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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.

Increased Burial Assistance For War Veterans

War veterans fought for the country once upon a time. The government has recognized their efforts by giving them benefits including burial assistance. Prior to amending Republic Act No. 10649, the burial assistance for veterans amounted to P10,000.00. As amended, the assistance is increased to P20,000.00. The amendment is in relation to Republic Act No. 6948, otherwise known as An Act Of Standardizing And Upgrading The Benefits For Military Veterans And Their Dependents. 

Republic Act No. 10649

Section 1. Section 20 of Republic Act No. 6948, as amended, is hereby further amended to read as follows:

“Sec. 20. Burial Assistance. – Unless the person who defrayed the expenses for the funeral of a deceased veteran is entitled to a similar benefit from the United States Government, he or she shall be given Twenty thousand pesos (P20.000.00) as burial assistance upon application therefor in due form which shall be filed within two (2) years from the death of the veteran concerned.”

Republic Act No. 6948

SEC. 3. Eligibility. — A veteran of the Philippine Army or of any recognized or deserving guerrilla organization who took active participation in the resistance movement and/or in the liberation drive against the enemy during World War II, or of the Philippine Expeditionary Forces to Korea, or of the Philippine Civic Action Group or Philippine Contingent in Vietnam, who has never heretofore enjoyed educational benefit under Philippine law nor under United States law, who desires to study; or one (1) child of a veteran in whose favor he renounces such right; or the surviving spouse or a child of a deceased veteran in whose favor the same is applied for by the surviving spouse, or legal guardian; shall, upon certification of the Administrator, be admitted to any school, college, university or institution authorized by the Government, with all school fees, including tuition, matriculation, athletic, library, laboratory, medical, military training, diploma and graduation fees, at the expense of the Government, subject to the rules and conditions promulgated by the Administrator.

PART B. DISABILITY PENSION

SEC. 4. Eligibility. — The disability pension as Provided for in this Act shall apply to any veteran who was in the service of the Philippine Army or guerrilla forces between the eighth of December, Nineteen hundred and forty-one and the third of July, Nineteen hundred and forty-six; of the Armed Forces of the Philippines and the Philippine Constabulary who was in the active service on and after the fourth of July, Nineteen hundred and forty-six; of the Philippine Expeditionary Forces to Korea who was in the service overseas between the fifteenth of September, Nineteen hundred and fifty and the thirty-first of May, Nineteen hundred and fifty-five; and of the Philippine Civil Action Group or Philippine Contingent in Vietnam who was in the service overseas between the thirty-first of August, Nineteen hundred and sixty-four and the twentieth of December, Nineteen hundred and sixty-nine.

SEC. 5. Pension Rates. — A veteran who is disabled owing to sickness, disease, wounds, or injuries sustained in line of duty shall be given monthly pension in accordance with the rates prescribed hereunder, unless he is actually receiving a similar pension for the same disability from other government funds or from the United States Government:

(a) If and while the disability is rated anywhere from ten to thirty per centum (10%-30%), the monthly pension shall be Six hundred pesos (P600.00);

(b) If and while the disability is rated forty per centum (40%), the monthly pension shall be Six hundred seventy-five pesos (P675.00);

(c) If and while the disability is rated fifty per centum (50%), the monthly pension shall be Seven hundred fifty pesos (P750.00);

(d) If and while the disability is rated sixty per centum (60%), the monthly pension shall be Eight hundred twenty-five pesos (P825.00);

(e) If and while the disability is rated seventy per centum (70%), the monthly pension shall be Nine hundred pesos (P900.00);

(f) If and while the disability is rated eighty per centum (80%), the monthly pension shall be Nine hundred seventy-five pesos (P975.00);

(g) If and while the disability is rated ninety per centum (90%), the monthly pension shall be One thousand fifty pesos (P1,050.00); and

(h) If and while the disability is total or rated one hundred per centum (100%), the monthly pension shall be One thousand one hundred twenty-five pesos (P1,125.00) plus One hundred fifty pesos (P150.00) each for the spouse and unmarried minor children.

SEC. 6. Effectivity of Pension. — The date of effectivity of the pension that may be awarded to an applicant will be based on the conditions specified hereunder:

(a) As regards officers and enlisted personnel of the Philippine Army and guerrilla organizations of World War II, on the day the application is received but in no case earlier than the date of the approval of this Act; and

(b) As regards all other veterans:

(1) On the date immediately following the date of discharge if the application was filed within one (1) year after the veteran’s separation from the service; or

(2) On the day the application was received if the application was filed beyond one (1) year after the veteran’s separation from the service.

