As 2016 election approaches, more and more political hopefuls are going the extra mile to win more votes. You can see a plethora of political ads and various campaign strategies, which are clear signs that election is just around the corner.  In the past, premature campaigning is considered a violation but based on the country’s statute books, it is no longer a violation. It was used to be a criminal offense that can result in disqualification of the candidate. 

Under Section 68 of the Election code, any candidate who in a protest or action in which he is a party is declared, based on the final decision of a competent court is considered guilty of violating any of Sections 80, 83, 85, 86 and 261. This leads to the disqualification of candidate from holding the office or running for election. If you see political ads on TV, they are not considered as a violation of the election code. 

Premature Campaigning And Its Considerations

An act will only be considered as election campaigning when it intends to promote the election or defeat of a person who has already filed a certificate for candidacy. Even if the person deemed most qualified for public office appears to be campaigning, he still does not violate any laws unless he has officially filed his COC. 

No one can be punished for prematurely campaigning under Section 80 of the Election Code if the person is not yet legally a candidate. In the past elections, the voting and counting process were still manual and a timeline must be observed for filing a COC. It should not be later than one day before the start of the campaign period. This is to ensure that the opportunity to campaign is maximized without breaking the law. 

However, when automated election was introduced by RA 8436 in 1997, the deadline for filing COCs has also changed. It should not be later than 120 days before the election. If candidates file their COCs earlier than the said deadline, they will be punished for premature campaigning especially if campaigns took place between the date of COC filing and the start of the campaign period.

With the most recent amendment, Section 11 of the law states that even if COCs are filed before the campaign period, the candidates will not be liable for violating laws on campaigning. The law takes effect on the start of the campaign period. In the simplest term, no one can be charged for premature campaigning if there are no candidates yet.

The family law in the Philippines has significantly changed over the years. While marriage's definition was used to be a simple union between a man and a woman, it is considered a special contract at present. A contract that prevents either parties from changing partners at the same rate they change their clothes. Revisions and additions on the family code are inevitable especially in this modern day and age when same sex marriage has also stirred a web of controversy. Perhaps, the family law in the country has once lain dormant and only awakened by the prevalence of domestic abuse, infidelity, etc. The video provides an overview of the recent changes and trends in family law. The changes benefit both traditional and modern families. They provide more options to couples who wish to seek legal assistance or advice. Are you also aware of the changes and trends in family law? How do you feel about them? Let us know your thoughts.

With the pervasiveness of bullying at schools, more and more parents are concerned about their children’s safety since teachers are not always present to keep an eye on students. Children are not safe from harm against bullies especially when they are outside of the school’s premise. The growing number of bullying cases is already a cause for alarm. The Republic Act No. 10627 or also known as the Anti Bullying Act of 2013 addresses this concern among parents, teachers and even students who are considered victims of bullying. The anti-bullying act ensures that these cases will no longer fall on deaf ears. 

What is bullying?

Bullying refers to any repeated or severe use by one or more students of a verbal, electronic or written expression, or a physical gesture or act that can bring physical or emotional harm to the victim. Bullying is also perceived as creating an unfriendly environment for the other student that can cause disruption in the education process. 

The following is considered acts of bullying: 

a. Any unwanted physical contact between the victim and the bully such as pushing, shoving punching, tickling, headlocks, slapping, teasing, fighting, inflicting school pranks and the use of available objects or weapons;

b. Any act that can create damage to a victim’s emotional well-being;

c. Any accusation that can make the victim emotionally distressed such as profanity, foul language, negative comments or derogatory remarks on the victim’s appearance, body and clothes; and 

d. Cyber-bullying or any type of bullying that is initiated with the use of technology or any electronic means. 

Procedures and strategies for bullying:

• Report acts of bullying;

• Respond in a timely manner and investigate reports of bullying;

• Ensure victim’s safety and assess if they need additional protection;

• Provide counseling and other necessary services for the victims, perpetrators and family members.

