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Attorneys of the Philippines Legal News

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

Strange Laws You Never Knew Existed: Part 8 Of 15 Squatting Is Not Considered A Crime

In a country where poverty is one of the biggest challenges that the government faces, you just cannot turn a blind eye on squatters, which are clear and undeniable proof that something needs to be done when it comes to finding these individuals a better place to roost in. Past and present administrations have continued to delve deeper into the root cause of the growing numbers of squatters in and around Metro Manila. 

It constantly ignites a spark of controversy and many fingers have been pointed at the present administration. In the hopes of giving equal rights to the less fortunate, Republic Act 8368 or better known as the “Anti-Squatting Law Repeal Act of 1997” repealed Presidential Decree No. 772. The Presidential Decree penalized squatting and with the repeal act, squatting is deemed a non-crime due to the fact that the squatters themselves are also victims of injustice and unequal social system. 

Under Section 2 of Presidential Decree No. 772, “Any person who, with the use of force, intimidation or threat, or taking advantage of the absence or tolerance of the landowner, succeeds in occupying or possessing the property of the latter against his will for residential commercial or any other purposes, shall be punished by an imprisonment ranging from six months to one year or a fine of not less than one thousand nor more than five thousand pesos at the discretion of the court, with subsidiary imprisonment in case of insolvency.”

Land owners may slightly have a clue which side this Republic Act is on and as a consolation the act does not exempt the so-called professional syndicates and squatters. The squatting syndicates refer to groups of people who are engaged in squatting housing business for their personal gain or profit. Professional squatters are individuals or groups who occupy the land without permission from the landowner. They are referred to as professional squatters because they have sufficient income for legitimate housing. People who have sold their housing units or homelots awarded by the government and chosen to settle illegally in the same place are also considered professional squatters. This law can be found in Republic Act 7279 or the “ Urban Development and Housing Act of 1992.” 

Under Section 16 of the Republic Act:

“Sec.  16. Eligibility Criteria for Socialized Housing Program Beneficiaries. — To qualify for the socialized housing program, a beneficiary: 

(a) Must be a Filipino citizen; 

(b) Must be an underprivileged and homeless citizen, as defined in Section 3 of this Act; 

(c) Must not own any real property whether in the urban or rural areas; and 

(d) Must not be a professional squatter or a member of squatting syndicates.”

Strange Laws You Never Knew Existed: Part 7 Of 15 Drawing Of Lots Breaks An Election Tie

Elections provide voters a unique form or element of entertainment not only due to the list of candidates filing for certificate of candidacy, but also due to the complexities of the electoral system. Before the results are released, voters need to wait for several weeks as the canvassing of election results can be a long and tedious process. There will be disputes, which can delay the declaration process. 

The Philippine elections give voters some sort of confusion and excitement when two candidates have tied. Instead of undergoing another voting process, the tie is simply broken by drawing of lots. While this method may appear to be tongue-in-cheek, it is covered by Resolution No. 9648. “In case there are candidates receiving the same number of votes for the same position, the Board immediately notify the said candidates to appear before them for the drawing of lots to break the tie. The drawing of lots should be conducted within one (1) hour after issuance of notice by the Board of candidates concerned.” 

“The candidate who won in the drawing of lots and so proclaimed shall have the right to assume office in the same manner as if he had been elected by plurality of votes.”

This electoral system is also under Section 240 of the Omnibus Election Code: “Whenever it shall appear from the canvass that two or more candidates have received an equal and highest number of votes, or in cases where two or more candidates are to be elected for the same position and two or more candidates received the same number of votes for the last place in the number to be elected, the board of canvassers, after recording this fact in its minutes, shall by resolution, upon five days notice to all the tied candidates, hold a special public meeting at which the board of canvassers shall proceed to the drawing of lots of the candidates who have tied and shall proclaim as elected the candidates who may be favored by luck, and the candidates so proclaimed shall have the right to assume office in the same manner as if he had been elected by plurality of vote.”