SEC. 7. Re-evaluation. — Periodic re-evaluation or redetermination of a veteran’s disability, in appropriate cases, shall be the responsibility of the Disability Rating Board of the Philippine Veterans Affairs Office. The AFP Medical Center and the Veterans Memorial Medical Center, upon request by the Board, shall make available the clinical records, disability work sheets and other pertinent papers and documents and shall conduct x-ray, laboratory test, and other examinations on the veteran concerned. Such medical examinations and tests may also be undertaken by any other government hospital nearest the residence of the veteran concerned, upon request by the Board. The Board shall formulate the procedures necessary to carry out its re-evaluation or redetermination activities.

SEC. 8. Exemption. — A disabled veteran shall be exempted from periodic examination and re-rating in the following cases:

(a) When the disability is considered as static;

(b) When the disability is permanent in nature or of such character that there is no likelihood of improvement; or

(c) When the veteran is already fifty-seven (57) years of age or over.

PART C. PENSION FOR VETERANS OF THE

REVOLUTION

SEC. 9. Eligibility. — Any veteran who served in the Philippine Revolution and the Philippine-American War any time during the period between the twenty-third of August, Eighteen hundred and ninety-six, and the sixth of May, Nineteen hundred and two, shall be entitled to a monthly pension of Six hundred pesos (P600.00) plus One hundred fifty pesos (P150.00) each for his spouse and unmarried minor children.

PART D. OLD-AGE PENSION

SEC. 10. Eligibility. — A veteran who is at least sixty-five (65) years old shall be paid an old-age pension of Five hundred pesos (P500.00) monthly unless he is actually receiving a similar pension for the same consideration from other government funds or from the United States Government.

SEC. 11. Entitlement of Surviving Spouse. — The surviving spouse of a veteran who died after having received old-age pension shall be paid a pension of Five hundred pesos (P500.00) monthly until she remarries or dies, and the surviving spouse of a veteran who died without having received old-age pension shall, if she does not remarry, be paid a pension of Five hundred pesos (P500.00) monthly when she reaches the age of sixty-five (65) and until she remarries or dies, unless she is actually receiving a similar pension for the same consideration from other government funds or from the United States Government.

PART E. DEATH PENSION

SEC. 12. Eligibility. — For the death of a veteran in line of duty or at any time after honorable discharge or separation from the service as a result of wounds or injury received or sickness or disease incurred in line of duty or as a consequence of the performance of such duty, and of a political prisoner who died in prison or was killed by the enemy armed forces during World War II, the surviving spouse and unmarried minor children or, in default thereof, the indigent parents, except those who for the same reason are actually receiving a similar pension from other government funds or from the United States Government, may be given a pension of Five hundred pesos (P500.00) a month for the surviving spouse and Two hundred fifty pesos (P250.00) a month for each unmarried minor child until the surviving spouse remarries or dies, and until the minor child dies, marries, or reaches the age of eighteen (18), or Two hundred fifty pesos (P250.00) for each indigent parent, with the right of accretion, until they die: Provided, however, That only fifty per centum (50%) of the rates herein prescribed shall be awarded to the surviving spouse and minor children, or indigent parents of a veteran of the Armed Forces of the Philippines who, in line of duty, died of injury or ailment which was not incurred in war or in a military campaign against aggression, dissidence, rebellion or sedition nor as a direct result of such war or military campaign.

SEC. 13. Pension for the Surviving Spouse of a Veteran of the Revolution. — The surviving spouse of a veteran of the revolution against Spain or the Philippine-American War shall be entitled to a monthly pension of Six hundred pesos (P600.00) until she remarries or dies, the provisions of the next preceding section notwithstanding, unless she is actually receiving a similar pension from other government funds.

SEC. 14. Termination of Right of Death Gratuity and Entitlement to Death Pension in Lieu Thereof . — Without prejudice to the receipt of death gratuity benefits Provided for under the Employees’ Compensation Law, the right to death gratuity granted to the next of kin of military personnel of the Armed Forces of the Philippines who died in line of duty, pursuant to the provisions of Section Six of Republic Act Numbered Five hundred seventy-three and Sections Three and Four of Republic Act Numbered Six hundred ten, as amended, shall cease upon the approval of this Act and, in lieu thereof, they shall be eligible to death pension as Provided in this Act: Provided, however, That where the right to the said gratuity has already accrued prior to the approval of this Act, the next of kin concerned shall have the option to either waive the entitlement thereto or to receive the death pension: Provided, finally, That in the case of a next of kin who has already been paid the aforesaid gratuity, he may apply for death pension herein granted on condition that the death gratuity received shall be refunded from such future payments of death pension in a reasonable monthly amount as may be determined by the Philippine Veterans Affairs Office until the death gratuity is fully refunded.

