Whenever you go to a 'sari-sari' store or a business establishment and the owner or cashier is short of change, they will either give you a candy or tell you that they owe you a few cents. Most buyers do not bother to demand for the exact change. After all, the amount is less than a peso. Although this is a common and acceptable act to people running a business in the Philippines, enacting a bill into a law, which requires establishments to provide exact change will render this practice a violation. 

The law ensures that providing exact change to customers becomes a legal responsibility. Business owners should prepare peso coins to complete the buyer's change. Reasoning that you do not have a few cents to complete the change will no longer be an acceptable excuse. 

In fact, it is much better to provide excess change that give customers less than what you owe them. If you used to consider giving candies as an acceptable option for the lack of loose coins or bills, the law will prohibit this act. Customers are also encouraged to demand for exact change.

Republic Act No. 10909

Sec. 3. Definition of Terms. - For the purpose o this Act, the following terms shall mean:

a)Business establishment - any person, natural or juridical, whether single proprietorship, partnership or corporation, including a government-owned and -controlled corporation or a government entity exercising its proprietary functions, engaged in, or doing business in the Philippines, either in selling goods or providing services;

b) Change - the excess in the payment given by a consumer for goods and services purchased or received from a business establishment;

c) Consumer - a natural person who purchases goods or services in cash;

d) Goods - all types of tangible property that could be bought and sold, and the possession of which could be transferred in whole or in part, temporarily or permanently. 

e) Gross sales - the total invoice value of sales, before deducting for customer discount, allowances and returns;

f) Insufficient change - a change that is less than what is due the consumers;

g) Price - tag any device written, printed, affixed or attached to a good, or displayed in a consumer retail or service establishment for the purpose of indicating the retail price per unit or services;

h) Services - all types of commercial activities which enable the supply, access to, consumption or use of goods, intellectual property or other services; and 

i) Shortchange - the act of giving insufficient or no change to a consumer who purchased a product or service. 

Sec. 6. Penalties. - Any violation of this Act as determined by the DTI under Section 5 hereof shall be punished as follows: for the first offense, a violator shall be fined five hundred pesos (P500.00) or three percent (3%) of the gross sales of the business establishment on the day of the violation, whichever is higher; for the second offense, a violator shall be fined five thousand pesos (P5,000.00) or five percent (5%) of the gross sales whichever is higher; for the third offense, a violator shall be fined fifteen thousand pesos (P15,000.00) or seven percent (7%) of the gross sales of the business establishment on the day of the violation, whichever is higher, and the license to operate of the business establishment shall be suspended for three (3) months; and for the fourth offense, a violator shall be fined twenty-five thousand pesos (P25,000) or ten percent (10%) of the gross sales of the business establishment on the day of the violation, whichever is higher, and the license to operate of the business establishment shall be revoked. 

Most consumers often experience getting their request denied because of the No Return, No Exchange store policy. Do stores really have the right to implement this policy? Pursuant to the Implementing Rules and Regulations of R.A. 7394 or also known as the Consumer Act of the Philippines, consumers have the right to return defective goods or demand remedies in the event that the goods are defective. The presence of this policy is considered as deceptive because if a consumer does not know that the items are defective or imperfect, the sellers should honor complaints and provide warranties to consumers. While there is no specific period within which a buyer may return the purchased item, the rules applied depend on the nature of the purchased goods. 

There are even instances when the store only allows the item be exchanged once. This condition is prohibited because a customer can exchange the item as many times as these are defective as long as the customer opts for replacement. If the store violates the prohibition, the customer can file a complaint with the DTI. 

Consumer Product Quality and Safety

ARTICLE 5.             Declaration of Policy. — It shall be the duty of the State:

a)              to develop and provide safety and quality standards for consumer products, including performance or use-oriented standards, codes of practice and methods of tests;

b)              to assist the consumer in evaluating the quality, including safety, performance and comparative utility of consumer products;

c)              to protect the public against unreasonable risks of injury associated with consumer products;

d)              to undertake research on quality improvement of products and investigation into causes and prevention of product related deaths, illness and injuries;

e)              to assure the public of the consistency of standardized products.

ARTICLE 6.             Implementing Agencies. — The provisions of this Article and its implementing rules and regulations shall be enforced by:

a)              the Department of Health with respect to food, drugs, cosmetics, devices and substances;

b)              the Department of Agriculture with respect to products related to agriculture, and;

c)              the Department of Trade and Industry with respect to other consumer products not specified above.

ARTICLE 7.             Promulgation and Adoption of Consumer Product Standards. — The concerned department shall establish consumer product quality and safety standards which shall consist of one or more of the following:

a)              requirements as to performance, composition, contents, design, construction, finish, packaging of a consumer product;

b)              requirements as to kind, class, grade, dimensions, weights, material;

c)              requirements as to the methods of sampling, tests and codes used to check the quality of the product;

d)              requirements as to precautions in storage, transporting and packaging;

e)              requirements that a consumer product be marked with or accompanied by clear and adequate safety warnings or instructions, or requirements respecting the form of warnings or instructions.

For this purpose, the concerned department shall adopt existing government domestic product quality and safety standards: Provided, That in the absence of such standards, the concerned department shall form specialized technical committees composed of equal number of representatives from each of the Government, business and consumer sectors to formulate, develop and purpose consumer product quality and safety standards. The said technical committees shall consult with the private sector, which may, motu proprio, develop its own quality and safety standards that shall be subject to review and approval of the concerned government agency or agencies after public hearings have been conducted for that purpose; and shall likewise consider existing international standards recognized by the Philippine Government.

