Healthcare and medical law are crucial components of the healthcare system in the Philippines. These laws are in place to regulate and ensure the rights and responsibilities of patients and healthcare providers. In this blog, we will provide a detailed overview of the rights and responsibilities of both patients and healthcare providers in the Philippines, emphasizing the importance of understanding and adhering to these rights and responsibilities in the delivery of safe and quality healthcare services.

Rights of Patients

As patients, individuals have certain fundamental rights when seeking healthcare services in the Philippines.

Right to Access Healthcare

Every individual has the right to access healthcare services without discrimination. This means that healthcare services should be provided in a timely and appropriate manner, regardless of the patient's ability to pay. No one should be denied healthcare services based on their socioeconomic status, age, gender, religion, or any other characteristic. This right is essential in ensuring that all individuals have equal opportunities to receive the healthcare they need to maintain their health and well-being.

Right to Informed Consent

Patients have the right to be fully informed about their medical condition, treatment options, risks, benefits, and alternatives before undergoing any medical intervention or treatment. Informed consent is a crucial ethical and legal principle that respects the autonomy and decision-making capacity of patients. Healthcare providers must provide patients with accurate and complete information in a language and manner that they can understand, and patients have the right to ask questions, seek clarifications, and make informed decisions about their healthcare.

Right to Privacy and Confidentiality

Patients have the right to privacy and confidentiality of their medical information. Healthcare providers are required by law to maintain the confidentiality of patient information and protect their privacy. This means that patients' medical information should only be disclosed to authorized individuals for the purpose of providing healthcare, and patients have the right to control the use and disclosure of their personal health information. Respecting patients' privacy and confidentiality is crucial in building trust and maintaining the confidentiality of the doctor-patient relationship.

Right to Quality Care

Patients have the right to receive quality healthcare services that meet accepted medical standards. This includes appropriate diagnosis, treatment, and follow-up care based on evidence-based guidelines and best practices. Patients also have the right to be treated with dignity and respect by healthcare providers, regardless of their background or condition. Quality care is essential in ensuring that patients receive safe and effective healthcare services that are tailored to their needs and preferences.

Right to Refuse Treatment

Patients have the right to refuse medical treatment, except in cases where it is allowed by law. This means that patients have the autonomy to make decisions about their healthcare and can refuse treatments that they do not want or that conflict with their personal beliefs or values. However, there are exceptions to this right, such as in cases where the patient's condition is life-threatening or where the refusal of treatment would result in harm to others. It is important for healthcare providers to respect and consider the patient's decision while also providing appropriate information and guidance to help patients make informed decisions about their healthcare.

Responsibilities of Patients

Along with their rights, patients also have certain responsibilities in the healthcare process.

Provide Accurate Information

Patients have the responsibility to provide accurate and complete information to healthcare providers. This includes their medical history, symptoms, allergies, medications, and other relevant details that can help healthcare providers make an accurate diagnosis and provide appropriate care. Providing accurate information is crucial in ensuring that patients receive safe and effective healthcare services that are tailored to their individual needs.

Comply with Treatment Plans

Patients have the responsibility to comply with the treatment plans prescribed by their healthcare providers. This includes taking medications as instructed, following lifestyle changes, and attending follow-up appointments as scheduled. Compliance with treatment plans is essential in achieving the desired outcomes of healthcare interventions and ensuring the success of the treatment. Patients should also inform their healthcare providers of any difficulties or concerns they may have in complying with the treatment plan, so that appropriate adjustments can be made.

Respect Healthcare Providers

Patients have the responsibility to respect and cooperate with their healthcare providers. This includes treating healthcare providers with courtesy, following their instructions, and adhering to the policies and rules of the healthcare facility. Patients should also communicate openly and honestly with their healthcare providers, provide feedback on their care, and raise any concerns or complaints in a respectful manner. Building a collaborative and respectful relationship with healthcare providers promotes effective communication and enhances the quality of care.

Be Active Participants in their Healthcare

Patients have the responsibility to be active participants in their healthcare. This includes asking questions, seeking clarifications, and engaging in shared decision-making with their healthcare providers. Patients should also educate themselves about their medical condition, treatment options, and self-care measures to make informed decisions about their healthcare. Being actively engaged in their healthcare empowers patients to make informed choices and take ownership of their health.

Rights and Responsibilities of Healthcare Providers

Healthcare providers, on the other hand, also have certain rights and responsibilities in the delivery of healthcare services.

Rights of Healthcare Providers:

1. Right to Provide Care According to Professional Standards

Healthcare providers have the right to provide care according to accepted medical standards and best practices. This means that they have the autonomy to make clinical judgments, prescribe appropriate treatments, and provide care that is in the best interest of their patients, without undue interference from external sources. Healthcare providers should be able to exercise their professional judgment based on their expertise and knowledge to ensure that patients receive safe and effective care.

2. Right to Respect and Professional Courtesy

Healthcare providers have the right to be treated with respect and professional courtesy by patients, their families, and colleagues. This includes being treated in a manner that is free from discrimination, harassment, and violence. Healthcare providers should also be able to work in a safe and conducive environment that allows them to provide care to the best of their abilities.

Responsibilities of Healthcare Providers:

1. Provide Safe and Quality Care

Healthcare providers have the responsibility to provide safe and quality care to their patients. This includes adhering to professional standards, following evidence-based guidelines, and practicing within the scope of their expertise and competence. Healthcare providers should also continuously update their knowledge and skills to ensure that they are providing the best possible care to their patients.

2. Respect Patients' Rights and Autonomy

Healthcare providers have the responsibility to respect and uphold the rights and autonomy of their patients. This includes obtaining informed consent, protecting patients' privacy and confidentiality, and respecting their choices and decisions about their healthcare. Healthcare providers should also communicate with patients in a compassionate and respectful manner, and involve them in the decision-making process to the extent possible.

3. Communicate Effectively with Patients

Healthcare providers have the responsibility to communicate effectively with their patients. This includes providing information in a language and manner that patients can understand, listening to patients' concerns, and addressing their questions and doubts. Healthcare providers should also provide clear instructions about treatment plans, medications, and self-care measures, and encourage patients to ask questions and seek clarification.

4. Collaborate with Colleagues and Healthcare Team

Healthcare providers have the responsibility to collaborate with their colleagues and the healthcare team to ensure coordinated and comprehensive care for patients. This includes effective communication, sharing of relevant information, and working together to develop and implement appropriate treatment plans. Healthcare providers should also respect and value the contributions of other healthcare professionals and work in a collaborative and interdisciplinary manner to optimize patient care.

Conclusion

In conclusion, understanding the rights and responsibilities of both patients and healthcare providers is crucial in the delivery of safe and quality healthcare services in the best interest of patients. Patients have the right to receive respectful, compassionate, and culturally competent care, and they also have the responsibility to actively participate in their healthcare and follow the agreed-upon treatment plan. Healthcare providers have the right to provide care according to professional standards, and they have the responsibility to provide safe, quality care, respect patients' rights and autonomy, communicate effectively, and collaborate with their colleagues.

