the disclosure. (21a)

The inherited estate is one of the most talked about topics concerning property relation. While it is often said that when two people get married, anything acquired during marriage is deemed conjugal property, there are still some exceptions to the rule and this is where issues become complex. What if the property at the time of marriage has been inherited by one of the spouses? This is an interesting question because the problem usually arises when couples decide to call it quits due to irreconcilable differences. As a result, all of the properties acquired will be divided equally. What makes a property exclusive?

Section 2. Exclusive Property of Each Spouse

"Art. 109. The following shall be the exclusive property of each spouse:

    (1) That which is brought to the marriage as his or her own;

    (2) That which each acquires during the marriage by gratuitous title;

    (3) That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and

    (4) That which is purchased with exclusive money of the wife or of the husband. (148a)

Art. 110. The spouses retain the ownership, possession, administration and enjoyment of their exclusive properties.

Either spouse may, during the marriage, transfer the administration of his or her exclusive property to the other by means of a public instrument, which shall be recorded in the registry of property of the place the property is located. (137a, 168a, 169a)

Art. 111. A spouse of age may mortgage, encumber, alienate or otherwise dispose of his or her exclusive property, without the consent of the other spouse, and appear alone in court to litigate with regard to the same. (n)

Art. 112. The alienation of any exclusive property of a spouse administered by the other automatically terminates the administration over such property and the proceeds of the alienation shall be turned over to the owner-spouse. (n)

Art. 113. Property donated or left by will to the spouses, jointly and with designation of determinate shares, shall pertain to the donee-spouses as his or her own exclusive property, and in the absence of designation, share and share alike, without prejudice to the right of accretion when proper. (150a)

Art. 114. If the donations are onerous, the amount of the charges shall be borne by the exclusive property of the donee spouse, whenever they have been advanced by the conjugal partnership of gains. (151a)

Art. 115. Retirement benefits, pensions, annuities, gratuities, usufructs and similar benefits shall be governed by the rules on gratuitous or onerous acquisitions as may be proper in each case. (n)"

Have you ever basked in the solace of beer or dangerous drugs? Have you been on a downward spiral toward depression that you consider these substances as a quick but temporary fix? Is having fun incomplete without drowning yourself in these substances? When you are under the influence of alcohol or dangerous drugs, you do things you do not normally do as inhibitions are unleashed. When you no longer know where to draw the line, it seems so easy to flirt with danger and even go steady with death. Intoxication can breed danger or pose a threat to your life and to other people. Drinking should not be intertwined with driving. Here's why:

Implementing Rules And Regulations

"REPUBLIC ACT NO. 10586
AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF ALCOHOL, DANGEROUS DRUGS, AND SIMILAR SUBSTANCES, AND FOR OTHER PURPOSES
SEC. 4. Driver’s Education. – Every applicant for a motor vehicle driver’s license shall complete a course of instruction that provides information on safe driving including, but not limited to, the effects of the consumption of alcoholic beverages on the ability of a person to operate a motor vehicle, the hazards of driving under the influence of alcohol, dangerous drugs and/or other similar substances, and the penalties attached for violation thereof.

For professional drivers, every applicant for a driver’s license or those applying for renewal thereof shall undergo the driver’s education herein stated.

The driver’s license written examination shall include questions concerning the effects of alcohol and drug intoxication on the ability of a person to operate a motor vehicle and the legal and pecuniary consequences resulting from violation of the provisions of this Act.

SEC. 5. Punishable Act. – It shall be unlawful for any person to drive a motor vehicle while under the influence of alcohol, dangerous drugs and/or other similar substances.

SEC. 6. Conduct of Field Sobriety, Chemical and Confirmatory Tests. – A law enforcement officer who has probable cause to believe that a person is driving under the influence of alcohol, dangerous drugs and/or other similar substances by apparent indications and manifestations, including overspeeding, weaving, lane straddling, sudden stops, swerving, poor coordination or the evident smell of alcohol in a person’s breath or signs of use of dangerous drugs and other similar substances, shall conduct field sobriety tests.

If the driver fails in the sobriety tests, it shall be the duty of the law enforcement officer to implement the mandatory determination of the driver’s blood alcohol concentration level through the use of a breath analyzer or similar measuring instrument.

If the law enforcement officer has probable cause to believe that a person is driving under the influence of dangerous drugs and/or other similar substances, it shall be the duty of the law enforcement officer to bring the driver to the nearest police station to be subjected to a drug screening test and, if necessary, a drug confirmatory test as mandated under Republic Act No. 9165.

Law enforcement officers and deputized local traffic enforcement officers shall be responsible in implementing this section.

