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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.

Fake News: The Fact In Fiction?

A typical day in the life of a mouse potato usually starts with checking some share-worthy news on Facebook and Twitter. Some rely more on social media for some juicy tidbits than reading the newspaper. So if you are looking for some words of wastedom, err wisdom, the Internet is probably the suitable place you would consider going to. In a world of fake, would you still put your trust in news you come across online? While it may seem legitimate, the information is either half-baked or for lack of a better term, not baked at all. Whether the news is about a celebrity who died of suicide, a prime minister commending a politician for his exemplary performance or a wonder cure for a disease you cannot even pronounce, fake news stays in the realm of fiction.

Facebook alone has about 1.7 billion users and it has become a breeding ground for fake stories and misinformation. Anything with a catchy headline is worth sharing right? Everyone can fall prey to what seemed like a compelling piece of information, but sharing or spreading fake news or believing in one is just as bad as rumor mongering. It misleads people, creates chaos, causes disarray, and even damage a person. If you are unsure of the source, it is much better to dissect the information before spreading the word.

Also, the following sites are only meant to entertain. Whenever you come across satirical articles on these sites, please keep in mind that they are intended to inject humor, sarcasm and irony.

1.Professional Heckler (https://professionalheckler.com)

2.Adobo Chronicles (https://adobochronicles.com/)

3.Mosquito Press (http://mosquitopress.tumblr.com/)

4.Agila News (https://agilanews.wordpress.com)

5.So, What’s News? (https://sowhatsnews.wordpress.com/)

DECLARING UNLAWFUL RUMOR-MONGERING AND SPREADING FALSE INFORMATION

WHEREAS, a primordial objective of Proclamation No. 1081 dated September 21, 1972 is the early restoration of peace, order and tranquility throughout the country;

WHEREAS, one of the most insidious means of disrupting such peace, order and tranquility is the utterance, publication, distribution, circulation and spread of rumors, false news or information and gossip that cause divisive effects among the people, discredit of or distrust for the duly constituted authorities and/or that undermine the stability of the government and the objectives of the New Society and, therefore, inimical to the best interests of the State;

WHEREAS, to attain the aforesaid primordial objective of Proclamation No. 1081, it is imperative that such acts be curbed and penalized;

NOW, THEREFORE, I, FERDINAND E. MARCOS, in my capacity as Commander-in-Chief of all the Armed Forces of the Philippines and pursuant to Proclamation No. 1081 dated September 21, 1972, do hereby order and decree that any person who shall offer, publish, distribute, circulate and spread rumors, false news and information and gossip, or cause the publication, distribution, circulation or spreading of the same, which cause or tend to cause panic, divisive effects among the people, discredit of or distrust for the duly constituted authorities, undermine the stability of the Government and the objectives of the New Society, endanger the public order, or cause damage to the interest or credit of the State shall, upon conviction, be punished by prision correccional. In case the offender is a government official or employee, the accessory penalty of absolute perpetual disqualification from holding any public office shall be imposed.

Done in the City of Manila, this 6th day of January, in the year of Our Lord, nineteen hundred and seventy-three.

[VIDEO]Philippines Officials Want To Bring Back Death Penalty For Peter Scully

What could be worse than filming an 18-month-old baby and selling the sex video for up to $10,000 to both American and European buyers? No words can ever describe the monstrosity and evil machinations of Peter Scully and his minions. One of the worst videos, called Daisy's Destruction shows an 18-month-old baby girl tied upside down by her feet. The baby was sexually assaulted and bashed by two of Scully's Pinay girlfriends. The video brought tears to the investigators in the Philippines as it was just beyond acceptable. It is even unsettling when the tortured girl screams and cries because of what seemed to be an endless torture inflicted upon her. Chief presecutor Jaime Umpa told the court that if he had a choice, it would be death for Scully. If death penalty will not be served to Scully, another option is to reintroduce serving 100 years in jail.