• Allow students to anonymously report bullying provided, that no disciplinary administrative action will be taken against the reported student based       solely on the anonymous report;

• Provide sanction to a student who makes false accusation of bullying;

• Educate students on the anti-bullying policies and dynamics of bullying;

• Educate parents and guardians about the anti-bullying polices, dynamics of bullying and how parents and guardians can provide support and reinforce policies at home; and

• Keep a public record of statistics and relevant information on acts of bullying. However, the names of the students who were reported to have committed the acts of bullying must be treated with confidentiality and will only be made available to the teachers and school administration that are directly responsible for the said students and parents or guardians of the victims of bullying.

These days, the prevalence of mud-slinging and cyber-bashing cannot be denied. Even a simple exchange of opinions can turn into a heated argument, thanks to the immense popularity of social networking sites.  The Philippines is considered the social networking capital of the world. Almost everyone has a social media account where they share videos, post opinion or simply connect with loved ones. However, the freedom of expression can also be carried to extremes. This does not come as a surprise considering the fact that many individuals have already filed libel charges against someone who has deliberately dragged their name to shame with their false accusations. 

Libel In A Nutshell 

Under Art. 353, Revised Penal Code (RPC), libel refers to a public and malicious imputation of vice or defect, crime, real or imaginary that can cause the contempt, discredit or dishonor a person. 

There are various ways libel can be committed. A person can commit libel by means of printing, writing, engraving, theatrical exhibition, lithography and others. (Art. 355, RPC). Oral defamation is also referred to as slander according to Art. 358, RPC. When defamation is made in a television, it is also considered libel. 

How can a person be held liable for the crime of libel? 

Any person who published or exhibit any defamation in writing or other means will be held liable for the crime of libel. Aside from the author or editor of the libelous pamphlet or book, the business manager of a daily newspaper will also face charges for the defamation especially if he was proven to be the author of the content or article.  In fact, all people who have active participation in the publication where the libelous article is found will be held liable as well. 

When a person has committed a crime of libel, the action will be filed in the Regional Trial Court of the city or province where the libelous article is printed and published. However, if the offended party is a private person, the venue will be his place of residence where the offense was committed and the libelous article was printed and first published. 

The four elements of libel:

• The imputation must be malicious;

• The imputation must be defamatory;

• The imputation must be made publicly;

• The offended party must be identifiable. 

Retraction And The Action For Libel

When a retraction is published to make corrections to the mistake that have been committed, it does not necessarily mean that the accused will be mitigated. For the desired effect to take place, the retraction needs to demonstrate an admission of the falsity of the publication. The desire to repair the incorrectness must also be included in the retraction. 

Annulment is the only option that is available to Filipino couples who wish to end their marriage. Since the legalization of divorce is far from happening, considering the fact that the process of passing a divorce bill is difficult, the only way couples can find a way out of problematic marriages is by seeking annulment. However, annulments are also expensive and come with a number of processes such as seeking assistance from legal counsel in filing petitions. 

Under Article 45 of The family Code of the Philippines, marriage can be annulled due to the following reasons: 

• Fraud

• Psychological incapacity

• Lack of parental consent

• Impotence or physical incapability that is affect the marriage 

• Consent of marriage was obtained by intimidation or force 

• Serious sexually transmitted disease 

The major fees for filling for a petition for annulment of marriage: 

• Filing Fees

The first step to take when seeking an annulment is to file for a Petition for Annulment of Marriage, which will be filed before Office of the Executive Clerk of Courts of the Regional Trial Courts of the city or province that you have been residing for at least a six months. 

• Acceptance Fees

Once the case is filed, the firm will charge an acceptance fee for taking on your case. The charges will vary from firm to firm. Some smaller firms have lower fees than bigger firms. 

• Pleading Fees

When filing for a petition for  annulment of marriage, you will be required to submit documents such as judicial affidavits, petrial briefs and others. You are more likely to submit at least 10 pleading and the fees will depend on the number of documents you submit.

• Appearance Fees

The lawyer need to go to court for a scheduled hearing and you will need to pay a fee for every appearance. On average, annulment cases have at least 7 appearances. 