By upholding these rights and responsibilities, patients and healthcare providers can work together in a collaborative partnership to achieve the best possible outcomes for patients. Effective communication, mutual respect, and shared decision-making are essential components of this partnership. It is important for patients and healthcare providers to actively engage in open and honest communication, listen to each other's perspectives, and work together to develop and implement appropriate treatment plans.

In case of any concerns or grievances, patients and healthcare providers should follow appropriate channels for resolution, such as discussing with the healthcare facility or seeking guidance from relevant regulatory bodies or advocacy organizations. By working together in a collaborative and respectful manner, patients and healthcare providers can foster a positive healthcare environment that promotes patient safety, quality care, and improved health outcomes.

Public procurement law is an essential legal framework that ensures transparency and accountability in government contracts. It is aimed at preventing corruption and promoting fair competition in the procurement process. In the Philippines, public procurement is governed by the Government Procurement Reform Act or Republic Act No. 9184, enacted in 2003. This comprehensive law provides a set of rules and procedures for all stages of the procurement process, from planning to contract award and implementation. This blog will discuss the key features of public procurement law in the Philippines, highlighting the benefits of transparency and accountability in government contracting.

The Competitive Bidding Process

One of the key features of the Government Procurement Reform Act is the use of a competitive bidding process. This process requires government agencies to solicit bids from qualified suppliers and contractors and award contracts to the most responsive and lowest bidder. The law aims to ensure that government contracts are awarded to the most qualified and capable suppliers and contractors and that the procurement process is conducted in a transparent and accountable manner.

Electronic Procurement System

To ensure fairness and transparency in the bidding process, the Government Procurement Reform Act mandates that all procurement activities be conducted through an electronic procurement system. This system enables interested parties to access bidding documents, submit bids electronically, and participate in online bid openings. The system provides a level playing field for all bidders, ensuring that they have equal access to procurement opportunities and can compete fairly.

Procurement Oversight Committee

The law also mandates the creation of a procurement oversight committee responsible for monitoring and reviewing procurement activities and ensuring compliance with the law. The committee is composed of representatives from various government agencies and civil society organizations. This committee ensures that procurement activities are conducted in a transparent and accountable manner, preventing corruption and promoting fair competition.

Penalties and Sanctions

The Government Procurement Reform Act also establishes a system of penalties and sanctions for violations of procurement rules and procedures. These penalties include fines, suspension, and even criminal charges for serious offenses. The penalties and sanctions act as a deterrent against corruption and ensure that procurement activities are conducted in a transparent and accountable manner.

Benefits of Transparency and Accountability in Government Contracting

The benefits of transparency and accountability in government contracting cannot be overstated. It promotes fair competition, prevents corruption, and protects the interests of the government and the public. Transparency in government contracting ensures that taxpayers' money is spent wisely and that government contracts are awarded to the most qualified and capable suppliers and contractors. It also promotes public trust in government and ensures that government officials are held accountable for their actions.

Conclusion

In conclusion, public procurement law in the Philippines is an essential legal framework that ensures transparency and accountability in government contracts. The Government Procurement Reform Act provides a comprehensive set of rules and procedures for all stages of the procurement process, from planning to contract award and implementation. The law promotes fair competition, prevents corruption, and protects the interests of the government and the public. By ensuring transparency and accountability in government contracting, the law ensures that taxpayers' money is spent wisely and that government officials are held accountable for their actions.

Law enforcement agencies in the Philippines play a crucial role in maintaining law and order, ensuring public safety, and upholding the rule of law in the country. These agencies are responsible for preventing and investigating crimes, apprehending offenders, and enforcing laws and regulations. The primary law enforcement agencies in the Philippines include the Philippine National Police (PNP), the National Bureau of Investigation (NBI), and the Bureau of Customs, among others. In this blog, we will delve deeper into the functions and responsibilities of these agencies to gain a better understanding of their pivotal role in Philippine society.

Philippine National Police (PNP)

The Philippine National Police (PNP) serves as the national law enforcement agency of the Philippines. It is tasked with maintaining peace and order, preventing and detecting crimes, and enforcing laws throughout the country. The PNP handles a wide range of law enforcement duties, including traffic management, crime prevention, criminal investigation, and public safety services. Additionally, it is actively involved in counterterrorism efforts and maintaining peace and order during national emergencies.

National Bureau of Investigation (NBI)

The National Bureau of Investigation (NBI) operates as the primary investigative body of the Philippine government. As an agency under the Department of Justice, the NBI conducts investigations on various crimes, particularly complex and high-profile cases, organized crime, corruption, and cybercrime. The NBI plays a crucial role in assisting with the prosecution of criminal cases and provides valuable forensic and laboratory services to support investigations.

Bureau of Customs (BOC)

The Bureau of Customs (BOC) in the Philippines is responsible for enforcing customs laws and regulations. Its primary objective is to prevent smuggling and ensure the proper collection of customs duties and taxes. To achieve this, the BOC monitors the flow of goods across the country's borders, inspects cargoes, and apprehends individuals involved in illegal trade activities. By combating smuggling, the BOC contributes significantly to national security and the country's economic stability.

Philippine Drug Enforcement Agency (PDEA)

The Philippine Drug Enforcement Agency (PDEA) serves as the primary agency tasked with combating illegal drugs in the Philippines. It focuses on drug law enforcement, intelligence gathering, and drug demand reduction programs. The PDEA works closely with other law enforcement agencies to disrupt drug trafficking operations, arrest drug offenders, and dismantle drug syndicates. Its efforts are crucial in addressing the drug problem, protecting public health, and safeguarding communities.

Bureau of Fire Protection (BFP)

The Bureau of Fire Protection (BFP) is responsible for fire prevention, suppression, and investigation in the Philippines. Its primary aim is to protect lives, properties, and the environment from the destructive effects of fire. In addition to fire-related responsibilities, the BFP provides emergency medical services and responds to other types of emergencies, including natural disasters. The BFP plays a crucial role in ensuring public safety during emergencies and preserving lives and properties.

Collaboration and Coordination

Law enforcement agencies in the Philippines understand the importance of collaboration and coordination. They work together to address various challenges related to crime, terrorism, illegal drugs, smuggling, and public safety. By sharing resources, information, and expertise, these agencies enhance their effectiveness and optimize their efforts. Collaboration among law enforcement agencies strengthens the overall security and stability of the country, ultimately creating a safe and secure environment for the Filipino people.