News Source:https://www.youtube.com/watch?https://au.news.yahoo.com/a/32704194/philippines-considering-bringing-back-death-penalty-for-accused-australian-pedophile/#page1

Why Should You Not Drink And Drive

Have you ever basked in the solace of beer or dangerous drugs? Have you been on a downward spiral toward depression that you consider these substances as a quick but temporary fix? Is having fun incomplete without drowning yourself in these substances? When you are under the influence of alcohol or dangerous drugs, you do things you do not normally do as inhibitions are unleashed. When you no longer know where to draw the line, it seems so easy to flirt with danger and even go steady with death. Intoxication can breed danger or pose a threat to your life and to other people. Drinking should not be intertwined with driving. Here's why:

Implementing Rules And Regulations

"REPUBLIC ACT NO. 10586
AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF ALCOHOL, DANGEROUS DRUGS, AND SIMILAR SUBSTANCES, AND FOR OTHER PURPOSES
SEC. 4. Driver’s Education. – Every applicant for a motor vehicle driver’s license shall complete a course of instruction that provides information on safe driving including, but not limited to, the effects of the consumption of alcoholic beverages on the ability of a person to operate a motor vehicle, the hazards of driving under the influence of alcohol, dangerous drugs and/or other similar substances, and the penalties attached for violation thereof.

For professional drivers, every applicant for a driver’s license or those applying for renewal thereof shall undergo the driver’s education herein stated.

The driver’s license written examination shall include questions concerning the effects of alcohol and drug intoxication on the ability of a person to operate a motor vehicle and the legal and pecuniary consequences resulting from violation of the provisions of this Act.

SEC. 5. Punishable Act. – It shall be unlawful for any person to drive a motor vehicle while under the influence of alcohol, dangerous drugs and/or other similar substances.

SEC. 6. Conduct of Field Sobriety, Chemical and Confirmatory Tests. – A law enforcement officer who has probable cause to believe that a person is driving under the influence of alcohol, dangerous drugs and/or other similar substances by apparent indications and manifestations, including overspeeding, weaving, lane straddling, sudden stops, swerving, poor coordination or the evident smell of alcohol in a person’s breath or signs of use of dangerous drugs and other similar substances, shall conduct field sobriety tests.

If the driver fails in the sobriety tests, it shall be the duty of the law enforcement officer to implement the mandatory determination of the driver’s blood alcohol concentration level through the use of a breath analyzer or similar measuring instrument.

If the law enforcement officer has probable cause to believe that a person is driving under the influence of dangerous drugs and/or other similar substances, it shall be the duty of the law enforcement officer to bring the driver to the nearest police station to be subjected to a drug screening test and, if necessary, a drug confirmatory test as mandated under Republic Act No. 9165.

Law enforcement officers and deputized local traffic enforcement officers shall be responsible in implementing this section.

SEC. 7. Mandatory Alcohol and Chemical Testing of Drivers Involved in Motor Vehicular Accidents. – A driver of a motor vehicle involved in a vehicular accident resulting in the loss of human life or physical injuries shall be subjected to chemical tests, including a drug screening test and, if necessary, a drug confirmatory test as mandated under Republic Act No. 9165, to determine the presence and/or concentration of alcohol, dangerous drugs and/or similar substances in the bloodstream or body.

SEC. 8. Refusal to Subject Oneself to Mandatory Tests. – A driver of a motor vehicle who refuses to undergo the mandatory field sobriety and drug tests under Sections 6, 7 and 15 of this Act shall be penalized by the confiscation and automatic revocation of his or her driver’s license, in addition to other penalties provided herein and/or other pertinent laws."

Calling It Quits Through A Notarized Document

The husband and wife may decide to call it quits because a spark of romance no longer ignites their relationship. Sometimes, married couples stay together because of their children. When the time comes that they cannot stand each other, separation is the only option worth-exploring. By separation means being physically separated without going through any judicial process. After a long period of physical separation, both parties may decide to find somebody new and start all over again.

The common misconception of separated husband and wife is that long separation automatically nullifies marriage. This is not true at all. Even if you have separated for more than 10 years, it does not deny the fact that your marriage is still valid. Death and judicial process are the options that can declare your marriage null and void.

Preparing and notarizing a document that declare both parties free to marry other individuals may be an alternative to the judicial process that married couples need to undergo. The document is also a proof that they will not file charges of concubinage or adultery against each other. Are these documents enough to nullify marriage or allow both parties to remarry?

Illegal, Immoral, Void

Since 1933, the Supreme Court has ruled that these documents are considered illegal, immoral and void. This rule has been in existence for 83 years. If ever judges, lawyers and notaries-public have prepared and signed this kind of document, they will be reprimanded by the Court. Penalties such as suspension or disbarment will be imposed. Unfortunately, these practices still exist.

These documents will not vindicate both parties in the event they commit a crime of adultery or concubinage. According to Article 221, Civil code, "any contract for personal separation between husband and wife and every extra judicial agreement, during the marriage, for the dissolution of the conjugal partnership" will be considered void by the law to preserve the institutions of the family and marriage. Even a notarized document will be not be considered as a way of facilitating the disintegration of a marriage nor will it encourage the separation of spouses.