SEC. 7. Mandatory Alcohol and Chemical Testing of Drivers Involved in Motor Vehicular Accidents. – A driver of a motor vehicle involved in a vehicular accident resulting in the loss of human life or physical injuries shall be subjected to chemical tests, including a drug screening test and, if necessary, a drug confirmatory test as mandated under Republic Act No. 9165, to determine the presence and/or concentration of alcohol, dangerous drugs and/or similar substances in the bloodstream or body.

SEC. 8. Refusal to Subject Oneself to Mandatory Tests. – A driver of a motor vehicle who refuses to undergo the mandatory field sobriety and drug tests under Sections 6, 7 and 15 of this Act shall be penalized by the confiscation and automatic revocation of his or her driver’s license, in addition to other penalties provided herein and/or other pertinent laws."

The husband and wife may decide to call it quits because a spark of romance no longer ignites their relationship. Sometimes, married couples stay together because of their children. When the time comes that they cannot stand each other, separation is the only option worth-exploring. By separation means being physically separated without going through any judicial process. After a long period of physical separation, both parties may decide to find somebody new and start all over again.

The common misconception of separated husband and wife is that long separation automatically nullifies marriage. This is not true at all. Even if you have separated for more than 10 years, it does not deny the fact that your marriage is still valid. Death and judicial process are the options that can declare your marriage null and void.

Preparing and notarizing a document that declare both parties free to marry other individuals may be an alternative to the judicial process that married couples need to undergo. The document is also a proof that they will not file charges of concubinage or adultery against each other. Are these documents enough to nullify marriage or allow both parties to remarry?

Illegal, Immoral, Void

Since 1933, the Supreme Court has ruled that these documents are considered illegal, immoral and void. This rule has been in existence for 83 years. If ever judges, lawyers and notaries-public have prepared and signed this kind of document, they will be reprimanded by the Court. Penalties such as suspension or disbarment will be imposed. Unfortunately, these practices still exist.

These documents will not vindicate both parties in the event they commit a crime of adultery or concubinage. According to Article 221, Civil code, "any contract for personal separation between husband and wife and every extra judicial agreement, during the marriage, for the dissolution of the conjugal partnership" will be considered void by the law to preserve the institutions of the family and marriage. Even a notarized document will be not be considered as a way of facilitating the disintegration of a marriage nor will it encourage the separation of spouses.

For anyone who may attempt to use a notarized document for the belief that it is enough to remarry someone just because it has been notarized by a lawyer or a judge, you need to think again. You can run from the law, but you can never hide. Since the process involved in filing for nullity of marriage is long and expensive, an attempt to reconcile is still deemed necessary.

When it comes to complying with job requirements, processing a passport or obtaining other essential documents,you need to provide additional documents, which can only be obtained from public or government offices. The lines can be longer than your patience especially if you have waited for hours to get the documents or IDs you have requested. If waiting in line for hours is also your pet peeve, the Anti-Red Tape Act of 2007 is going to be the answer to the time-consuming process involved in processing documents.

Republic Act No. 9485 (Anti-Red Tape Act of 2007)

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to promote integrity, accountability, proper management of public affairs and public property as well as to establish effective practices aimed at the prevention of graft and corruption in government. Towards this end, the State shall maintain honesty and responsibility among its public officials and employees, and shall take appropriate measures to promote transparency in each agency with regard to the manner of transacting with the public, which shall encompass a program for the adoption of simplified procedures that will reduce red tape and expedite transactions in government.

SEC. 3. Coverage. - This Act shall apply to all government offices and agencies including local government units and government-owned or -controlled corporations that provide frontline services as defined in this Act. Those performing judicial, quasi-judicial and legislative functions are excluded from the coverage of this Act.

Simple Versus Complex Transactions

Simple transactions refer to applications or requests submitted by clients of an agency or government office. These transactions only require ministerial actions on the part of employee or public officer. On the other hand, complex transactions refer to applications or requests by clients of a government office which require the use of discretion in resolving complicated issues by an employee or officer of an agency or government office.

Penalties

"SEC. 11. Violations. - After compliance with the substantive and procedural due process, the following shall constitute violations of this Act together with their corresponding penalties:

(a) Light Offense -

    (1) Refusal to accept application and/or request within the prescribed period or any document being submitted by a client;

    (2) Failure to act on an application and/or request or failure to refer back to the client a request which cannot be acted upon due to lack of requirement/s within the prescribed period;

    (3) Failure to attend to clients who are within the premises of the office or agency concerned prior to the end of official working hours and during lunch

    (4) Failure to render frontline services within the prescribed period on any application and/or request without due cause;

    (5) Failure to give the client a written notice on the disapproval of an application or request; and

    (6) Imposition of additional irrelevant requirements other than those listed in the first notice.

Penalties for light offense shall be as follows:

    First Offense - Thirty (30) days suspension without pay and mandatory attendance in Values Orientation Program;

    Second Offense - Three (3) months suspension without pay; and

    Third Offense - Dismissal and perpetual disqualification from public service.