Conclusion

The role of law enforcement agencies in the Philippines is vital in promoting a safe and secure environment for the Filipino people and upholding the principles of justice and the rule of law. The Philippine National Police, the National Bureau of Investigation, the Bureau of Customs, the Philippine Drug Enforcement Agency, and the Bureau of Fire Protection all contribute to maintaining public safety, preventing and investigating crimes, and addressing various challenges faced by Philippine society. Through their dedicated efforts, these agencies play a crucial role in maintaining law and order, protecting citizens, and upholding the integrity of the justice system. Their collaboration and coordination further enhance their effectiveness in addressing complex issues such as terrorism, drug trafficking, smuggling, and emergency response. As society evolves, these law enforcement agencies adapt to new challenges and continuously strive to ensure the safety and well-being of the Filipino people. By understanding their duties, challenges, and impact, we can appreciate the significance of their work and support their efforts in creating a safer and more secure Philippines for all.

The Philippines is a country prone to various natural disasters, such as typhoons, earthquakes, volcanic eruptions, and floods. These disasters pose significant risks to communities and have a detrimental impact on lives, livelihoods, and infrastructure. To address these challenges, the Philippine government enacted the Disaster Risk Reduction and Management (DRRM) Law, also known as Republic Act No. 10121, on May 27, 2010. The DRRM Law is a comprehensive legislation that aims to reduce the vulnerability of communities to disasters, enhance their resilience, and improve the country's disaster preparedness and response capabilities.

Preparedness as a Key Component of the DRRM Law

Preparedness is a crucial component of the DRRM Law, emphasizing the need for proactive measures to mitigate the impact of disasters. The law mandates the creation of Local Disaster Risk Reduction and Management Offices (LDRRMOs) in all levels of government, including barangay (village), municipal, city, provincial, and regional levels, to spearhead disaster risk reduction and management efforts. These offices are tasked with formulating and implementing local disaster risk reduction and management plans, coordinating with other government agencies, and conducting disaster drills and simulations to enhance preparedness.

The DRRM Law also highlights the importance of early warning systems and information dissemination. It requires the establishment of a comprehensive national and local early warning system that provides timely and accurate information to communities at risk. This includes weather advisories, flood alerts, earthquake warnings, and other relevant information that can help communities prepare and respond effectively to impending disasters. Moreover, the law mandates the integration of disaster risk reduction and management into the school curricula, to promote disaster awareness and education among the youth. This ensures that the younger generation is equipped with the knowledge and skills to respond to disasters.

Response and the Principle of "Build Back Better"

The DRRM Law emphasizes the principle of "Build Back Better," which promotes building back disaster-affected communities in a more resilient and sustainable manner. This principle emphasizes the importance of not just rebuilding what was lost, but also improving the resilience of communities to withstand future disasters. The law mandates the creation of a National Disaster Risk Reduction and Management Plan (NDRRMP) and the establishment of a National Disaster Risk Reduction and Management Council (NDRRMC) to ensure a coordinated and efficient response during disasters.

The NDRRMC, composed of various government agencies, is responsible for coordinating disaster response efforts, including search and rescue, evacuation, relief operations, and post-disaster recovery and rehabilitation. The NDRRMC ensures that resources and assistance are deployed promptly and effectively to affected areas. The principle of "Build Back Better" also emphasizes the need to incorporate disaster risk reduction and management principles in the design and construction of infrastructure, buildings, and other facilities to make them more resilient to disasters in the future.

Participation of Stakeholders in Disaster Risk Reduction and Management

The DRRM Law recognizes the importance of involving various stakeholders in disaster risk reduction and management efforts. It mandates the participation of civil society organizations, the private sector, and local communities in disaster risk reduction and management planning, implementation, and monitoring. This ensures that diverse perspectives and expertise are considered in the development and implementation of disaster risk reduction and management initiatives.

The law also highlights the need to include vulnerable groups, such as women, children, persons with disabilities, and the elderly, in disaster risk reduction and management efforts. These groups are often disproportionately affected by disasters and may face unique challenges and vulnerabilities. The law mandates that appropriate assistance and accommodations be provided to these vulnerable groups to ensure their safety, well-being, and inclusion in disaster risk reduction and management efforts.

Conclusion

The DRRM Law in the Philippines is a comprehensive legislation that underscores the importance of disaster preparedness and response in reducing the vulnerability of communities to disasters. It highlights the need for proactive measures, early warning systems, and information dissemination to ensure that communities are well-prepared to face disasters. The principle of "Build Back Better" emphasizes the importance of resilient recovery and rehabilitation efforts to reduce the impact of future disasters.

Furthermore, the DRRM Law recognizes the significance of stakeholder participation in disaster risk reduction and management efforts. It promotes the involvement of civil society organizations, the private sector, and local communities in the planning, implementation, and monitoring of disaster risk reduction and management initiatives. It also underscores the inclusion of vulnerable groups, such as women, children, persons with disabilities, and the elderly, to ensure their safety and inclusion in disaster risk reduction and management efforts.

Despite the significant strides made through the DRRM Law, there are still challenges in its implementation. Some of these challenges include limited resources, capacity gaps at the local level, and the need for continuous education and awareness among communities. However, efforts are being made by the Philippine government, along with various stakeholders, to address these challenges and enhance the country's disaster preparedness and response capabilities.

Solo parents carry a heavy responsibility as they are left alone to take care of their children. In 2015, the National Statistics Office (NSO) stated that there are about 14 million solo parents in the Philippines. This is why the national government took the initiative to pass Republic Act 8972 or the Solo Parents' Welfare Act of 2000. While rearing children as a solo parent is difficult, the law has somehow made it easier or less burdensome. What are the benefits that solo parent can get from the government?

Sec. 5. Comprehensive Package of Social Development and Welfare Services. - A comprehensive package of social development and welfare services for solo parents and their families will be developed by the DSWD, DOH, DECS, CHED, TESDA, DOLE, NHA and DILG, in coordination with local government units and a nongovernmental organization with proven track record in providing services for solo parents.

The DSWD shall coordinate with concerned agencies the implementation of the comprehensive package of social development and welfare services for solo parents and their families. The package will initially include:

(a) Livelihood development services which include trainings on livelihood skills, basic business management, value orientation and the provision of seed capital or job placement.

(b) Counseling services which include individual, peer group or family counseling. This will focus on the resolution of personal relationship and role conflicts.

(c) Parent effectiveness services which include the provision and expansion of knowledge and skills of the solo parent on early childhood development, behavior management, health care, rights and duties of parents and children.

(d) Critical incidence stress debriefing which includes preventive stress management strategy designed to assist solo parents in coping with crisis situations and cases of abuse.

(e) Special projects for individuals in need of protection which include temporary shelter, counseling, legal assistance, medical care, self-concept or ego-building, crisis management and spiritual enrichment.

Sec. 6. Flexible Work Schedule. - The employer shall provide for a flexible working schedule for solo parents: Provided, That the same shall not affect individual and company productivity: Provided, further, That any employer may request exemption from the above requirements from the DOLE on certain meritorious grounds.

