Patience is a virtue for making people pay for what they owe. You will need to remind them over and over again about the unpaid debts, but the result is not always what you expect. There can be times when you will get more lame excuses than payments until you decide to put the issue to rest. The good news is, you can still get paid, thanks to the existence of small claims court.

The Steps For Filing For A Small Claims Case

1. Go to either the first level court of the city where you reside or the first level court of the city where your debtor resides.

2. The first level courts are defined as the Municipal Circuit Trial Courts Municipal Trial Court, Metropolitan Trial Court and Municipal Trial Courts in Cities.

3. Go to the Office of the Clerk of Court and fill up the Statement of Claim, Certification of Non-Forum Shopping and Information for Plaintiff.

4. A Verified Statement of Claim must be accomplished as plaintiff and the information must be correct.

5. The important documents must also be provided as proof that the loan occurred. This will include the signed contracts by the defendants, promissory notes, bank deposit slips, receipts and checks, affidavits of witnesses and latest demand letter with proof of delivery or proof of receipt.

6. The plaintiff needs to pay a small amount to file the case, which may usually be around P1250.00

"This Rule applies to all actions that are: (a) purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment/reimbursement of a sum of money, and (b) the civil aspect of criminal actions, either filed prior to the institution of the criminal action, or reserved upon the filing of the criminal action in court, pursuant to Rule 111 of the Revised Rules of Criminal Procedure. These claims or demands may be:For money owed under any of the following:>Contract of lease;

>Contract of loan;

>Contract of services;

>Contract of sale; or

>Contract of mortgage;

For damages arising from:

>Fault or negligence;

>Quasi-contract; or

>Contract;

Enforcement of a barangay amicable settlement or an arbitration award involving money claims covered by this Rule pursuant to Sec. 417 of Republic Act No. 7160, otherwise known as the "Local Government Code of 1991."

Explanatory Note: The kinds of cases that can be filed in Small Claims Court vary, but the case must seek money only. For example, a suit cannot be brought in Small Claims Court to force a person or business to fix a damaged good; or to demand fulfillment of a promised obligation which is not purely for money, or to seek money to compensate for pain and suffering. Some of the kinds of cases which are allowed as small claims include the following:

>Actual damage caused to vehicles, other personal property, real property or person;

>Payment or reimbursement for property, deposit, or money loaned;

>Payment for services rendered, insurance claim, rent, commissions, or for goods sold and delivered;

>Money claim pursuant to contact, warranty or agreement; and

>Purely civil action for payment of money covered by bounced or stopped check."

Bob Dylan used to say "old habits die hard: the things that are really not important are sometimes the hardest to give up". Perhaps the same principle applies to spreading gossips. When intrusion to someone's privacy becomes a habit, it begins to be part of your system. Although rumor-mongering seems to be a recreation to some, it can still be damaging to one's reputation as it can spread like wild fire. Before you know it, everyone in your community has already heard about a senseless rumor about you. What legal actions can you take against a person who spreads rumors?

Article 26, Chapter 2: Human Relations

"Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief:

(1) Prying into the privacy of another's residence:

(2) Meddling with or disturbing the private life or family relations of another;

(3) Intriguing to cause another to be alienated from his friends;

(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.

Discussion/Explanation:

1. Duty to Respect Dignity and Privacy
This article enhances human digminty and personality. Social equity is noy sought, but due regard for decency and propriety.

2. Remedies
a. An action for damages
b. An action for prevention
c. Any other relief

A civil action may be instituted even if no crime is involved and moral damages may be obtained.

3. Scope
a. Prying into the privacy of another's residence- includes by the implication respect for another's name, picture, or personality except insofar as is needed fro publication of information and pictures of legitimate news value.

b. Meddling with or disturbing the private life or family relations of another- includes alienation of the affections of the husband or the wife. Thus a girl who makes love to a married man, even if there be no carnal relations, disturbs his family life, and damages may therefore be asked of her. Intriguing against another's honor is also included.

c. Intriguing to cause another to be alienated from his friends- includes gossiping, and reliance on hearsay.

d. Vexing or humiliating- includes criticism of one's health or features without justifiable legal cause. Religious freedom does not authorize anyone to heap obloquy and disrepute upon another by reason of the latter's religion."

Once you are employed, you need to equip yourself with basic knowledge about Philippine labor law for you to know your rights as an employee. Aside from wage and monetary benefits, employees may also have lingering questions about the hours of work, rest day and even holidays. Here are the basics:

Hours of work

Employees must not exceed 8 hours a day while health personnel must have a maximum of 40 hours per week. If hours of work exceed 40 hours, the employee is entitled to 30% additional pay. While the law suggests 8 hours to be the maximum number of work hours, the law the does prohibit working less than eight hours. Part-time work is allowed and the pay will correspond to the actual hours worked. When it comes to the wage and benefits of part-time workers, they should be in proportion to the number of hours worked. For instance, if the part-time worker earns P400.00 for an eight-hour work, P200.00 will be received for work done in four hours.

The law on overtime applies to everyone. However, the following are exempted by the law: government employees, managerial personnel, househelpers, piece rate workers, non-agricultural field personnel whose work hours cannot be determined and family members who are dependent upon the support of employer. For work done between 10PM and 6AM, the rate is higher than normal. Under the Labor Code, employees who work between the specified time shall be paid a night shift differential of not less than 10% of the regular wage for each hour of worked performed.

Overtime work refers to work rendered beyond 8 hours and the employee who renders overtime work shall earn an additional pay of 25%. If overtime work is done on a rest day or holiday, the rate will be 30%. In the event of undertime on another day, overtime pay should still apply as the law prohibits offsetting overtime with undertime on another day.

Rest Day

Weekly rest day includes rest period of not less than 24 consecutive hours after every six normal workdays. The weekly restday is determined by the employer, but shall respect the employee's preference if such reference is based on religious grounds. If employees work on a rest day, the compensation will be the regular wage plus 30% thereof. For employees working on a Sunday, the employee shall be entitled to the additional 30% pay if Sunday happens to be the rest day.

Holidays

Holiday pay is received by employees on the occasion of a special day or a regular holiday. For regular holidays, the employee is still paid even if she did not work. The employee will be entitled to double pay if she works on a regular holiday. When it comes to a special day, the employees will not be paid if they do not report for work. If employees work on a special day, they will be entitled to 130% of the regular pay.

Child support is an issue that unmarried mothers have to face when the child is born out of wedlock. It is often difficult to chase after fathers who have abandoned children to avoid responsibility. In general, children born outside a valid marriage is referred to as illegitimate children, but there are other reasons for illegitimacy.

1. Children born of couples below 18, regardless of the existence of marriage;
2. Children born of incestuous marriages;
3. Children born of adulterous relations between parents;
4. Children born of other void marriages specified under Article 15;
6. Children born of bigamous marriages.

Two Types of Illegitimate Children

1. Recognized illegitimate child: This is the child that the father recognizes or acknowledges. The child is also allowed to use the father's surname. The father can recognize the filiation through: admission made in a public document, admission made in a private handwritten document and father's recognition through the record of birth appearing in the civil register.

2. Unrecognized illegitimate child:The child is know recognized by his biological father and has to use the mother's surname.

