Violence against women and children is a pervasive problem worldwide. In the Philippines, the government enacted Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act (VAWC Law), in 2004 to protect women and children from all forms of violence. The VAWC Law is an important legal framework that aims to ensure the safety and security of women and children in the Philippines. In this blog post, we will provide an overview of the VAWC Law and its significance in protecting women and children from different types of violence.

A Brief Explanation of VAWC Law

The VAWC Law is a comprehensive legal framework that provides protection to women and their children from all forms of violence. This law recognizes that violence against women and children is a violation of their human rights, and it is a crime that must be punished. The law defines violence against women and their children as any act or a series of acts that result in physical, sexual, or psychological harm or suffering, economic abuse, and threats of such acts.

Sexual Violence

Sexual violence is any sexual act that is forced upon a person against their will. Examples of sexual violence covered by the VAWC Law include rape, sexual harassment, and prostitution. Sexual violence can have long-lasting psychological effects on the victim, including depression, anxiety, and post-traumatic stress disorder. The VAWC Law recognizes the importance of protecting women and children from sexual violence by imposing severe penalties on offenders.

Physical Violence

Physical violence is any act of violence that causes physical harm or injury to the victim. Examples of physical violence covered by the VAWC Law include physical abuse, battery, and assault. Physical violence can have severe physical and psychological consequences for the victim, including broken bones, bruises, and mental trauma. The VAWC Law provides protection to women and children from physical violence by imposing penalties on offenders and providing assistance to victims.

Psychological Violence

Psychological violence is any form of violence that causes psychological harm or suffering to the victim. Examples of psychological violence covered by the VAWC Law include verbal abuse, threats, and intimidation. Psychological violence can have long-term effects on the victim, including depression, anxiety, and low self-esteem. The VAWC Law recognizes the importance of protecting women and children from psychological violence by providing assistance to victims and imposing penalties on offenders.

Economic Abuse

Economic abuse is any form of abuse that deprives the victim of their economic or financial resources. Examples of economic abuse covered by the VAWC Law include controlling the victim's finances, withholding financial support, and depriving the victim of their property. Economic abuse can have long-lasting effects on the victim, including poverty, homelessness, and financial dependence. The VAWC Law recognizes the importance of protecting women and children from economic abuse by providing assistance to victims and imposing penalties on offenders.

Victim's Rights

The VAWC Law provides several rights to the victim, including the right to protection and safety, the right to legal assistance, and the right to financial support. These rights are significant in ensuring that victims of violence are provided with the necessary support and assistance to recover from their trauma. The VAWC Law also provides the right to privacy, which is essential in protecting the victim's dignity and integrity.

Importance of VAWC Law

The VAWC Law is an essential legal framework for protecting women and children from all forms of violence. It recognizes that violence against women and children is a violation of their human rights and a crime that must be punished. By imposing severe penalties on offenders, the law serves as a deterrent to potential abusers. Additionally, the VAWC Law provides victims with the necessary support and assistance to recover from their trauma and regain control of their lives. The law also raises awareness about the prevalence of violence against women and children in the Philippines and promotes a culture of respect and equality. Overall, the VAWC Law is a significant step towards eradicating violence against women and children and promoting a safe and secure society for all.

Challenges and Opportunities

While the VAWC Law is a critical step in protecting women and children from violence, its implementation faces several challenges. One challenge is the lack of resources, including funding, staff, and infrastructure, to fully enforce the law. Additionally, cultural norms and attitudes towards violence against women and children can be deeply entrenched, making it challenging to change behavior and attitudes toward victims. Addressing these challenges requires a comprehensive approach that involves education, advocacy, and community engagement.

There are also opportunities to strengthen the implementation of the VAWC Law. These opportunities include improving coordination among government agencies and civil society organizations, strengthening accountability mechanisms, and enhancing public awareness about the law and its provisions. Through collaborative efforts, it is possible to ensure that the VAWC Law is fully enforced and that women and children are protected from all forms of violence.

Conclusion

The VAWC Law is a vital legal framework that provides protection to women and children from all forms of violence. It recognizes the importance of promoting a culture of respect and equality and provides victims with the necessary support and assistance to recover from their trauma. While challenges to its implementation exist, there are opportunities to strengthen the enforcement of the law through collaborative efforts among government agencies and civil society organizations. By working together, we can ensure that women and children are protected from violence, and their human rights are upheld.

The Philippines is a beautiful country known for its rich culture, warm hospitality, and stunning natural landscapes. It's no wonder that many people from around the world choose to immigrate to the Philippines for various reasons, such as work, business, study, retirement, or tourism. However, navigating the country's immigration laws and regulations can be complex and overwhelming. It's crucial to have a solid understanding of visa requirements, types, immigration procedures, length of stay, special programs, compliance with Philippine laws, and seeking legal assistance to ensure a successful immigration or visa process.

In this comprehensive guide, we will provide you with an in-depth overview of Philippine immigration law and highlight the key points to consider when dealing with visa matters in the country.

Visa Requirements

The Philippine government has specific visa requirements for different purposes of travel. Whether you're planning to work, do business, study, retire, or visit the Philippines for tourism, it's essential to understand the specific visa category that applies to your situation and comply with the requirements accordingly.

Visa requirements may include proof of financial capacity, health clearance, and other documents such as employment contracts, business permits, acceptance letters from educational institutions, and proof of retirement benefits. It's crucial to gather all the necessary documents and ensure that they meet the requirements set by the Philippine authorities to avoid delays or denials in your visa application.

Visa Types

The Philippines offers various types of visas to cater to different purposes of travel. These include tourist visas, work visas, student visas, retirement visas, and many others. Each visa type has its specific requirements, limitations, and privileges, so it's essential to understand the visa that best suits your purpose of travel.

For example, a tourist visa is suitable for those planning to visit the Philippines for leisure or tourism purposes, while a work visa is required for those seeking employment in the country. A student visa is necessary for those pursuing higher education in the Philippines, and a retirement visa is designed for foreign retirees who wish to live in the country during their retirement years. It's crucial to thoroughly research and understand the specific requirements and limitations of each visa type and comply with them accordingly.

Immigration Procedures

The Philippine Bureau of Immigration (BI) is the government agency responsible for implementing immigration laws and regulations in the country. Understanding immigration procedures is crucial to ensure a smooth and hassle-free process.

Immigration procedures may include securing entry clearances, submitting necessary documents, undergoing immigration interviews, and complying with departure formalities. It's essential to be well-prepared and follow all the required steps to avoid any delays or issues during your immigration process. Working with a qualified immigration lawyer or professional can be beneficial in navigating immigration procedures and ensuring compliance with Philippine immigration law.

Length of Stay

Complying with the authorized period of stay for each visa category is of utmost importance in the Philippines. Overstaying can result in fines, deportation, and future immigration issues, so it's essential to be aware of the allowed period of stay and apply for appropriate extensions or visa renewals before it expires.

It's crucial to keep track of your authorized period of stay and take timely action to ensure compliance with Philippine immigration law. Failure to comply with the authorized period of stay can have serious consequences and may affect your ability to travel or stay in the Philippines in the future.