Sec. 7. Work Discrimination. - No employer shall discriminate against any solo parent employee with respect to terms and conditions of employment on account of his/her status.

Sec. 8. Parental Leave. - In addition to leave privileges under existing laws, parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year.

Sec. 9. Educational Benefits. - The DECS, CHED and TESDA shall provide the following benefits and privileges:

(1) Scholarship programs for qualified solo parents and their children in institutions of basic, tertiary and technical/skills education; and

(2) Nonformal education programs appropriate for solo parents and their children.

The DECS, CHED and TESDA shall promulgate rules and regulations for the proper implementation of this program.

Sec. 10. Housing Benefits. - Solo parents shall be given allocation in housing projects and shall be provided with liberal terms of payment on said government low-cost housing projects in accordance with housing law provisions prioritizing applicants below the poverty line as declared by the NEDA.

Sec. 11. Medical Assistance. - The DOH shall develop a comprehensive health care program for solo parents and their children. The program shall be implemented by the DOH through their retained hospitals and medical centers and the local government units (LGUs) through their provincial/district/city/municipal hospitals and rural health units (RHUs).

It is a breath of fresh air for all of us to know that the validity of passports has finally been extended from 5 years to 10 years. Now we don't have to endure long hours of waiting in line to get our passports.  As we all know the previous law only limited validity to 5 years. This law is known as the Republic Act No. 8239 otherwise known as the Philippine Passport Act of 1996 "Regular passports issued under this Act shall be valid for a period of five (5) years: Provided, however, That the issuing authority may limit the period of validity to less than five (5) years; whenever in the national economic interest or political stability of the country such restriction is necessary: Provided, finally, That a new passport may be issued to replace one which validity has expired, the old passport being returned to the holder after cancellation."

Amended by Republic Act No. 10928 Sec 10 states that:

" Regular passports issued under this Act shall be valid for a period of ten (10) years; Provided, however, that for individuals under (18) years of age, only a passport with five (5)-year validity shall be issued; Provided, further; that the issuing authority may limit the period of validity to less than ten (10) years, whenever in the national economic interest or political stability of the country such restriction is necessary."

The new law on the validity of passports will take effect in January 2018. There will be no additional cost to passport holders and applicants. The implementing rules and regulations of the new Philippine Passport Act have been signed by President Rodrigo Duterte last August 2. 

The passports' validity cannot be extended immediately because the Department of Foreign Affairs will still need to notify other countries of the validity's extension.  

Social media networks have been our virtual friends and a replacement for real-life social interaction. We express our discontentment, happiness, disappointment, sadness and other forms of emotion through social media, hoping we can get some sense of validation and comfort from our friends. Our newsfeed is often filled with clamours from one of our friends. We laugh at random thoughts and musings, get annoyed by endless whining and complaints. We hate being confronted by statuses about an individual's perpetual problem when they know for a fact that social media networks cannot provide cyber counselling. On a different note, the social media has been instrumental to change. It has become purveyors of good news, but we should not also deny instances that we have been swayed by fake news all because they are worthy of sharing. Now even disputes that are supposed to be settled at barangay level may find its way to our newsfeed. We hear people asking for assistance despite the presence of barangay officials. 

Is this really the norm these days? Are people not aware of the existence of barangay justice system? While there are Barangay officials who are fulfilling their duty to maintain peace and order in each barangay, there are officials who are not giving proper assistance to people filing cases despite numerous instances of follow-ups. Presidential Decree No. 1508 repealed by Republic Act 7160, is intended to establish a system where people can settle disputes at the barangay level. This system is known as Lupong Tagapayapa composed of the Barangay Chairman, who will act as the head of the Lupon. According to the law, "The Lupon shall exercise administrative supervision over the conciliation panels hereinafter provided for. It shall meet regularly once a month (1) to provide a forum for the exchange of ideas among its members and the public on matters relevant to the amicable settlement of disputes; and (2) to enable the various panels to share with one another their observation and experiences in effecting speedy resolution of disputes."

It is quite understandable that some people are more comfortable approaching city mayors, police authorities and the like as they do not know the subject matters that can be settled by barangay officials. Section 408 of Republic Act 7160 otherwise known as Local Government Code of 1991 states that "each barangay shall have authority to bring together the parties actually residing in the same city or municipality for amicable settlement of ALL disputes except:

(a) Where one party is the government, or any subdivision or instrumentality thereof;

(b) Where one party is a public officer or employee, and the dispute relates to the performance of his official functions;

(c) Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five thousand pesos (P5,000.00);

(d) Offenses where there is no private offended party;

(e) Where the dispute involves real properties located in different cities or municipalities unless the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon;

(f) Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon;

(g) Such other classes of disputes which the President may determine in the interest of Justice or upon the recommendation of the Secretary of Justice.

The court in which non-criminal cases not falling within the authority of the lupon under this Code are filed may, at any time before trial motu propio refer the case to the lupon concerned for amicable settlement.

We should also note that the barangay officials have no authority over the following disputes:

"1. involving parties who actually reside in barangays of different cities or municipalities, except where such barangays adjoin each other; and

 2. involving real property located in different municipalities."

Before we approach other city officials and authorities, the procedure for amicable settlement must also be taken into account. It is important to assess if the following has already been done by the Barangay Chairman:

"(a) Who may initiate proceeding - Upon payment of the appropriate filing fee, any individual who has a cause of action against another individual involving any matter within the authority of the lupon may complain, orally or in writing, to the lupon chairman of the barangay.

(b) Mediation by lupon chairman - Upon receipt of the complaint, the lupon chairman shall within the next working day summon the respondent(s), with notice to the complainant(s) for them and their witnesses to appear before him for a mediation of their conflicting interests. If he fails in his mediation effort within fifteen (15) days from the first meeting of the parties before him, he shall forthwith set a date for the constitution of the pangkat in accordance with the provisions of this Chapter.

(c) Suspension of prescriptive period of offenses - While the dispute is under mediation, conciliation, or arbitration, the prescriptive periods for offenses and cause of action under existing laws shall be interrupted upon filing the complaint with the punong barangay. The prescriptive periods shall resume upon receipt by the complainant of the complainant or the certificate of repudiation or of the certification to file action issued by the lupon or pangkat secretary: Provided, however, That such interruption shall not exceed sixty (60) days from the filing of the complaint with the punong barangay.

(d) Issuance of summons; hearing; grounds for disqualification - The pangkat shall convene not later than three (3) days from its constitution, on the day and hour set by the lupon chairman, to hear both parties and their witnesses, simplify issues, and explore all possibilities for amicable settlement. For this purpose, the pangkat may issue summons for the personal appearance of parties and witnesses before it. In the event that a party moves to disqualify any member of the pangkat by reason of relationship, bias, interest, or any other similar grounds discovered after the constitution of the pangkat, the matter shall be resolved by the affirmative vote of the majority of the pangkat whose decision shall be final. Should disqualification be decided upon, the resulting vacancy shall be filled as herein provided for.