For anyone who may attempt to use a notarized document for the belief that it is enough to remarry someone just because it has been notarized by a lawyer or a judge, you need to think again. You can run from the law, but you can never hide. Since the process involved in filing for nullity of marriage is long and expensive, an attempt to reconcile is still deemed necessary.

Things You Need To Check Before Signing A Tenancy Agreement

Renting a property is indeed very challenging especially when it comes to following rules. Due to excitement, the tenant may immediately sign the contract without reading the content of the tenancy agreement. It is important to ask questions before you consider signing the lease agreement to prevent problems from arising in the future.

1. Mode of payment

Before you sign the lease agreement, be sure you find out about the mode of payment accepted. More often than not, the landlord will prefer cash but check or bank transfer may also be an option. Aside from the mode of payment, you should also ask about the specific date that the payment should be made.

2. Utilities you are responsible for

Some landlords include utilities like water and electricity to the rental payment while others may also consider paying the utilities separately. Make sure you settle issues of utilities so confusion can be avoided.

3. Repair and Renovation of the Property

It is important to know whether or not it is allowed to make changes to the property. Some landlords allow repair and renovation while others may not agree with it. The landlord's policy regarding re-designing the rental space is usually specified on the contract.

4. Guest Policy

You have to keep in mind that the policy when renting an apartment or other types of rental property may vary from landlord to landlord. There are landlords who prefer to set specific visiting hours and prohibit tenants from accepting visitors in the middle of the night due to security issues. Before you move in, ask the time you can accept or bring a guest.

5. Bringing Pets

Again, some landlords do not mind bringing your furry friends, but there are owners that either prohibit pets in the property or expect a pet deposit. Ask in advance to find out.

6. Maintenance Problem

It can be inevitable to encounter maintenance emergency when you are supposed to have a good night's sleep. The landlord must be quick to respond to maintenance problems. You should know if the landlord has a reliable repairman who will come to the rescue in case of maintenance emergency.

7. Damage and Security Deposit

The security deposit serves as your bond in the event you have incurred damage in the property. However, if you choose to not renew your contract and there are no damages in the property, you need to get a refund of your security deposit. Ask the landlord if they allow documenting current damage in the rental property for future reference.

8.Non-Refundable Security Deposit

Normal wear and tear can be an issue that may cause the landlord to hold the deposit. Be sure to arm yourself with sufficient knowledge about the reasons for not getting your security deposit back.

Abused Women And Their Children: Not Waving But Drowning

Many women cry(or even die) in silence and the bruises all over their body are tell tale signs of domestic abuse. According to the Center for Women's Resources (CWR), from year 2010 and 2014, the violations of the Anti-Violence Against Women and Children Act increased by 200 percent.  In a country where male dominance is still considered part of the culture, some women remain submissive despite the pain they have to endure. Victims of domestic violence continue to be in chains because of giving importance to the sanctity of marriage. Women who are abused also stay for the sake of their children, but the trauma continues as children would sometimes witness the physical and emotional torture being inflicted upon the mother. In fact, children are not spared from violence because their frail body is also used as punching bag when the father has temper tantrums. Unfortunately, violence is not limited to physical abuse. So, what are considered acts of violence against women and their women.

SEC. 5. Acts of violence against women and their children under R.A. No. 9262.—Violence against women and their children is committed through any of the following acts:

(a)            Causing, threatening or attempting to cause physical harm to the woman or her child;

(b)            Placing the woman or her child in fear of imminent physical harm;

(c)            Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or to desist from conduct which the woman or her child has the right to engage in, or attempting to restrict .or restricting the woman’s or her child’s freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical on other harm, or intimidation directed against the woman or her child.

This shall include, but is not limited to, the following acts committed with the purpose or effect of controlling or restricting the movement or conduct of the woman or her child:

(1)     Threatening to deprive or actually depriving the woman or her child of custody or access to her/his family;

(2)     Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman’s children insufficient financial support;

(3)     Depriving or threatening to deprive the woman or her child of a legal right; and

(4)     Preventing the woman from engaging in any legitimate profession, occupation, business or activity except in cases where the spouse or partner on valid, serious  and moral grounds, or controlling the victim’s own money or property, or solely controlling the conjugal or common money or property;

(d)            Inflicting or threatening to inflict physical ham on oneself for the purpose of controlling her actions or decisions;

(e)            Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman   or her child or her/his immediate family;

(f)             Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child.

