Nowadays, people have instant access to information by just turning to social media. Your newsfeed can be flooded by all types of news including those that are unverified. Sharing or liking a post regardless of its source, seems like the norm these days. It can't be wrong when everyone is doing it right? Wrong. Just because we are living in the digital age does not mean that everything we stumble upon the Internet is 100% true.

Some of them are half-baked facts (if it could still be called a fact). For instance, there are many warnings circulating around SocMed about products with deadly ingredients, insane people who are spreading diseases and whatnot. Some who are not completely aware of the sources of these articles or hoax for that matter, will share it in the hopes of raising awareness. I myself have received a lot of false news, but it does not hurt to verify before you click the 'share' button. 

Since sharing or publishing false news can endanger the public, President Rodrigo Duterte has signed the new law imposing a stiffer penalty to any person who publishes false news by means of printing, lithography and any other means of publication. The President has signed Republic Act (RA) 10951, amending fines and amounts under the Revised Penal Code, which has been in existence for 87 years. 

Aside from a fine of P200,000, those who violate the law will face imprisonment for up to six months. The amendment can be found under Section 18, Article 154 of RA 10951 otherwise known as An Act Adjusting The Amount Or The Value Of Property And Damage Which A Penalty Is Based And The Fines Imposed Under The Revised Penal Code Amending For The Purpose Act No. 3815.

Art. 154. Unlawful us of means of publication and unlawful utterances. -The penalty of arresto mayor and a fine ranging from Forty thousand pesos (P40,000) to Two hundred thousand pesos (P200,000) shall be imposed upon:

"1. Any person who by means of printing, lithography, or any other means of publication shall publish or cause to be published as news any false news which may endanger public order, or cause damage to the interest or credit of the State;

"2. Any person who by the same means, or by words, utterances or speeches shall encourage disobedience to the law or to be constituted authorities or praise justify, or extol any act punished by law;

"3. Any person who shall maliciously publish or cause to be published any official resolution or document without proper authority, or before they have been published officially; or 

"4. Any person who shall print, publish, or distribute or cause to be printed, published, or distributed books, pamphlets, periodicals, or leaflets which do not bear the real printer's name, or which are classified as anonymous."

Aside from Republic Act 10645, which provides mandatory PhilHealth coverage for all senior citizens, Republic Act No. 9994 or the Expanded Senior Citizens Act of 2010 has also upgraded and expanded services for elderly. The law's objective is to provide a more comprehensive policy that will be beneficial to senior citizens especially in terms of improving their total well-being. The privileges that the senior citizens are currently entitled to are as follows:

“(a) the grant of twenty percent (20%) discount and exemption from the value -added tax (VAT), if applicable, on the sale of the following goods and services from all establishments, for the exclusive use and enjoyment or availment of the senior citizen

“(1) on the purchase of medicines, including the purchase of influenza and pnuemococcal vaccines, and such other essential medical supplies, accessories and equipment to be determined by the Department of Health (DOH).

“The DOH shall establish guidelines and mechanism of compulsory rebates in the sharing of burden of discounts among retailers, manufacturers and distributors, taking into consideration their respective margins;

“(2) on the professional fees of attending physician/s in all private hospitals, medical facilities, outpatient clinics and home health care services;

“(3) on the professional fees of licensed professional health providing home health care services as endorsed by private hospitals or employed through home health care employment agencies;

“(4) on medical and dental services, diagnostic and laboratory fees in all private hospitals, medical facilities, outpatient clinics, and home health care services, in accordance with the rules and regulations to be issued by the DOH, in coordination with the Philippine Health Insurance Corporation (PhilHealth);

“(5) in actual fare for land transportation travel in public utility buses (PUBs), public utility jeepneys (PUJs), taxis, Asian utility vehicles (AUVs), shuttle services and public railways, including Light Rail Transit (LRT), Mass Rail Transit (MRT), and Philippine National Railways (PNR);

“(6) in actual transportation fare for domestic air transport services and sea shipping vessels and the like, based on the actual fare and advanced booking;

“(7) on the utilization of services in hotels and similar lodging establishments, restaurants and recreation centers;

“(8) on admission fees charged by theaters, cinema houses and concert halls, circuses, leisure and amusement; and

“(9) on funeral and burial services for the death of senior citizens;

“(b) exemption from the payment of individual income taxes of senior citizens who are considered to be minimum wage earners in accordance with Republic Act No. 9504;

“(c) the grant of a minimum of five percent (5%) discount relative to the monthly utilization of water and electricity supplied by the public utilities: Provided, That the individual meters for the foregoing utilities are registered in the name of the senior citizen residing therein: Provided, further, That the monthly consumption does not exceed one hundred kilowatt hours (100 kWh) of electricity and thirty cubic meters (30 m3) of water: Provided, furthermore, That the privilege is granted per household regardless of the number of senior citizens residing therein;

“(d) exemption from training fees for socioeconomic programs;

“(e) free medical and dental services, diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography scans and blood tests, in all government facilities, subject to the guidelines to be issued by the DOH in coordination with the PhilHealth;

“(f) the DOH shall administer free vaccination against the influenza virus and pneumococcal disease for indigent senior citizen patients;

“(g) educational assistance to senior citizens to pursue pot secondary, tertiary, post tertiary, vocational and technical education, as well as short-term courses for retooling in both public and private schools through provision of scholarships, grants, financial aids, subsides and other incentives to qualified senior citizens, including support for books, learning materials, and uniform allowances, to the extent feasible: Provided, That senior citizens shall meet minimum admission requirements;

“(h) to the extent practicable and feasible, the continuance of the same benefits and privileges given by the Government Service Insurance System (GSIS), the Social Security System (SSS) and the PAG-IBIG, as the case may be, as are enjoyed by those in actual service;

“(i) retirement benefits of retirees from both the government and the private sector shall be regularly reviewed to ensure their continuing responsiveness and sustainability, and to the extent practicable and feasible, shall be upgraded to be at par with the current scale enjoyed by those in actual service;

“(j) to the extent possible, the government may grant special discounts in special programs for senior citizens on purchase of basic commodities, subject to the guidelines to be issued for the purpose by the Department of Trade and Industry (DTI) and the Department of Agriculture (DA);

“(k) provision of express lanes for senior citizens in all commercial and government establishments; in the absence thereof, priority shall be given to them; and

“(l) death benefit assistance of a minimum of Two thousand pesos (Php2, 000.00) shall be given to the nearest surviving relative of a deceased senior citizen which amount shall be subject to adjustments due to inflation in accordance with the guidelines to be issued by the DSWD.

