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Attorneys of the Philippines Legal News

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

Understanding Child Support In the Philippines

When married couples decide to put an end to the relationship, it is always the children that are caught in the middle. The scenario wherein one party demands for child support can become an endless battle. This is where R.A. 9262 steps in. It is a sad fact that even after the annulment proceedings, both parties just cannot meet halfway let alone having an agreement with child support. However, child support should not be a complicated issue. Child support refers to a policy in which regular payment for the financial support of a child must be made. It is very common among cases of marriage annulment, invalid marriages and children who are born out of relationships which are non-marital.  Although there are some technicalities that make the entire process difficult to understand, just catching a glimpse of the family code will help you gain basic knowledge. 

Based on articles 195 and 196 of the Family Code, the following are required to support each other: 

• The spouses;

• Legitimate ascendants and descendants;

• Parents and their legitimate children and the legitimate and illegitimate children of the latter;

• Parents and their illegitimate children and the legitimate and illegitimate children of the latter;

• Legitimate brothers and sisters, whether of full or half-blood.

On the other hand articles 194, 201 and 202 states that the support must be in proportion to the provider’s resources and the recipient’s necessities. 

When it comes to supporting the recipient’s education, the support covers the training or schooling, and expenses, which include transportation and allowances. The support can be given in two options: either paying a fixed allowance or maintaining the person entitled to receive support in the giver’s dwelling. 

However, if the petition of annulment was successful, you are no longer required to provide support unless there was mutual agreement on both parties regarding rendering support. So long as the hearing for the petition is ongoing and the decisions have not been ruled out yet, the support must be continuous. 

When filing for child support, the first step will be filing the case in the court system. Relevant information must also be provided and necessary documents needs to be secured. Some of the documents that you will be required to submit include a valid photo ID card, proof of address, birth certificate of the child or children, proof of income, payment history and many more. 

The requirements must be completed before any hearing could take place. The court will provide the date of hearing and the non-custodial parent will be informed about it. The information that was provided will be validated and parents are required to answer questions the court may have about parenthood. The process can be lengthy depending on the circumstances and evidence presented. 

What Is Mandatory PhilHealth Coverage Of Senior Citizens?

Senior citizens can now gain greater peace of mind because with the amended law, they are going to be covered by PhilHealth’s national health insurance program effective November 25, 2014. Senior citizens sixty years old and above can take advantage of this coverage. To qualify for this coverage, they need to provide proof of Filipino citizenship and they must be a resident of the country for at least six months. The senior citizen PhilHealth coverage also entitles members to declare dependents. 

What can senior citizens expect from PhilHealth coverage? 

Due to the privilege of senior citizen members to declare dependents, their spouses can also be enrolled as members as well. Members need to keep in mind that Senior Citizen category should not be mistaken or confused for Lifetime Member Category. With Lifetime Member Category, members are not required to pay contributions to become eligible for the benefits. On the other hand, Senior Citizen members need to have premium contributions and these are taken from the Sin Tax Law proceeds. 

Enrolment of senior citizen members is usually done in bulk. The list will be obtained from cities and municipalities. Each office will be required to follow the standard text file as the information will be uploaded to the database. Although individual enrolment is allowed, this is highly discouraged. 

For bulk enrolment, an electronic list of senior citizens must be obtained from the Office of the Senior Citizen Affairs or OSCA. Qualified applicants will be automatically enrolled. For individual enrolment, applicants are advised to go directly to any PhilHealth office. Some of the privileges that senior citizen members can enjoy include free dental and medical services, access to all government medical facilities, which are still subject to guidelines and many more. These are going to be issued by the Department of Health or DOH. With this amendment, senior citizens will heave a sigh of relief knowing that the country’s health insurance has got them covered. 

For individual membership, applicants are required to submit a duly accomplished PhilHealth Registration Form or also referred to as PMRF and proof that the member is indeed a senior citizen. Once the applicant has complied with the membership document requirements, a PhilHealth ID card and MDR will be issued. These will serve as proof of enrolment. 

Senior citizen members will have access to inpatient hospital care, Z-benefits, ambulatory or day services and many other packages. Senior citizens just need to present their card, proof of identification and MDR if they wish to avail of these benefits. 

Why Documenting Oral Advice Is Important?

These days, cases are filed due to the negligence of documenting oral advice and while majority of clients may still give little importance to this, its effect can create a serious damage to the business. This is why it is every business owner’s responsibility to document oral advice especially if it involves information that is beneficial to the company. Lawyers will consider the defense weak if no strong evidence is presented. When documenting oral advice, some key items or essential details must be present. Documentation that lacks essential information can be compared to an undocumented oral advice. The documents’ principal rule: if it’s not there, it did not happen. 

All You Need To Know About Documenting Oral Advice

There are sensitive issues concerning your business that require advice from experts and it does carry weight especially if you are going to use this in defense for any claims. The documentation is more than enough to strengthen any claim and it serves as a way to validate any agreement or discussion that took place. It is also necessary that you include some essential details such as the date of the discussion, the names of participants, the facts that have been provided, and any considerations that the advisor may have given, notice that proves there was no legal advice provided and the items that show recommendations and other additional actions that have to be taken. 

Business operations will also receive unsolicited advice especially regarding the approaches that must be used for the betterment of client operation. While these are considered useful and something that the client can benefit from, it is necessary that the advice must be documented following a specific format. 

The discussion is documented with the use of firm working papers, but this should also include some essential information such as the recommendations and the name of the people involved in the discussion including the a third party if present. These documents need to be written in vivid details because if there are any allegations, the documentation will be instrumental for the resolution. 