(e) Period to arrive at a settlement - The pangkat shall arrive at a settlement or resolution of the dispute within fifteen (15) days from the day it convenes in accordance with this section. This period shall, at the discretion of the pangkat, be extendible for another period which shall not exceed fifteen (15) days, except in clearly meritorious cases."

The Barangay Justice System will also be properly implemented if Lupon Chairman, members and secretary undergo training on the classification of cases, procedures of the settlement, administrative requirements of Katarungang Pambarangay (KP) Law, Mediation/Conciliation/Arbitration procedures and more. This way, people will not be too inclined in using other avenues such as social media because of losing faith in the Barangay Justice System. 

Poverty is one of the perennial problems plaguing the country. Various programs have been implemented to reduce the numbers of starving Filipinos. The system is said to target the poor by providing their basic needs such as food, water, shelter, education and more. However, poverty-stricken individuals are either unaware that such programs exist or they are not given proper assistance. For instance, a person would rather become an informal settler than be relocated in an area far from their source of income. Others will even resort to illegal means to provide food on their family's plate. They are well aware that their acts can land them in jail, but they do not have any choice but to bite the bullet. One step to alleviating poverty is to make people aware that these programs actually exist. The National Anti-Poverty Commission (NAPC) provides programs for the purpose of helping the poor improve their quality of life. Such programs are focused on providing free education for the deserving poor students, livelihood, microfinance services and more. NAPC shall:

(1) Source funds for the establishment of and augmentation to the Trust Fund; 

(2) Recommend to the appropriate government department or agency the accreditation of organizations and institutions that shall act as resource partners in conducting institutional development and capability building activities for accredited organizations and beneficiaries of microfinance and micro-enterprise programs;  

(3) Ensure that validation and monitoring activities are conducted for funded institutional development and capability building projects/programs/beneficiaries; and 

(4) Promote research and development work on livelihood and microfinance technology and publications/communications programs that assist the poor beneficiaries.

Sec. 11. Purposes of the People's Development Trust Fund (PDTF). — The earnings of the PDTF shall be utilized for the following purposes:

(1) Consultancy and training services for microfinance institutions and their beneficiaries on the establishment of the necessary support services, social and financial preparation of beneficiaries, preparation of plans and programs including fund sourcing and assistance, establishment of credit and savings monitoring and evaluation mechanisms; 

(2) Scholarships or training grants for microfinance staff and officers, and selected beneficiaries; 

(3) Community organizing for microfinance, livelihood and micro-enterprises training services; 

(4) Livelihood/micro-enterprise project/program feasibility studies and researches; 

(5) Savings mobilization and incentive programs, and other similar facilities; 

(6) Information and communication systems such as baseline surveys, development monitoring systems, socioeconomic mapping surveys, organizational assessments, and other similar activities; 

 (7) Legal and other management support services such as registration, documentation, contract review and enforcement, financial audit and operational assessment; 

 (8) Information dissemination of microfinance technology; and 

 (9) Other activities to support microfinance as approved by the designated agency administering the PDTF.

The PDTF may be accessed by the following:

(a) Registered microfinance organizations engaged in providing micro-enterprise services for the poor to enable them to become viable and sustainable; 

(b) Local government units providing microfinance and micro-enterprise programs to their constituents: Provided, That the PDTF shall not be used by the LGUs for personal services and maintenance and other operating expenses; and 

(c) Local government units undertaking self-help projects where at least twenty-five percent (25%) of the total earnings of the PDTF shall be used exclusively for the provision of materials and technical services.

Sec. 12. The role of Local Government Units (LGUs). — The local government units, through the local development councils of the province, city, municipality, or barangay shall be responsible for the formulation, implementation, monitoring and evaluation of the National Anti-Poverty Action Agenda in their respective jurisdictions. The LGUs shall:

(a) Identify the poor in their respective areas based on indicators such as the minimum basic needs approach and the human development index, their location, occupation, nature of employment, and their primary resource base and formulate a provincial/city/municipality anti-poverty action agenda; 

 (b) Identify and source funding for specific social reform and poverty alleviation projects; 

(c) Coordinate, monitor and evaluate the efforts of local government units with the private sector on planning and implementation of the local action program for social reform and poverty alleviation; and 

(d) Coordinate and submit progress reports to the National Anti-Poverty Commission regarding their local action programs.

Nothing in this Act shall be construed as diminishing the powers granted to the local government units under the Local Government Code. 

President Duterte is very vocal about putting an end to graft and corruption. Stringent policies have been rolled out to ensure that government agencies do not cross the line. However, it appears that the case of the missing P1000 bill only proves that justice can be selective at times. Why is everyone making a fuss over the missing P1000? 

Section 12 of Republic Act No. 7659 defines plunder as "Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt criminal acts as described in Section 1 (d) hereof in the aggregate amount or total value of at least Fifty million pesos (P50,000,000.00) shall be guilty of the crime of plunder and shall be punished by reclusion perpetua to death. Any person who participated with the said public officer in the commission of an offense contributing to the crime of plunder shall likewise be punished for such offense. In the imposition of penalties, the degree of participation and the attendance of mitigating and extenuating circumstances, as provided by the Revised Penal Code, shall be considered by the court. The court shall declare any and all ill-gotten wealth and their interests and other incomes and assets including the properties and shares of stocks derived from the deposit or investment thereof forfeited in favor of the State."

If you could still remember, Jack Lam, a Chinese tycoon offered bribe money with the amount of P50 million. However, a recent investigation revealed that the money was P1000 short. With the funds having a total of P49,999,000, the case of plunder filed against Jack Lam will not prosper. Two former commissioners from the Bureau of Immigration, who happened to be the fraternity brothers of Justice Secretary Vitaliano Aguirre II and President Rodrigo Duterte may have skirted the P1000 bill to manipulate the consistency of evidence. 

The issue was brought up during the Senate deliberations on the proposed P17.43 billion budget of the Department of Justice. Senate Minority Leader Franklin Drilon wanted to know the status of the P50 million bribe money and also the status of the two former commissioners, Al Argosino and Michael Robles. 

Although the two were already sacked, the missing P1000 stirred controversy considering the fact that Aguirre denies participation in the counting of bribe money. He even claimed that there was a CCTV when the counting happened. Some members of the committee thought at first that the missing bill was a joke. Due to losing the P1000, the plunder case will likely be reduced to charges with lower penalties. 

Being a public official is both a privilege and a responsibility. More often than not, you become the subject for public scrutiny when you fail to meet expectations or perform your duty. Even in the past administrations, many public officials and employees have been criticized because of grave misconduct, displaying a lavish lifestyle, using power to intimidate others and more. Let Section 4 of Republic Act No. 6713 be a gentle reminder of how a public official or employee should behave. 