While recognized illegitimate children are entitled to the father's support, the unrecognized child may only get support from the father if the relationship between the child and the father is proven. 

"Chapter 3. Illegitimate Children

Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.

The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent. (289a)

Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. Except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force. (287a)
 
Chapter 4. Legitimated Children

Art. 177. Only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated. (269a)

Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation. (270a)

Art. 179. Legitimated children shall enjoy the same rights as legitimate children. (272a)

Art. 180. The effects of legitimation shall retroact to the time of the child's birth. (273a)

Art. 181. The legitimation of children who died before the celebration of the marriage shall benefit their descendants. (274)

Art. 182. Legitimation may be impugned only by those who are prejudiced in their rights, within five years from the time their cause of action accrues. (275a)"

In general, the full custody of a child below seven is given to the mother. However, a mother may risk losing custody if found guilty of subjecting children to any type of abuse.

The compelling reasons for a mother to lose child custody:

1. insanity
2. neglect
3. abandonment
4. immorality and unemployment
5. habitual drunkenness
6. drug addiction
7. maltreatment of the child
8. affliction with a communicable illness

For children older than seven years of age, they have the right to state their preference. However, the court is not bound by the children's choice as it also has to exercise its discretion by ensuring that the parent who gets the custody is deemed fit for the role. The custody may also be given to a third person.

"Art. 209. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and well‑being. (n)

The State ought not to interfere with the right of parents to bring up their child unless its exercise causes potential harm to him. The State steps in, through the law, only if there are compelling reasons to do so. State intrusion is uncalled for where the welfare of a child is not jeopardized.

Regardless of marital circumstances, the mother and the father are presumed to be fit and competent to act in the best interest of their child. They can agree to share parental authority or, if you will, parental custody even as they decide to live under separate roofs. In a voluntary joint custody the mother might want to keep the child in her home during schooldays but allow the father to have him on weekends. And they could agree on some device for arriving at a consensus on where the child will study and how his spiritual needs are to be attended to.

The law does not take away from a separating couple the authority and competence to determine what is best for their child. If they resolve on their own that shared parental custody is in their child's best interest, then the law and the courts have no business vetoing their decision. The parents enjoy a primary right to make such decision. I cannot concede that, where the child is below seven years of age, any agreement that diminishes the mothers absolute custody over him is void.

The second paragraph of Article 213 of the Family Code should not be read as prohibiting separated couples from agreeing to a custody arrangement, other than sole maternal custody, for their child of tender age. The statutory preference for the mothers custody comes into play only when courts are compelled to resolve custody fights between separated parents. Where the parents settle the matter out of court by mutual agreement, the statutory preference reserved to the mother should not apply.

A reading of the entire text of Article 213 shows that the second paragraph applies only to custody disputes that have reached the courtroom. Thus:

Article 213. In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit.

No child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise.

It is unmistakable that the legislative policy is to vest the separated mother with physical custody of the child under seven years old, in cases where the courts are called upon to designate a parent for the exercise of parental authority. The second sentence of the first paragraph and the second paragraph itself merely qualify the general rule expressed in the first sentence that parental authority shall be exercised by the parent designated by the Court, in case of parental separation.

In choosing the parent who will exercise parental authority, the court must take into account all relevant considerations. One of these is the child's age, as the court is directed to give due regard to the child's choice, if the child is more than seven years of age. If the child, however, is below seven years of age, the court cannot separate the child from the mother, except for compelling reasons. This is the import of the entire provision.

Thus, no legislative policy is violated if separated parents are allowed to voluntarily agree to a child custody arrangement other than sole maternal custody. It is not the policy of the state to prohibit separated parents from compromising on child custody even if the child is of tender age. On the contrary, voluntary custody agreements are generally favored as it can only work for the best interest of the child.

It is not logical to say that the Court would be subverting the legislative policy of avoiding a tragedy where a mother has seen her baby torn away from her if separated parents are allowed to enter into a joint custody agreement. It can hardly be said that a child is being torn away from the mother, if the mother sees the wisdom and benefit of sharing custody of the child with the father. The voluntary nature of the agreement negates any deep sorrow or sense of deprivation that the mother may experience on account of her separation from the child."

In today's digital age, people find online business transactions convenient and hassle-free as order can be placed in a few clicks. While mouse potatoes reap the benefits of online transactions, drug pushers are also taking advantage of the proliferation of technology. On July 17, Bonn Antiquera and his girlfriend Odessa Caneda were nabbed for selling marijuana through online transaction. The couple used social media to transact with prospective customers.  According to Darroca, they get their supply from Cebu City and shipped through a roll-on roll-off vessel. An estimated value of P162,000 or ten kilos of marijuana were recovered inside the couple's vehicle. Due to the decreasing supply of shabu (methamphetamine hydrochloride), some drug dealers have resorted to selling marijuana.The couple violated RA No. 9165 or the Dangerous Drugs Act of 2002.

"Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.- .The penalty of life imprisonment to death and a ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall import or bring into the Philippines any dangerous drug, regardless of the quantity and purity involved, including any and all species of opium poppy or any part thereof or substances derived therefrom even for floral, decorative and culinary purposes.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall import any controlled precursor and essential chemical.

The maximum penalty provided for under this Section shall be imposed upon any person, who, unless authorized under this Act, shall import or bring into the Philippines any dangerous drug and/or controlled precursor and essential chemical through the use of a diplomatic passport, diplomatic facilities or any other means involving his/her official status intended to facilitate the unlawful entry of the same. In addition, the diplomatic passport shall be confiscated and canceled.

The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator of the provisions under this Section.

Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any controlled precursor and essential chemical, or shall act as a broker in such transactions.

If the sale, trading, administration, dispensation, delivery, distribution or transportation of any dangerous drug and/or controlled precursor and essential chemical transpires within one hundred (100) meters from the school, the maximum penalty shall be imposed in every case.

For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and messengers, or in any other capacity directly connected to the dangerous drugs and/or controlled precursors and essential chemical trade, the maximum penalty shall be imposed in every case.

If the victim of the offense is a minor or a mentally incapacitated individual, or should a dangerous drug and/or a controlled precursor and essential chemical involved in any offense herein provided be the proximate cause of death of a victim thereof, the maximum penalty provided for under this Section shall be imposed.

The maximum penalty provided for under this Section shall be imposed upon any person who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator of the provisions under this Section."

Have you ever wondered if long separation is a valid reason for nullity of marriage? For instance, the husband left his family to work abroad, but after a few years, decided to stop communicating with his spouse. There is no communication and by no communication means that the spouse does not know where the husband resides. The line of communication became non-existent. Will this be a reason for remarrying someone? There is a common misconception that once a husband is separated from a spouse, it becomes a reason for one to automatically remarry. While not communicating with the spouse for so many years may seem like another case of abandonment, remarrying someone is not that simple. For an individual to remarry, petition for annulment must be filed.

Art. 35. The following marriages shall be void from the beginning:

    "(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;

    (2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;

    (3) Those solemnized without license, except those covered the preceding Chapter;

    (4) Those bigamous or polygamous marriages not failing under Article 41;

    (5) Those contracted through mistake of one contracting party as to the identity of the other; and

    (6) Those subsequent marriages that are void under Article 53.


Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. (As amended by Executive Order 227)

Art. 37. Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate:

    (1) Between ascendants and descendants of any degree; and

    (2) Between brothers and sisters, whether of the full or half blood. (81a)


Art. 38. The following marriages shall be void from the beginning for reasons of public policy:

    (1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;

    (2) Between step-parents and step-children;

    (3) Between parents-in-law and children-in-law;

    (4) Between the adopting parent and the adopted child;

    (5) Between the surviving spouse of the adopting parent and the adopted child;

    (6) Between the surviving spouse of the adopted child and the adopter;

    (7) Between an adopted child and a legitimate child of the adopter;

    (8) Between adopted children of the same adopter; and

    (9) Between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse. (82)


Art. 39. The action or defense for the declaration of absolute nullity of a marriage shall not prescribe. (As amended by Executive Order 227 and Republic Act No. 8533; The phrase "However, in case of marriage celebrated before the effectivity of this Code and falling under Article 36, such action or defense shall prescribe in ten years after this Code shall taken effect"has been deleted by Republic Act No. 8533 [Approved February 23, 1998]).

Art. 40. The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void. (n)

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. (83a)

Art. 42. The subsequent marriage referred to in the preceding Article shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse, unless there is a judgment annulling the previous marriage or declaring it void ab initio.

A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the parties to the subsequent marriage at the instance of any interested person, with due notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is disputed. (n)

Art. 43. The termination of the subsequent marriage referred to in the preceding Article shall produce the following effects:

    (1) The children of the subsequent marriage conceived prior to its termination shall be considered legitimate;

    (2) The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or, if there are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent spouse;

    (3) Donations by reason of marriage shall remain valid, except that if the donee contracted the marriage in bad faith, such donations made to said donee are revoked by operation of law;

    (4) The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable; and

    (5) The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession. (n)


Art. 44. If both spouses of the subsequent marriage acted in bad faith, said marriage shall be void ab initio and all donations by reason of marriage and testamentary dispositions made by one in favor of the other are revoked by operation of law. (n)

Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:

    (1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;

    (2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;

    (3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;

    (4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;

    (5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or

    (6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. (85a)


Art. 46. Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article:

    (1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;

    (2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;

    (3) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or

    (4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.

No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage."

The Philippines is full of potentials and promises that continue to attract locals and tourists alike. You need not go to far places just to have a relaxing break as the country's sights, sounds and tastes will surely captivate you. Some tourists who used to consider the country as a holiday destination, have now considered it as a perfect base for retirement. Unfortunately, the beauty of the Philippines has been marred by terrorism. The Philippines has been infested by Abu Sayyaf, the most violent jihadist group in the country. They have committed numerous crimes against security and the most recent was the capture of Malaysian and Indonesian workers, a Filipina and Western tourists, two of whom have already been beheaded when the Canadian government refused to pay the ransom the group demanded. The government has zero tolerance on this barbaric act hence, working hard to put an end to terrorism in the country. The Human Security Act of 2007 aims to protect people's lives, liberty and property against any act of terrorism.

REPUBLIC ACT NO. 9372

"AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM

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

SECTION 1. Short Title. This Act shall henceforth be known as the Human Security Act of 2007.

SEC. 2. Declaration of Policy. It is declared a policy of the State to protect life, liberty, and property from acts of terrorism, to condemn terrorism as inimical and dangerous to the national security of the country and to the welfare of the people, and to make terrorism a crime against the Filipino people, against humanity, and against the law of nations.

In the implementation of the policy stated above, the State shall uphold the basic rights and fundamental liberties of the people as enshrined in the constitution.

The State recognizes that the fight against terrorism requires a comprehensive approach, comprising political, economic, diplomatic, military, and legal means duly taking into account the root causes of terrorism without acknowledging these as justifications for terrorist and/or criminal activities. Such measures shall include conflict management and post-conflict peace-building, addressing the roots of conflict by building state capacity and promoting equitable economic development.

Nothing in this Act shall be interpreted as a curtailment, restriction or diminution of constitutionally recognized powers of the executive branch of the government. It is to be understood, however, that the exercise of the constitutionally recognized powers of the executive department of the government shall not prejudice respect for human rights which shall be absolute and protected at all times.

SEC. 3. Terrorism. Any person who commits an act punishable under any of the following provisions of the Revised Penal Code:

1. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);
2. Article 134 (Rebellion or Insurrection);
3. Article 134-a (Coup d Etat), including acts committed by private persons;
4. Article 248 (Murder);
5. Article 267 (Kidnapping and Serious Illegal Detention);
6. Article 324 (Crimes Involving Destruction,

or under

1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-piracy and Anti-highway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)

thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.

SEC. 4. Conspiracy to Commit Terrorism. Persons who conspire to commit the crime of terrorism shall suffer the penalty of forty (40) years of imprisonment.

There is conspiracy when two or more persons come to an agreement concerning the commission of the crime of terrorism as defined in Section 3 hereof and decide to commit the same."

There are five places you can go to if you want to verify the authenticity of property titles.

1. Registry of Deeds

Your local Registry of Deeds is the place for verifying the authenticity of your property title. While you may have the option to check the records from the Registry of Deeds' official website, it is important that you personally visit the office of the locality where your property is located as a way of doing the initial verification.

2. Municipal or City Assessor's & Treasurer's Offices

If you want to find the property's accurate technical description, the Assessor's office will be able to help you with it. This is also the place where you can request for vicinity map of the subject property for DAR clearance or BIR clearance. When it comes to checking the property's record for arrears, tax payments and delinquencies, the Treasurer's offices will be the place you should go to.

3. Land Registration Authority (LRA)

LRA is responsible for issuing certificates of title, decrees of registration and register documents, patents and awards. In fact, this agency of the government is the repository of all titles in the Philippines. You can also trace the property's history in this agency.

4. Housing and Land Use Regulatory Board (HLURB)

HLURB is a place where you seek submit complaints or seek consultation for subdivision or condominium developments. So, before you decide on selling or advertising your property, make sure you secure approvals and permits from HLURB. Aside from granting permits and approvals, HLURB is also responsible for dealing with the following matters:

-Revise or update guidelines, rules and standards on real estate and housing;
-Registration and licenses of condominium and subdivision projects, memorial parks, farm lots and columbaria, including the issuance of licenses when developers sell properties;
-Supervises and registers Home Owners' Association activities;
-Serves as adjudication body of disputes between developers and buyers, appeals from decisions of local zoning bodies, intra (inter) homeowners associations conflicts;
-Requires the mandatory registration of real estate brokers, dealers and salesmen engaged in selling developments under the jurisdiction of HLURB.
-Evaluates and approve Master Deed and Declaration of Restrictions of condominium projects and any amendments.

5. Department of Environment and Natural Resources (DENR), Bases conversion and development authority (BCDA), National Housing Authority (NHA)

These government agencies are responsible for the issuance of special awards or grants to the qualified beneficiaries. DENR approves or disapproves the application of public land patents such as homestead, sales patent and free patent.

BCDA transforms former military bases into more productive civilian use such as the Pamayanang Diego Silang Condominiums.

NHA is also an agency owned by the government, which is known for spearheading housing programs for the lowest 30% of the urban population.