“In the availment of the privileges mentioned above, the senior citizen, or his/her duly authorized representative, may submit as proof of his/her entitled thereto any of the following:

“(1) an identification card issued by the Office of the Senior Citizen Affairs (OSCA) of the place where the senior citizen resides: Provided, That the identification card issued by the particular OSCA shall be honored nationwide;

“(2) the passport of the senior citizen concerned; and

“(3) other documents that establish that the senior citizen is a citizen of the Republic and is at least sixty (60) years of age as further provided in the implementing rules and regulations.

“In the purchase of goods and services which are on promotional discount, the senior citizen can avail of the promotional discount or the discount provided herein, whichever is higher.

“The establishment may claim the discounts granted under subsections (a) and (c) of this section as tax deduction based on the cost of the goods sold or services rendered: Provided, That the cost of the discount shall be allowed as deduction from gross income for the same taxable year that the discount is granted: Provided, further, That the total amount of the claimed tax deduction net of VAT, if applicable, shall be included in their gross sales receipts for tax purposes and shall be subject to proper documentation and to the provisions of the National Internal Revenue Code (NICR), as amended.”

Our current law prohibits the use of the wife's maiden name unless the changes have undergone a judicial process after the court declares nullity of marriage. Pampanga Rep. Gloria Macapagal Arroyo, also the former President of the Philippines proposed a bill that will entitle women to revert to her surname without court order. House Bill No. 6082 or the Reversion to Maiden Name Act seeks to bypass expensive court process in terms of surname revision. With this bill, a woman can revert to her maiden surname on the following circumstances: 

(1) after her marriage has been judicially declared null and void or after its annulment;

(2) After a judicial declaration of legal separation, provided that there has been no manifestation of reconciliation filed with the court;

(3) After a judicial declaration of separation of property, provided there has been no subsequent decree reviving the old property regime between the spouses;

(4) If the spouses stipulated in their marriage settlement that a regime of separation of properties shall govern their property relations;

(5) If the petitioner has been de facto separated from or abandoned by her husband for a period of not less than 10 years;

(6) If the petitioner’s husband may be presumed dead.

If this bill will be enacted into a law, the woman will no longer have to pay for the annulment proceedings, which usually range from P150,000 to P200,000. For the conversion of documents, the woman needs at least P50,000 to change the identification cards including Social Security System ID, telecommunications bills, postal ID and many others. 

The Republic Act 386 currently has the following conditions in terms of the use of surname: 

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.

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

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

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

a) In SUCs and LUCs

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

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

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

b) In State-Run TVIs:

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

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

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

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

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

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

Hospitals provide medical care and attention to patients who are sick. Whenever an individual fails to nurse himself/herself back to health, confinement is required for further treatment. Ensuring that you are in good shape is essential because as they say, getting sick is a luxury nowadays considering the vast amount of money you have to pay for your hospital bills. There are many cases where patients are not allowed to be discharged unless bills are settled. Now the question is: Does the hospital have the right to detain patients due to unpaid hospital bills? What are the conditions that determine hospital detention? 

The Republic Act No. 9439 otherwise known as "An Act Prohibiting the Detention of Patients in Hospitals and Medical Clinics on Grounds of Nonpayment of Hospital Bills or Medical Expenses" provides policies and guidelines to hospital and patients. 

V. Policies and Guidelines: 

A. General Policies:

1. Patients, except those who stay in private rooms, who are partially or fully recovered and who wish to leave the hospital or medical clinic but are incapable to pay, in part or in full, their hospital bills or medical expenses/ hospitalization expenses shall be allowed to leave the hospital or medical clinic and shall be issued the corresponding medical certificate and other pertinent documents for their release from the hospital or medical clinic upon execution of a promissory note covering the unpaid obligations. The promissory note shall be secured by either a mortgage, or a guarantee of a co-maker who shall be jointly and severally liable for the unpaid obligations.

2. In the case of a deceased patient, any of his/ her surviving relatives shall be issued the corresponding death certificate and other pertinent documents for interment purpose only. For other purposes, such documents shall be issued only upon execution of a promissory note covering the unpaid obligations by any of the surviving relatives. The promissory note shall be secured by either a mortgage, or a guarantee of a co-maker who shall be jointly and severally liable for the unpaid obligations. In the event the documents will be needed for purposes of getting the benefits from the Social Security System. Government Service Insurance System, Philippine Health Insurance Corporation, insurance policies or pre-need plans, the hospital may require the execution of an assignment of proceeds up to the extent of the hospital bills or medical expenses/ hospitalization expenses.

3. In the case of a deceased patient, any of his/ her surviving relatives who refuse to execute a promissory note shall be allowed to claim the cadaver and can demand the issuance of death certificate and other pertinent documents for interment purposes. Documents for other purposes shall be released only after execution of a promissory note.

4. Any hospital or medical clinic detaining or causing, directly or indirectly, the detention of patient for reason of nonpayment, in part or in full, of hospital bills or medical expenses/ hospitalization expenses shall be held accountable for such unlawful act. Detention occurs when all of the following are present:

a) The patient who is partially or fully recovered has expressed his/ her intention to leave the hospital or medical clinic, or the attending physician has issued a discharge order;

b) The patient is not confined in a private room and is financially incapable to settle in part or in full the corresponding hospital bills or medical expenses/ hospitalization expenses;

c) Patient has executed a promissory note covering the unpaid hospital bills or medical expenses/ hospitalization expenses; and

d) The officer or employee of the hospital or medical clinic responsible for releasing the patient has restrained him from leaving the hospital premises.

5. In the case of a deceased patient, any hospital or medical clinic refusing to release the cadaver for reason of nonpayment, in part or in full, of hospital bills or medical expenses/ hospitalization expenses shall be held accountable for such unlawful act. Detention occurs when all of the following are present:

a) The medical officer has made the pronouncement of death;

b) Any of the surviving relatives is incapable to pay the corresponding hospital bills or medical expenses/ hospitalization expenses; 

c) Any of the surviving relatives has executed a promissory note covering the unpaid hospital bills or medical expenses/hospitalization expenses; and

d) The officer or employee of the hospital or medical clinic responsible for releasing the deceased patient has refused to release the cadaver and/ or relevant documents.