Section 4. Norms of Conduct of Public Officials and Employees. - (A) Every public official and employee shall observe the following as standards of personal conduct in the discharge and execution of official duties:

(a) Commitment to public interest. - Public officials and employees shall always uphold the public interest over and above personal interest. All government resources and powers of their respective offices must be employed and used efficiently, effectively, honestly and economically, particularly to avoid wastage in public funds and revenues.

(b) Professionalism. - Public officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill. They shall enter public service with utmost devotion and dedication to duty. They shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage.

(c) Justness and sincerity. - Public officials and employees shall remain true to the people at all times. They must act with justness and sincerity and shall not discriminate against anyone, especially the poor and the underprivileged. They shall at all times respect the rights of others, and shall refrain from doing acts contrary to law, good morals, good customs, public policy, public order, public safety and public interest. They shall not dispense or extend undue favors on account of their office to their relatives whether by consanguinity or affinity except with respect to appointments of such relatives to positions considered strictly confidential or as members of their personal staff whose terms are coterminous with theirs.

(d) Political neutrality. - Public officials and employees shall provide service to everyone without unfair discrimination and regardless of party affiliation or preference.

(e) Responsiveness to the public. - Public officials and employees shall extend prompt, courteous, and adequate service to the public. Unless otherwise provided by law or when required by the public interest, public officials and employees shall provide information of their policies and procedures in clear and understandable language, ensure openness of information, public consultations and hearings whenever appropriate, encourage suggestions, simplify and systematize policy, rules and procedures, avoid red tape and develop an understanding and appreciation of the socio-economic conditions prevailing in the country, especially in the depressed rural and urban areas.

(f) Nationalism and patriotism. - Public officials and employees shall at all times be loyal to the Republic and to the Filipino people, promote the use of locally produced goods, resources and technology and encourage appreciation and pride of country and people. They shall endeavor to maintain and defend Philippine sovereignty against foreign intrusion.

(g) Commitment to democracy. - Public officials and employees shall commit themselves to the democratic way of life and values, maintain the principle of public accountability, and manifest by deeds the supremacy of civilian authority over the military. They shall at all times uphold the Constitution and put loyalty to country above loyalty to persons or party.

(h) Simple living. - Public officials and employees and their families shall lead modest lives appropriate to their positions and income. They shall not indulge in extravagant or ostentatious display of wealth in any form.

(B) The Civil Service Commission shall adopt positive measures to promote (1) observance of these standards including the dissemination of information programs and workshops authorizing merit increases beyond regular progression steps, to a limited number of employees recognized by their office colleagues to be outstanding in their observance of ethical standards; and (2) continuing research and experimentation on measures which provide positive motivation to public officials and employees in raising the general level of observance of these standards.

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.

Being hospitalized is an additional burden for the impoverished as many hospitals require deposit before a patient can be admitted. On Thursday, August 3, President Rodrigo Duterte signed a law that increases penalties for clinics and hospitals that fail to administer initial medical treatment to patient who fail to provide deposit. The law is known as Republic Act No. 10932 or the Anti-Hospital Deposit Law. 

The law states that "in emergency or serious cases, it shall be unlawful for any hospital or medical clinic to request, solicit, demand or accept any deposit or any other form of advance payment as prerequisite for administering basic emergency care, for confinement or medical treatment, or to refuse to administer medical treatment and support to any patient.”

The violation of the Act will be punishable by imprisonment of not less than six (6) months and one (1) day but not more than two (2) years and four (4) months, or a fine of not less than P100,000.00 but not more than P300,000.00 or both. Stiffer penalties will also be imposed upon officers and directors of clinics and hospitals. 

Upon three (3) repeated violations committed pursuant to an established policy of the hospital or clinic or upon the instructions of its management, the health facility's license to operate shall be revoked by the DOH. The president chairman, board of directors, or trustees, and other officers of the health facility shall be solidarily liable for damages that may be awarded by the court to the patient complainant. 

Under Section 3 of the same Act, "after the hospital or medical clinic mentioned above shall have administered medical treatment and support, it may cause the transfer of the patient to an appropriate hospital consistent with the needs of the patient especially in the case of poor or indigent patients. 

There are also provisions intended for pregnant women. While the previous version of this Act stated that hospitals were only held accountable for cases in which patient required immediate medical care, the new version states that clinics and hospitals can also be held accountable if they fail to administer treatment to a woman. 

Not all parents can send their children to college due to lack of funds. This is why when President Rodrigo Duterte signed a bill granting free tertiary education in state universities and colleges (SUCs) and local universities and colleges (LUCs), most students are ecstatic about the good news.

Republic Act 10931 or the Universal Access to Quality Tertiary Education Act shoulders tuition and other school fees. However, there are qualifications that must be met to ensure that free college tuition is only given to deserving students. 

Under section 6 of RA 10931, the following students are ineligible to avail of the free tertiary education: 

a) In SUCs and LUCs

1. Students who have already attained a bachelor's degree or comparable undergraduate degree from any HEI whether public or private; 

2. Students who fail to comply with the admission and retention policies of the SUC or LUC;

3. Students who fail to complete their bachelor's degree or comparable undergraduate degree within a year after the period prescribed in their program. and

b) In State-Run TVIs:

1. Students who have obtained a bachelor's degree, as well as those who have received a certificate or diploma for technical-vocational course equivalent to at least National Certificate III and above. 

2. Students who fail in any course enrolled in during the course of the program. 

Students ineligible to avail of the free tertiary education shall be charged the tuition and other school fees, as determined by the respective boards of the SUCs and LUCs and in the case of the state-run TVIs, to be determined by the TESDA. 

Students loan programs will also be available alongside free tuition law to cover the cost of tertiary education. 

Section 8 states that "repayment shall be effected by incorporating a portion of the loan amount or a percentage thereof in the employee's monthly Social Security System (SSS) or Government Service Insurance System (GSIS) contribution, as the case may be, based on a reasonable schedule of repayment and interest rates, as may be formulated by the UniFAST Board.  

Payment of the loan amount will commence once the beneficiary secures any gainful employment with compensation, remuneration or earnings that reach the Compulsory Repayment Threshold (CRT). For purposes of this ACT, the CRT shall be set and reviewed by the UniFAST Board, and adjusted when necessary. 

Many people who have already gone to Philippine government agencies dread processing an official document because of the ordeal they have to undergo, all thanks to Red Tape. Despite the constant reminder of putting a lid on these bad practices, requests continue to fall on deaf ears. In the past, a person falling victim to sluggish processes was left with no other choice but to keep a stiff upper lip. Putting some teeth into the Anti Red-Tape Act of 2007 has begun to bear fruits. Aside from the implementation of Anti-Red Tape Act of 2007 or R.A. No. 9485, Idulog is also another avenue for filing a complaint in the event you see any irregularities on processing an official document. As stated in Section 8 of the Anti-Red Tape Act of 2007, frontline agencies should provide the following services. 