(b) Grave Offense - Fixing and/or collusion with fixers in consideration of economic and/or other gain or advantage.

Penalty - Dismissal and perpetual disqualification from public service."

Fixers

They are visible whenever there are applicants who are waiting in vain for their IDs or other government documents to be released. They promise a faster and better transaction in exchange for cash. More often than not, fixers would ask more than what the applicant needs to pay for the document or ID. Since it takes hours or even days for the requested documents to be released, the applicant will be left with no choice but to give in to the fixer's demands.

"SEC. 12. Criminal Liability for Fixers. - In addition to Sec. 11 (b), fixers, as defined in this Act, shall suffer the penalty of imprisonment not exceeding six years or a fine not less than Twenty Thousand Pesos (P20,000.00) but not more than Two Hundred Thousand Pesos (P200,000.00) or both fine and imprisonment at the discretion of the court.

They say, "stick and stones may break my bones, but words will never hurt me". Words can hurt people and can scar them for life. When a person becomes a victim to the throes of another person's anger, hurtful words become a powerful weapon that pierces through the soul. Some would simply shrug these off, but if words have already tainted one's reputation, honor or character, the matters are taken to court. Libel, oral defamation or slander. These are freedom of speech and expression gone wrong. As they say, too much of everything is bad and even if you only intend to express your anger, discontentment or turmoil towards the person by uttering or writing unpleasant words against him or her, the damage cannot be undone. However, deciphering the intricacies of laws concerning violation of freedom of speech and expression can be quite puzzling. So, how does libel differ from slander?

Libel

Libel, according the to Article 353 of the Revised Penal Code is "the public and malicious imputation of a crime, or  of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead"

"ART. 355. Libel by means of writings or similar means. — A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prisión correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party."

Slander or Oral Defamation

Slander or oral defamation is defined as speaking of base or defamatory words with an intention to prejudice another person in his or her reputation. Slander by deed on the other hand, is an act committed which tends to discredit or dishonor another individual. (Article 359 of the Revised Penal Code)

Art. 358. Slander. — Oral defamation shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period if it is of a serious and insulting nature; otherwise the penalty shall be arresto menor or a fine not exceeding 200 pesos.

Art. 359. Slander by deed. — The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 1,000 pesos shall be imposed upon any person who shall perform any act not included and punished in this title, which shall cast dishonor, discredit or contempt upon another person. If said act is not of a serious nature, the penalty shall be arresto menor or a fine not exceeding 200 pesos.

Whether it is spoken or written, it is every person's responsibility to mince words to avoid hurting another person's feelings. It is true that the freedom of speech and expression is one of the most valued rights, but this does not give you license to say as you please.

Renting a property is indeed very challenging especially when it comes to following rules. Due to excitement, the tenant may immediately sign the contract without reading the content of the tenancy agreement. It is important to ask questions before you consider signing the lease agreement to prevent problems from arising in the future.

1. Mode of payment

Before you sign the lease agreement, be sure you find out about the mode of payment accepted. More often than not, the landlord will prefer cash but check or bank transfer may also be an option. Aside from the mode of payment, you should also ask about the specific date that the payment should be made.

2. Utilities you are responsible for

Some landlords include utilities like water and electricity to the rental payment while others may also consider paying the utilities separately. Make sure you settle issues of utilities so confusion can be avoided.

3. Repair and Renovation of the Property

It is important to know whether or not it is allowed to make changes to the property. Some landlords allow repair and renovation while others may not agree with it. The landlord's policy regarding re-designing the rental space is usually specified on the contract.

4. Guest Policy

You have to keep in mind that the policy when renting an apartment or other types of rental property may vary from landlord to landlord. There are landlords who prefer to set specific visiting hours and prohibit tenants from accepting visitors in the middle of the night due to security issues. Before you move in, ask the time you can accept or bring a guest.

5. Bringing Pets

Again, some landlords do not mind bringing your furry friends, but there are owners that either prohibit pets in the property or expect a pet deposit. Ask in advance to find out.

6. Maintenance Problem

It can be inevitable to encounter maintenance emergency when you are supposed to have a good night's sleep. The landlord must be quick to respond to maintenance problems. You should know if the landlord has a reliable repairman who will come to the rescue in case of maintenance emergency.

7. Damage and Security Deposit

The security deposit serves as your bond in the event you have incurred damage in the property. However, if you choose to not renew your contract and there are no damages in the property, you need to get a refund of your security deposit. Ask the landlord if they allow documenting current damage in the rental property for future reference.

8.Non-Refundable Security Deposit

Normal wear and tear can be an issue that may cause the landlord to hold the deposit. Be sure to arm yourself with sufficient knowledge about the reasons for not getting your security deposit back.