B. Specific Guidelines:

1. Classification, Admission and Discharge of Patients

To minimize, if not prevent, incidence of patients being unable to pay, and hospitals or medical clinics detaining patients for reason of nonpayment of hospital bills or medical expenses/ hospitalization expenses, patients and hospitals or medical clinics alike may institute and observe the following:

a) Government hospitals or medical clinics shall classify patients in terms of their capacity to pay according to the guidelines set by the DOH in Administrative Order No. 51-A s. 2000: Implementing Guidelines on Classification of Patients and on Availment of Medical Social Services in Government Hospitals, dated October 12, 2001.

b) Private hospitals or medical clinics shall have written policies and procedures to classify patients in terms of their capacity to pay. For this purpose, private hospitals or medical clinics may refer to AO No. 51-A s. 2000.

c) The DOH, government and private hospitals or medical clinics shall, as far as practicable, assist patients in looking for financial assistance from government and non-government sources to settle the unpaid hospital bills or medical expenses/ hospitalization expenses. Toward this end, the DOH shall work closely with financial institutions like, but not limited to, Philippine Health Insurance Corporation, Philippine Charity Sweepstakes Office, Philippine Amusement and Gaming Corporation, Local Government Units, as well as ,Congress, to provide funds for this purpose.

d) All hospitals or medical clinics shall establish billing and collection procedures subject to current accounting and auditing rules and regulations.

e) All hospitals or medical clinics shall have written policies and procedures for admitting and releasing patients, including identifying the officer/s or employee/s responsible for releasing patients.

2. Execution of Promissory Note

a) Except those who stay in private rooms, patients who are partially or fully recovered and who wish to leave the hospital or medical clinic but are incapable to pay, in part or in full, their hospital bills or medical expenses/ hospitalization expenses are obliged to execute a promissory note secured by either a mortgage, or a guarantee of a co-maker.

b) In the case of a deceased patient, any of his surviving relatives is obliged to execute a promissory note secured by either a mortgage, or a guarantee of a co-maker.

c) Hospitals or medical clinics shall have written policies and procedures for execution of promissory notes secured by either a mortgage, or a guarantee of a co-maker.

3. Penalty

Any officer or employee of a hospital or medical clinic responsible for releasing patients who has been found to commit any violation of R.A. No. 9439 and its implementing rules and regulations shall be punished by either a fine of not less than Twenty Thousand Pesos (P20,000) but not more than Fifty Thousand Pesos (P50,000), or imprisonment of not less than One (1) Month but not more than Six (6) months, or both such fine and imprisonment, at the discretion of the proper court.

In a country where increasing unemployment rate continues to be one of the issues that the government is trying to address, people struggle to put food on their plate by securing a regular full-time job. Unfortunately, not everyone can guarantee a job that pays the bills and provides food for the family. Due to labor laws, some workers are employed for a short period of time only. Even if you are only a project-based employee, it is imperative that you are aware of the different causes of termination of employment. 

Termination of Employment

Art. 279. Security of tenure. In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement. (As amended by Section 34, Republic Act No. 6715, March 21, 1989)

Art. 280. Regular and casual employment. The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.

An employment shall be deemed to be casual if it is not covered by the preceding paragraph: Provided, That any employee who has rendered at least one year of service, whether such service is continuous or broken, shall be considered a regular employee with respect to the activity in which he is employed and his employment shall continue while such activity exists.

Art. 281. Probationary employment. Probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who is allowed to work after a probationary period shall be considered a regular employee.

Art. 282. Termination by employer. An employer may terminate an employment for any of the following causes:

1. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
2. Gross and habitual neglect by the employee of his duties;
3. Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;
4. Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and
5. Other causes analogous to the foregoing.

Art. 283. Closure of establishment and reduction of personnel. The employer may also terminate the employment of any employee due to the installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this Title, by serving a written notice on the workers and the Ministry of Labor and Employment at least one (1) month before the intended date thereof. In case of termination due to the installation of labor-saving devices or redundancy, the worker affected thereby shall be entitled to a separation pay equivalent to at least his one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.

Art. 284. Disease as ground for termination. An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.

Art. 285. Termination by employee.

1. An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.

2. An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes: 

1. Serious insult by the employer or his representative on the honor and person of the employee;
2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;
3. Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and
4. Other causes analogous to any of the foregoing.

Art. 286. When employment not deemed terminated. The bona-fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic duty shall not terminate employment. In all such cases, the employer shall reinstate the employee to his former position without loss of seniority rights if he indicates his desire to resume his work not later than one (1) month from the resumption of operations of his employer or from his relief from the military or civic duty.

Married couples who decide to call it quits often argue about the properties acquired before and during marriage. Matters regarding splitting properties in half between husband and wife are brought to court as couples cannot seem to meet half way. The law has different take on this matter, depending on the circumstances. The Family Code of the Philippines provides a detailed explanation about the law governing marital properties. Since it took effect in 1988, revisions must be taken into account. Hence, couples who got married on August 3, 1988 up to present will no longer follow the law of conjugal property. This is because former-president Corazon Aquino signed the provisions of the Family Code of the Philippines. Under the provisions of this law, without marriage settlement or more commonly referred to as prenuptial agreement, a married couple's properties, which are acquired before and during marriage will be considered to be co-owned by the couple. This is called absolute community of property. 

Even properties which have been inherited or donated by either spouse will still be part of the absolute community of property. If couples decide to file a petition for legal separation, annulment or divorce, the legal action will have no effect on the property regime unless judicial separation of properties (where couples are required to split properties in half) has been filed. 

Exclusive Property of Each Spouse

Art. 109. The following shall be the exclusive property of each spouse:

(1) That which is brought to the marriage as his or her own;

(2) That which each acquires during the marriage by gratuitous title;

(3) That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and

(4) That which is purchased with exclusive money of the wife or of the husband.

Art. 110. The spouses retain the ownership, possession, administration and enjoyment of their exclusive properties.

Either spouse may, during the marriage, transfer the administration of his or her exclusive property to the other by means of a public instrument, which shall be recorded in the registry of property of the place the property is located.

Art. 111. A spouse of age may mortgage, encumber, alienate or otherwise dispose of his or her exclusive property, without the consent of the other spouse, and appear alone in court to litigate with regard to the same.