• Psychiatrist/Doctor Fees

If the petition for annulment of marriage was filed due to psychological incapacity, a psychological report from a psychiatrist or doctor must be presented as proof of psychological incapacity. Doctors or psychiatrists are also made to testify in court as well. 

Aside from these above-mentioned fees, there are other costs that filing for a petition for annulment may incur. The cost can still increase if the process drags on or if there are some additional requirements that can lead to more appearances and pleadings. 

The processing time varies from location to location. On average, it will take around 2 years  to conclude a case for nullity of marriage. It may take longer if there are some complications especially if there are properties involved.

When filing a petition for annulment, several grounds will be looked into in order to find out whether or not such grounds carry weight that will strengthen the case. Infidelity is one of the most common reasons for filing a case, but it is not considered a ground for annulment. Infidelity can only be an acceptable basis for legal separation or filing a case for concubinage or adultery. In fact, infidelity cannot be used as a sole deciding factor in granting custody over a child. 

Under Revised Penal Code, Article 333, adultery refers to an extra marital relationship of a woman to a man other than her husband even if the man is well aware that the she is already married. A crime of adultery is committed for each sexual intercourse that takes place.

Under Article 334 of the Revised Penal Code or RPC, concubinage refers to the cohabitation of a married man with a mistress in the same or conjugal dwelling or an involvement of a married man with a woman who is not his wife in any other place. The sexual intercourse of the married man to the concubine took place under scandalous circumstance. 

Adultery VS Concubinage 

• Adultery is committed by a wife and should be charged together with the other man, while concubinage is committed by a husband and should be charged together with the other woman or concubine. 

• In adultery, a proof of sexual intercourse will suffice to file a case. On the other hand, concubinage cannot be pursued without proving that the sexual intercourse happened under scandalous circumstances. The case can be passed off as concubinage if cohabitation happens in the conjugal dwelling or in any other place. 

• Concubinage has lower penalty than adultery and the concubine’s penalty is only destierro, which refers to banishment or prohibition from residing within the accused party’s actual residence. The distance should be within the radius of 25 kilometers and banishment will be given for a specified length of time. In adultery the penalty for the man is the same as that of the guilty wife. 

The spouse who has been offended is the only person entitled for filing the action for concubinage or adultery provided, the marital status is present at the time the case was filed. The parties that will be prosecuted, if found guilty should be the offending spouse and the paramour, if both are still alive. 

If the offended spouse has pardoned the offenders, the case cannot be pursued and the criminal charge cannot prosper. Pardon can be implied or express. Express pardon is done in writing and serves as an affidavit that the offenders are pardoned for their act. The implied pardon is when the offended party chooses to live with his or her spouse, even after the offense’s commission. Pardon should be obtained or given before the criminal action’s institution.

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

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

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

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

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

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

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

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

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

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

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

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

The amendments covered for transportation network vehicle service include: 

Route: No fixed route

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

Ventilation: air-conditioned

Seating capacity: should not exceed 7 passengers excluding driver

Mode of payment: pre-arranged

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

Operation Conditions: 

Driver must have a professional driver's license;

Driver must be registered with LTFRB;

Driver must be TNC accredited;

Vehicle must be TNC accredited;

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

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

Vehicle must be equipped with necessary tools;

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

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

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

LTFRB prescribed identification card must be displayed during trips;

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

Operators and drivers must comply with the government issued requirements.

In the Philippines married couples have two options to put an end to marital union: annulment and legal separation. While divorce advocates have been fighting for the legalization of divorce in the Philippines, there is no sign yet that people who want it legalized will emerge victorious. However, it is a different scenario in Muslim Mindanao or in Islamic laws to be more specific. In fact, Islamic laws grant three kinds of divorce and each of them has separate rules. These three kinds of divorce are talaq, li’an and khula. 

Islamic divorce in Mindanao defined: 

1. Talaq

In a talaq divorce, the Muslim husband initiates a divorce and pronounces the word talaq (I divorce you)  to his wife, but this can be withdrawn if both parties decide for reconciliation.  The word talaq can only be withdrawn twice and divorce will be considered irrevocable the third time the word is pronounced. In order to complete irrevocable divorce, the husband needs to comply with the requirements. 