This shall include, but is not limited to, the following acts:

(1)     Stalking or following the woman or her child in public or private places;

(2)     Peering in the window or lingering outside the residence of the woman or her child;

(3)     Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;

(4)     Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or child; and

(5)     Engaging in any form of harassment or violence; or

(g)            Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of a minor child or denial of access to the woman’s child.

How Would You Know You Are Committing Cyber-Bullying Via Social Media?

It seems so easy to pick on someone via social media because of the freedom to remain anonymous. Cyber-bullying has been plaguing people because of the damage it causes that are sometimes beyond repair. There are quite a few examples of cyber-bullying taken to extremes. Just recently, A woman was doing the rounds on the Internet because of ranting about a man whom he perceived to be "ungentleman" for failing to offer a seat during an MRT ride. Her comments went a little too personal that it earned the ire of netizens. Cyber-bullying did not end with just an exchange of derogatory remarks because the ones who criticized the woman were also doing the same thing.

What acts considered as cyber-bullying?

"a) Repeatedly sending offensive, rude and insulting message;

b) Distributing derogatory information about the victim;

c) Posting or sending offensive photos of the victim, whether these are digitally altered or not, or were taken with or without consent, with the intention to humiliate and embarrass the victim;

d) Breaking into an email, social networking or any electronic account and using the victim’s virtual identity to send, upload or distribute embarrassing materials to or about others;

e) Sharing the victim’s personal information or any embarrassing information, or tricking the victim into revealing personal or embarrassing information and sharing it to others; and

f) Repeatedly sending messages that include threats of harm or engaging in online activities that cause fear on the victim’s safety."

What to do about cyber-bullying?

1. Take a screenshot of the hateful messages and save it.
2. Be sure to inform your loved ones about the attacks you receive.
3. Inform the authorities about the attacks.
4. If the bully uses social accounts, report the account being used.
5. Change your mobile number if these are also being used for the attacks.
6. Deactivate your account and try to avoid going online for a time being. Online aggression from the bully can be monitored by your friends or family.
7. Seek professional counseling.
8. Seek police help.

Things may not always go your way, but this does not mean that you should use social media as an avenue for expressions. Be sure to think twice before posting anything to social media because not everyone understands. Remember that photos speak volumes and anyone can be a storyteller. Everyone can have a bad day, but instead of using Facebook and other social accounts to vent out, talk to your friends and loved ones. It saves you from bullying and being bullied plus you get advice from real people.

The Process Of Evicting A Non-Paying Tenant

While you may try to do everything to ensure renting out your property runs smoothly, there are still instances when you need to deal with a non-paying tenant. There might be other grounds for tenant eviction, but non-payment is the most common. Some prefer to create a verbal agreement while others secure a contract. With or without a contract, a tenant who fails to pay for a maximum of three months can be subject for ejectment. However, things are always easier said than done. Here's what you need to know about ejectment:

Grounds and process of ejectment

"Sec.  5.  Grounds for Judicial Ejectment. — Ejectment shall be allowed on the following grounds:

    a.  Subleasing or assignment of lease of residential units in whole or in part, without the written consent of the owner/lessor: Provided, That in case of subleases or assignments executed prior to the approval of this Act, the sublessor/assignor shall have sixty days from the effectivity of this Act within which to obtain the written approval of the owner/lessor or terminate the sublease or assignment.

    b.  Arrears in payment of rent for three (3) months at any one time: Provided, That in case of refusal by the lessor to accept payment of the rental agreed upon, the lessee shall either deposit, by way of consignation, the amount in court, or in a bank in the name of and with notice to the lessor.

    c.  Need of owner/lessor to repossess his property for his own use for the use of any immediate member of his family as a residential unit, such owner or immediate member not being the owner of any other available residential unit: Provided, however, That the period of lease has expired: Provided, further, That the lessor has given the lessee notice three months in advance of the lessor's intention to repossess the property: and Provided, finally, That the owner/lessor or immediate member stays in the residential unit for at least one year, except for justifiable cause.

    d.  Ownership by the lessee of another residential unit which he may use as his residence: Provided, That the lessee shall have been notified by the lessor of the intended ejectment three months in advance.

    e.  Need of the lessor to make necessary repairs of the leased premises which is the subject of an existing order of condemnation by the appropriate administrative authorities concerned in order to make the said premises safe and habitable: Provided, That after said repair, the lessee ejected shall have the right of first refusal of the lease of the same premises.

    f.  Expiration of the period of a written lease contract. "

Exact Change Is Indeed Coming

When you buy something from a store and the cashier or the store owner owes you a few cents, would you take the change given in the form of a candy? To some, a few cents are not that big of a deal, but shortchanging is considered a violation of the law. Perhaps you have also encountered a cashier from a business establishment asking you for a smaller bill, some will immediately search their pockets for some loose coins while others will give the cashier a questioning glance?