Art. 112. The alienation of any exclusive property of a spouse administered by the other automatically terminates the administration over such property and the proceeds of the alienation shall be turned over to the owner-spouse.

Art. 113. Property donated or left by will to the spouses, jointly and with designation of determinate shares, shall pertain to the donee-spouses as his or her own exclusive property, and in the absence of designation, share and share alike, without prejudice to the right of accretion when proper.

Art. 114. If the donations are onerous, the amount of the charges shall be borne by the exclusive property of the donee spouse, whenever they have been advanced by the conjugal partnership of gains.

Art. 115. Retirement benefits, pensions, annuities, gratuities, usufructs and similar benefits shall be governed by the rules on gratuitous or onerous acquisitions as may be proper in each case.

Christians going through Islamic conversion is not a unique story especially if the decision involves gaining civil and religious freedom to remarry without facing the consequences of becoming liable for polygamy or concubinage. Before an individual can decide to convert to Islam, there are still some legalities that should be taken into consideration. Keep in mind that getting converted into Islam is not an easy and instant process. Even if Islamic marriage law and principles allow marrying as many women as you want, you will have to prove that you have the capability to support your wives financially. What does the law say about Islamic conversion, marriage and divorce?

Conversions 

Art. 176. Effect of registration of conversion to Islam. — (1) Registration of a person's conversion to Islam shall constitute a prima facie proof that he professes Islam.

(2)  Whoever disputes the profession or renunciation of Islam by any person shall have the burden of proving the contrary. 

Art. 177. Regulation on conversion. — No conversion of a minor below the age of eighteen years shall be registered by the District or Circuit Registrar without the written consent or permission of the parents or guardian, except when such minor has been emancipated from parental authority in accordance with law. 

Art.  178. Effect of conversion to Islam on marriage. — The conversion of non-Muslim spouses to Islam shall have the legal effect of ratifying their marriage as if the same had been performed in accordance with the provisions of this Code or Muslim law, provided that there is no legal impediment to the marriage under Muslim law. 

Art.  179. Effect of change of religion. — The change of religion by a Muslim shall not have the effect of extinguishing any obligation or liability whatsoever incurred prior to said change. 

CHAPTER I 

Marriage and Divorce

Applicability Clause

Art.  13. Application. — (1) The provisions of this Title shall apply to marriage and divorce wherein both parties are Muslims, or wherein only the male party is a Muslim and the marriage is solemnized in accordance with Muslim law or this Code in any part of the Philippines. 

(2) In case of marriage between a Muslim and a non-Muslim, solemnized not in accordance with Muslim law or this Code, the Civil Code of the Philippines shall apply.  

(3) Subject to the provisions of the preceding paragraphs, the essential requisites and legal impediments to marriage, divorce, paternity and filiation, guardianship and custody of minors, support and maintenance, claims for customary dower (mahr), betrothal, breach of contract to marry, solemnization and registration of marriage and divorce, rights and obligations between husband and wife parental authority, and the properly relations between husband and wife shall be governed by this Code and other applicable Muslim laws. 

CHAPTER II 

Marriage (Nikah) 

Section 1.  Requisites of Marriage. — 

Art.  14. Nature. — Marriage is not only a civil contract but a social institution. Its nature, consequences and incidents are governed by this Code and the Shari'a and not subject to stipulation, except that the marriage settlements may to a certain extent fix the property relations of the spouses. 

Art.  15. Essential requisites. — No marriage contract shall be perfected unless the following essential requisites are compiled with: 

(a) Legal capacity of the contracting parties; 

(b) Mutual consent of the parties freely given; 

(c) Offer (ijab) and acceptance (qabul) duly witnessed by at least two competent persons after the proper guardian in marriage (wali) has given his consent; and

(d) Stipulation of customary dower (mahr) duly witnessed by two competent persons. 

Art.  16. Capacity to contract marriage. — (1) Any Muslim male at least fifteen years of age and any Muslim female of the age of puberty or upwards and not suffering from any impediment under the provisions of this Code may contract marriage. A female is presumed to have attained puberty upon reaching the age of fifteen. 

(2) However, the Shari'a District Court may, upon petition of a proper wali, order the solemnization of the marriage of a female who though less than fifteen but not below twelve years of age, has attained puberty. 

(3) Marriage through a wali by a minor below the prescribed ages shall be regarded as betrothal and may be annulled upon the petition of either party within four years after attaining the age of puberty, provided no voluntary cohabitation has taken place and the wali who contracted the marriage was other than the father or paternal grandfather. 

Art.  17. Marriage ceremony. — No particular form of marriage ceremony is required but the ijab and the gabul in marriage shall be declared publicly in the presence of the person solemnizing the marriage and two competent witnesses. This declaration shall be set forth in an instrument in triplicate, signed or marked by the contracting parties and said witnesses, and attested by the person solemnizing the marriage. One copy shall be given to the contracting parties and another sent to the Circuit Registrar by the solemnizing officer who shall keep the third.

Issues with birth certificates such as misspelled first name, wrong gender or no first name should not be ignored. Your birth certificate is an essential document required in enrolling your kids to school, securing a passport, signing up for SSS membership and others. The official website of the Philippine Statistics Authority provides solutions to common problems people encounter when securing their birth certificate. 

Blurred 

If the record of PSA is blurred, the local civil registrar shall be requested to endorse a copy of the birth certificate with clearer entry in the first name to the PSA.

If the record of PSA and civil registry are both blurred, a petition for correction of clerical error under the provisions of R.A. 9048 should be filed.

Wrong Spelling

The wrongly spelled first name in the birth certificate should be corrected by filing a petition for correction of clerical error under the provisions of Republic Act 9048.

No First Name

If the name of the child in the birth certificate is blank, a supplemental report should be filed to supply the missing entry.

 

First name used is different from the first name entered in the birth certificate

If the first name used is different from what is entered in the birth certificate, the first name in the birth certificate shall be changed by filing a petition for change of first name under the provisions of R.A. 9048.

Change of first names like Ma. to Maria should be corrected by filing a petition for change of first name under the provisions of R.A. 9048.