2. Khula

Khula gives a woman the right to seek a divorce. The woman must also follow a waiting period and as compared to the right of men to initiate divorce, women’s rights are only limited. Women will be granted divorce if the husband failed to provide her basic needs or if there was no intercourse taking place for more than two months. Women must also repay marriage expenses and her dowry. If the child is older than seven years, the woman who seeks a divorce will not be granted child custody. However, the custody will be granted if the child is below seven years. By the time the child reaches the age of seven, the woman must give full custody to the father.  

3. Lian

Lian is also referred to as mulaana and this type of divorce is initiated when the husband accused the wife of adultery. This divorce is based on Quranic verses. There are three conditions that must be met for the husband to initiate Lian:

• The marriage state must be continuing.

• The marriage must be valid and there should be witnesses when the marriage was solemnized. 

• The husband must be liable to become a witness and has not received any punishment of qazf in the past. 

The financial obligations in divorce will also dependent on the length of marriage. The income levels of either the husband or the wife will also be taken into consideration. Once divorce is granted, the Islamic laws will apply wherein the wife is not entitled to the assets that have been earned during marriage.

In a country where divorce has not yet been legalized the next available option for couples who have reached the end of the line is marriage annulment. Before anyone can declare nullity of marriage, it is important that you have clearly understood what an annulment is. 

Common questions on annulment of marriage answered: 

1. What is an annulment? 

In a nutshell, the term is referred to by non-lawyers as cases undergoing annulment proceedings. On a legal perspective, it refers to annulment cases that fall under a specific Family Code. On the other hand, annulment of marriage is a court process that nullifies marital union. Even if couples are no longer living together, marriage remains valid until the court provides declaration of nullity. Note that void marriage is entirely different from voidable marriage. One cannot file the petition for annulment if the marriage has been considered void or invalid. 

2. What are the grounds of marriage annulment?

• Lack of parental consent. 

• Insanity

• Fraud

• Consent gained by force or intimidation

• Physical incapacity

• Sexually Transmitted Disease

3. What are the factors that cannot be considered grounds for annulment? 

• Infidelity

• Separation 

4. How do you get started with the annulment process? 

You will need to get an attorney for the process and be asked to write your marital history. You need to provide detailed information including the date you met your spouse. The description needs to be vivid and should also include the personality of your spouse as this is part of the case assessment. You will have to undergo psychological evaluation process to ensure that you have a sound mind when the petition was filed.  After the psychological evaluation, drafting and filing of petition will follow. You need to sign the petition before it is sent to the Regional Trial Court.  

Your spouse will receive a notification, referred to as summons informing him that a petition was filed. The petition needs to be answered 15 days from receipt. Notices will be served through publication in case the spouse is not in the country. There will be a series of investigation before the trial stage commences.  

5. Who is entitled for child custody in case of an annulment? 

Joint custody will be awarded unless the children have not reached the age of seven. For children below seven years old, the custody will be given to the mother and the father is given visiting privileges.  

6. Does filing the petition guarantee a marriage annulment? 

There is no guarantee that annulment will be granted and even the lawyers are prohibited to guarantee the outcome of the cases. 

7. What is the average time frame for the proceedings to be completed? 

On average, a decision is made within a year because there are several factors that must be taken into account such as the availability of the judge, court personnel, prosecutor, petitioner and psychologist. The time frame may also vary from place to place. 

8. Can petition for annulment be filed without the spouse’s consent? 

The consent or signature of your spouse will not be required if you wish to file a petition for marriage annulment. In fact, parties should not come to an agreement about filing the annulment petition. Investigations will also be conducted to check if both parties had a mutual agreement of filing the petition or have been fabricating evidence.

Employees are mandated to undergo annual medical examination to keep their health condition in check. However, there are instances when an employee suffers from an illness that may cause his employment to be terminated. Employers have the right to terminate an employee due to medical or health reasons. It does not happen in an instant without proving that the employee has already been examined and found to be unfit or unable to carry out daily duties. 