In the Family Code Property Relations or also referred to as Property Regimes are divided into four types:

1. Complete Separation of Property
2. Property Regime of Unions Without Marriage
3. Conjugal Partnership of Gains
4. System of Absolute Community

While these four types of property relation may not apply to you, it will play a significant role once you get married. The property relations have to do with the law that applies to properties and other valuable things you accumulate over time. This includes your cars, jewelries and real estate. There are some details about property relation that you need to know whether you are the legal wife of the other woman or man.

The Family Code of the Philippines took effect on August 3, 1988. Since that day, the Absolute Community of Property will govern married couples. However, this property regime will only apply if they do not agree on another regime before getting married. The agreement before the weeding is referred to as the Marriage Settlements. Before August 3, 1988, the couples who got married without preparing marriage settlements beforehand, are covered by the Conjugal Partnership of Gains regime.

If the husband and wife agreed to Complete Separation of Property in their marriage settlements executed before the wedding, this Property Regime cannot be executed after the wedding.

On the other hand, the Property Regime of Unions Without Marriage is executed to two kinds of unmarried couples living together:

1. Those who are not legally married because of some legal impediment or incapacity of either or both of them, and

2. Those who are legally capable of marriage.

While both of these property relations are governed by the same property regime, each of them has different rules. Under the general law, a man is only allowed to marry one woman. If the man is already married to one and the marriage is still in effect, the other woman cannot be married. However, just because the other woman cannot be legally married does not necessarily mean that they do not have any right on the properties that they have accumulated together. According to the law, there are legal rights of the other woman that need to be taken into consideration.

Complete Separation of Property

This means each one of the spouses owns owns his or her exclusive properties, from both present and future property, including the ones they already own prior to getting married. If couples choose this property relation or regime, the means for supporting their family is through the use of common fund. The contribution of each part will depend on their income capacity.

Property Regime of Unions Without Marriage

It applies to couples who are capable of getting married but due to some reason did not get married because the property relations resemble that in CPG. This means their possessions prior to their marriage remain theirs, but the properties they produce or acquire during their marriage will be shared equally by both couples.

Conjugal Partnership of Gains

Conjugal Partnership of Gains (CPG) is similar to Absolute Community of Property except that there is a difference in how the properties are acquired by each party prior to getting married. The properties produced during the marriage will go to the common fund or the Conjugal Property where both spouses have equal rights.

Absolute Community of Property

This property regime pools the property of the husband and the wife together into one common fund. This will include the properties owned prior to the marriage. Both parties also have equal rights to the common fund. When married couples decide to go separate says or dissolve their marriage, the property should be equally divided.

Marriage changes everything including the property relationship. Here are the basic rules on the effect of marriage to property relationship:

-the spouse cannot sell, donate, lease, mortgage or exchnage properties to each other;
-in the case of pre-nuptial agreement where the spouses' properties are separated, either spouse is not allowed to donate more than one-fifth of this or her property to the other spouse;
-when a property is donated, given or inherited via gratuitous act to either spouse within their marriage, the receiving spouse reserves the right to own the property exclusively.
-if there was a pre-nuptial agreement, the terms and conditions within that pre-nuptial agreement shall apply;
-special cases such as local customs and traditions, may also be applied.

Conjugal Property

-when property is acquire before the husband got married, the property shall be exclusively his;
-when property is acquired before the wife got married, the property will be exclusively hers;
-marriage joins exclusive properties as part of one estate within the conjugal property and the fruits of those properties shall be shared between the husband and wife for the duration of their marriage;
-in the event the husband and wife file for divorce, annulment or legal separation, the husband's exclusive property, acquired before the marriage and all its fruits shall not be included in the conjugal property and will be exclusively owned by him; the same theory applies to the exclusive property of the wife;
-when the spouses filed for separation of properties in court, the properties that the husband and the wife acquired during their marriage will be considered part of their conjugal property and this will be split in half between the wife and the husband.

Absolute Community Of Property

-when all properties are acquired by the spouses before their marriage and all properties acquired during their marriage, it will be considered as part of one whole estate of the absolute community of property, which is owned by both parties;
-when all properties are inherited, donated or given gratuitously to either of the spouse before their marriage shall be considered as part of the absolute community of property upon marriage, and shall be owned by both parties;
-in the event of divorce, annulment or legal separation, the regime of absolute community of property shall not be affected and will remain owned by both spouses, unless the spouses have filed for judicial separate of properties;
-in case the spouses filed Judicial Separation of Properties, the properties within the Absolute Community of Properties shall be split between the husband and the wife.

It cannot be denied that the settlement of a deceased person's estate can lead to bitter litigations if the relatives cannot see eye to eye. This is why preparing a last will and testament is a good option to prevent conflicts. A last will and testament refers to an act whereby an individual is permitted, following the legal procedures, to control a certain degree the disposition of his/her estate. The will serves as a document whereby the testator disposes of his/her estate or property, which will take effect upon his/her death. The testator refers to the deceased person who created the will. A legatee refers to the person whom the testator gives the personal property through a will while the devisee is the person who is given real property in a will. The person who is entrusted to implement the provisions is referred to as the executor.

Inheritance versus Will

A will differs from inheritance as the latter refers to "all the property, rights and obligations of a person who are not extinguished by his death" according to Civil Code, Art. 776. The will determines the disposition of the inheritance.

A document may be entitled a last will and testament but when it provides that all properties need to be transferred during the testator's lifetime, it is not considered a will because a will takes effect upon the testator's death. A disposition that takes effect before his/her death is referred to as a donation and this should be governed by the formalities of and legal provisions on donations.

Two kinds of wills: Holographic and Notarial

A holographic will refers to a writen document which is dated and signed by the hand of the testator himself while a notarial will is governed by the provisions under Article 805 and 806, Civil Code.

"    Art. 805. Every will, other than a holographic will, must be subscribed at the end thereof by the testator himself or by the testator’s name written by some other person in his presence, and by his express direction, and attested and subscribed by three or more credible witnesses in the presence of the testator and of one another.

    The testator or the person requested by him to write his name and the instrumental witnesses of the will, shall also sign, as aforesaid, each and every page thereof, except the last, on the left margin, and all the pages shall be numbered correlatively in letters placed on the upper part of each page.

    The attestation shall state the number of pages used upon which the will is written, and the fact that the testator signed the will and every page thereof, or caused some other person to write his name, under his express direction, in the presence of the instrumental witnesses, and that the latter witnessed and signed the will and all the pages thereof in the presence of the testator and of one another.

    If the attestation clause is in a language not known to the witnesses, it shall be interpreted to them.

    Art. 806. Every will must be acknowledged before a notary public by the testator and the witnesses. The notary public shall not be required to retain a copy of the will, or file another with the office of the Clerk of Court."

Do you know your legal rights as a buyer? You may not know its importance until you decide on buying a real estate property. There is quite a good number of laws that can protect the homebuyer against unlicensed agents and scammers. Due to the prevalence of scams, more and more buyers are making an effort to equip themselves with knowledge about real estate laws.

Real Estate Agent Insists On A Contract To Sell Instead Of Issuing A Deed Of Sale

More often than not developers issue a Contract to Sell (CTS) when payment has not yet been completed. CTS signifies that the buyer and seller are bound to an exclusive agreement. There are some cases when the buyer can obtain the property's physical possession from the seller and gain full ownership and title once the payment has been completed.