First name is "Baby Boy", "Baby Girl", "Baby", "Boy" and "Girl"

If child is born before 1993

The first name “Baby Boy”, “Baby Girl”, “Baby”, “Boy” and “Girl” as considered as if the first names were omitted, hence these are cases falling under the procedure of supplemental report. (Memorandum Circular dated September 12, 2008 re “Revisions n Paragraph 2, Case No. 1 of Memorandum Circular No. 2007-2008)   

If child is born in 1993 onwards

In 1993 onwards the “Baby Boy”, “Baby Girl”, “Baby”, “Boy” and “Girl” are already considered as a first name and can be corrected by filing a petition for change of first name under R.A. 9048. (Memorandum Circular dated September 12, 2008 re “Revisions n Paragraph 2, Case No. 1 of Memorandum Circular No. 2007-2008)

For more information about supporting documents you need to secure and other problems related to birth certificate, visit Philippine Statistics Authority's website. 

Classes in both public and private schools have officially opened. Since the implementation of K to 12 educational system in 2011, teachers have been in demand. This is because the program requires students to have one year of kindergarten, six years of elementary education, four years of junior highschool and two years of senior highschool, which is referred to as grades 11 and 12. The program needs additional teachers to accommodate students advancing to senior high school. For aspiring teachers, the Republic Act No. 7836 or the Philippine Teachers Professionalization Act of 1994 strengthens the supervision and regulation of the practice of teaching in the Philippines. All teachers are required to take and pass Licensure Examination for Teachers (LET). 

ARTICLE III

EXAMINATION AND REGISTRATION

SECTION 13.    Examination, Registration and License Required. — Except as otherwise specifically allowed under the provisions of this Act, all applicants for registration as professional teachers shall be required to undergo a written examination which shall be given at least once a year in such places and dates as the Board may determine upon approval by the Commission.  A valid certificate of registration and a valid professional license from the Commission are required before any person is allowed to practice as a professional teacher in the Philippines, except as otherwise allowed under this Act.

SECTION 14.    Scope of Examination. — The examinations for the elementary and secondary school teachers shall be separate.  The examination for teachers in the elementary level shall consist of two (2) parts, namely:  professional education and general education.  The examination for teachers in the secondary level shall consist of three (3) parts, namely:  professional education, general education, and field of specialization.

SECTION 15.    Qualification Requirements of Applicants. — No applicant shall be admitted to take the examination unless, on the date of filing of the application, he shall have complied with the following requirements:

(a)    A citizen of the Philippines or an alien whose country has reciprocity with the Philippines in the practice of the teaching profession;

(b)    At least eighteen (18) years of age;

(c)    In good health and of good reputation with high moral values;

(d)    Has not been convicted by final judgment by a court for an offense involving moral turpitude;

(e)    A graduate of a school, college or university recognized by the government and possesses the minimum educational qualifications, as follows:

(1)    For teachers in preschool, a bachelor's degree in early childhood education (BECED) or its equivalent;

(2)    For teachers in the elementary grades, a bachelor's degree in elementary education (BSEED) or its equivalent;

(3)    For teachers in the secondary grades, a bachelor's degree in education or its equivalent with a major and minor, or a bachelor's degree in arts and sciences with at least ten (10) units in professional education; and

(4)    For teachers of vocational and two-year technical courses, a bachelor's degree in the field of specialization or its equivalent, with at least eighteen (18) units in professional education.

SECTION 16.    Report of the Results of the Examination. — The Board shall, within one hundred twenty (120) days after the examination, report the ratings obtained by each candidate to the Professional Regulation Commission for approval and appropriate action.

SECTION 17.    Issuance of Certificate of Registration and Professional License. — The registration of a professional teacher commences from the date his name is enrolled in the roster of professional teachers.  

Every registrant who has satisfactorily met all the requirements specified in this Act shall, upon payment of the registration fee, be issued a certificate of registration as a professional teacher bearing the full name of the registrant with serial number and date of issuance signed by the chairman of the Commission and the chairman, vice-chairman, and members of the Board, stamped with the official seal, as evidence that the person named therein is entitled to practice the profession with all the rights and privileges appurtenant thereto.  The certificate shall remain in full force and effect until withdrawn, suspended and/or revoked in accordance with law.

A professional license signed by the chairman of the Commission and bearing the registration number and date of issuance thereof and the month of expiry or renewability shall likewise be issued to every registrant who has paid the annual registration fees for three (3) consecutive years.  This license shall serve as evidence that the licensee can lawfully practice his profession until the expiration of its validity.

SECTION 18.    Oath Before Practice. — Every registrant shall be required to take his professional oath before practicing as a professional teacher.

SECTION 19.    Periodic Merit Examination of Teachers. — To encourage continuing professional growth and development and to provide additional basis for merit promotion, in addition to their performance rating, teachers may take an oral and written examination at least once in five (5) years as basis for merit promotion.  In taking this examination, no fee shall be required.

Sec. 20.    Failure to Pass the Merit Examination. — If a teacher fails to pass the merit examination, he or she shall be allowed to take the examination for a second time.  Should he or she fail to pass the merit examination for the second time, then he or she shall be required to take a DECS accredited refresher course or program before being allowed to retake the examination.

Failure of any permanent teacher to pass the merit examination shall not, however, be used as a ground for his/her dismissal or demotion.

On Monday, Maute Group, an Islamic militant group said to be connected to ISIS brought fear and terror to Marawi. They set city jail on fire, freed 100 inmates, brought panic to hospitals, held civilians captive and even took lives of people. Marawi residents are scared because the worst is yet to come. As residents leave the place, government forces continue to prevent the Islamic group from terrorizing the city. 

Since many lives are at stake and peace cannot be forged, President Duterte had to cut his trip to Russia short to attend to the serious issue that has plagued Marawi. On Wednesday, Duterte placed Mindanao under Martial law with a hint of extending it in Visayas. 

Some supported the move while others want a much better solution than declaring Martial law. For those who were born in the era where the Marcoses reigned supreme, there are apprehensions regarding the implications of Martial law. Will history repeat itself? Is it something that Filipino people should be afraid of? 

The 1987 Constitution of the Republic of the Philippines define what Martial law is and when it is applicable:

Section 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus.

The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.

During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.

For individuals who persevere and work hard, reaching their dreams is never impossible. Ramil Comendador proves that nothing is impossible when you do everything to fulfill your ambition. 

The most surprising part is that Ramil was a former janitor, but later on, he became an election assistant at the Commission on Elections (COMELEC) office.

He admitted that it was never easy to juggle his job and law study at the same time. Imagine memorizing legal terms while maintaining a good job performance. Anyone who has undergone such an experience will surely heave a sigh of relief upon discovering that the hard work has paid off. 