Special Programs

The Philippines offers special immigration programs that cater to specific individuals, such as former Filipino citizens, retirees, and investors. These programs provide unique benefits and requirements, and understanding them can be advantageous for eligible individuals.

For example, the Balikbayan Program allows former Filipino citizens and their families to stay in the Philippines for a year without having to secure a visa, while the Special Resident Retiree's Visa (SRRV) offers multiple benefits to foreign retirees, such as indefinite stay, multiple-entry privileges, and tax exemptions. Additionally, the Investor's Visa program provides opportunities for foreign investors to establish businesses in the Philippines and obtain long-term residency.

Understanding these special programs and their requirements can provide unique opportunities for eligible individuals looking to immigrate or stay in the Philippines. However, it's important to carefully review and comply with the specific guidelines and requirements of each program to ensure a successful application and compliance with Philippine immigration law.

Compliance with Philippine Laws

As an immigrant or visa holder in the Philippines, it's crucial to comply with all relevant Philippine laws and regulations. This includes immigration laws, labor laws, taxation laws, and other local ordinances.

For example, foreign workers in the Philippines must comply with labor laws, such as obtaining the necessary work permits, paying appropriate taxes, and following local employment regulations. Failure to comply with these laws can result in fines, penalties, and even deportation.

It's essential to familiarize yourself with the relevant Philippine laws and regulations and ensure compliance at all times. Seeking legal advice or assistance from qualified professionals can be beneficial in understanding and complying with Philippine laws to avoid any legal issues.

Seeking Legal Assistance

Dealing with Philippine immigration law can be complex and overwhelming, and seeking legal assistance can greatly help in navigating the process successfully. A qualified immigration lawyer or professional can provide expert advice, guidance, and representation to ensure compliance with Philippine immigration law and increase the chances of a successful immigration or visa application.

When seeking legal assistance, it's important to choose a reputable and experienced immigration lawyer or professional who is knowledgeable in Philippine immigration law. They can help you understand the specific requirements, assist in preparing and submitting necessary documents, represent you in immigration interviews or hearings, and ensure compliance with all relevant laws and regulations.

Conclusion

Immigrating to the Philippines or applying for a visa can be a complex process that requires careful understanding and compliance with Philippine immigration law. It's essential to thoroughly research and understand the specific visa requirements, types, immigration procedures, length of stay, special programs, and compliance with Philippine laws, and seek legal assistance when needed.

By being well-prepared, understanding the immigration process, complying with all relevant laws and regulations, and seeking professional guidance when necessary, you can increase the chances of a successful immigration or visa application and enjoy a smooth and hassle-free experience in the Philippines. Remember to always stay updated with the latest immigration laws and regulations in the country and ensure compliance at all times to avoid any legal issues.

Firearms and weapons ownership in the Philippines is strictly regulated by Republic Act No. 10591, also known as the "Comprehensive Firearms and Ammunition Regulation Act" (CFARA). This law aims to ensure public safety and prevent the misuse of firearms and other weapons. Understanding the licensing, ownership, and restrictions related to firearms and weapons is crucial for anyone interested in owning or possessing them in the Philippines.

Licensing

To own or possess a firearm in the Philippines, individuals are required to obtain a firearms license from the Philippine National Police (PNP). There are several types of firearms licenses, including those for civilians, government officials and employees, military and law enforcement personnel, and security guards. The process for obtaining a firearms license includes submitting the necessary documents, undergoing a background check, and completing firearms safety and proficiency training.

In addition to a firearms license, individuals are also required to obtain an ammunition license to purchase, possess, and transport ammunition in the Philippines. This license is separate from the firearms license and must be renewed annually.

Ownership

There are certain requirements and restrictions related to firearm ownership in the Philippines. Individuals must be at least 21 years old to be eligible to own a firearm. Applicants for a firearms license must undergo a thorough background check, which includes a review of their criminal, mental, and medical records. This is to ensure that firearms are only owned by responsible individuals who do not pose a threat to public safety.

Firearms in the Philippines are categorized into four types: small arms, light weapons, heavy weapons, and explosives. Ownership of heavy weapons and explosives is highly regulated and generally limited to the military, law enforcement, and licensed security agencies. The law also sets limits on the number of firearms that an individual can own, depending on the type of license and purpose of ownership. For example, civilians are generally allowed to own up to a maximum of three firearms, while members of the military and law enforcement may be allowed to own more, subject to certain conditions.

Restrictions

There are certain restrictions on firearms and weapons ownership in the Philippines. Prohibited firearms include fully automatic firearms, machine guns, and firearms disguised as ordinary objects. These firearms are not allowed for civilian ownership.

Firearms are generally not allowed in certain areas, such as schools, churches, and government buildings, unless carried by authorized law enforcement officers or security personnel. The transport and storage of firearms must be done in a secure and safe manner, as prescribed by the law and regulations. Failure to comply with these requirements can result in penalties and revocation of firearms licenses.

Firearms licenses are subject to renewal and can be revoked by the PNP for various reasons, including violation of firearms laws, mental incapacity, or loss of qualification to possess firearms. It is important for firearm owners to understand and comply with all relevant laws and regulations to avoid legal repercussions.

Using Firearms During Election Period in the Philippines

Elections are a crucial part of democracy, allowing citizens to exercise their right to vote and choose their leaders. However, in some cases, the use of firearms during the election period in the Philippines has been a cause for concern.

During the election period, the use of firearms, explosives, and other deadly weapons is strictly prohibited, except for authorized law enforcement officers and military personnel in the performance of their official duties. This prohibition applies to all individuals, including civilians, candidates, and government officials, regardless of whether they possess a valid firearms license.

The Gun Ban Law prohibits the carrying, bearing, transporting, or displaying of firearms, explosives, and other deadly weapons, including replica firearms and airguns, in public places or within the vicinity of polling places, election precincts, and other areas designated by the COMELEC. This includes the possession of firearms even if they are not being used or discharged.

Final Thoughts

Firearms and weapons laws in the Philippines are strict and heavily regulated to ensure public safety and prevent misuse. Obtaining the necessary licenses, complying with ownership requirements, and adhering to restrictions on firearms and weapons are essential for responsible firearm ownership. It is important to prioritize public safety and always comply with the law to avoid severe penalties. By understanding and following the firearms and weapons laws in the Philippines, individuals can contribute to a safer society and promote responsible firearm ownership.

Posting bail is a fundamental legal process that allows individuals who have been arrested and charged with a crime to be released from detention temporarily. In the Philippines, the concept of bail is rooted in the constitutional principle of the presumption of innocence until proven guilty. This comprehensive guide aims to provide a detailed understanding of the bail system in the Philippines, including the process, requirements, and important considerations.

What is Bail?

Bail can be defined as the temporary release of an accused person from custody upon depositing a specific amount of money or property as a guarantee that the person will appear in court for legal proceedings. The primary purpose of bail is to ensure the appearance of the accused during the trial while safeguarding their rights to liberty before being proven guilty.

In terms of eligibility, bail is generally available to any person charged with a bailable offense, which includes offenses where the penalty does not exceed six years of imprisonment. However, there are certain non-bailable offenses, such as those punishable by reclusion perpetua (life imprisonment) or death, where bail may not be granted.