DOJ Supports Senate Bills Making Hazing A Crime

Fraternities, sororities and other organizations in and out of the campus consider hazing as an initiation rite. Whoever survives becomes a full-fledged member of an organization. Unfortunately, hazing has affected the lives of neophytes and their families due to the numerous cases of death. The bill, if enacted into a law will impose stiffer penalties against all kinds of hazing activities. Fraternities and sororities will also be closely monitored to ensure that this unacceptable initiation rite will be prevented from taking place. The Department of Justice (DOJ) supports House Bill 5760 and shares the same intention of putting a stop of fraternity violence, which is prevalent in the campus.

If this house bill will be enacted into a law, Republic Act No. 8049 or the Anti-Hazing Law will be repealed. The bill will also provide restriction of community-based fraternities and the penal provisions will be more rigid. If the members and officers of the organization have been found guilty of committing a crime of hazing, they will pay a fine of P1 million and serve a sentence of 12 to 20 years in prison.  Members and officers who are under the influence of illegal drugs or alcohol will pay a fine of P2 million. Life imprisonment will also be imposed upon them. There will be greater penalties if the hazing rite resulted in the death, mutilation, rape of any individual. There are several proposals related to the regulation of hazing and other forms of initiation rites. Two of which have been proposed by Senator Tito Sotto and Senator Miriam Defensor-Santiago.

Here’s the summary of the current anti hazing law (R.A. 8049:

“Section 1. Hazing, as used in this Act, is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury. 

The term "organization" shall include any club or the Armed Forces of the Philippines, Philippine National Police, Philippine Military Academy, or officer and cadet corp of the Citizen's Military Training and Citizen's Army Training. The physical, mental and psychological testing and training procedure and practices to determine and enhance the physical, mental and psychological fitness of prospective regular members of the Armed Forces of the Philippines and the Philippine National Police as approved ny the Secretary of National Defense and the National Police Commission duly recommended by the Chief of Staff, Armed Forces of the Philippines and the Director General of the Philippine National Police shall not be considered as hazing for the purposes of this Act. 

Sec. 2. No hazing or initiation rites in any form or manner by a fraternity, sorority or organization shall be allowed without prior written notice to the school authorities or head of organization seven (7) days before the conduct of such initiation. The written notice shall indicate the period of the initiation activities which shall not exceed three (3) days, shall include the names of those to be subjected to such activities, and shall further contain an undertaking that no physical violence be employed by anybody during such initiation rites. 

Sec. 3. The head of the school or organization or their representatives must assign at least two (2) representatives of the school or organization, as the case may be, to be present during the initiation. It is the duty of such representative to see to it that no physical harm of any kind shall be inflicted upon a recruit, neophyte or applicant.”

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

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

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

“Sec. 12-B.    Retirement benefits. —

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

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

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

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

A Proposed Amendment To Put A Lid On Smoke Belching Vehicles

Aside from the worsening traffic condition in Metro Manila, air pollution is another problem that continues to plague city dwellers. In answer to the growing concern on air pollution, a lawmaker proposed House Bill 6298, which will be in conjunction with Section 46 of Republic Act 8749 or better known as the Philippine Clean Air Act of 1999. The current version aims to penalize both operators and drivers of smoke belching vehicles. The proposed amendment shifts its focus to the operators since the drivers are just employees and they do not have access or proper means for vehicle repairs according to Quezon City Rep. Alfredo Vargas lll.

Vargas also emphasizes the role of operators in repairing or replacing parts that can be detrimental to passing the emission standards. The fines range from 2000 to 6000, and an additional one-year suspension of the motor vehicle registration (MVR) once offense has been committed for the third time. In the proposed amendment, the fines will range from 6000 to 10000 and a one-year suspension of MVR. Vargas also cited that one of the biggest factors Metro Manila continues to have poor air quality is the air pollution from the motor vehicles.

Here’s an overview Sec. 46 of the Philippine Clean Air Act:

SEC. 46. Violation of Standards for Motor Vehicles.- No motor vehicle shall be registered with the DOTC unless   it meets the emission standards set by the Department as provided in Sec. 21 hereof.