His eagerness to become a lawyer has borne fruits as he joins the 3,747 students who passed the 2016 bar exams. In spite of passing the bar exams, Comendador remained humble and vowed to continue working at Comelec for the time being.

His wife, Christy and colleagues are happy for what he achieved. Comendador also hoped that becoming a lawyer will be a perfect opportunity for him to meet his father whom he had never seen all his life. 

The success story of Ramil Comendador truly inspires others to dream big. 

These days, a car is more of a need than a want as it conveniently takes you from point A to point B. What if someone takes away the convenience you enjoy for their own gain? It is indeed devastating and even disheartening to discover that your parked car is nowhere to be found. All the hardwork is wasted upon finding out that your vehicle has been carnapped. You may immediately panic, but it is important to have presence of mind so you can still hold on to essential details, which will help you track your stolen car. 

The details you need to obtain before contacting the authorities are the distinguishing features of your car, Vehicle Identification Number (VIN), car's make and model and the license plate number. 

There are instances when your car is parked in a different section. In this case, your car may not be stolen but towed. Before going on panic mode, make sure you verify this information. If your vehicle is being towed, you need to get the contact number of a traffic management or local towing office. 

If you have a car insurance, you should also let the insurance company know about the incident. If you have got a cover that protects your vehicle against theft, you will be able to get an insurance coverage for the vehicle's fair market value. You will need to present a copy of the police report and certificate of registration to your provider. 

Most vehicles are equipped with Global Positioning System (GPS) unit that enables car owner to determine where their car is. This car feature will also increase the odds that you are going to recover your car. 

Section 14 of Republic Act No. 6539 provides details on the penalty imposed upon individuals who violate the law:

Section 14. Penalty for Carnapping. Any person who is found guilty of carnapping, as this term is defined in Section two of this Act, shall, irrespective of the value of motor vehicle taken, be punished by imprisonment for not less than fourteen years and eight months and not more than seventeen years and four months, when the carnapping is committed without violence or intimidation of persons, or force upon things; and by imprisonment for not less than seventeen years and four months and not more than thirty years, when the carnapping is committed by means of violence against or intimidation of any person, or force upon things; and the penalty of life imprisonment to death shall be imposed when the owner, driver or occupant of the carnapped motor vehicle is killed in the commission of the carnapping.

Pardon and amnesty are two legal terms that bring confusion to those who are not familiar with the specific terms that encompass Philippine law. When it comes to the actions and proceedings relating to amnesty and pardon, there are some factors that must be taken into consideration hence, the distinction. By definition as defined under Section 1 of Proclamation No. 724:

Section 1. Grant of Amnesty. – Amnesty is hereby granted to all persons who shall apply therefor and who have or may have committed crimes, on or before June 1, 1995, in pursuit of their political beliefs, whether punishable under the Revised Penal Code or special laws, including but not limited to the following: rebellion or insurrection; coup d’etat; conspiracy and proposal to commit rebellion, insurrection, or coup d’etat; disloyalty of public officers or employees; inciting to rebellion or insurrection; sedition; conspiracy to commit sedition; inciting to sedition; illegal assembly; illegal association; direct assault; indirect assault; resistance and disobedience to a person in authority or agents of such person; tumults and other disturbances of public order; unlawful use of means of publication and unlawful utterances; alarms and scandals; illegal possession of firearms, ammunitions, and explosives, committed in furtherance of, incident to, or in connection with the crimes of rebellion and insurrection; and violations of Articles 59 (desertion), 62 (absence without leave), 67 (mutiny or sedition), 68 (failure to suppress mutiny or sedition), 94 (various crimes), 96 (conduct unbecoming an officer and gentleman), and 97 (general article) of the Articles of War; Provided, That the amnesty shall not cover crimes against chastity and other crimes for personal ends.

On the other hand, pardon is defined under the provisions of Act No. 4103 as:

SEC. 1. Policy Objectives - Under the provisions of Act No. 4103, as amended, otherwise known as the "Indeterminate Sentence Law", which was approved on December 5, 1933, it is the function of the Board of Pardons and Parole to uplift and redeem valuable human material to economic usefulness and to prevent unnecessary and excessive deprivation of personal liberty by way of parole or through executive clemency. Towards this end, the Board undertakes the following:

1. Looks into the physical, mental and moral records of prisoners who are eligible for parole or any form of executive clemency and determines the proper time of release of such prisoners on parole; 

2. Assists in the full rehabilitation of individuals on parole or those under conditional pardon with parole conditions, by way of parole supervision; and, 

3. Recommends to the President of the Philippines the grant of any form of executive clemency to prisoners other than those entitled to parole.

Imprisonment is probably one of the worst life experiences an individual must endure. While committing a crime results in incarceration, the thought of being denied of freedom is just too heavy to bear. To some, hopes are nebulous, but others are still hopeful that they will soon be freed from the invisible shackles of imprisonment. Only time and law can tell. 

Speaking of law, prisoners and their family members must be well aware of the law regarding obtaining release from imprisonment. How is it obtained? Can good conduct give you the freedom you have been longing? Before digging deeper into release from imprisonment, it is important to understand what completion of sentence is. By definition, completion of sentence means that a prisoner has already reached that prescribed period when penalty is served. For instance, if a person is sentenced to 10 years, a discharge paper must be prepared as proof that the person has already completed the sentence. 

Is there huge possibility that a prisoner will be given recommendation of the parole officer due to good conduct? Republic Act 10592 explains Good Conduct Time Allowance:

SEC. 3. Article 97 of the same Act is hereby further amended to read as follows:

ART. 97. Allowance for good conduct. – The good conduct of any offender qualified for credit for preventive imprisonment pursuant to Article 29 of this Code, or of any convicted prisoner in any penal institution, rehabilitation or detention center or any other local jail shall entitle him to the following deductions from the period of his sentence:

1. During the first two years of imprisonment, he shall be allowed a deduction of twenty days for each month of good behavior during detention;

2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a reduction of twenty-three days for each month of good behavior during detention;

3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of twenty-five days for each month of good behavior during detention;

4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of thirty days for each month of good behavior during detention; and

5. At any time during the period of imprisonment, he shall be allowed another deduction of fifteen days, in addition to numbers one to four hereof, for each month of study, teaching or mentoring service time rendered.