Bail Process

1. Filing of Bail Application: The accused, or their legal representative, must file a bail application with the appropriate court. This application typically includes relevant information about the case and the accused, along with the proposed bail amount.

2. Bail Hearing: The court conducts a bail hearing to evaluate the merits of the bail application. During this hearing, the court considers various factors such as the nature of the offense, the strength of the evidence, the character of the accused, and the potential flight risk. Based on these considerations, the court determines whether to grant or deny bail.

3. Amount of Bail: If the court grants bail, it sets the amount of bail. The court aims to determine a reasonable and sufficient amount that will ensure the accused's appearance in court. The bail amount can vary depending on the seriousness of the offense, the financial capability of the accused, and other relevant factors.

4. Posting Bail: Once the bail amount is determined, the accused or a representative must post the required amount, either in cash or through property accepted as collateral. The court provides instructions on the accepted modes of payment and the necessary documents for the bail posting process.

5. Release from Detention: After the bail has been posted, the accused is released from custody pending trial. It is important to note that the release is temporary, and the accused must still appear in court for all required proceedings.

Bail Requirements

1. Bail Bond: A bail bond is a written undertaking signed by the accused and their sureties, guaranteeing the presence of the accused in court for all required proceedings. The bail bond serves as a legal contract that binds the accused to fulfill their obligations and appear in court as directed.

2. Surety: A surety is a person who provides a guarantee or assurance that the accused will appear in court as required. Sureties play a crucial role in the bail process, as they are responsible for ensuring the accused's compliance with the conditions set by the court.

3. Collateral: In some cases, the court may accept properties, such as land titles or cash deposits, as collateral in lieu of the full bail amount. Collateral serves as an additional security measure to guarantee the accused's appearance in court.

4. Valid Identification: During the bail process, both the accused and the sureties must present valid identification documents. These documents help establish the identity and credibility of the individuals involved in the bail application.

Important Considerations

1. Bail Conditions: The court may impose certain conditions upon granting bail. These conditions can include travel restrictions, reporting to a designated authority, surrendering passports, or refraining from contact with certain individuals. It is essential for the accused to fully understand and adhere to these conditions to avoid any potential violation that could lead to bail revocation.

2. Failure to Appear: If the accused fails to appear in court as required, the court may forfeit the bail bond and issue a warrant of arrest. It is of utmost importance for the accused to fulfill their obligation to appear in court, as failing to do so can have severe consequences and may lead to the loss of temporary freedom.

3. Bail Revocation: The court has the power to revoke bail if the accused violates any of the imposed conditions or if new circumstances arise during the course of the trial that warrant revocation. It is crucial for the accused to comply with the conditions set by the court and to maintain good conduct throughout the trial period.

4. Bail Reduction or Exoneration: In some cases, the court may consider reducing the bail amount if there are justifiable circumstances, such as financial hardship or changes in the accused's situation. Additionally, if the case takes an unexpected turn or new evidence emerges that weakens the prosecution's case, the court may consider exoneration from bail entirely.

Conclusion

Understanding the process of posting bail in the Philippines is crucial for individuals facing criminal charges. By familiarizing themselves with the bail system, its requirements, and important considerations, individuals can navigate the legal process more effectively while preserving their right to temporary freedom. It is highly recommended to consult with a legal professional who can provide guidance and support throughout the bail process, ensuring that all legal procedures are followed correctly and protecting the rights and interests of the accused.

Remember, posting bail is not a means to evade justice but a lawful provision that upholds the principle of innocence until proven guilty. By responsibly exercising this right, individuals can ensure their presence in court, actively participate in their legal defense and contribute to a fair and just judicial system.

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

Philippine National Police (PNP)

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

National Bureau of Investigation (NBI)

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

Bureau of Customs (BOC)

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

Philippine Drug Enforcement Agency (PDEA)

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

Bureau of Fire Protection (BFP)

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

Collaboration and Coordination

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

Conclusion

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

Are you a citizen of the Philippines? Do you know your rights when it comes to a fair trial? It's important to understand your rights and how they are protected under the law.

The right to a fair trial is a fundamental human right that is enshrined in the Philippine Constitution. It is a crucial element of a just and democratic society.

In this article, we will explore the right to a fair trial in the Philippines, including what it means, how it is protected, and what you can do if you believe your rights have been violated.

Right to a Fair Trial

The right to a fair trial is recognized as a fundamental human right by international human rights law and is also enshrined in the Philippine Constitution. It guarantees that every person accused of a crime is entitled to a fair and impartial trial, and is considered innocent until proven guilty.

The right to a fair trial is an essential component of a just and democratic society. It is a safeguard against arbitrary detention, punishment, and abuse of power by the state. The right to a fair trial also promotes public confidence in the justice system and ensures that justice is done according to the law, rather than based on personal or political considerations.

The right to a fair trial includes several key procedural protections that apply to all individuals accused of a crime, regardless of their guilt or innocence. These protections include the presumption of innocence, the right to counsel, the right to be informed of the charges, the right to a public trial, the right to an impartial tribunal, the right against self-incrimination, and the right to appeal.

By upholding the right to a fair trial, the Philippines ensures that justice is administered in a way that respects the dignity, human rights, and freedoms of all individuals, and that the legal system operates fairly and transparently. It is the responsibility of the government, the legal profession, and society as a whole to protect and promote this right, and to ensure that it is accessible to all.

Presumption of Innocence

The presumption of innocence is a key principle in the Philippine justice system. Every person accused of a crime is presumed innocent until proven guilty beyond a reasonable doubt. This means that the burden of proving the accused's guilt lies with the prosecution, and the accused has no obligation to prove their innocence. The presumption of innocence benefits the accused by ensuring that they are not unjustly convicted of a crime they did not commit.

Right to Counsel

Every person accused of a crime in the Philippines has the right to a lawyer, and if they cannot afford one, the government is obliged to provide one. The right to counsel ensures that the accused has access to legal advice and representation to help them understand their legal rights and defend themselves against the charges. Legal representation is especially important for those who cannot afford to hire their own lawyer, as it helps to level the playing field between the accused and the prosecution.

Right to be Informed of the Charges

The accused has the right to be informed of the charges against them, and to be given adequate time and facilities to prepare their defense. This includes the right to examine the evidence against them and to cross-examine witnesses presented by the prosecution. Being informed of the charges is crucial for the accused to understand the nature of the allegations against them and prepare a defense strategy.

Right to a Public Trial

In the Philippines, trials are generally conducted in public, unless the court decides that publicity would prejudice the interests of justice. The right to a public trial ensures that justice is done in the open and that the public can observe and scrutinize the proceedings. This also helps to ensure that the trial is conducted fairly and transparently, and that the accused receives a fair trial based on the merits of the case.

Right to an Impartial Tribunal

The accused has the right to a trial by an impartial tribunal, meaning that the judges and other officials involved in the trial must be unbiased and free from any conflicts of interest. This ensures that the accused receives a fair trial based on the merits of the case, rather than any personal or political considerations. Conflicts of interest that could affect impartiality include financial interests or personal relationships between the judge and any of the parties involved in the case.