During the 2013 general elections, San Teodoro, Oriental Mindoro mayoralty candidates tossed a coin to break the tie. Although this is considered an unconventional electoral system, it is not considered unique as there are states in the US that also follow the same method. 

Filing For Certificates Of Candidacy For Presidency And The 2016 National Elections

As you rivet to the TV screen, political campaign ads seem to remind voters that a few months from now, another person will lead the country. As the 2016 national elections approach, political aspirants are also making necessary preparations. On October 12, Commission on Elections (COMELEC) welcomed candidates who wished to pursue political seats. The filing for the Certificates of Candidacy (COC), has also been a source of entertainment for the nation. 

Aside from the familiar faces in Philippine government, there are also ordinary citizens who wish to give the presidential seat a try. These presidential hopefuls have platforms that are out of the ordinary. 

Under the Constitution, an individual can only aspire for the highest seat in the government if they meet the following criteria: 

1. natural born citizen of the Philippines

2. registered voter

3. able to read and write

4. at least 40 years of age on the day of election

5. resident of the Philippines for at least 10 years immediately preceding the election.

However, not everyone who files for certificate of candidacy for presidency is considered an official candidate. After filing, all of the candidates are subject for deliberation and it is then that the official candidates will be announced. 

Under Section 69 of the Omnibus Election Code, “The Commission may motu proprio or upon a verified petition of an interested party, refuse to give due course to or cancel a certificate of candidacy if it is shown that said certificate has been filed to put the election process in mockery or disrepute or to cause confusion among the voters by the similarity of the names of the registered candidates or by other circumstances or acts which clearly demonstrate that the candidate has no bona fide intention to run for the office for which the certificate of candidacy has been filed and thus prevent a faithful determination of the true will of the electorate.”

Under Section 72, “Any candidate who has been declared by final judgment to be disqualified shall not be voted for, and the votes cast for him shall not be counted. Nevertheless, if for any reason, a candidate is not declared by final judgment before an election to be disqualified and he is voted for and receives the winning number of votes in such election, his violation of the provisions of the preceding sections shall not prevent his proclamation and assumption to office.”

According to COMELEC, an independent candidate can also be considered nuisance if they do not have the capacity to support a national campaign. While these independent candidates can be a form of entertainment considering the fact that national elections are filled with tension, stringent laws weed them out when the number of candidates filing for candidacy becomes out of control.

Strange Laws You Never Knew Existed: Part 5 of 15 Bank Secrecy Law

The Bank Secrecy Law really rings a bell and it is just a great reminder of the significant event  that ousted one of the Philippine presidents from his office in 2001. People clamored and took their turmoil to the streets of EDSA, hence EDSA 2 came to existence. The Filipino people were compared to a ticking time bomb, waiting to explode due to the refusal of the former president to open "the envelope". 

The refusal was enough to create social mayhem and endless outburst, which were appeased when the impeachment trial finally pushed through. Former President Joseph "Erap" Estrada was charged with plunder and perjury. While he was not guilty of perjury, he was found guilty of plunder and was sentenced to reclusion perpetua. Well, being an actor and protagonist that he was, there was not even the slightest element of surprise when the "plot" worked in his favor, placing him on house arrest. 

Juan dela Cruz should not wonder when a politician charged of a crime, suddenly becomes ill. When politicians are plagued with diseases after being found guilty of a crime,  you know what is going to happen next: the politician will be sent home on vacation or words to that effect. 

Under Section 2 of the Republic Act No. 1405 or An Act Of Prohibiting Disclosure Of Or Inquiry Into, Deposits With Any Banking Institution And Providing Penalty Therefor, "all deposits of whatever nature with banks or banking institutions in the Philippines including investments in bonds issued by the Government of the Philippines, its political subdivisions and its instrumentalities, are hereby considered as of an absolutely confidential nature and may not be examined, inquired or looked into by any person, government official, bureau or office, except upon written permission of depositor, or in cases of impeachment or upon order of a competent court..."