Giving oral advice may seem like a very simple way to provide suggestions but it can have a deleterious effect if this is not taken seriously. For matters that can create a huge impact on your business, a document should be kept in mind. Documentation is not just about an issue of trust but a matter of clarifying things especially when you need to use the advice for your future endeavors. It can save you a costly trip to the court as you defend yourself against allegations. 

Why You Should Use an Attorney to Prepare Your Will

There is no substitute for legal advice from an attorney especially when it comes to preparing a will. In fact, a will must not be taken lightly as it is a serious matter. Attempting to write a will on your own is going to be risky and may even result in committing costly mistakes. While you might be vacillating on whether to get an attorney to complete your will or do it yourself, these following reasons might just enlighten you on the importance of an attorney: 

Specific Terms Are Used To Avoid Confusion

Vague terms can wreak havoc on completing your will and you might run the risk of being misinterpreted. The attorney uses a standard language for everyone to understand the content of your will. With the standard language, confusions are prevented and the message is conveyed to your beneficiaries and will executors. 

Error-Free

Homemade wills are less likely to be free of errors because it does not undergo the same scrutiny and examination that it gets when it is done by attorneys. Let’s face it, there are some technicalities involved in completing a will and attorneys are detail-oriented. They know the process of preparing a will, but if you are going to make your own will without seeking help from professionals, you might commit errors that are often difficult to undo. Some of the major errors that you may commit include forgetting to keep your will updated, forgetting to include your sign in the will, adding amendments and many others. 

The Will Is Based On Solid Facts 

Attorneys have undergone extensive training to familiarize themselves with the law’s intricacy. Imagine the time and effort they invested to acquire their title. If you are going to write your own will based on assumptions, there might be some areas that remain unclear to you. There will be questions lingering in your mind and they will remain unanswered unless you decide to get help. Contingencies are covered by an attorney that specializes in will preparation. There will be no confusions and your questions are answered point blank. 

Familiarity With Inheritance Tax and Law

Inheritance law is essential when preparing a will. Since it is governed by Civil Code, everything must be accurate and concise. An attorney can provide the right solutions to various inheritance issues that DIY will preparation may have possibly missed. 

Essentials For Preparing A Will

• It must be properly executed.

The will should include a date and place of signing. There should be witnesses in your presence before signing could take place. 

• The testator must be of legal age.

A testator must be at least eighteen years of age to be considered qualified for preparing a will. 

• The testator must have a sound mind.

It is also important that you are fully aware you are making a will. You should know the names of beneficiaries or descendants. 

• The will must be properly signed.

An unsigned will is considered invalid. With that being said, it is required that you voluntarily sign your will. Alternative provisions will be made if there are some unlikely circumstances that deterred a testator to sign the will such as illness or illiteracy.  

• There must be a clear intention to transfer the property. 

A statement with your intention to transfer the property to specific persons must also be prepared. 

5 Helpful Tips When Setting Up Your Business

It is a brave move for anyone to decide on starting a business and giving up a job routine they have been accustomed to for years. While being your own boss is such a dream come true, there is more to running a business than meets the eye. Before you consider taking that huge leap, arm yourself with knowledge about business principles. Otherwise, you will be doomed to fail.

No one can really predict whether a business is viable or not because it solely depends on how you manage it. If you do not have any business background, you may feel as though a business is a total alien landscape. Everything seems foreign to you and it is like going to a battle unarmed. While establishing a path may seem very challenging, learning the business principles will lead you to the road of success.

Create A Feasibility Study

The most common mistake that people make is investing their hard earned money into a business they are not even familiar with. This is the kind of risk that is the hardest to take because if things don’t go as planned, you have to start from scratch and this means spending vast amounts of money. In a feasibility study, you will cover the following areas: products and services, target market, suppliers, competitions, pricing and marketing techniques. With all these in mind, you are slowly putting things in their proper perspectives. The main purpose of creating a feasibility study is for you to determine the nature of business that suits your skills. You can also learn more about your target audience or potential customers’ needs and wants with feasibility study. If you already have a competition before you start your own business, you have an idea how you can stay ahead of the game.

Formulate A Business Plan

Once you have identified viable products and services, the next step is to create a business plan. If you do not have a strong background in business management, find someone who can help you with drafting the plan. The business plan should include essential information on the nature of your business. Aside from the summary of the product, readers must also obtain details of your product. A business proposal must also be kept in mind and each section must outline the strategies you have developed for your business. Don’t forget to include your competition and budget in your business plan as well. Your projections must be realistic and it should the cost of the product, projected sales and even the financial requirements.

Analyze The Availability Of Cash Flow

A steady cash flow is going to be necessary if you want your business to be smooth-sailing. However, when cash flow becomes unavailable, there are still other financial institutions that will provide you assistance in fulfilling your business needs. You just have to see to it you have a sound financial projection or your objective of making a profit will be defeated. Prepare a financial report so you can keep track of your finances. Hire accounting or bookkeeping professionals for this task so you can keep your budget in check. Major business losses are usually due to financial mismanagement and if you want to increase sales and make your business more profitable, you should always keep a record of your financial activity.

Seek All The Help You Can Get

Some entrepreneurial hopefuls end up bursting their tiny bubble due to the lack of business knowledge. You may have the funding and a viable product to set up a business but do you really have what it takes to increase your chances for success? Investing your money in a business is a game of survival and those who manage to keep up with the competition win. Get expert advice so you will know how you can make your business more profitable.

Secure All The Necessary Permits

As an entrepreneur, it is your obligation to follow business rules which include securing a business permit. There are several steps involved in getting a business permit and you are not allowed to operate your business if these have not been secured. For this process, prepare all the essential documents such as notarized documents, certificate of deposit, clearance, receipts and other requirements you need for your business permit.



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