If you are in a hurry, you will simply leave an impression of indifference, take the change available to the cashier and forget about the missing cents. Customers who do not have the luxury of time to argue will not be too concerned with getting the exact change. However, with the Republic Act 10909 gaining traction in the Philippine law, shortchanging should be a big no-no. 

No Shortchanging Act

The law will not exempt establishments lacking loose coins or bills. Exact change must be given to the customer. There are also conditions when establishments are encouraged to provide excess change to ensure that the change given to the customer is not less than the amount due. Other alternatives such as giving candies will not be allowed in exchange to loose change. The amount may be small, but this should not be a reason for the customers to allow managers and staff to be spared from giving the exact change regardless of the amount.

The Penalties

If establishments fail to give the exact change to customers, a fine of P500 will be imposed for the first offense. For the second violation, there will be a suspension of business' license for 3 months and an additional fine of P25,000 will be imposed. For the third offense, the license to operate will be revoked and an additional fine of P25,000 will be imposed. The law applies to big and small establishments, even sari-sari stores. In case you purchase something, make sure you demand for exact change.

When Your Name Becomes Your Bane: Change Of Name

Your name serves as a weapon of identification, but it can be a bane of one's existence if the surname sounds funny or change. Perhaps you were one of those people making fun of your classmate's surname when you were in grade school or you were one of the hapless victims of bullying because you were not "blessed" with a nice sounding surname. There is nothing new to this scenario. In fact, people who hear funny names will instantly laugh just because. Well, you do not have to endure the problem with your surname because you now have the option to change it.

Changing surnames is now covered by the Rules of Court of the Philippines Special Proceedings. However, you need to file a petition at the Court of First Instance. You should also have valid reasons for changing your name. For instance, if you are changing your name because it has been a subject to ridicule, you need to substantiate the claims. Having a witness is also encouraged when filing a petition as this reduces the chance of the petition being denied. The reason to change your name is also highlighted under Section 4 of the Republic Act No. 9048.

" SECTION 4. Grounds for Change of First Name or Nickname. - The petition for change of first name or nickname may be allowed in any of the following cases:

1. The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely difficult to write or pronounce.
2. The new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that by that first name or nickname in the community: or
3. The change will avoid confusion."

Rule 103 (Change of Name)

"A person can effect a change of name under Rule 103 (CHANGE OF NAME) using valid and meritorious grounds including (a) when the name is ridiculous, dishonorable or extremely difficult to write or pronounce; (b) when the change results as a legal consequence such as legitimation; (c) when the change will avoid confusion; (d) when one has continuously used and been known since childhood by a Filipino name, and was unaware of alien parentage; (e) a sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and without prejudicing anybody; and (f) when the surname causes embarrassment and there is no showing that the desired  change  of name was for a fraudulent purpose or that the change of name would prejudice public interest.[17]  Respondent’s reason for changing his name cannot be considered as one of, or analogous to, recognized grounds, however."

The Rule Of Procedure For Small Claims Cases

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

The Steps For Filing For A Small Claims Case

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

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

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

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

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

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

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

>Contract of loan;

>Contract of services;

>Contract of sale; or

>Contract of mortgage;

For damages arising from:

>Fault or negligence;

>Quasi-contract; or

>Contract;

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

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

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

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

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

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

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

Where Should You Verify The Authenticity Of Land Titles?

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

1. Registry of Deeds

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

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

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

3. Land Registration Authority (LRA)

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

4. Housing and Land Use Regulatory Board (HLURB)

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

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

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

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

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

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

All You Need To Know About Legal Fees

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

Legal Fees

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1,500.00

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

1,750.00

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Can You Change An Illegitimate Child's Surname To His Father's?