Legal Options For Homebuyers Victimized By Unlicensed Real Estate Agent

These days, buyers gain protection from being duped by unlicensed real estate agents through the Real Estate Service Act. This act requires homebuyers to buy properties from licensed real estate agents only. Licensed real estate agents are registered with the Professional Regulatory Board of Real Estate Service.

In the event you have been victimized by scammers, your only recourse is to file fraud-related charges against the broker or agent. For cases when a buyer dealt with registered agents who did not perform their duties, the buyer can report the incident to the Professional Regulation Commission.

Your Rights As A Buyer

For first-time homebuyers, it is important that you demand the developer the property's title once payment has been completed. You also have the right to receive a reimbursement of the amount you have paid in relation to the agreement including the payment for amortization. A developer cannot forfeit any installment payments in favor of the owner or developer.

Miss Paying Monthly Amortization

In case you miss paying your monthly amortization, your developer should allow you to pay the unpaid amount of installment without additional interest if grace period is one month for every year-worth of installments. It is also your developer's obligation to issue a refund in the event the contract was cancelled.

The buyer has the right to sell the rights or assign the payment to another person if they no longer have the capacity to make a payment to the property. The buyer can aso ask a reinstatement of the contract so the account will be updated within the grace period or before the cancellation of contract takes place. These processes must be done by notarial act.

If you are planning to sell your real estate property in the Philippines, you need to follow the correct procedures to avoid putting yourself into a nightmarish situation. While it does not take rocket science to sell a property, familiarizing yourself with the procedures is a must as there are some legal documents that you need to secure.

1. Sign A Contract of Agreement

The owner or broker will first discuss the terms of the sale, the commission and the fees. It is also necessary to scrutinize the documents to make sure that the land title meets the condition and free from encumbrances, liens and loans.

2. Issue an Authority to Sell

The purpose of the agreement or contract is to bind the broker as the agent of the owner providing the essential information and the amount of commission of the property that will be sold. The contract will also indicate if the owner will bestow upon the exclusive rights of the broker or a non-exclusive authorization to sell the property. The broker will secure the necessary documents before selling the property to ensure that there are no problems concerning the property. The broker will also check if the property is free from encumbrances. An encumbrance means that another person has interest in, right to, or legal liability on the property that either deter the process of transferring the title or diminish the value of the property.

3. Assessment of property by the broker

The broker will check the property as a way of assessing its current market value. It is important for the property to be appraised to determine its actual price. There are several factors that will be taken into account in determining the asset's value such as the area and location of the property.

4. Broker will offer and sell the property

Before a broker can market the property, it is important that the owner agrees on how to market the property. There are also some limitations that should be taken into consideration such as privacy when realising photos or disclosing the location online. Both parties must also decide on how to split the marketing costs such as communication and transportation expenses. Nowadays, the common practice is that the broker shoulders the expenses depend on the amount of the commission.

5. Viewing of the Property

Once the buyers get in touch with the broker or owner, they will proceed with viewing the property. The owner needs to make sure that the property is presentable to add value to the property.

6. Write a Letter of Intent or Offer to Buy

The buyer will also offer a Letter of Intent to the property owner declaring the intention to purchase. More often than not, the Letter of Intent is given at the first stage in documenting a sale of real property.

7. Acceptance of Owner

The owner accepts the Letter of Intent once signed. This indicates acceptance of the terms given by the buyer. Upon acceptance, the seller will be bound to promist not to offer the property to other buyers so long as the buyer does not breach the conditions in the letter.

8. Provide Earnest Money

The earnest money is provided as means of holding the property subject to the buyer's due diligence. It can be forfeited when there is default on the buyer's part. The money can also be used as refundable subject to deductions depending on the agreement that both parties made.

9. Preparation of Legal Documents

The legal documents must be secured in preparation of the transfer of ownership to the buyer.

These documents must be obtained from the Register of Deeds:
•    Certified True Copy of Transfer Certificate of Title ( Land )
•    Certified True Copy of Condominium Certificate of Title ( Unit )
•    Certified True Copy of Condominium ( Parking – if applicable )

The owner or broker must procure these documents from the Assessor's Office:
•    Certified True Copy of Tax Declaration ( Land )
•    Certified True Copy of Tax Declaration ( Improvement / Building )
•    Certified True Copy of Tax Declaration ( Condominium )
•    Certified True Copy of Tax Declaration ( Condominium parking, if applicable )
•    Real Estate Tax Clearance for Current Year
•    Certificate of Non-Improvement if property is bare and without structures such as a house or a building

The Property Owner should also secure the following documents"
•    Certificate Authorizing Registration from the Bureau of Internal Revenue (BIR)
•    Original Real Estate Tax Receipts – Current Year
•    Lot Plan / Subdivision Plan

A Deed of Absolute sale will be prepared and signed. The seller transfers ownerships of the property to the buyer. The Deed of Absolute Sale should be signed by both parties so it will be considered to be the absolute owner of the property. After which, both parties will proceed with the payment of expenses such as capital gains tax, documentary stamps tax, registration fees and transfer tax. Upon full payment of the purchase price and other expenses, the contact will be signed and ownership will be legally transferred to the buyer. It is important to notarize Deed of Absolute Sale so it will become a public document.

The seller will turn over the original copies of Transfer of Certificate, Condominium Certificate of Title, Tax Declaration, Tax Clearance for both land and improvement, Tax Clearance for condominium unit and parking. The buyer must also obtain a new tax declaration and when the new tax declaration has been released, the former owner's full obligation will be terminated.

Many individuals encounter problems when a property is divided between legal heirs. The most common reason is the lack of basic understanding of the process of extrajudicial settlement of estate. While it cannot be denied that the process of buying and selling of property has been in existence for so long, there are still sellers or buyers who still fall prey to scams because they do not know the process. The process might be as simple as selling the property to the buyer and dealing with legal formalities, but there are processes that can be a bit complicated especially when the property owner passes away. When the transfer of ownership has not been completed, there is a great chance of selling the property to another person later on. An extrajudicial settlement is a simple fix when the property owner dies.

How does extrajudicial settlement of estate work?

The settlement involves drafting a contract, which specifies how a deceased owner's properties will be divided among individuals considered as heirs. The properties indicated in the contract are referred to as estate. It is called extrajudicial or out of court settlement because the heirs no longer go to trial to divide the properties, which the deceased property owner left.

The requirement for the process

1. Absolute absence of a will;
2. Proof that the decendent's estate has no existing debts;
3. A legal representative or judicial for heirs who are minors;
4. Affidavit of self adjudication;
5. Deed of extrajudicial settlement of estate and adjudication of estate
6. A bond from a reputable company.