SEC. 8. Accessing Frontline Services. — The following shall be adopted by all government offices and agencies:

(a) Acceptance of Applications and Requests — (1) All officers or employees shall accept written applications; requests, and/or documents being submitted by clients of the office or agency.

(2) The responsible officer or employee shall acknowledge receipt of such application and/or request by writing or printing clearly thereon his/her name, the unit where he/she is connected with, and the time and date of receipt.

(3) The receiving officer or employee shall perform a preliminary assessment of the request so as to promote a more expeditious action on requests.

(b) Action of Offices — (1) All applications and/or requests submitted shall be acted upon by the assigned officer or employee during the period stated in the Citizen’s Charter which shall not be longer than five working days in the case of simple transactions and ten (10) working days in the case of complex transactions from the date the request or application was received. Depending on the nature of the frontline services requested or the mandate of the office or agency under unusual circumstances, the maximum time prescribed above may be extended. For the extension due to the nature of frontline services or the mandate of the office or agency concerned, the period for the delivery of frontline services shall be indicated in the Citizen’s Charter. The office or agency concerned shall notify the requesting party in writing of the reason for the extension and the final date of release for the extension and the final date of release of the frontline service/s requested.

(2) No application or request shall be returned to the client without appropriate action. In case an application or request is disapproved, the officer or employee who rendered the decision shall send a formal notice to the client within five working days from the receipt of the request and/or application, stating therein the reason for the disapproval including a list of specific requirements which the client failed to submit.

(c) Denial of Request for Access to Government Service — Any denial of request for access to government service shall be fully explained in writing, stating the name of the person making the denial and the grounds upon which such denial is based. Any denial of request is deemed to have been made with the permission or clearance from the highest authority having jurisdiction over the government office or agency concerned.

(d) Limitation of Signatories — The number of signatories in any document shall be limited to a maximum of five signatures which shall represent officers directly supervising the office or agency concerned.

(e) Adoption of Working Schedules to Serve Clients — Heads of offices and agencies which render frontline services shall adopt appropriate working schedules to ensure that all clients who are within their premises prior to the end of official working hours are attended to and served even during lunch break and after regular working hours.

(f) Identification Card — All employees transacting with the public shall be provided with an official identification card which should be visibly worn during office hours.

(g) Establishment of Public Assistance/Complaints Desk — Each office or agency shall establish a public assistance/complaints desk in all their offices.

If you feel that these agencies fell short of expectations, you can file a complaint at http://www.gov.ph/feedback/idulog or call 8888 to report the violation. Aside from complaints, the website also caters to suggestions, compliment, general inquiries and much more. You can even request for an official document or request a message from the President. The form for filing a complaint is also available on the website. 

Can self-employed Social Security System (SSS) members enjoy the same retirement benefits as members employed by companies?

The good news is, the retirement benefits are not only granted to SSS members who are employed because it is also given to self-employed members. This is according to Republic Act No. 8282 or the Social Security Law of 1997 .

What does it take to be qualified for retirement benefits?

A self-employed will only be qualified for these retirement benefits if they have made a payment of at least one hundred twenty (120) monthly contributions prior to the semester of the member's retirement. The benefits will be enjoyed the moment you reach the age of sixty years and have already ceased being self-employed, or you have reached the age of sixty-five years.

You also have an option to receive your first eighteen monthly pensions in lump sum discounted at preferential rate of interest and this will be determined by the SSS. However if the self-employed member failed to pay the required contributions upon reaching sixty years of age, the lump sum that will be received will be based on the total contributions already paid.

In the event of self-employed member's death, primary beneficiaries will be entitled to receive a monthly pension if the member had already been receiving the retirement benefit. Your secondary beneficiaries will be the ones to receive the lump sum if you pass away within sixty months from the start of your monthly pension, provided you do not have primary beneficiaries.

Additional details about the benefits and contributions of self-employed members are stipulated in Republic Act. No. 8282:

"SEC. 9-A. Compulsory Coverage of the Self-Employed. - Coverage in the SSS shall also be compulsory upon such self-employed persons as may be determined by the Commission under such rules and regulations as it may prescribe, including but not limited to the following:

"1. All self-employed professionals;

"2. Partners and single proprietors of businesses;

"3. Actors and actresses, directors, scriptwriters and news correspondents who do not fall within the definition of the term "employee" in Section 8 (d) of this Act;

"4. Professional athletes, coaches, trainers and jockeys; and

"5. Individual farmers and fishermen.

"Unless otherwise specified herein, all provisions of this Act applicable to covered employees shall also be applicable to the covered self-employed persons.

"SEC. 10. Effective Date of Coverage. - Compulsory coverage of the employer shall take effect on the first day of his operation and that of the employee on the day of his employment: Provided, That the compulsory coverage of the self-employed person shall take effect upon his registration with the SSS.

"SEC. 11. Effect of Separation from Employment. - When an employee under compulsory coverage is separated from employment, his employer's contribution on his account and his obligation to pay contributions arising from that employment shall cease at the end of the month of separation, but said employee shall be credited with all contributions paid on his behalf and entitled to benefits according to the provisions of this Act. He may, however, continue to pay the total contributions to maintain his right to full benefit.

"SEC. 11-A. Effect of Interruption of Business or Professional Income. - If the self-employed realizes no income in any given month, he shall not be required to pay contributions for that month. He may, however, be allowed to continue paying contributions under the same rules and regulations applicable to a separated employee member: Provided, That no retroactive payment of contributions shall be allowed other than as prescribed under Section Twenty-two-A hereof.

"SEC. 12. Monthly Pension. - (a) The monthly pension shall be the highest of the following amounts:

"(1) The sum of the following:

"(i) Three hundred pesos (P300.00; plus

"(ii) Twenty percent (20%) of the average monthly salary credit; plus

"(iii) Two percent (2%) of the average monthly salary credit for each credited year of service in excess of ten (10) years; or

"(2) Forth percent (40%) of the average monthly salary credit; or

"(3) One thousand pesos (P1,000.00): Provided, That the monthly pension shall in no case be paid for an aggregate amount of less than sixty (60) months.

"(b) Notwithstanding the preceding paragraph, the minimum pension shall be One thousand two hundred pesos (P1,200.00) for members with at least ten (10) credited years of service and Two thousand four hundred pesos (P2,400.00) for those with twenty (20) credited years of service.

"SEC. 12-A. Dependents' Pension. - Where monthly pension is payable on account of death, permanent total disability or retirement, dependents' pension equivalent to ten percent (10%) of the monthly pension or Two hundred fifty pesos (P250.00), whichever is higher, shall also be paid for each dependent child conceived on or before the date of the contingency but not exceeding five (5), beginning with the youngest and without substitution: Provided, That where there are legitimate or illegitimate children, the former shall be preferred.