How does employment termination take place on the grounds of ill-health?

• An employee will be subject for termination if his illness has been found detrimental to his job or that of his colleagues. 

• If the disease has been found to be incurable after six months of proper medical treatment, the employment will be at risk of termination. 

• Employment termination will also be given if the employee has already suffered from a disease. 

Medical Examinations 

Arrangements will have to be made if an employee cannot perform his duties due to illness. The supervisor will discuss the situation with the Human Resource Consultant and the employee will have to undergo medical examination to find out more about the illness. 

There should be at least one month’s written notice prior to the medical examination and it should be completed within the same period. Once the result of the medical examination has been released, both the employer and the employee will get a copy of the report. The medical certificate is essential because this will be used as the basis for the employees’ status of employment if they have been diagnosed. 

If employees are no longer advised to continue their employment, they must present a certification, which is signed by a public health authority or competent medical practitioner, stating medical reasons. The certification should include the stage of illness and the treatment that the employee has undergone. 

A leave of absence will be taken if the employee’s ailment can be cured within the period of six months. Once the employee has nursed himself back to health and has been restored to his best health condition, he has the right to be reinstated to the position he previously held prior to taking the leave of absence. 

You must also take note that disability differs from disease. Even if the employee has permanent disability, it cannot be used as a ground for employment termination. In fact, an employer can be charged for a criminal offense if a disabled employee has been terminated.   Employers have no right to terminate an employee if the disease has just been suspected. There should be a concrete proof, duly signed by an authorized physician that the employee is already incapable of performing the duties.

Being familiar with business tax in the Philippines is an important part of starting a business. You don’t necessarily have to be an expert, but you need to gain some basic knowledge about the tax so mistakes in tax payment can be prevented. Some business owners leave this matter to their accountant or bookkeeper but when problems arise, they are the ones who are liable. Once you are aware of the business taxes in the Philippines, you are taking a great step to avoiding tax violations. 

Two kinds of taxes:

1. National Taxes – This type of tax refers to the tax you pay to the government. The tax is remitted to the Bureau of Internal Revenue (BIR). Some examples of national taxes are Value Added Tax (VAT), income tax, percentage tax, excise tax, capital gains tax and many others. 

2. Local Taxes – These are taxes that you pay through the local government units (LGU). These government units include cities, barangays, municipalities and provinces. Examples of local taxes include community tax, professional tax, amusement tax and other taxes that fall under the local taxes category. 

Business Taxes 

• Value Added Tax (VAT) - This type of business tax is considered an indirect tax. This is the reason it can be passed on to the buyer, lessee or transferee. This is collected from the seller when properties or goods are sold. Whether it is trade or business, Value Added Tax will be imposed. The amount you are going to pay will be based on the value you added to the product cost. Whether or not you earn net profit, you are still required to pay value added tax. However, when projected sales are deemed lower than required, the company is already considered exempted from paying the tax. 

• Excise Tax – This type of business tax is in additional to the value-added tax. This will be imposed for goods that are produced in the Philippines. Excise taxes are applied when these goods are intended for consumption or domestic sales. 

• Percentage Tax – When gross annual receipts and sales do not exceed the required amount, the percentage tax will be imposed on entities or individuals. Persons and entities are required to file percentage tax return not later than the 20th days following the end of each month. When a person subject to percentage taxes decides to retire from a business, the Revenue District Office must be notified within 20 days after the business closes.

In a situation where you need to seek help from a criminal defense lawyer, setting some criteria will help you bypass the daunting selection process. If you are going to rely on the Internet for some information, you need to be specific with the type of lawyer you are looking for as you will get thousands of search results. While it can be hard to make up your mind, knowing the qualities you need to look for will save you from wasting both your time and money. When you are looking for a criminal defense lawyer, it is important that you take your time. If you are being offered the lowest service cost, you should consider this as a warning sign because the quality of the service might be compromised. Here are some tips you can use for searching for a criminal defense lawyer: 

1. Choose a lawyer with years of experience. 

If you want to increase the chances of gaining a positive outcome of the verdict, you should prioritize lawyers with substantial experience in criminal defense. Make sure the criminal defense lawyer you choose is capable of assisting your needs. If you are charged with a federal crime, you should also choose a lawyer who specializes in federal law. 