"Summary Settlement of Estate

Section 1.    Extrajudicial settlement by agreement between heirs. — If the decedent left no will and no debts and the heirs are all of age, or the minors are represented by their judicial or legal representatives duly authorized for the purpose, the parties may without securing letters of administration, divide the estate among themselves as they see fit by means of a public instrument filed in the office of the register of deeds, and should they disagree, they may do so in an ordinary action of partition. If there is only one heir, he may adjudicate to himself the entire estate by means of an affidavit filled in the office of the register of deeds. The parties to an extrajudicial settlement, whether by public instrument or by stipulation in a pending action for partition, or the sole heir who adjudicates the entire estate to himself by means of an affidavit shall file, simultaneously with and as a condition precedent to the filing of the public instrument, or stipulation in the action for partition, or of the affidavit in the office of the register of deeds, a bond with the said register of deeds, in an amount equivalent to the value of the personal property involved as certified to under oath by the parties concerned and conditioned upon the payment of any just claim that may be filed under section 4 of this rule. It shall be presumed that the decedent left no debts if no creditor files a petition for letters of administration within two (2) years after the death of the decedent.

The fact of the extrajudicial settlement or administration shall be published in a newspaper of general circulation in the manner provided in the nest succeeding section; but no extrajudicial settlement shall be binding upon any person who has not participated therein or had no notice thereof.

Section 2.    Summary settlement of estate of small value. — Whenever the gross value of the estate of a deceased person, whether he died testate or intestate, does not exceed ten thousand pesos, and that fact is made to appear to the Court of First Instance having jurisdiction of the estate by the petition of an interested person and upon hearing, which shall be held not less than one (1) month nor more than three (3) months from the date of the last publication of a notice which shall be published once a week for three (3) consecutive weeks in a newspaper of general circulation in the province, and after such other notice to interest persons as the court may direct, the court may proceed summarily, without the appointment of an executor or administrator, and without delay, to grant, if proper, allowance of the will, if any there be, to determine who are the persons legally entitled to participate in the estate, and to apportion and divide it among them after the payment of such debts of the estate as the court shall then find to be due; and such persons, in their own right, if they are of lawful age and legal capacity, or by their

guardians or trustees legally appointed and qualified, if otherwise, shall thereupon be entitled to receive and enter into the possession of the portions of the estate so awarded to them respectively. The court shall make such order as may be just respecting the costs of the proceedings, and all orders and judgments made or rendered in the course thereof shall be recorded in the office of the clerk, and the order of partition or award, if it involves real estate, shall be recorded in the proper register's office.

Section 3.    Bond to be filed by distributees. — The court, before allowing a partition in accordance with the provisions of the preceding section, my require the distributees, if property other than real is to be distributed, to file a bond in an amount to be fixed by court, conditioned for the payment of any just claim which may be filed under the next succeeding section.

Section 4.    Liability of distributees and estate. — If it shall appear at any time within two (2) years after the settlement and distribution of an estate in accordance with the provisions of either of the first two sections of this rule, that an heir or other person has been unduly deprived of his lawful participation in the estate, such heir or such other person may compel the settlement of the estate in the courts in the manner hereinafter provided for the purpose of satisfying such lawful participation. And if within the same time of two (2) years, it shall appear that there are debts outstanding against the estate which have not been paid, or that an heir or other person has been unduly deprived of his lawful participation payable in money, the court having jurisdiction of the estate may, by order for that purpose, after hearing, settle the amount of such debts or lawful participation and order how much and in what manner each distributee shall contribute in the payment thereof, and may issue execution, if circumstances require, against the bond provided in the preceding section or against the real estate belonging to the deceased, or both. Such bond and such real estate shall remain charged with a liability to creditors, heirs, or other persons for the full period of two (2) years after such distribution, notwithstanding any transfers of real estate that may have been made.

Section 5.    Period for claim of minor or incapacitated person. — If on the date of the expiration of the period of two (2) years prescribed in the preceding section the person authorized to file a claim is a minor or mentally incapacitated, or is in prison or outside the Philippines, he may present his claim within one (1) year after such disability is removed."

When it comes to legal matters, the cost involved in the legal processes such as filing a petition, securing the certified copies of any record, filing a motion etc., is indeed worth knowing. Aside from seeking legal advice, individuals who want to pursue a case are also curious about the cost that the legal process may entail. Here's a rundown of the legal fees based on Rule 141 of the Rules of Court:

Legal Fees

"SEC. 4. Clerks of the Court of Appeals and of the Supreme Court.-

............ (a) For filing an action, proceeding, appeal by notice or record on appeal when required, entering appearance of the parties, entering orders of the court, filing and docketing all motions, docketing of case on all proper dockets, and indexing the same, entering, recording and certification of judgment and remanding of records to the lower court, taxing they costs, administering all necessary oaths or affirmations in the action or proceeding, recording the opinion of the court, and issuing all necessary process in the action or proceeding not herein otherwise provided for, each action or special proceeding, five hundred (P500.00) pesos;

............ (b) For the performance of marriage ceremony, including issuance of certificate of marriage, three hundred (P300.00) pesos;

............ (c) For furnishing transcripts of the record or copies of any record, judgment, or entry of which any person is entitled to demand and receive a copy, for each page, four (P4.00) pesos;

............ (d) For each certificate not on process, thirty (P30.00) pesos;

............ (e) For every search for anything above a year's standing and reading the same, fifteen (P15.00) pesos;

............ (f) For a commission on all money coming into his hands by these rules or order of the court and caring for the same, two and one-half (2.5%) percent on all sums not exceeding four thousand (P4,000.00) pesos and one and one-half (1.5%) percent upon all sums in excess of four thousand (P4,000.00) pesos, and one (1%) per cent on all sums in excess of forty thousand (P40,000.00) pesos. (4a)

............SEC. 5. Fees to be paid by the advancing party. -- The fees of the clerk of the Court of Appeals or of the Supreme Court shall be paid him at the time of the entry of the action or proceeding in the court by the party who enters the same by appeal, or otherwise, and the clerk shall in all cases give a receipt for the same and shall enter the amount received upon his book, specifying the date when received, person from whom received, name of action in which received, and amount received. If the fees are not paid, the court may refuse to proceed with the action until they are paid and may dismiss the appeal or the action or proceeding. (3a)

............SEC.6. Fees of bar candidates.-

............ (a)............For filing the application for admission to the bar, whether admitted to the examination or not, one thousand and seven hundred fifty (P1,750.00) pesos for new applicants, and for repeaters, plus the additional amount of two hundred (P200.00) pesos multiplied by the number of times the applicant has failed in the bar examinations;

............ (b)......For admission to the bar, including oath taking, signing of the roll of attorneys, the issuance of diploma of admission to the Philippine Bar, one thousand and seven hundred fifty (P1,750.00) pesos;

............ (c)............Other Bar Fees.- For the issuance of:

1. ......Certification of admission to the Philippine Bar
   
P50.00

2. ......Certificate of good standing (local)
   
50.00

3. ......Certificate of good standing (foreign)
   
100.00

4. ......Verification of membership in the bar
   
50.00

5. ......Certificate of grades in the bar examinations
   
50.00

6. ......Other certification of records at the Bar Office, per page
   
15.00

7. ......A duplicate diploma of admission to the Philippine Bar
   
500.00

............For services in connection with the return of examination notebooks to examinees, a fee of thirty (P30.00) pesos shall also be charged. (6a)

............SEC.7. Clerks of Regional Trial Courts.-

............ (a) For filing an action or a permissive counterclaim or money claim against an estate not based on judgment, or for filing with leave of court a third-party, fourth-party, etc. complaint, or a complaint in intervention, and for all clerical services in the same, if the total sum claimed, exclusive of interest, or the stated value of the property in litigation, is:

1.......Less than P100,000.00
   
P 500.00

2.......P100,000.00 or more but less than P150,000.00
   
...800.00

3.......P150,000.00 or more but less than P200,000.00
   
1,000.00

4.......P200,000.00 or more but less than P250,000.00
   

1,500.00

5.......P250,000.00 or more but less than P300,000.00
   

1,750.00

6.......P300,000.00 or more but less than P350,000.00
   
2,000.00

7.......P350,000.00 or more but not more than P400,000.00
   
2,250.00

8.......For each P1,000.00 in.excess of P400,000.00
   
....10.00

............ (b) For filing:

1. ......Actions where the value of the subject matter cannot be estimated
   
..P600.00

2. ......Special civil actions except judicial foreclosure of mortgage which shall be governed by paragraph (a) above
   
....600.00

3. ......All other actions not involving property
   
600.00

............In a real action, the assessed value of the property, or if there is none, the estimated value thereof shall be alleged by the claimant and shall be the basis in computing the fees.

............ (c) For filing requests for extrajudicial foreclosure of real estate or chattel mortgage, if the amount of the indebtedness, or the mortgagee's claim is:

1. ......Less than P50,000.00
   
.....P275.00

2. ......P50,000.00 or more but less than P100,000.00
   
..400.00

3. ......P100,000.00 or more but less than P150,000.00
   
..500.00

4. ......P150,000.00 or more but less than P200,000.00
   
...650.00

5. ......P200,000.00 or more but less than P250,000.00
   
1,000.00

6. ......P250,000.00 or more but less than P300,000.00
   
1,250.00

7. ......P300,000.00 or more but less than P400,000.00
   
1,500.00

8. ......P400,000.00 or more but less than P500,000.00
   
1,750.00

9. ......P500,000.00 or more but not more than P1,000,000.00
   
....2,000.00

10. ......For each P1,000.00 in excess of P1,000,000.00
   
10.00

............ (d) For initiating proceedings for the allowance of wills, granting letters of administration, appointment of guardians, trustees, and other special proceedings, the fees payable shall be collected in accordance with the value of the property involved in the proceedings, which must be stated in the application or petition, as follows:

1. ......More than P100,000.00 but less than P150,000.00
   
P2,000.00

2. ......P150,000.00 or more but less than P200,000.00
   
2,250.00

3. ......P200,000.00 or more but less than P250,000.00
   
2,500.00

4. ......P250,000.00 or more but less than P300,000.00
   
2,750.00

5. ......P300,000.00 or more but less than P350,000.00
   
3,000.00

6. ......P350,000.00 or more but not more than P400,000.00
   
............3,250.00

7. ......For each P1,000.00 in excess of P400,000.00
   
10.00

............If the value of the estate as definitely appraised by the court is more than the value declared in the application, the difference of fee shall be paid: provided that a certificate from the clerk of court that the proper fees have been paid shall be required prior to the closure of the proceedings.

............ (e) For filing petitions for naturalization or other modes of acquisition of citizenship, two thousand (P2,000.00) pesos;

............ (f) For filing petitions for adoption, support, annulment of marriage, legal separation and other actions or proceedings under the Family Code, two hundred (P200.00) pesos;

............If the proceedings involve separation of property, an additional fee corresponding to the value of the property involved shall be collected, computed in accordance with the rates for special proceedings.

............ (g) For all other special proceedings not concerning property, two hundred (P200.00) pesos;

............ (h) For the performance of marriage ceremony including issuance of certificate of marriage, three hundred (P300.00) pesos;

............ (i) For filing an application for commission as notary public, five hundred (P500.00) pesos;

............ (j) For certified copies of any paper, record, decree, judgment or entry thereof for each page, four (P4.00) and fifteen (P15.00) pesos for certification;

............ (k) For a commission on all money coming into the clerks' hands by law, rule, order or writ of court and caring for the same, one and one-half (1.5 %) per centum on all sums not exceeding forty thousand (P40,000.00) pesos, and one (1%) per centum on all sums in excess of forty thousand (P40,000) pesos.

............ (l) For any other services as clerk not provided in this section, one hundred and fifty (P150.00) pesos shall be collected. (7a)"

You might have already suspected your wife having an extra-marital affair but without meeting the elements of adultery and not presenting any tangible evidence will render accusations useless. As defined under Article 333 of the Revised Penal Code, “Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man, who has carnal knowledge of her knowing her to be married, even is the marriage be subsequently declared void.”

The Elements of Adultery

1. The woman is married;
2. The woman had sexual intercourse with a man not her husband;
3. The man she had sexual intercourse is aware that she is married.

The Crime of Adultery Can Be Filed If:

1. The married woman engages in sexual intercourse with a man not her husband;
2. The man is aware of the marriage of the woman, but still engages in sexual intercourse with her.

The offended spouse should be the one to file a case of adultery against the offending spouse. Unlike the criminal offenses of rape acts of lasciviousness, seduction and abduction, no one else can file a case of adultery on behalf of the offended spouse.

In adultery, proof of sexual intercourse is enough to file a case against the wife and her lover. If proven guilty, the woman may face imprisonment from 2 years, 4 months and 1 day to 6 years. However, if the crime was committed due to the abandonment by the offended spouse, the offending parties will face imprisonment from 6 months and 1 day to 2 years and 4 months. If the husband chooses to pardon his wife, the offending party will be absolved of the crime of adultery and the offended party can no longer charge her.

To grant pardon to the offending party, the pardon should come before the institution of the criminal prosecution and both offenders must be pardoned and not just the wife.

" Art. 333. Who are guilty of adultery. — Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void.

Adultery shall be punished by prision correccional in its medium and maximum periods.

If the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed."

Problems often arise when the spouse dies without a will. There is indeed some confusion if you do not know anything about the inheritance law. Under Article 996 of the New Civil Code of the Philippines, only you and your children are entitled to inherit and not the spouse's siblings, parents, or grandparents. The information you need to know including the succession of inheritance can be found in Chapter 3 of Republic Act No. 386.

Legal or Intestate Succession

"Subsection 1. - Descending Direct Line

Art. 978. Succession pertains, in the first place, to the descending direct line. (930)

Art. 979. Legitimate children and their descendants succeed the parents and other ascendants, without distinction as to sex or age, and even if they should come from different marriages.

An adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child. (931a)

Art. 980. The children of the deceased shall always inherit from him in their own right, dividing the inheritance in equal shares. (932)

Art. 981. Should children of the deceased and descendants of other children who are dead, survive, the former shall inherit in their own right, and the latter by right of representation. (934a)

Art. 982. The grandchildren and other descendants shall inherit by right of representation, and if any one of them should have died, leaving several heirs, the portion pertaining to him shall be divided among the latter in equal portions. (933)

Art. 983. If illegitimate children survive with legitimate children, the shares of the former shall be in the proportions prescribed by Article 895. (n)

Art. 984. In case of the death of an adopted child, leaving no children or descendants, his parents and relatives by consanguinity and not by adoption, shall be his legal heirs. (n)

Subsection 2. - Ascending Direct Line

Art. 985. In default of legitimate children and descendants of the deceased, his parents and ascendants shall inherit from him, to the exclusion of collateral relatives. (935a)

Art. 986. The father and mother, if living, shall inherit in equal shares.