Under Section 2 of the Republic Act No. 6426 or An Act Instituting Foreign Currency Deposit System In The Philippines, And For Other Purposes, "any person, natural or juridical, may, in accordance with the provisions of this Act, deposit with such Philippine banks in good standing, as may, upon application, be designated by the Central Bank for the purpose, foreign currencies which are acceptable as part of the international reserve, except those which are required by the Central Bank..."

With this law, any politician accused of plunder or perjury stands a chance of getting out of this situation scot-free. They can simply put up a facade as though nothing happened and after which, they are back to business. 

Strange Laws You Never Knew Existed: Part 2 of 15 Number Coding Scheme

One thing that will sure serve as a reminder you are residing in Manila is the heavy traffic, which has become a regular part of a Filipino commuter's life. The dreaded peak hour and the heavily congested roads in Metro Manila have caused such a hooha. The number of vehicles that are lined up like ants, are longer than the patience adhering to your nerves. 

Without a doubt, the worsening traffic situation in Manila can make you want to sing "Welcome to the Jungle". Then came the Number Coding Scheme, which was referred to as the Unified Vehicular Volume Reduction Program. It was previously mistaken as the Color Coding Scheme and drivers in Metro Manila are pretty much aware of this ordinance. 

The Number Coding Scheme came to existence to address the problems with the traffic situation in Metro Manila. The scheme took effect in March 2003 and it is said to manage traffic situation by means of reducing the number of vehicles on the street. A certain plate number is barred from traveling in Metro Manila in a particular day. For instance, plates ending in 1 and 2 are prohibited on the streets on Monday between 7 AM to 7 PM. Window hours may also apply depending on the city. 

The Number Coding Scheme can make or break your day. For a regular commuter, it can either be relieving or traumatizing. The scheme does not apply during weekends and holidays. Any rule has an exception and the Number Coding Scheme also applies some especially on special cases and emergencies. If a vehicle has a passenger that requires immediate medical attention, the Number Coding Scheme will no longer be necessary.

Even doctors and other medical practitioners can also apply to be excused from the Number Coding Scheme. There are also cities in Metro Manila that exempt senior citizens from following the scheme. In Makati, senior citizens with BLU card no longer need to adhere to this rule. If caught, all they need to do is to present the BLU card. 

Guidelines on this scheme have already been updated, but until now, the problems with traffic in Metro Manila remain the same. Now, if you don't want to get stuck in a nightmarish peak-hour routine, stay cooped up in your room if it is unnecessary to go out. Unfortunately, people who need to go to work have to bear with the endless and torturous toing and froing. 

It's going to be a normal routine for you unless you decide to escape the concrete jungle and choose to live in a place away from the distractions and demands of a modern city. Indeed, it is a love-hate relationship with Metro Manila due to heavy traffic. Manila: love it, leave it. 

 

Get To Know The Philippine Government Agencies

In the Philippines, the government agencies are divided into three branches: the Legislative Branch, the Executive Branch and the Judicial Branch. We are already familiar with some of the National Agencies, but others may seem foreign to us. These agencies can become part and parcel of our lives. We may get ourselves into a situation that require assistance from them. This is why obtaining some information about government agencies pays off. 

We may not have the luxury of time to read deep as we often find ourselves skimming through the web pages, but getting quick access to these agencies can make a huge difference. 

The Legislative Department

The Congress of the Philippines which consists of the Senate and House of the Representatives has legislative power. It is composed of sectoral and district representatives who are elected for a term of three years. Although these representatives can be re-elected, they are not allowed to run for a fourth consecutive term. 

The Executive Department 

The President of the Philippines has executive power. At present, it is headed by President Benigno Aquino lll of the Liberal Party. The President is also considered the Commander-in-Chief of the Armed Forces of the Philippines. Vice President Jejomar Binay is second highest official of the United Alliance, catapulted to his current position by popular vote. As a  general rule, the Vice President is the first in line in terms of succession in the event the President resigns, dies or is impeached. 

The Judicial Department 

The Supreme Court of the Philippines and the lower courts established by law have judicial power. The Supreme Court has a Chief Justice and 14 Associate Justices. The President appoints the justices on the recommendation of the Judicial Bar and Council of the Philippines. 

 



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