Let's face it, many relationship problems are often due to unresolved conflicts with money. For married couples, issues with property, inheritance and money can result in going separate ways. Even long separation cannot pacify each party and such conflicts can result in unending arguments that will only add insult to injury. Even for unmarried couples, conflicts due to money also exist.  This relationship is often referred to as live-in relationship or common-law marriage. 

Under Article 147 of the Family code:

Art. 147. When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership.

In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. For purposes of this Article, a party who did not participate in the acquisition by the other party of any property shall be deemed to have contributed jointly in the acquisition thereof if the former’s efforts consisted in the care and maintenance of the family and of the household.

Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and owned in common, without the consent of the other, until after the termination of their cohabitation.

When only one of the parties to a void marriage is in good faith, the share of the party in bad faith in the co-ownership shall be forfeited in favor of their common children. In case of default of or waiver by any or all of the common children or their descendants, each vacant share shall belong to the respective surviving descendants. In the absence of descendants, such share shall belong to the innocent party. In all cases, the forfeiture shall take place upon termination of the cohabitation.

In this case, the property acquired by both parties will be governed by the rules on equal co-ownership. On the other hand, if prior or existing marriage has not been declared void, Article 148 of the Family Code states that: 

Art. 148. In cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidences of credit.

If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. If the party who acted in bad faith is not validly married to another, his or her shall be forfeited in the manner provided in the last paragraph of the preceding Article.

The foregoing rules on forfeiture shall likewise apply even if both parties are in bad faith.

No matter how hard you try to make ends meet, there are times when cashflow becomes limited and if you have no one to turn to, lending firms are going to extend a helping hand by assisting you with your financial needs. Most creditors are considered as a breath of fresh air to people who are in need of instant cash. Once approved, the money becomes available within 24 hours and will be repaid on installment basis. 

Although creditors provide financial assistance, borrowers are often in confusion upon finding out that there are finance charges incurred on top of the amount borrowed. This is why creditors or lenders have to educate debtors or borrowers on the terms and conditions. 

The Republic Act No. 3765 provides detailed information of this policy:

Section 4. Any creditor shall furnish to each person to whom credit is extended, prior to the consummation of the transaction, a clear statement in writing setting forth, to the extent applicable and in accordance with rules and regulations prescribed by the Board, the following information:

(1) the cash price or delivered price of the property or service to be acquired;

(2) the amounts, if any, to be credited as down payment and/or trade-in;

(3) the difference between the amounts set forth under clauses (1) and (2);

(4) the charges, individually itemized, which are paid or to be paid by such person in connection with the transaction but which are not incident to the extension of credit;

(5) the total amount to be financed;

(6) the finance charge expressed in terms of pesos and centavos; and

(7) the percentage that the finance bears to the total amount to be financed expressed as a simple annual rate on the outstanding unpaid balance of the obligation.

Section 5. The Board shall prescribe such rules and regulations as may be necessary or proper in carrying out the provisions of this Act. Any rule or regulation prescribed hereunder may contain such classifications and differentiations as in the judgment of the Board are necessary or proper to effectuate the purposes of this Act or to prevent circumvention or evasion, or to facilitate the enforcement of this Act, or any rule or regulation issued thereunder.

Section 6. (a) Any creditor who in connection with any credit transaction fails to disclose to any person any information in violation of this Act or any regulation issued thereunder shall be liable to such person in the amount of P100 or in an amount equal to twice the finance charged required by such creditor in connection with such transaction, whichever is the greater, except that such liability shall not exceed P2,000 on any credit transaction. Action to recover such penalty may be brought by such person within one year from the date of the occurrence of the violation, in any court of competent jurisdiction. In any action under this subsection in which any person is entitled to a recovery, the creditor shall be liable for reasonable attorney's fees and court costs as determined by the court.

(b) Except as specified in subsection (a) of this section, nothing contained in this Act or any regulation contained in this Act or any regulation thereunder shall affect the validity or enforceability of any contract or transactions.

(c) Any person who willfully violates any provision of this Act or any regulation issued thereunder shall be fined by not less than P1,00 or more than P5,000 or imprisonment for not less than 6 months, nor more than one year or both.

(d) No punishment or penalty provided by this Act shall apply to the Philippine Government or any agency or any political subdivision thereof.

(e) A final judgment hereafter rendered in any criminal proceeding under this Act to the effect that a defendant has willfully violated this Act shall be prima facie evidence against such defendant in an action or proceeding brought by any other party against such defendant under this Act as to all matters respecting which said judgment would be an estoppel as between the parties thereto. 

Filing a petition for legal separation is an option married couples consider in place of annulment. However, there are many misconceptions about legal separation and one of which is that when you are legally separated, you are free to marry another individual. 

Before you decide on filing a petition, be sure you are familiar with the rules of court. A summary of the law on legal separation will give you an idea about the process. 

RULE ON LEGAL SEPARATION

Section 1. Scope. - This Rule shall govern petitions for legal separation under the Family Code of the Philippines.

The Rules of Court shall apply suppletorily. 

Sec. 2. Petition. - (a) Who may and when to file. - (1) A petition for legal separation may be filed only by the husband or the wife, as the case may be within five years from the time of the occurrence of any of the following causes:

(a) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner; 

(b) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;

(c) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;

(d) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;

(e) Drug addiction or habitual alcoholism of the respondent; 

(f) Lesbianism or homosexuality of the respondent;

(g) Contracting by the respondent of a subsequent bigamous marriage, whether in or outside the Philippines;

(h) Sexual infidelity or perversion of the respondent;

(i) Attempt on the life of petitioner by the respondent; or 

(j) Abandonment of petitioner by respondent without justifiable cause for more than one year.

(b) Contents and form. - The petition for legal separation shall: 

(1) Allege the complete facts constituting the cause of action. 

(2) State the names and ages of the common children of the parties, specify the regime governing their property relations, the properties involved, and creditors, if any. If there is no adequate provision in a written agreement between the parties, the petitioner may apply for a provisional order for spousal support, custody and support of common children, visitation rights, administration of community or conjugal property, and other similar matters requiring urgent action,

(3) Be verified and accompanied by a certification against forum shopping. The verification and certification must be personally signed by the petitioner. No petition may be filed solely by counsel or through an attorney-in-fact. If the petitioner is in a foreign country, the verification and certification against forum shopping shall be authenticated by the duly authorized officer of the Philippine embassy or legation, consul general, consul or vice-consul or consular agent in said country

(4) Be filed in six copies. The petitioner shall, within five days from such filing, furnish a copy of the petition to the City or Provincial Prosecutor and the creditors, if any, and submit to the court proof of such service within the same period.cralaw

Failure to comply with the preceding requirements may be a ground for immediate dismissal of the petition. 