Right Against Self-Incrimination

The accused has the right to remain silent and not to incriminate themselves. This means that the prosecution cannot force the accused to testify against themselves, and any statements or confessions made by the accused must be voluntary and not coerced. This right protects the accused from being pressured into confessing to a crime they did not commit.

Right to Appeal

If the accused is found guilty, they have the right to appeal the verdict to a higher court. This ensures that the accused has an opportunity to challenge any errors or injustices that may have occurred during the trial. The process of filing an appeal involves submitting a written notice to the court within a specific timeframe, stating the grounds for the appeal and the relief sought.

Conclusion

In conclusion, understanding and protecting your rights to a fair trial in the Philippines is of utmost importance. The right to a fair trial ensures that justice is administered impartially, respects the dignity and human rights of individuals, and upholds the principles of a just and democratic society. By upholding the presumption of innocence, providing access to legal counsel, informing the accused of the charges, conducting public trials, ensuring an impartial tribunal, respecting the right against self-incrimination, and allowing for the right to appeal, the Philippine legal system strives to safeguard the fairness and integrity of its judicial processes. It is crucial for individuals to be aware of their rights and to seek legal assistance if they believe their rights have been violated. By doing so, we contribute to the protection and promotion of justice for all in the Philippines.

The Philippines has become one of the fastest-growing economies in Asia over the past few years. With a stable political climate and a growing consumer market, the country has attracted many foreign investors who are looking to expand their business operations in the region. However, foreign business ownership in the Philippines is subject to certain restrictions and limitations.

Foreign business ownership refers to the investment or ownership of a business by individuals or entities from another country. In the Philippines, foreign business ownership is essential to the country's economic growth and development. The inflow of foreign investments brings in new capital, technology, and expertise, creating employment opportunities and spurring economic activity.

In this blog, we will provide an overview of foreign business ownership in the Philippines, including its importance, laws, restricted industries, setting up a foreign-owned business, benefits, challenges, and risks.

Foreign Investment Act of 1991

The Foreign Investment Act of 1991 is the primary law governing foreign business ownership in the Philippines. The law was enacted to promote foreign investment and protect the rights of foreign investors. It aims to attract foreign investments that will help stimulate economic growth and development.

The law provides for the following features and objectives:

• Encourage foreign investment in areas that will promote the country's economic development.
• Ensure that foreign investors receive fair treatment and are protected from discrimination.
• Promote technology transfer and employment generation.
• Encourage the participation of Filipino citizens in the ownership, management, and operation of industries and enterprises.
• Ensure that the entry of foreign investments will not be contrary to national security or public morals.

Despite the government's efforts to attract foreign investments, the law imposes certain restrictions and limitations on foreign ownership.

Restricted Industries and Sectors

The following industries and sectors are subject to foreign ownership restrictions in the Philippines:

• Mass media (except recording)
• Retail trade enterprises with a paid-up capital of less than US$2.5 million
• Cooperatives
• Small-scale mining
• Private security agencies
• Utilization of marine resources in archipelagic waters, territorial sea, and exclusive economic zone
• Ownership of private lands
• Educational institutions

The reason for these restrictions is to protect the interests of Filipino citizens and ensure that they have control over strategic industries and sectors. However, foreign investors can still participate in these industries through joint ventures or partnerships with Filipino citizens or corporations.

Key Requirements for Setting Up a Foreign-Owned Business in the Philippines

The process of setting up a foreign-owned business in the Philippines involves the following steps:

1. Register with the Securities and Exchange Commission (SEC)
2. Obtain necessary permits and licenses from the relevant government agencies
3. Register with the Bureau of Internal Revenue (BIR) and obtain a Tax Identification Number (TIN)
4. Apply for business permits and licenses from the local government units (LGUs)
5. Comply with labor laws and regulations
6. Open a bank account and deposit the minimum capital required by law

Foreign investors must also comply with the following key requirements and documents

• Foreign Investment Application Form (FIA)
• Proof of inward remittance of investment
• Articles of Incorporation and By-laws
• Bank Certificate of Deposit
• Treasurer's Affidavit
• Tax Clearance Certificate

Foreign Business Ownership Benefits

Foreign business ownership in the Philippines is beneficial to both foreign investors and the country's economy. The government offers incentives and benefits to attract foreign investors, such as tax holidays, exemptions, and reduced tax rates. These incentives aim to create a favorable business environment for foreign investors and promote economic growth.

Foreign business ownership also has a positive impact on the Philippine economy. It generates employment opportunities, promotes technology transfer, and fosters the growth of local industries and businesses. Foreign investments also contribute to the country's GDP, increase export capacity, and improve the balance of payments.

Challenges and Risks

Despite the benefits of foreign business ownership in the Philippines, foreign investors may face challenges and risks. Some of these challenges and risks include:

• Bureaucratic red tape and delays in obtaining necessary permits and licenses
• Inconsistent implementation of laws and regulations
• Corruption and political instability
• Inadequate infrastructure
• Cultural and language barriers
• Market competition and saturation

To mitigate these challenges and risks, foreign investors can partner with local firms, seek the assistance of professional advisers, and conduct due diligence on their prospective investments.

Conclusion

In conclusion, the Philippines is a great place to set up a business. It's important to understand the local culture and regulations, but once you do, you can take advantage of the low cost of setting up a business, the friendliness of Filipinos, and the cost-efficiency of having access to skilled labor.

No matter what type of business you might be looking to start in the Philippines, there are plenty of resources to help you get it done faster and easier than ever before. With the right knowledge and support system in place, anyone with an entrepreneurial spirit can make their mark in the beautiful nation that is The Philippines!

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

Preparedness as a Key Component of the DRRM Law

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

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

Response and the Principle of "Build Back Better"

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

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

Participation of Stakeholders in Disaster Risk Reduction and Management

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

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

Conclusion

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

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

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

With the rapid increase in internet and social media usage, cyberbullying has become a major concern in many countries, including the Philippines. Cyberbullying refers to the use of electronic communication to harass, intimidate, or humiliate someone, often anonymously. In this blog, we will discuss the prevalence of cyberbullying in the Philippines, the Anti-Cybercrime Law, and its provisions regarding cyberbullying. We will also explore the importance of preserving and disclosing user data and the role of the Cybercrime Investigation and Coordination Center (CICC) in preventing and addressing cyberbullying.

Cyberbullying in the Philippines

Cyberbullying has become a prevalent issue in the Philippines, with a survey conducted by the Department of Education (DepEd) revealing that 1 in 3 Filipino students has experienced cyberbullying. The same survey also found that students who experience cyberbullying are more likely to suffer from depression, anxiety, and suicidal thoughts. The prevalence of cyberbullying in the Philippines has highlighted the need for strict laws and regulations to protect victims.

The Anti-Cybercrime Law and Cyberbullying

The Anti-Cybercrime Law, also known as Republic Act No. 10175, criminalizes various cyberbullying offenses, including cyberstalking, cybersex, identity theft, and online libel. The law imposes penalties, including imprisonment and fines, for individuals found guilty of committing these offenses.