Any vehicle suspected of violation of emission standards through visual signs, such as, but not limited to   smoke-belching, shall be subjected to an emission test by a duly authorized emission testing center. For this   purpose, the DOTC or its authorized testing center shall establish a roadside inspection system. Should it be   shown that there was no violation of emission standards, the vehicle shall be immediately released. Otherwise, a testing result indicating an exceedance of the emission standards would warrant the continuing custody of   the impounded vehicle unless the appropriate penalties are fully paid, and the license plate is surrendered to the DOTC pending the fulfillment of the undertaking by the owner/operator of the motor vehicle to make the   necessary repairs so as to comply with the standards. A pass shall herein be issued by the DOTC to authorize   the use of the motor vehicle within a specified period that shall not exceed seven (7) days for the sole purpose   of making the necessary repairs on the said vehicle. The owner/operator of the vehicle shall be required to   correct its defects and show proof of compliance to the appropriate pollution control office before the vehicle   can be allowed to be driven on any public or subdivision roads.

In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on pollution control   management conducted by the DOTC and shall also suffer the following penalties:

    a) First Offense - a fine not to exceed Two Thousand Pesos (P2,000.00);

    b) Second Offense - a fine not less than Two Thousand Pesos (P2,000.00) and not to exceed Four
    Thousand Pesos (P4,000.00); and

    c) Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not less than   Four Thousand Pesos (P4,000.00) and not more than Six thousand pesos (P6,000.00).

Any violation of the provisions of Sec. 21 paragraph (d) with regard to national inspection and maintenance   program, including technicians and facility compliance shall penalized with a fine of not less than Thirty   Thousand Pesos (P30,000.00) or cancellation of license of both the technician and the center, or both, as   determined by the DTI.

All law enforcement officials and deputized agents accredited to conduct vehicle emissions testing and   apprehensions shall undergo a mandatory training on emission standards and regulations. For this purpose,   the Department, together with the DOTC, DTI, DOST, Philippine National Police (PNP) and other concerned   agencies and private entities shall design a training program.

Strange Laws You Never Knew Existed: Part 11 Of 15 Observing 301-Day Rule Before Marrying Again

Marriage is more than just a contract as it also involves fulfilling the promise to stand by each other through thick or thin. However, there are situations which are beyond the married couples' control and one of which is death. The vows can be broken because of death. Widows have to undergo grieving process before gaining full acceptance of the loss. 

It can take years before a woman can be on the road to recovery. This is where remarrying another person comes in. Unfortunately, if a woman decides to remarry, there are still some rules to follow based on Article 351 of Republic Act 3815. 

“Any widow who shall marry within three hundred and one day from the date of the death of her husband, or before having delivered if she shall have been pregnant at the time of his death, shall be punished by arresto mayor and a fine not exceeding 500 pesos.

The same penalties shall be imposed upon any woman whose marriage shall have been annulled or dissolved, if she shall marry before her delivery or before the expiration of the period of three hundred and one day after the legal separation.”

The reason for the implementation of this law is to “prevent confusion as to the paternity and filiation of the child,” but due to the advancements in technology, paternity testing is considered unnecessary as DNA test serves as a strong proof. 

A bill that repeals premature marriages has already been approved without further amendments by the committee on woman, family, relations and gender equality. The bill is already up for plenary deliberations. According to Senator Nancy Binay, who proposed the bill, the law is considered antiquated and an instrument to discriminating women. She added that there were series of proposals that aim to amend the anti-women provision specified in the Revised Penal Code, but none of them had been enacted into law. 

Strange Laws You Never Knew Existed: Part 10 Of 15 Obsolete Immigration Law

In the Philippines some laws are undeniably out dated and further amendments need to be made. One of the laws that require amendment and expansion is the immigration law or the Commonwealth Act No. 613. The law was made and implemented in 1940 and the outdated sections of this law including Section 29-A is an indicator that necessary changes must be made. 