2. Get some references in different ways.

You can also obtain some prospects through referrals, courtroom observation, professional organizations and Internet search. List all of your prospects and schedule an interview so you will find out if you have gotten a hold of the right person for the job. 

3. Ask some questions. 

Aside from setting your personal criteria, knowing the questions to ask can get you in the right direction. There are some essential questions you need to ask for you to know if your prospect is really a good fit. You can ask the lawyer’s experience in handling criminal cases, their payment policies or the approaches they use during jury trials. 

4. Verify the information provided by the prospective lawyer.

You might already been told regarding your prospects’ qualification but you have to check on the veracity of their claims. If a lawyer claims to be an expert as a criminal defense lawyer, you need to check several factors such as their track record for winning a case. 

5. Read feedback and reviews. 

You have to find out if the lawyers have a good reputation to his colleagues and previous clients. There are feedback and reviews you can read from various sources. They are helpful in terms of providing background information of your prospective lawyer. 

Entrepreneurs who want to legally do business in the Philippines should start with exploring some viable options. A businessman just cannot jump into a business without familiarizing its technicalities. There are some things you need to take into consideration before you can operate your business. 

You need to start with knowing the types of business ownership under the Philippine law: 

1. Corporation 

This type of business structure has five owners or more and they are referred to as shareholders. There are two types of corporation: stock corporation and non-stock corporation. With stock corporation, the capital is divided into shares and distributed to the investors. In turn, investors receive allotments and dividends, which will be based on the numbers of shares they have within the corporation. 

A non-stock corporation is intended for public purposes and issuing shares of stock is already out of the picture. This corporation’s purpose is usually cultural, educational and charitable. 

2. Partnership 

There are two or more individuals involved in this type of business structure. This is why they are called partners according to the Civil Code of the Philippines. The partnership can either be a general partnership or a limited partnership. Partners in a general partnership only have a limited liability for the financial obligations while a limited partnership requires one person to have unlimited liability while the rest have liabilities based on their capital contribution amount. 

3. Sole Proprietorship

As the name implies, this business structure is fully controlled and owned by an individual, which will also enjoy the profits and handle the liabilities of the business. For a sole proprietorship to be in effect, the owner must apply for a business name. It is also the proprietor’s obligation to register with the Department of Trade and Industry (DTI). 

Important Things To Consider For The Business To Run Smoothly: 

Your business cannot be considered legal without registering it with the Bureau of Internal Revenue. Make sure you register your business to the Revenue District Office (RDO) where your business is located. You will also need to secure a Certificate of Registration (COR) and Authority to Print (ATP) for your official receipts to be printed. You should also keep in mind that only printers accredited by BIR will be acknowledged. The official receipts should show that it is BIR accredited. Even books of account must bear BIR stamp. 

Aside from BIR, you should also register your business and employees with the Social Security System (SSS), Home Development Mutual Fund (Pag-ibig) and Philippine Health Insurance (Philhealth). These government entities will also require you to submit reports. It is imperative that you register newly-hired employees with these government agencies as well. 

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

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

• The spouses;

• Legitimate ascendants and descendants;

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

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

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

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

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

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

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

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

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

What can senior citizens expect from PhilHealth coverage? 

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

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

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

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

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

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

All You Need To Know About Documenting Oral Advice

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

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

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

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

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

Specific Terms Are Used To Avoid Confusion

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

Error-Free

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

The Will Is Based On Solid Facts 

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

Familiarity With Inheritance Tax and Law

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

Essentials For Preparing A Will

• It must be properly executed.

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

• The testator must be of legal age.

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

• The testator must have a sound mind.

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

• The will must be properly signed.

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

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

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

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

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

Create A Feasibility Study

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

Formulate A Business Plan

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

Analyze The Availability Of Cash Flow

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

Seek All The Help You Can Get

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

Secure All The Necessary Permits

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