Cyberstalking involves using the internet or other electronic communication devices to follow or harass someone, causing fear or distress. Cybersex refers to the use of electronic communication to solicit or participate in sexual activity. Identity theft involves the unauthorized use of someone else's personal information for financial gain. Online libel refers to the publication of defamatory statements online.

Preserving and Disclosing User Data

The Anti-Cybercrime Law requires Internet Service Providers (ISPs) to preserve and disclose user data in response to a court order. This provision is crucial in identifying and prosecuting cyberbullies, as it allows law enforcement agencies to track down the individuals responsible for cyberbullying. Preserving and disclosing user data is also important in protecting victims of cyberbullying, as it allows them to seek justice and obtain compensation for the harm caused.

The Cybercrime Investigation and Coordination Center (CICC)

The CICC was established to coordinate and monitor the investigation and prosecution of cybercrimes, including cyberbullying. The center has developed policies and programs to prevent and address cyberbullying, such as the creation of a Cyber Tip Line and the implementation of cybercrime awareness campaigns in schools and communities.

Criticisms and Concerns

Despite its importance, the Anti-Cybercrime Law has been criticized for its provisions and enforcement. Some critics argue that the law is vague and can be used to curtail freedom of speech. Others have raised concerns about the implementation of the law, citing cases where the law has been misused to target political opponents and journalists.

Conclusion

In conclusion, cyberbullying is a prevalent issue in the Philippines that requires strict laws and regulations to protect victims. The Anti-Cybercrime Law, with its provisions criminalizing various cyberbullying offenses and requiring ISPs to preserve and disclose user data, is a significant step towards addressing the issue. The role of the CICC in preventing and addressing cyberbullying is also crucial. However, criticisms and concerns about the law and its implementation highlight the need for increased awareness and enforcement of the law to protect victims of online abuse and promote a safer online environment.

In recent years, the Philippines has seen significant growth in e-commerce and online business activities. With the increasing popularity of online shopping and digital entrepreneurship, it is crucial for digital entrepreneurs to understand and comply with the legal requirements and regulations governing e-commerce and online business in the country. Failure to do so can result in legal liabilities, fines, and penalties that can adversely impact the success and reputation of your business.

Business Registration

One of the first steps in establishing an e-commerce or online business in the Philippines is to register your business name with the Department of Trade and Industry (DTI) or the Securities and Exchange Commission (SEC) for corporations. Registering your business name helps establish your brand identity and protects it from being used by others. Additionally, depending on the nature of your business, you may need to obtain permits and licenses from local government units (LGUs) or other relevant government agencies, such as the Food and Drug Administration (FDA) for food-related products or the National Telecommunications Commission (NTC) for telecommunications services.

Consumer Protection

Protecting the rights and interests of consumers is of utmost importance in e-commerce and online business. The Philippine Consumer Act applies to e-commerce businesses and sets forth the obligations of sellers in providing clear and accurate product descriptions, pricing, and terms of sale. This includes providing accurate information about the features, specifications, and conditions of the products or services being offered, as well as the total price, including taxes, shipping fees, and other charges. It is also essential to comply with data privacy laws, such as the Data Privacy Act of 2012, in handling customer personal information securely, including obtaining proper consent for data collection and use and implementing appropriate security measures to protect against data breaches.

Intellectual Property Rights (IPR)

Respecting the intellectual property rights (IPR) of others is crucial in e-commerce and online business. This includes trademarks, copyrights, and patents. It is essential to conduct thorough research to ensure that your business name, logo, or products do not infringe on the IPR of others. Additionally, registering your own trademarks or copyrights can help protect your brand and content from being copied or used without permission by others, and give you the right to take legal action against infringers.

Cybersecurity and Data Privacy

Cybersecurity and data privacy are critical aspects of e-commerce and online business. Complying with the Data Privacy Act of 2012 is necessary for collecting, using, and processing personal information of customers. This includes obtaining proper consent for data collection, implementing appropriate security measures to protect against data breaches, and ensuring that personal information is used only for the purpose for which it was collected. It is also important to regularly update and patch software and systems to protect against cybersecurity threats, such as hacking, malware, and data breaches.

Taxation

As with any business, e-commerce and online business in the Philippines are subject to taxation. It is important to register for the appropriate taxes, such as the Value Added Tax (VAT) or Percentage Tax, and comply with the tax filing and payment requirements of the Bureau of Internal Revenue (BIR). This includes keeping accurate records of sales, expenses, and other financial transactions related to your e-commerce or online business and filing regular tax returns on time. Failure to comply with tax requirements can result in penalties, fines, and legal liabilities.

Electronic Commerce Act

The Republic Act 8792 or The Electronic Commerce Act of 2000 is a key law that governs e-commerce in the Philippines. It provides legal recognition to electronic documents, signatures, and contracts, and sets forth the rights and responsibilities of parties engaged in e-commerce transactions. It also establishes the legal framework for electronic transactions, including online payments, electronic records, and electronic signatures

Dispute Resolution

Dispute resolution is an important aspect of e-commerce and online business. It is crucial to have clear and fair policies in place for handling customer complaints, returns, refunds, and other disputes that may arise in the course of your business operations. It is advisable to have clear terms and conditions, refund and return policies, and dispute resolution procedures on your website or online platform to manage customer expectations and avoid potential legal disputes. In the case of legal disputes, alternative dispute resolution mechanisms, such as mediation or arbitration, can be utilized to resolve the issues efficiently and cost-effectively.

Advertising and Marketing

Advertising and marketing play a significant role in e-commerce and online business. However, it is crucial to comply with advertising and marketing laws and regulations in the Philippines. This includes adhering to the Fair Trade Commission's rules on deceptive advertising, the Anti-Red Tape Act, and other relevant laws. It is important to ensure that your advertising and marketing practices are truthful, accurate, and not misleading to avoid legal liabilities and penalties.

Logistics and Shipping

Logistics and shipping are critical aspects of e-commerce and online business, and it is essential to comply with the laws and regulations related to transportation, customs, and trade. This includes obtaining the necessary permits, licenses, and clearances for shipping and transportation of goods, complying with customs regulations, and ensuring that your shipping practices are in line with local laws and regulations. It is also important to have clear shipping policies, including delivery times, shipping fees, and return or refund policies, to manage customer expectations and avoid potential disputes.

Conclusion

In conclusion, starting and operating an e-commerce or online business in the Philippines requires compliance with various legal requirements and regulations. From business registration to consumer protection, IPR, cybersecurity, taxation, electronic commerce, dispute resolution, advertising, marketing, and logistics, there are numerous legal considerations that digital entrepreneurs need to be aware of and adhere to. Failure to comply with these legal requirements can result in legal liabilities, fines, and penalties, which can adversely affect the success and reputation of your business.

Therefore, it is crucial to understand and comply with the legal landscape of e-commerce and online business in the Philippines to ensure smooth and lawful operations of your business. Seeking legal advice from qualified professionals is recommended to ensure compliance with all applicable laws and regulations. Remember, legal compliance is essential for the long-term success and sustainability of your e-commerce or online business in the Philippines.