“Sec. 29. (a) The following classes of aliens shall be excluded from entry into the Philippines:

1. Idiots or insane persons and persons who have been insane;

2. Persons afflicted with a loathsome or dangerous contagious disease, or epilepsy:

3. Persons who have been convicted of a crime involving moral turpitude;

4. Prostitutes, or procurers, or persons coming for any immoral purposes;

5. Persons likely to become, public charge;

6. Paupers, vagrants, and beggars;

7. Persons who practice polygamy or who believe in or advocate the practice of polygamy;

8. Persons who believe in or advocate the overthrow by force and violence of the Government of the Philippines, or of constituted lawful authority, or who disbelieve in or are opposed to organized government, or who advocate the assault or assassination of public officials because of their office, or who advocate or teach principles, theories, or ideas contrary to the Constitution of the Philippines or advocate or teach the unlawful destruction of property, or who are members of or affiliated with any organization entertaining or teaching such doctrines;

9. Persons over fifteen years of age, physically capable of reading, who cannot read printed matter in ordinary use in any language selected by the alien, but this provision shall not apply to the grandfather, grandmother, father, mother, wife, husband or child of a Philippine citizen or of an alien lawfully resident in the Philippines;

10. Persons who are members of a family accompanying an excluded alien, unless in the opinion of the Commissioner of Immigration no hardship would result from their admission;

11. Persons accompanying an excluded person who is helpless from mental or physical disability or infancy, when the protection or guardianship of such accompanying person or persons is required by the excluded person, as shall be determined by the Commissioner of Immigration;

12. Children under fifteen years of age, unaccompanied by or not coming to a parent, except that any such children may be admitted in the discretion of the Commissioner of Immigration, if otherwise admissible;

13. Stowaways, except that any stowaway may be admitted in the discretion of the Commissioner of Immigration, if otherwise admissible;

14. Persons coming to perform unskilled manual labor in pursuance of a promise or offer of employment, express or implied, but this provision shall not apply to persons bearing passport visas authorized by Section Twenty of this Act;

15. Persons who have been excluded or deported from the Philippines, but this provision may be waived in the discretion of the Commissioner of Immigration: Provided, however, That the Commissioner of Immigration shall not exercise his discretion in favor of aliens excluded or deported on the ground of conviction for any crime involving moral turpitude or for any crime penalized under Sections Forty-Five and Forty-Six of this Act or on the ground of having engaged in hoarding, black-marketing or profiteering unless such aliens have previously resided in the Philippines immediately before his exclusion or deportation for a period of ten years or more or are married to native Filipino women;

16. Persons who have been removed from the Philippines at the expense of the Government of the Philippines, as indigent aliens, under the provisions of section forty-three of this Act, and who have not obtained the consent of the Board of Commissioners to apply for readmission; and

17. Persons not properly documented for admission as may be required under the provisions of this Act.”

Some of the proposed amendments of the Commonwealth Act No. 613 include the expansion of the classification of disqualified aliens and the penalties that will be imposed for aliens who have involvement in syndicated criminal activities. The purpose of the amendments is to enhance national security and ensure safety in the country. 

Lawmakers seek support so major changes can be made, making the law responsive to the current immigration concerns of the country. 

Strange Laws You Never Knew Existed: Part 6 Of 15 Criminal Liability Of Rape Is Extinguished Through Marriage

When a man is liable for a crime of rape, forgiveness can be obtained through marriage. This can be found in Article 266 of the Anti-Rape Law of 1997 or the Republic Act No. 8353. Now, if your head is in the clouds, let us first take a good look at what the Anti-Rape Law of 1997 is all about. 

Chapter 3, Article 266-A defines when and how a crime of rape is committed. 

1. By a man who shall have carnal knowledge of a woman under any of the following circumstances:

a. Through force, threat, or intimidation;

b. When the offended party is deprived of reason or otherwise unconscious;

c. By means of fraudulent machination or grave abuse of authority; and

d. When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. 

Pardon or forgiveness can be given to the offender once marriage takes place. Under Article 266-C, Effect of Pardon, in case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty: Provided, that the crime shall not be extinguished or the penalty shall not be abated if the marriage is void ab initio.

With this law, it is a case of forgive and forget. Unfortunately, forgiveness can be elusive especially when the criminal act has left a very deep wound, that scars become a reminder of such an unpleasant experience. As they say, it is easier said than done. 

Rape becomes a violent crime not only because of the force applied but also due to the fact that sexual act is committed against the will of the offended party. The problem with this law is that it sets aside other issues associated with rape. One important point is missing and the fact that a vast range of abuses such as physical, psychological and sexual can take place over a period of time while the offender and the offended party are living under one roof makes the law more open to question. 

Women who are victims of rape become held prisoner of repeated abuse and violence. Marriage only makes the situation worse for women by allowing them to be trapped in such a vicious cycle. Rape victims are traumatized and have difficulty coping. Filing criminal charges against their offenders is difficult let alone marrying the offender.  Sadly, myths about rape have not yet been completely debunked. 

When Do Aliases Violate The Law?