(c) Venue. - The petition shall be filed in the Family Court of the province or city where the petitioner or the respondent has been residing for at least six months prior to the date of filing "or in The case of a non-resident respondent, where he may be found in the Philippines, at the election of the petitioner.cralaw

Sec. 3. Summons. - The service of summons shall be governed by Rule 14 of the Rules of Court and by the following rules: 

(a) Where the respondent cannot be located at his given address or his whereabouts are unknown and cannot be ascertained by diligent inquiry, service of summons may, by leave of court, be effected upon him by publication once a week for two consecutive weeks in a newspaper of general circulation in the Philippines and in such place as the court may order. In addition, a copy of the summons shall be served on respondent at his last known address by registered mail or by any other means the court may deem sufficient.

(b) The summons to be published shall be contained in an order of the court with the following data; (1) title of the case; (2) docket number; (3) nature of the petition; (4) principal grounds of the petition and the reliefs prayed for, and (5) a directive for respondent to answer within thirty days from the last issue of publication.

Sec. 4. Motion to Dismiss. - No motion to dismiss the petition shall be allowed except on the ground of lack of jurisdiction over the subject matter or over the parties; provided, however, that any other ground that might warrant a dismissal of the case may be raised as an affirmative defense in an answer. 

Sec. 5. Answer. - (a) The respondent shall file his answer within fifteen days from receipt of summons, or within thirty days from the last issue of publication in case of service of summons by publication. The answer must be verified by respondent himself and not by counsel or attorney-in-fact. chan robles virtual law library

(b) If the respondent fails to file an answer, the court shall not declare him in default.

(c) Where no answer is filed/or if the answer does not tender an issue the court shall order the public prosecutor to investigate whether collusion exists between the parties.

Sec. 6. Investigation Report of Public Prosecutor. - (a) Within one one month after receipt of the court order mentioned in paragraph (c) of the preceding section, the public prosecutor shall submit a report to the court on whether the parties are in collusion and serve copies on the parties and their respective counsels, if any.

(b) If the public prosecutor finds that collusion exists, he shall state the basis thereof in his report. The parties shall file their respective comments on the finding of collusion within ten days from receipt of copy of the report. The court shall set the report for hearing and if convinced that parties are in collusion, it shall dismiss the petition.

(c) If the public prosecutor reports that no collusion exists, the court shall set the case for pre-trial. It shall be the duty of the public prosecutor to appear for the State at the pre-trial.

Sec. 7. Social Worker. - The court may require a social worker to conduct a case study and to submit the corresponding report at least three days before the pre-trial. The court may also require a case study at any stage of the case whenever necessary,

Corrupt practices are plaguing the country and it has been a political cancer waiting for a sure-fire antidote. Many people have been caught engaging in graft and corrupt practices, and preventive measures remained futile. There are still people who continue to exploit public funds by leaving a lavish lifestyle. The unexplained wealth convinces law enforcers that something is not right.

We have witnessed a great number of public figures who have been charged of graft and corruption for the past years.  Some ended up in jail while others continue to enjoy a luxurious lifestyle. Crime does pay, but if the evidence is weak, perpetrators will continue to roam the streets unscathed. At present, the violators of the Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act will face fifteen (15) years of imprisonment. 

A new law, which will be in conjunction of this act will aim to provide longer prescription period to those who are found violating the law. From 15 years, the prescription will be extended to 20 years. 

In case you are wondering what the Anti-Graft and Corrupt Practices Act covers, here is the summary:

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

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

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

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

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

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

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

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

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

(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group.

Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they belong.

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

(k) Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date.

The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or offering or giving to the public officer the employment mentioned in subparagraph (d); or urging the divulging or untimely release of the confidential information referred to in subparagraph (k) of this section shall, together with the offending public officer, be punished under Section nine of this Act and shall be permanently or temporarily disqualified in the discretion of the Court, from transacting business in any form with the Government.

A couple of friends recently told me how their very clever Philippine attorney got around the Philippine rule that non-Philippine citizens can not own real estate in the Philippines by forming a Philippine corporation. The corporation buys the property, then they use a variety of documents to avoid the 40/60 rule that limits non-citizens equity ownership to 40 percent. This all sounds very nice, but, my question to them, did their attorney discuss the Philippine Anti-Dummy Law with you?

Their question to me, what is the Anti-Dummy Law? My answer, good question. The Anti-Dummy Law is a law created to penalize those who violate foreign equity restrictions and evade nationalization laws of the Philippines. The Anti-Dummy Law prohibits dummy, or using what I call a proxy arrangement to accomplish a transaction not allowed under Philippine law. 

To get around the Philippine land ownership rules for example, non-citizens may arrange for a Filipino citizen to purchase land and register the land title to the Filipino citizen’s name, but with the agreement that the whole right to the land belongs to the foreigner. In this case, the Filipino citizen is the “proxy,” thus the “dummy arrangement.” Another common approach, is to create a corporation. The problem with using a corporation to avoid the land restrictions rules, is the 40-60 ratio that applies (40% foreign ownership, 60% Filipino ownership). Therefore a variety of side agreements are used to keep control of the corporation in the hands of the foreigner.

Again, The Anti-Dummy Law prohibits an arrangement usually done by a foreigner to evade nationality restrictions. If you’re caught violating the Anti-Dummy Law, you can receive a jail sentence for up to 5-15 years or receive a hefty fine. Non-Citizens and Filipino citizens who engaged in the dummy arrangement will both be held liable. 

This is only a limited overview of the broad reaching Anti- Dummy Law. If you are setting up a business or acquiring real property in the Philippines, you need to be aware of how the anti-dummy rules may be applied to the way the transaction is being structured. If you don’t want your dream business or property investment in the Philippines to turn into a legal nightmare. 

Now, my friends have assured me after talking to their attorney, there is nothing to worry about. The anti- dummy rules are not being enforced. However, the law is on the books for a reason. Therefore, this does not mean that the law will be enforced in the future. Should this happen, and you run afoul of the Anti- Dummy Law, it is you, not your attorney or friends that told you that it is okay to violate Philippine law, who is on the legal hook.