Should one only of them survive, he or she shall succeed to the entire estate of the child. (936)

Art. 987. In default of the father and mother, the ascendants nearest in degree shall inherit.

Should there be more than one of equal degree belonging to the same line they shall divide the inheritance per capita; should they be of different lines but of equal degree, one-half shall go to the paternal and the other half to the maternal ascendants. In each line the division shall be made per capita. (937)

Subsection 3. - Illegitimate Children

Art. 988. In the absence of legitimate descendants or ascendants, the illegitimate children shall succeed to the entire estate of the deceased. (939a)

Art. 989. If, together with illegitimate children, there should survive descendants of another illegitimate child who is dead, the former shall succeed in their own right and the latter by right of representation. (940a)

Art. 990. The hereditary rights granted by the two preceding articles to illegitimate children shall be transmitted upon their death to their descendants, who shall inherit by right of representation from their deceased grandparent. (941a)

Art. 991. If legitimate ascendants are left, the illegitimate children shall divide the inheritance with them, taking one-half of the estate, whatever be the number of the ascendants or of the illegitimate children. (942-841a)

Art. 992. An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child. (943a)

Art. 993. If an illegitimate child should die without issue, either legitimate or illegitimate, his father or mother shall succeed to his entire estate; and if the child's filiation is duly proved as to both parents, who are both living, they shall inherit from him share and share alike. (944)

Art. 994. In default of the father or mother, an illegitimate child shall be succeeded by his or her surviving spouse who shall be entitled to the entire estate.

If the widow or widower should survive with brothers and sisters, nephews and nieces, she or he shall inherit one-half of the estate, and the latter the other half. (945a)"

An individual commits a crime of forgery if the signature in the negotiable instrument is forged without the consent of the authorized person. Many people have fallen victim to fraudulent transactions despite precautionary measures. Although most people rely heavily on a person’s ability to produce trustworthy documents, individuals, businesses and even political entities are still not spared from the crime of forgery.

Forgery is committed when:

•    a person signs in another’s name with the intent to defraud;
•    a person alters the name, amount or payee’s name with intent to defraud.

Although a crime of forgery is committed, only the forged signature is considered invalid. The instrument and the genuine signatures are still deemed valid. When it comes to payment under a forged instrument, the person whose signature is forged will not be held liable for the fraudulent transaction except for those who are negligent or those who impliedly ratified the forgery. An example of negligent would be leaving your checkbook with an executive assistant. While the assistant have forged your signature, the mere fact that there was neglect on your part will still make you liable if transactions are made through your forged signature.

“Art. 169. How forgery is committed. — The forgery referred to in this section may be committed by any of the following means:

1. By giving to a treasury or bank note or any instrument, payable to bearer or order mentioned therein, the appearance of a true genuine document.
2. By erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs contained therein.

Section Four. — Falsification of legislative, public, commercial, and privatedocuments, and wireless, telegraph, and telephone message.

Art. 170. Falsification of legislative documents. — The penalty of prision correccional in its maximum period and a fine not exceeding P6,000 pesos shall be imposed upon any person who, without proper authority therefor alters any bill, resolution, or ordinance enacted or approved or pending approval by either House of the Legislature or any provincial board or municipal council.

Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister. — The penalty of prision mayor and a fine not to exceed P5,000 pesos shall be imposed upon any public officer, employee, or notary who, taking advantage of his official position, shall falsify a document by committing any of the following acts:

1. Counterfeiting or imitating any handwriting, signature or rubric;
2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate;
3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them;
4. Making untruthful statements in a narration of facts;
5. Altering true dates;
6. Making any alteration or intercalation in a genuine document which changes its meaning;
7. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a copy a statement contrary to, or different from, that of the genuine original; or
8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book.

The same penalty shall be imposed upon any ecclesiastical minister who shall commit any of the offenses enumerated in the preceding paragraphs of this article, with respect to any record or document of such character that its falsification may affect the civil status of persons. “

One question that surely lingers in one's mind when talking about illegitimate children is the use of the father's surname even when parents are not married. The good news is, the mother of the child need not be married to the father for the child to bear the father's surname. However, the child will only be allowed to use it if the child's paternity has been recognised.

Here are the requirements you need to prepare:

1. Valid identification for both parents;
2. Affidavit to Use the Surname of the Father (AUSF);
3. Certified True Copy of the Certificate of Live Birth of the child;
4. Affidavit of Admission of Paternity or the Affidavit of Acknowledgment

Additional details of the process are outlined in Republic Act No. 9255

"Rule 3.   Who may file

Under these rules, the father, mother, child if of age, or the guardian, may file the public document or Affidavit to Use the Surname of the Father (AUSF) in order for the child to use the surname of the father.
 
Rule 4.   Where to file
 
4.1.     The public document or AUSF executed within the Philippines shall be filed at the Local Civil Registry Office (LCRO) where the child was born, if the birth occurred within the Philippines.
 
4.2.     The public document or AUSF executed outside the Philippines shall be filed at the LCRO of Manila, if the birth occurred within the Philippines.
 
4.3.     The public document or AUSF whether executed within or outside the Philippines shall be filed at the LCRO of Manila, if the birth occurred outside the Philippines.
 
Rule 5.   What to file

The following shall be filed at the LCRO:
 
5.1.     Certificate of Live Birth with accomplished Affidavit of Acknowledgement/ Admission of Paternity at the back
 
5.2.     Public document
 
5.3.     AUSF, including all supporting documents
 
Rule 6.   When to register

The public document not made on the record of birth, or the AUSF shall be registered within twenty (20) days from the date of execution at the place where the birth was registered. Otherwise the procedures of late registration shall be applied.
 
Rule 7.   Requirements for the Child to Use the Surname of the Father
 
7.1        For Births Not Yet Registered
 
      7.1.1   The illegitimate child shall use the surname of the father if a public document is executed
           by the father, either at the back of the Certificate of Live Birth or in a separate document.
 
      7.1.2   If admission of paternity is made through a private handwritten instrument, the child shall
           use the surname of the father, provided the registration is supported by the following
           documents:
 
                 a.   AUSF
                 b.   Consent of the child, if 18 years old and over at the time of the filing of the document
                 c.   Any two of the following documents showing clearly the paternity between the father
                 and the child:
 
                       1)   Employment records
                       2)   SSS/GSIS records
                       3)   Insurance
                       4)   Certification of membership in any organization
                       5)   Statement of Assets and Liabilities
                       6)   Income Tax Return (ITR)
 
7.2        For Births Previously Registered under the Surname of the Mother
 
      7.2.1   If filiation has been expressly recognized by the father, the child shall use the surname
          of the father upon the submission of the accomplished AUSF.
 
      7.2.2   If filiation has not been expressly recognized by the father, the child shall use the
          surname of father upon submission of a public document or a private handwritten
          instrument supported by the documents listed in Rule 7.1.2.
 
7.3        Except in Item 7.2.1, the consent of the illegitimate child is required if he/she has reached the age of majority. The consent may be contained in a separate instrument duly notarized."