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

Here are the requirements you need to prepare:

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

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

"Rule 3.   Who may file

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

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

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

The Basic Requirements And Procedures Of Getting Married

Getting married in the Philippines need not be complicated if you know the basic requirements and procedures. Whether it is a civil or church wedding, you need to make ample preparations so your wedding goes as planned. Applying for a marriage license is the first step you need to take as this is the most important document for civil or church wedding. The purpose of a marriage license is to verify your eligibility for marriage.  As much as possible, you should prepare both original and photocopy of the document.

You can claim your marriage license once you have completed the requirements. You will need to present the Certificates of Attendant to the LCR office where you have applied for your license. It is recommended that you file the registration within 15 days from the date of wedding celebration. The license will be released after 10 days from the date of application. The license will be considered valid for 120 days from the date of issue.

Requirements for securing a marriage license:

•    Community Tax Certificate (Cedula)
•    Application Form
•    NSO Authenticated birth certificate
•    Certificate of No Marriage
•    Recent 1x1 Photo
•    Affidavit of parental advice ( for groom or bride 22-25 years old )
•    Affidavit of parental consent (for groom or bride 18-21 years old)

Death certificate of the deceased spouse will be required from a widow or widower, while a certificate of legal capacity issued by the embassy will be required from a foreigner or an applicant who is not a Filipino citizen.

The marriage contract or license can be obtained from the Local Civil Registrar (LCR) office of the Municipal’s Office where the wedding will be held. The application form must be filled out with the necessary information. There are sections intended for groom and bride and after filling out the form, be sure to check the information before submitting the paper. You will be asked to attend seminars before getting married. These seminars are pre-marriage counselling and family planning and responsible parenthood seminar.  Both parties must attend the seminars.

Church wedding requirements:

•    marriage license,
•    baptismal and confirmation certificates
•    copy of NSO birth certificate
•    marriage preparation seminar
•    canonical interview
•    marriage banns
•     list of principal sponsors and entourage members
•     Confession

Civil wedding requirements:

•    Certified true copy of baptismal certificate or birth certificate of both parties
•    Marriage license
•    Community tax certificates
•    1 x 1 photo of each applicant
•    Certificate of attendance to a wedding seminar
•    Letter of intent to marry

Additional information about marriage can be found in Family Code of the Philippines:

“Art. 2. No marriage shall be valid, unless these essential requisites are present:
(1) Legal capacity of the contracting parties who must be a male and a female; and
(2) Consent freely given in the presence of the solemnizing officer. (53a)

Art. 3. The formal requisites of marriage are:

(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and
(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.

Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2).
A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.

Art. 5. Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38, may contract marriage.

Art. 6. No prescribed form or religious rite for the solemnization of the marriage is required. It shall be necessary, however, for the contracting parties to appear personally before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife. This declaration shall be contained in the marriage certificate which shall be signed by the contracting parties and their witnesses and attested by the solemnizing officer.

In case of a marriage in articulo mortis, when the party at the point of death is unable to sign the marriage certificate, it shall be sufficient for one of the witnesses to the marriage to write the name of said party, which fact shall be attested by the solemnizing officer.

Art. 7. Marriage may be solemnized by:

(1) Any incumbent member of the judiciary within the court’s jurisdiction;
(2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general, acting within the limits of the written authority granted by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer’s church or religious sect;
(3) Any ship captain or airplane chief only in the case mentioned in Article 31;
(4)  Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, likewise only in the cases mentioned in Article 32;
(5) Any consul-general, consul or vice-consul in the case provided in Article 10.”

The Restoration Of Death Penalty

History has already proven the existence of capital punishment. People have mixed reactions and opinions regarding death penalty. Some consider death penalty to be a way to curb crimes while others are sceptical with the idea especially as the fact remains that the law still appears toothless. During the pre-Spanish era, Filipinos have already practiced the death penalty. However, it was only an infrequent practice limited to flogging, fines and slavery. The most common form of death sentence at the time was hanging and decapitation. Prior to abolishing death penalty, the Philippines had the world’s largest death row population.

Although the Pangilinan Law puts an exemption to minors who commit crimes with impunity, there was a time when the country could legally execute a minor. This is due to the belief that minors were considered adults at the time. The minor offender who earned death sentence was Marcial “Baby” Ama who was only 16 years old when he was sentenced to death via electric chair. The legal ages for men and women at the time were 16 and 14 respectively.

The death penalty was abolished during former President Corazon Aquino’s administration and restored in 1993 during the Ramos administration. Under Republic Act No. 7659, there are 46 crimes considered to be punishable by death. The death sentence would be carried out through lethal injection. In 1998, Leo Echegaray was executed for raping his step daughter. The execution was followed by six executions for heinous crimes. Death penalty was abolished by the Arroyo administration in 2001.