Value-Added Tax (VAT) is a consumption tax levied on the sale, barter, exchange, or lease of goods, properties, or services in the Philippines. The tax is an indirect tax that is ultimately borne by the final consumer, but businesses that provide taxable goods or services collect and remit it to the government. This blog aims to provide a comprehensive guide for business owners on navigating the complexities of VAT regulations in the Philippines.

VAT Rates and Thresholds

Understanding VAT rates and thresholds is crucial for business owners in the Philippines. VAT rates in the country are currently set at 12% of the gross selling price or gross value in money of goods or services sold. This means that for every sale made by a VAT-registered business, they must add 12% to the selling price, which will be collected from the buyer as part of the transaction.

Meanwhile, the VAT threshold for mandatory registration is Php 3 million in annual gross sales or receipts. This means that businesses that exceed this amount must register for VAT with the Bureau of Internal Revenue (BIR) and start issuing VAT invoices or receipts to their customers. On the other hand, businesses that have an annual gross sales or receipts of less than Php 3 million are not required to register for VAT, but they can choose to do so voluntarily if they believe it will benefit their operations.

Non-VAT-registered businesses, however, are not entirely exempt from tax obligations. They must still pay other taxes such as percentage tax, which is a tax based on a percentage of their gross sales or receipts. The percentage tax rate varies depending on the nature of the business, and it is imposed on businesses with an annual gross sales or receipts exceeding Php 250,000.

It is important for business owners to understand these VAT rates and thresholds to ensure that they are compliant with the tax regulations in the Philippines. Registering for VAT is necessary for businesses that have exceeded the threshold and failure to do so may result in penalties and other legal sanctions. On the other hand, non-VAT-registered businesses must still ensure that they pay other taxes such as percentage tax, as required by law.

VAT Compliance Requirements

To comply with VAT regulations in the Philippines, businesses must undergo the VAT registration process, which includes submitting the necessary documents to the Bureau of Internal Revenue (BIR). After registration, businesses must issue VAT invoices or receipts for every taxable transaction they make. They must also file their VAT returns and pay their VAT liabilities on time, usually on a monthly basis. In addition, VAT-registered businesses must maintain accurate records of their sales, purchases, and other transactions.

Input Tax Credits and Refunds

Input tax credits are credits that VAT-registered businesses can claim on their purchases of goods or services that are directly related to their VAT-registered business activities. These credits can be used to offset VAT liabilities on future sales. However, there are conditions for claiming input tax credits, such as ensuring that the supplier of the goods or services is also VAT-registered. Businesses engaged in zero-rated sales, such as exports or sales to foreign clients, are still required to register for VAT and file VAT returns but are entitled to claim for VAT refunds on their input taxes.

VAT Exemptions and Zero-rated Sales

Some sales are exempt from VAT, including but not limited to medical and educational services, sale of residential properties, and exports. On the other hand, businesses engaged in zero-rated sales, such as exports or sales to foreign clients, can still claim input tax credits but are not required to charge VAT to their customers.

BIR Implementation and Enforcement

The BIR is the government agency responsible for implementing and enforcing VAT laws in the Philippines. Failure to comply with VAT requirements may result in penalties and sanctions, such as fines, surcharges, and imprisonment. It is crucial for businesses to keep themselves updated with VAT regulations and seek the assistance of a tax professional or accountant to avoid costly mistakes.

Conclusion

Navigating VAT regulations in the Philippines can be daunting for business owners. However, understanding and complying with VAT requirements is crucial to avoid penalties and ensure smooth business operations. It is highly recommended to consult with a tax professional or accountant to help navigate the complexities of VAT regulations. By doing so, business owners can focus on their core activities and achieve their business goals.

Following the two-day transport strike held on October 16-17, PISTON will once again organize another transport strike On December 4 and 5. This is still in relation to the modernization of jeepneys. As we all know, the drivers and operators were clamoring about the jeepney phase out when it was announced by President Rodrigo Duterte. Operators perceive this to be a wrong move as drivers and operators have to shoulder the expenses for overhauling the public transportation. 

The two-day transport strike is said to put a stop to the government's future plan. However, the repeated strike only prompted transport chief Arthur Tugade to cancel franchises and licenses of those who will participate in the transport strike  Tugade believes that protesters will only disrupt public convenience. 

He also added that PISTON has already been invited to dialogues, but they still preferred to hold strikes. Jeepney operators will also face legal consequences. 

The LTFRB  has filed cases against operators who stopped jeepney operations to take their turmoil and discontentment against jeepney modernization to the streets. 

Although the government has previously warned protesters, none of the participants' licenses and franchises has been revoked yet. 

What You Need To Know About The Modernization Program?

The modernization program covers jeepneys, buses and public utility vans. For the commuting public, the modernization will bring safer means of transportation as new vehicles will be equipped with CCTVs and GPs. These devices will monitor both passengers and drivers. The vehicles will also have speed limiters, and safety officers will also be assigned. 

Although jeepney drivers are not in favor of the modernization, the program will also make way for receiving monthly salaries and benefits. What's in it for them? The sight of drivers competing against each other to get as many passengers as possible will hopefully be reduced. Once OFG will be issued, existing franchises will continue to operate for a maximum of three years. The transition period will also be a time for operators to apply to operate in new or modified routes. 

What's in a name? Why do people take matters to court because of the use of surnames? Whether it has to do with illegitimate children using their father's surname or a married woman adding her husband's surname, the process can become complicated without understanding the rule of law on using surnames. Republic Act 386 or An Act To Ordain And Institute The Civil Code Of The Philippines provides the following guidance on the use of surnames. 

AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES

Title XIII. - USE OF SURNAMES (n)

Art. 364. Legitimate and legitimated children shall principally use the surname of the father.

Art. 365. An adopted child shall bear the surname of the adopter.

Art. 366. A natural child acknowledged by both parents shall principally use the surname of the father. If recognized by only one of the parents, a natural child shall employ the surname of the recognizing parent.

Art. 367. Natural children by legal fiction shall principally employ the surname of the father.

Art. 368. Illegitimate children referred to in Article 287 shall bear the surname of the mother.

Art. 369. Children conceived before the decree an'ing a voidable marriage shall principally use the surname of the father.

Art. 370. A married woman may use:

      (1) Her maiden first name and surname and add her husband's surname, or

      (2) Her maiden first name and her husband's surname or

      (3) Her husband's full name, but prefixing a word indicating that she is his wife, such as "Mrs."

Art. 371. In case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden name and surname. If she is the innocent spouse, she may resume her maiden name and surname. However, she may choose to continue employing her former husband's surname, unless:

      (1) The court decrees otherwise, or

      (2) She or the former husband is married again to another person.

Art. 372. When legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation.

Art. 373. A widow may use the deceased husband's surname as though he were still living, in accordance with Article 370.

Art. 374. In case of identity of names and surnames, the younger person shall be obliged to use such additional name or surname as will avoid confusion.

Art. 375. In case of identity of names and surnames between ascendants and descendants, the word "Junior" can be used only by a son. Grandsons and other direct male descendants shall either:

      (1) Add a middle name or the mother's surname, or

      (2) Add the Roman Numerals II, III, and so on.