SEC. 12-B. Retirement Benefits. - (a) A member who has paid at least one hundred twenty (120) monthly contributions prior to the semester of retirement and who: (1) has reached the age of sixty (60) years and is already separated from employment or has ceased to be self-employed; or (2) has reached the age of sixty-five (65) years, shall be entitled for as long as he lives to the monthly pension: Provided, That he shall have the option to receive his first eighteen (18) monthly pensions in lump sum discounted at a preferential rate of interest to be determined by the SSS.

"(b) A covered member who is sixty (60) 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 suspended upon the reemployment or resumption of self-employment of a retired member who is less than sixty-five (65) years old. He shall again be subject to Section Eighteen and his employer to Section Nineteen of this Act.

"(d) Upon the death of the retired member, his primary beneficiaries as of the date of his retirement shall be entitled to receive the monthly pension: Provided, That if he has no primary beneficiaries and he dies within sixty (60) months from the start of his monthly pension, his secondary beneficiaries shall be entitled to a lump sum benefit equivalent to the total monthly pensions corresponding to the balance of the five-year guaranteed period, excluding the dependents' pension.

"(e) The monthly pension of a member who retires after reaching age sixty (60) shall be the higher of either: (1) the monthly pension computed at the earliest time he could have retired had he been separated from employment or ceased to be self-employed plus all adjustments thereto; or (2) the monthly pension computed at the time when he actually retires.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Simple Versus Complex Transactions

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

Penalties

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

(a) Light Offense -

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

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

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

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

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

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

Penalties for light offense shall be as follows:

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

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

    Third Offense - Dismissal and perpetual disqualification from public service.

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

Penalty - Dismissal and perpetual disqualification from public service."

Fixers

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

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

Applying for government-issued ID or processing documents often require an applicant to secure essential requirements such as the birth certificate. However, a problem with your birth certificate can lengthen the process and may even deter you from having a smooth and hassle-free transaction. If you do not have an idea how to go about correcting errors, you will surely find the process daunting. One of the common problems that you may encounter is a missing first name on your birth certificate. In this case, you need to file a supplemental report to supply the missing entry.

Aside from the owner of the record, the following individuals are also allowed to file:

•    Owner’s spouse
•    Children
•    Brothers
•    Parents
•    Sisters
•    Grandparents
•    Guardian
•    Other person duly authorized by law or by the owner of the document sought to be corrected;
•    In the event that the owner of the record is a minor or mentally or physically incapacitated, the spouse, or any of his parents, children, brothers; sisters; grandparents, guardians or duly authorized by law must file a petition.

The supplemental report shall be filed with the local civil registry office of the municipality or city where the birth is registered if born in the Philippines. If born abroad, the supplemental report shall be filed with the Philippine Consulate where the birth was report. However, if the person born abroad is already in the Philippines, the supporting documents required for filing a supplemental report must be coursed through the Department of Foreign Affairs, Office of Consular Affairs.

The missing entry will be supplied through an affidavit indicating the entry missed in the registration and the reasons there was a failure in supplying the required entry. It may also be necessary to supply any supporting documents that will show the first name of the child.

If the first name is misspelled in the birth certificate, it should be corrected by filing a petition to correct the clerical error under the provisions of Republic Act 9048. Filing a petition for wrongly spelled first name is almost the same as the process of supplying the missing first name except that the applicant must secure some supporting documents such as the certified machine copy of the birth record which contains the entry to be corrected, certificate of posting, not less than two private or public documents, filing fee and other documents which the civil registrar may require you to supply.  You can also visit the official website of Philippine Statistics Authority for additional solutions to your problems with your birth certificate.

It has been recently reported that the voter’s data had been stolen by hackers from the Comelec’s database.  There unlawful use of stolen data is considered a violation of Data Privacy Act according to the acting Justice Secretary Emmanual Caparas. The Comelec is the rightful owner of the stolen information and the unauthorized individuals who use the information will face the consequences for the violation. Although the   leaked poll data is a serious issue, Caparas assured that it should not be a cause for alarm as the integrity of May 9 election will not be compromised. The Department of Justice together with the foreign agencies are also doing their best to hunt down the person/s responsible for hacking the Comelec’s database system.

SECURITY OF PERSONAL INFORMATION

“SEC. 20. Security of Personal Information. – (a) The personal information controller must implement reasonable and appropriate organizational, physical and technical measures intended for the protection of personal information against any accidental or unlawful destruction, alteration and disclosure, as well as against any other unlawful processing.

(b) The personal information controller shall implement reasonable and appropriate measures to protect personal information against natural dangers such as accidental loss or destruction, and human dangers such as unlawful access, fraudulent misuse, unlawful destruction, alteration and contamination.

(c) The determination of the appropriate level of security under this section must take into account the nature of the personal information to be protected, the risks represented by the processing, the size of the organization and complexity of its operations, current data privacy best practices and the cost of security implementation. Subject to guidelines as the Commission may issue from time to time, the measures implemented must include:

(1) Safeguards to protect its computer network against accidental, unlawful or unauthorized usage or interference with or hindering of their functioning or availability;

(2) A security policy with respect to the processing of personal information;

(3) A process for identifying and accessing reasonably foreseeable vulnerabilities in its computer networks, and for taking preventive, corrective and mitigating action against security incidents that can lead to a security breach; and

(4) Regular monitoring for security breaches and a process for taking preventive, corrective and mitigating action against security incidents that can lead to a security breach.

(d) The personal information controller must further ensure that third parties processing personal information on its behalf shall implement the security measures required by this provision.

(e) The employees, agents or representatives of a personal information controller who are involved in the processing of personal information shall operate and hold personal information under strict confidentiality if the personal information are not intended for public disclosure. This obligation shall continue even after leaving the public service, transfer to another position or upon termination of employment or contractual relations.

(f) The personal information controller shall promptly notify the Commission and affected data subjects when sensitive personal information or other information that may, under the circumstances, be used to enable identity fraud are reasonably believed to have been acquired by an unauthorized person, and the personal information controller or the Commission believes (bat such unauthorized acquisition is likely to give rise to a real risk of serious harm to any affected data subject. The notification shall at least describe the nature of the breach, the sensitive personal information possibly involved, and the measures taken by the entity to address the breach. Notification may be delayed only to the extent necessary to determine the scope of the breach, to prevent further disclosures, or to restore reasonable integrity to the information and communications system.

(1) In evaluating if notification is unwarranted, the Commission may take into account compliance by the personal information controller with this section and existence of good faith in the acquisition of personal information.

(2) The Commission may exempt a personal information controller from notification where, in its reasonable judgment, such notification would not be in the public interest or in the interests of the affected data subjects.

(3) The Commission may authorize postponement of notification where it may hinder the progress of a criminal investigation related to a serious breach.”