Death penalty was on hiatus for more than two decades and presumptive President Rodrigo Duterte considers re-imposing it. The restoration of death penalty has sparked endless debates especially when it comes to improving judicial system.

"Art. 81. When and how the death penalty is to be executed. -  The death sentence shall be executed with preference to any other and shall consist in putting the person under sentence to death by electrocution.  The death sentence shall be executed under the authority of the Director of Prisons, endeavoring so far as possible to mitigate the sufferings of the person under the sentence during electrocution as well as during the proceedings prior to the execution.

 "If the person under sentence so desires, he shall be anaesthesized at the moment of the execution.

"As soon as facilities are provided by the Bureau of Prisons, the method of carrying out the sentence shall be changed to gas poisoning.

"The death sentence shall be carried out not later than one (1) year after the judgment has become final."

Sec. 25. Article 83 of the same Code is hereby amended to read as follows:

"Art. 83. Suspension of the execution of the death sentence. -  The death sentence shall not be inflicted upon a woman while she is pregnant or within one (1) year after delivery, nor upon any person over seventy years of age.  In this last case, the death sentence shall be commuted to the penalty of reclusion perpetua with the accessory penalties provided in Article 40.

 "In all cases where the death sentence has become final, the records of the case shall be forwarded immediately by the Supreme Court to the Office of the President for possible exercise of the pardoning power."

Sec. 26. All laws, presidential decrees and issuances, executive orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Sec. 27. If, for any reason or reasons, any part of the provision of this Act shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

Buyers, Beware Of These Real Estate Scams

It is every hardworking Filipino’s dream to own a home. However, there are instances when their hard-earned money goes to waste because of falling victim to real estate scams. While buyers are hoping to provide a decent shelter that their families can roost in, there are people who are after their money. The good news is, buyers can still avoid these scams. Here are some of the common real estate scams that buyers need to avoid.

1.    Double Sale

Double sale of property refers to selling one property to two different people. This scam happens when the first buyer has not registered and transferred the title to their name. The owner will take advantage of the situation by reselling the property. As a result, both buyers will hold the same title under their own names.

2.    Insufficient Disclosure

Real estate agents or developers intentionally provide incomplete information to the prospective buyer. With this scam, the developer may appear to have an attractive offer but due to the insufficient information, prospects will think twice in committing to buying the property.  However, there are buyers who still fall prey to this scam and suffer from hidden charges, title complications and unsatisfactory structural facts.

3.    Fake Agents

Real estate agent posers will use the Internet to trick buyers into believing that they are selling affordable properties. More often than not, fake agents will create a website where listings are copied from a legitimate site. They will provide believable information to prospects and once buyers agree to paying the initial deposit, these fake agents will mysteriously disappear.

4.    Property Title Fraud

Everybody wants to get a great value for money and an agent that offers an affordable property will surely be appealing to prospects. Unfortunately, these affordable properties are non-existent. Once the security deposit is given to the fake agents, buyers will get fake property title in return.

How to avoid real estate scams?

•    Be sure that the developer or agent has a license to sell. This can be verified through Housing and Land Use Regulatory Board.

•    Ask the agent to visit the project site and the materials used to build the property.

•    Never attempt to sign blank Contract to Sell forms.

•    If still in doubt, consult a trusted lawyer to help you with accomplishing paperwork and signing any contract.

•    Purchase a property from a reputable developer with solid history of delivering properties in a timely manner and without compromising on quality.

•    For developers financing through Pag-Ibig Fund, buyers can verify if the property has been mortgaged with the Fund.

•    The buyer can also verify authenticity of the land title with the Register of Deeds.

•    It is safe to enter into a contract if the project already has a License to Sell.

•    Engage services of a licensed broker especially for pre selling projects.

•    Ask for official receipts when dealing with the owner or developer.

Important Things To Remember When Dealing With A Broker

Whether you are selling your home or purchasing a new one, it pays to transact with a licensed real estate broker for a smoother transaction. It might not seem like a big deal but there are people who have their own share of horror stories due to dealing with real estate brokers who are not licensed.

A broker can either make your life easier or a living hell once transactions go wrong. Buying and selling a real property entails risks when a real estate broker is not licensed. With a professional license, a buyer or seller is protected because these real estate brokers have a license to protect. The real estate brokers who fail to abide by the law will have their license revoked. A buyer or seller can verify if a real estate broker is licensed by visiting PRC’s official website.