Art. 376. No person can change his name or surname without judicial authority.

Art. 377. Usurpation of a name and surname may be the subject of an action for damages and other relief.

Art. 378. The unauthorized or unlawful use of another person's surname gives a right of action to the latter.

Art. 379. The employment of pen names or stage names is permitted, provided it is done in good faith and there is no injury to third persons. Pen names and stage names cannot be usurped.

Art. 380. Except as provided in the preceding article, no person shall use different names and surnames.

The Philippine business landscape has dramatically changed, thanks to the increasing number of foreign investors in the country. Even local businesses are now open to the idea of doing business with foreign corporations. It is to be expected that in years to come, there will be an impressive growth of foreign participants in boosting the Philippine economy. So what are implementing rules governing foreign corporations? 

Sec. 129. Law applicable. - Any foreign corporation lawfully doing business in the Philippines shall be bound by all laws, rules and regulations applicable to domestic corporations of the same class, except such only as provide for the creation, formation, organization or dissolution of corporations or those which fix the relations, liabilities, responsibilities, or duties of stockholders, members, or officers of corporations to each other or to the corporation. (73a)

Sec. 130. Amendments to articles of incorporation or by-laws of foreign corporations. - Whenever the articles of incorporation or by-laws of a foreign corporation authorized to transact business in the Philippines are amended, such foreign corporation shall, within sixty (60) days after the amendment becomes effective, file with the Securities and Exchange Commission, and in the proper cases with the appropriate government agency, a duly authenticated copy of the articles of incorporation or by-laws, as amended, indicating clearly in capital letters or by underscoring the change or changes made, duly certified by the authorized official or officials of the country or state of incorporation. The filing thereof shall not of itself enlarge or alter the purpose or purposes for which such corporation is authorized to transact business in the Philippines. (n)

Sec. 131. Amended license. - A foreign corporation authorized to transact business in the Philippines shall obtain an amended license in the event it changes its corporate name, or desires to pursue in the Philippines other or additional purposes, by submitting an application therefor to the Securities and Exchange Commission, favorably endorsed by the appropriate government agency in the proper cases. (n)

Sec. 132. Merger or consolidation involving a foreign corporation licensed in the Philippines. - One or more foreign corporations authorized to transact business in the Philippines may merge or consolidate with any domestic corporation or corporations if such is permitted under Philippine laws and by the law of its incorporation: Provided, That the requirements on merger or consolidation as provided in this Code are followed.

Whenever a foreign corporation authorized to transact business in the Philippines shall be a party to a merger or consolidation in its home country or state as permitted by the law of its incorporation, such foreign corporation shall, within sixty (60) days after such merger or consolidation becomes effective, file with the Securities and Exchange Commission, and in proper cases with the appropriate government agency, a copy of the articles of merger or consolidation duly authenticated by the proper official or officials of the country or state under the laws of which merger or consolidation was effected: Provided, however, That if the absorbed corporation is the foreign corporation doing business in the Philippines, the latter shall at the same time file a petition for withdrawal of its license in accordance with this Title. (n)

Sec. 133. Doing business without a license. - No foreign corporation transacting business in the Philippines without a license, or its successors or assigns, shall be permitted to maintain or intervene in any action, suit or proceeding in any court or administrative agency of the Philippines; but such corporation may be sued or proceeded against before Philippine courts or administrative tribunals on any valid cause of action recognized under Philippine laws. (69a)

Sec. 134. Revocation of license. - Without prejudice to other grounds provided by special laws, the license of a foreign corporation to transact business in the Philippines may be revoked or suspended by the Securities and Exchange Commission upon any of the following grounds:

1. Failure to file its annual report or pay any fees as required by this Code;

2. Failure to appoint and maintain a resident agent in the Philippines as required by this Title;

3. Failure, after change of its resident agent or of his address, to submit to the Securities and Exchange Commission a statement of such change as required by this Title;

4. Failure to submit to the Securities and Exchange Commission an authenticated copy of any amendment to its articles of incorporation or by-laws or of any articles of merger or consolidation within the time prescribed by this Title;

5. A misrepresentation of any material matter in any application, report, affidavit or other document submitted by such corporation pursuant to this Title;

6. Failure to pay any and all taxes, imposts, assessments or penalties, if any, lawfully due to the Philippine Government or any of its agencies or political subdivisions;

7. Transacting business in the Philippines outside of the purpose or purposes for which such corporation is authorized under its license;

8. Transacting business in the Philippines as agent of or acting for and in behalf of any foreign corporation or entity not duly licensed to do business in the Philippines; or

9. Any other ground as would render it unfit to transact business in the Philippines. (n)

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

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

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

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

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

On September 17, another student became a hapless victim of hazing due to traumatic injuries. Horacio Castillo III joined the initiation rites by a fraternity known as the Aegis Juris, but the violent acts claimed his life. Castillo is not the only victim of hazing. There are other victims who died in the past because of this violent initiation rite. Law makers are looking into creating stiffer penalties to put a lid on this barbaric act. 

Section 4 of Republic Act No. 8049 indicates the penalty that will be imposed upon a person found guilty of committing hazing or other forms of initiation rites, which can lead to physical injury or death. 

Section 4. If the person subjected to hazing or other forms of initiation rites suffers any physical injury or dies as a result thereof, the officers and members of the fraternity, sorority or organization who actually participated in the infliction of physical harm shall be liable as principals. The person or persons who participated in the hazing shall suffer:

1. The penalty of reclusion perpetua (life imprisonment) if death, rape, sodomy or mutilation results there from.

2. The penalty of reclusion temporal in its maximum period (17 years, 4 months and 1 day to 20 years) if in consequence of the hazing the victim shall become insane, imbecile, impotent or blind.

3. The penalty of reclusion temporal in its medium period (14 years, 8 months and one day to 17 years and 4 months) if in consequence of the hazing the victim shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm or a leg or shall have lost the use of any such member shall have become incapacitated for the activity or work in which he was habitually engaged.

4. The penalty of reclusion temporal in its minimum period (12 years and one day to 14 years and 8 months) if in consequence of the hazing the victim shall become deformed or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than ninety (90) days.

5. The penalty of prison mayor in its maximum period (10 years and one day to 12 years) if in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than thirty (30) days.

6. The penalty of prison mayor in its medium period (8 years and one day to 10 years) if in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of ten (10) days or more, or that the injury sustained shall require medical assistance for the same period.

7. The penalty of prison mayor in its minimum period (6 years and one day to 8 years) if in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged from one (1) to nine (9) days, or that the injury sustained shall require medical assistance for the same period.

8. The penalty of prison correccional in its maximum period (4 years, 2 months and one day to 6 years) if in consequence of the hazing the victim sustained physical injuries which do not prevent him from engaging in his habitual activity or work nor require medical attendance.

The responsible officials of the school or of the police, military or citizen's army training organization, may impose the appropriate administrative sanctions on the person or the persons charged under this provision even before their conviction. The maximum penalty herein provided shall be imposed in any of the following instances:

(a) when the recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of the recruit who refuses to join;

(b) when the recruit, neophyte or applicant initially consents to join but upon learning that hazing will be committed on his person, is prevented from quitting;

(c) when the recruit, neophyte or applicant having undergone hazing is prevented from reporting the unlawful act to his parents or guardians, to the proper school authorities, or to the police authorities, through force, violence, threat or intimidation;

(d) when the hazing is committed outside of the school or institution; or

(e) when the victim is below twelve (12) years of age at the time of the hazing.