Pseudonyms or also referred to as aliases can be a form of violation of Philippine law when a person uses it with malicious intent such as intentionally concealing your true name. Many officials have been indicted for various criminal charges and when brought to court, these aliases serve as a ticking time bomb. While the accused party is subject to a series of scrutiny, examining evidences as though prosecutors are peering at a specimen under a microscope, makes aliases visible to their keen eyes.

Bank accounts that have been kept in the dark, safe from the eyes of the Philippine justice are discovered in the process of presenting relevant evidences which can either acquit or convict a defendant in a criminal court. When do aliases become a clear violation of the law? According to Anti-Money Laundering Act (AMLA), which took effect in 2001, the use of fictitious bank accounts have been banned by Bangko Central's Circular No. 251.The Circular does not allow banks to open accounts using a fictitious name. Aside from opening a bank account using a different name, there are other instances that violate the Commonwealth Act No. 142 and other relevant laws on using aliases. 

The Commonwealth Act No. 142 (An Act To Regulate The Use Of Aliases), prohibits the use of aliases except for the following conditions:

  • The alias is used for literary, cinema, television or other entertainment purposes;
  • The alias is used solely for those purposes;
  • The use of alias is based on normally accepted practice.

For instance, if an actor uses an alias or pseudonym for cinema, he is not allowed to use the screen name for other purposes. If the actor is going to run for public office, the use of screen name is prohibited unless a competent court approves it. 

The law's main objective is to put a lid on Chinese's common practice of using aliases, which brings confusion especially in the business field. However, the use of alias is allowed when the name has been recorded in civil register and authorized by proper judicial proceedings. 

Under C.A. 142, the use of fictitious or different name that belongs to another person in a single instance  without consent or authorization will not be automatically penalized. 

Some of the relevant laws on aliases are the Civil Code of the Philippines (RA No. 386), the Tax Reform Act of 1997, Presidential Decree No. 1829, the Philippine Immigration Act of 1940, the Revised Penal Code (Act of 3815) and the Anti-Money Laundering Act of 2002. 

The law on the use of alias has a broad scope and the factors that deemed as a normally accepted practiced may not fall within the law's prohibition. 

Regulation Of Ride-Sharing Services Explained

The hustle and bustle of the city, people toing and froing and infrastructures here and there are all signs that the country has been growing rapidly. With the demands that this rapid growth entails, it is imperative to maintain a fast and steady pace. Traffic jams are a daily sight for urban settlers. In fact, it marks another busy day in the city. Catching a ride that will take you to your destination the earliest possible time is such a challenge as there are also hundreds of passengers parading like ants trying their best to make it to their destination. With the regulation of ride-sharing services, Pinoy commuters need not wait for agonizing hours to catch a ride. 

Public convenience is the main objective of Department order 97-1097 and it aims to improve transport service so it will be more accessible to the commuting public. It has effectively merged transport services and the modern advances in technology so the commuters will find it easier to get to their destination. People can download apps such as Uber to get a ride conveniently. Since this order modernizes the traditional way of commuting, passengers will find it convenient to travel from one place to another. 

These transportation services are online-enabled and it works by connecting drivers to customers requesting a ride. It also allows potential customers to browse through a list of registered vehicles. The transaction is completed once the driver receives the request and the customers are taken to their destination. 

The amendments covered for transportation network vehicle service include: 

Route: No fixed route

Vehicle type: Sports Utility Vehicle, Sedan, Asian Utility Vehicle, Van and other similar vehicles. 

Ventilation: air-conditioned

Seating capacity: should not exceed 7 passengers excluding driver

Mode of payment: pre-arranged

Fare: Based on TNC, it is subject to oversight from LTFRB following various circumstances such as national or local emergency, power shortage, civil disorder etc. 

Operation Conditions: 

Driver must have a professional driver's license;

Driver must be registered with LTFRB;

Driver must be TNC accredited;

Vehicle must be TNC accredited;

Vehicle must be 3 years old or below from the date of manufacture;

Age limit of vehicle must not exceed to 7 years from the date of manufacture;

Vehicle must be equipped with necessary tools;

Driver must have online-enabled digital device for pre-arranged ride;

Driver must only entertain customers that made a request using online-enabled application which is TNC accredited and provided;

Driver is not allowed to pick up passengers from the airport unless approved or authorized by airport management;

LTFRB prescribed identification card must be displayed during trips;

Passengers must be insured with personal accident insurance providers, which are LTFRB accredited;

Operators and drivers must comply with the government issued requirements.

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