“Section 29. Prohibition Against the Unauthorized Practice of Real Estate Service. - No person shall practice or offer to practice real estate service in the Philippines or offer himself/herself as real estate service practitioner, or use the title, word, letter, figure or any sign tending to convey the impression that one is a real estate service practitioner, or advertise or indicate in any manner whatsoever that one is qualified to practice the profession, or be appointed as real property appraiser or assessor in any national government entity or local government unit, unless he/she has satisfactorily passed the licensure examination given by the Board, except as otherwise provided in this Act, a holder of a valid certificate of registration, and professional identification card or a valid special/temporary permit duly issued to him/her by the Board and the Commission, and in the case of real estate brokers and private appraisers, they have paid the required bond as hereto provided.

Section 30. Positions in Government Requiring the Services of Registered and Licensed Real Estate Service Practitioners. - Within three (3) years from the effectivity of this Act, all existing and new positions in the national and local governments, whether career, permanent, temporary or contractual, and primarily requiring the services of any real estate service practitioner, shall be filled only by registered and licensed real estate service practitioners.
All incumbent assessors holding permanent appointments shall continue to perform their functions without need for re appointment and without diminution of status, rank and salary grade, and shall enjoy security of tenure. However, they may not be promoted to a higher position until they meet the qualification requirements of that higher position as herein prescribed. Nothing in this Act shall be construed to reduce any benefit, interest, or right enjoyed by the incumbents at the time of the enactment of this Act. The appointing authority shall exercise his power to appoint the assessor in accordance with the provisions of this Act only when a vacancy occurs.”

Septuagenarian Charged For Carrying A Bullet In Her Bag

On Apri 19, Tuesday a 75-year old passenger bound for the US was stopped by the airport security officers to undergo investigation due to a suspected bullet in her handbag. The tanim-bala scheme has been laid to rest for a few months, but the incident that happened on Tuesday has resurrected this issue once again and clouded the minds of passengers regarding the efficiency of the government and the officials in NAIA in resolving this issue. There are nagging suspicions due to the fact that most of the victims are older people who can easily be easily persuaded.

The victim of the allegation is Salvacion Cortabista of Antipolo City. She said that one person also allegedly asked her for 50,000. According to Pablo Francisco Balagtas, the Director of Avsegroup, who is conducting an investigation to shed light on this issue, they are waiting for Cortabista to file a formal complaint and validate claims. If evidences can satisfy claims, the airport security officials violate Section 3 of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.

“Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:

(a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.

(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other part, wherein the public officer in his official capacity has to intervene under the law.

(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, without prejudice to Section thirteen of this Act.

(d) Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination.

(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.

(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party.

(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby.

(h) Director or indirectly having financing or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest.

(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group. Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they belong.

(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled.

(k) Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date.
The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or offering or giving to the public officer the employment mentioned in subparagraph (d); or urging the divulging or untimely release of the confidential information referred to in subparagraph
(k) of this section shall, together with the offending public officer, be punished under Section nine of this Act and shall be permanently or temporarily disqualified in the discretion of the Court, from transacting business in any form with the Government.”

The Truth Behind Rodrigo Duterte’s Rape Remark

A rape remark (regarded by some as a bad joke) by presidential aspirant Rodrigo Duterte earned the ire of netizens. The video clip of the April 12 campaign rally at the Amoranto Sports Complex in Quezon City was posted on Saturday, April 16. In the video, Duterte is in the middle of a speech and due to the remark, the video went viral. The statement was: “Ang nagpasok sa isip ko, nirape nila, pinagpilahan nila doon. Nagalit ako kasi nirape, oo isa rin 'yun . Pero napakaganda, dapat ang mayor muna ang mauna. Sayang. There are mixed reactions, most of which are negative. Is the bad remark enough to pass judgment to Rodrigo Duterte? Is this really the truth? The speech was about an incident that dates back in 1989. It was a hostage-taking by Felipe Pugoy, a Davao City Police office inmate. The missionaries who visited the DCPO were held hostage and one of the missionaries was Jacquelline Hamill, an Australian woman. The video clip of the speech drew flak and it was focused on the rape joke! Was it really a joke? “The truth is the truth even if no one believes it. A lie is a lie, even if everyone believes it”. On Sunday, April 17, Duterte was interviewed to clarify what had really transpired during the 1989 hostage-taking incident. Here’s the video of the full interview (credits to the owner of the video):



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