The owner of the place where hazing is conducted shall be liable as an accomplice, when he has actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. If the hazing is held in the home of one of the officers or members of the fraternity, group, or organization, the parents shall be held liable as principals when they have actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring.

The school authorities including faculty members who consent to the hazing or who have actual knowledge thereof, but failed to take any action to prevent the same from occurring shall be punished as accomplices for the acts of hazing committed by the perpetrators.

The officers, former officers, or alumni of the organization, group, fraternity or sorority who actually planned the hazing although not present when the acts constituting the hazing were committed shall be liable as principals. A fraternity or sorority's adviser who is present when the acts constituting the hazing were committed and failed to take action to prevent the same from occurring shall be liable as principal.

The presence of any person during the hazing is prima facie evidence of participation therein as principal unless he prevented the commission of the acts punishable herein.

Any person charged under this provision shall not be entitled to the mitigating circumstance that there was no intention to commit so grave a wrong.

This section shall apply to the president, manager, director or other responsible officer of a corporation engaged in hazing as a requirement for employment in the manner provided herein.

Our country's current state only proves that anyone can fit the profile for a druggie or a criminal. You can be subject for interrogation or execution. You choose. With the recent brouhaha over CHR's meager budget, you will be confronted with a realization that no one can defend you at this point but yourself. As reality looks you straight in the eye, knowledge is the only thing that can save you from the inevitable. What does Article 3, Section 12 of the 1987 Constitution otherwise known as the Bill of Rights have to say about a person under investigation? 

"the person shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice."

Now, what if you can't afford a lawyer? The state will provide you with one. Have you ever wondered why you have the right to remain silent? It's because any statement you give can be used against you in court. You also have the right to have access to lawyer at all times. These rights can only be waived in "writing and in the presence of counsel."

Your rights as an arrested person:

• Know the reason you were arrested. It should also be via an arrest warrant.
• Obtain the arresting officer's identity and authority
• Be "entitled to a trial within a reasonable time"
• Should you undergo physical examination, ensure that it is done by an independent and competent doctor of your choice

If authorities have invited you for questioning, tell them that you will first consult a lawyer, who will be the one to arrange a time, date and place for questioning. They cannot insist on taking you as this will be equivalent to an arrest. 

Note that his type of investigation is not similar to custodial investigation where you are taken into police custody for interrogation. More often than not, "custodial investigation follows warrantless arrest." 

Warrantless Arrest

Under Section 5, Rule 113 of the Revised Rules of Criminal Procedure, a peace officer or a private person may, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;

(b) When an offense has in fact just been committed, and he has personal knowledge of facts indicating that the person to be arrested has committed it; and

(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

How do you feel about people on the streets begging for money or food? Does your generous nature tell you to give or do you believe that they should also work hard to earn a living? Mendicants are the faces of poverty. They are the reality that the world is trying to hide. You will see them carrying infants, no one can tell if those are really theirs. Some towns turn them over to development centers so they can have temporary shelter especially during special events. However, they consider the streets their home. Although the law has been in existence for decades, President Rodrigo Duterte seeks to abolish anti-mendicancy law. 

Sec. 4. Apprehension Of And Services For Persons Found Begging. Any infants or child 8 years old and below who is found begging or is being utilized by a mendicant for purposes of begging shall be apprehended as a neglected child under Article 141 of PD 603 and shall be committed to the custody and care of the Department of Social Services and Development or to any duly licensed child placement agency or individual.

Any minor over 9 years of age under 15 found begging or is being utilized for purposes of begging and who acted without discernment shall be apprehended as a neglected child under Article 141 of Presidential Decree No. 603 and shall be committed to the custody and care of the Department of Social Services and Development or to any duly licensed placement agency or individual.

Any minor over 9 years of age and under 15 who is found begging or is being utilized for the purpose of begging and who acted with discernment shall be proceeded against in accordance with the provisions of Chapter 3, Title VIII of Presidential Decree No. 603.

Any person not otherwise covered in the preceding paragraph of this Section who is found begging and who is physically or mentally incapable of gainful occupation shall be provided the integrated package of services by the Department of Social Services and Development, the Welfare units of local governments and other cooperating agencies.

Sec. 5. Criminal Liability. A mendicant as defined in Paragraph (a) Sec. 3 hereof, shall, upon conviction, be punished by a fine not exceeding P500.00 or by imprisonment for a period not exceeding 2 years or both at the discretion of the court.

A habitual mendicant shall be punished by a fine not exceeding P1,000.00 or by imprisonment for a period not exceeding 4 years or both at the discretion of the court.

Parents of exploited infants or minors under Sec. 4 of this Decree shall be proceeded against in accordance with Articles 59 and 60 of Presidential Decree No. 603, unless they are themselves mendicants.

Any person who abets mendicancy by giving alms directly to mendicants, exploited infants and minors on public roads, sidewalks, parks and bridges shall be punished by a fine nor exceeding P20.00.

On October 4, 1961, back in the day when the Pangilinan Law was not yet in existence, the legal age for men and women were 16 and 14 respectively. The new generation may no longer be familiar with Marcial "Baby" Ama. However, earlier generations can recognize this notorious person, who ironically, gain folk hero status when his biography was turned into a movie in 1976.  Baby Ama was a minor executed via electric chair. He was nicknamed "Baby" because of his youthful good looks. The nickname may sound innocuous, but Marcial Perez (Baby Ama) did not fit the definition. 

Perez was imprisoned due to stealing money. It was said that he stole money to help a friend. When Perez was incarcerated, life became much harder for him. Aside from being the subject of abuse and ridicule, his wife also committed suicide due to being sexually abused by a prison guard. This is when Perez became fiercer than he was. Aside from being a hitman inside the Bilibid prison he was also the leader of a notorious gang, Sige-Sige Gang. 

He earned his notoriety when he spearheaded the biggest riot in Bilibid Prison. It was considered to be the deadliest as well with 9 inmates killed  and one of them beheaded. Perez was found guilty of stabbing a man to death. Hence, he was sentenced to death by electric chair. 

Under Section 6 of the Republic Act No. 9344 otherwise known as the Juvenile Justice and Welfare Act of 2006, "A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act.

A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act.

The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws."

The bill lowering age of criminal responsibility from 15 years old to 9 has not received a positive response from lawmakers. Even 55% of Filipinos according to a survey conducted by Pulse Asia on May 5, 2017 are not in favor of the bill reducing the age of criminal liability. Although the age of criminal responsibility remains subjective, the fact cannot be denied that there are still minors who do not even undergo any type of due process, guilty or not guilty. That said, one cannot simply dismiss untimely death by random execution as collateral damage or worse, another "isolated case".  Once an epitome of notoriety, Baby Ama is now a case study. His behavior used to make people cringe, but in the era of war pigs, violence is the new normal.