ARTICLE 8.             Publication of Consumer Product Standards. — The concerned department shall, upon promulgation of the above standards, publish or cause the publication of the same in two (2) newspapers of general circulation at least once a week for a period of not less than one (1) month. It may likewise conduct an information campaign through other means deemed effective to ensure the proper guidance of consumers, businesses, industries and other sectors concerned.

ARTICLE 9.             Effectivity of Rules. — a) Each consumer product standard or safety rule shall specify the date such rule is to take effect, which shall not exceed ninety (90) days from the date promulgated unless the concerned department finds, for good cause shown, that a later effective date is in the public interest and publishes its reasons for such finding. After which, it shall no longer be legal to, or cause to, sell or distribute the consumer product not complying with the standards or rules.

b)              The department may, by regulation, prohibit a manufacturer from stockpiling consumer products so as to prevent such manufacturer from circumventing the purposes of this paragraph. The term “stockpiling” means manufacturing or importing a product between the date of promulgation of its consumer product safety rule and its effective date, at a rate which is significantly greater than the rate at which such product was produced or imported during a base period, as prescribed in the regulation under this paragraph, ending before the date of promulgation of consumer product safety rule.

The Rent Control Act of 2009 used to protect tenants and landlords so both parties can arrive at an agreement. However, the law has already expired on December 31, 2015. While most landlords and tenants in the Philippines rely on verbal agreement, oral contracts are often breached when one party realizes later on, that it was not a fair deal. Even without the written contract, both parties can meet halfway. 

Rent Control Act of 2009

Section 4. Limit on Increases in Rent. - For a period of one (1) year from its effectivity, no increase shall be imposed upon the rent of any residential unit covered by this Act: Provided, That after such period until December 31, 2013, the rent of any residential unit covered by this Act shall not be increased by more than seven percent (7%) annually as long as the unit is occupied by the same lessee: Provided, further, That when the residential unit becomes vacant, the lessor may set the initial rent for the next lessee: Provided, however, That in the case of boarding houses, dormitories, rooms and bedspaces offered for rent to students, no increase in rental more than once per year shall be allowed.

Section 5. Coverage of this Act. - All residential units in the National Capital Region and other highly urbanized cities, the total monthly rent for each of which ranges from One peso (P1.00) to Ten thousand pesos (P10,000.00) and all residential units in all other areas, the total monthly rent for each of which ranges from One peso (P1.00) to Five thousand pesos (P5,000.00) as of the effectivity date of this Act shall be covered, without prejudice to existing contracts.

Section 6. Authority to Continue Rental Regulation. - Notwithstanding he lapse of the period provided in Section 4 of this Act. the Housing and Urban Development Coordinating Council (HUDCC) is hereby granted the authority to continue the regulation of the rental of certain residential units, to determine the period of regulation and its subsequent extensions if warranted, to determine the residential units covered and to adjust the allowable limit on rental increases per annum, taking into consideration, among others, National Statistics Office (NSO) census on rental units, prevailing rental rates, the monthly inflation rate on rentals of the immediately preceding year, and rental price index.

Section 7. Rent and Requirement of Bank Deposit. - Rent shall be paid in advance within the first five (5) days of every current month or the beginning of the lease agreement unless the contract of lease provides for a later date of payment. The lessor cannot demand more than one (1) month advance rent. Neither can he/she demand more than two (2) months deposit which shall be kept in a bank under the lessor's account name during the entire duration of the lease agreement. Any and all interest that shall accrue therein shall be returned to the lessee at the expiration of the lease contract.

The act covered various aspects of renting a property such as the requirement of bank deposit, rental regulation, policies and much more. Just because the act has expired does not mean landlords and tenants are no longer protected. Both parties have the option to negotiate. In terms of deposits, the tenant and landlord can discuss the option that works for both of them. There are landlords that do not rely on oral contract. This is where a written contract comes in. Written contracts will require tenants a security deposit worth 2 to 3 months' rent. If the tenant does not wish to renew the contract, the deposit will be returned provided, the unpaid bills and deductions for repairs have been made. 

When it comes to the duration of contract, the landlord assumes that the contract has been renewed if the tenant stays in the unit 15 days after the contract has expired. The landlord will furnish a new copy of the contract but with a different term. However, if you are in the lower end of the market, both parties rely on oral contracts. In this case, the landlord has the right to eject a tenant if they fail to pay the rent for three months. Most landlords do not allow subleasing and a violation of which will also be a ground for ejection. If the landlord decides to use the property, the tenant will be given three months' formal notice to vacate the place. 

Problems involving landlords and tenants are usually mediated by town tribunals. Matters will be taken to court if they have not been resolved at the town level. You may also refer to the Civil Code of the Philippines to know the general guideline for the conditions of lease of urban and rural lands. The guidelines can be found in Articles 1654-1688. 

Republic Act 10906 or an "An An act providing stronger measures against unlawful practices, businesses, and schemes of matching and offering Filipinos to foreign nationals for purposes of marriage or common law partnership, repealing for the purpose republic act no. 6955, also referred to as the 'anti-mail order bride law'" is one of the new laws under Duterte administration. This law penalizes an individual engaging in business which involves offering Filipino to foreigners for marriage or common law partnership. Anyone who violates this law will be penalized with 15 years of imprisonment. The person will also pay at least P500,000 thousand pesos as fine. 

Sec. 3. Prohibited Acts - It shall be unlawful for any person, whether natural or juridical, to commit, directly or indirectly, any of the following acts:

a) Engage in any business or scheme for money, profit, material, economic or other consideration which has for its purpose the matching or offering of a Filipino to a foreign nationals for marriage or common law partnership on a mail-order basis or through personal introduction, email, or websites on the internet. 

b) Exhibit, advertise, publish, print, or distribute, or cause the exhibition, advertisement, publication, printing, or distribution of brochures, flyers, or propaganda materials which are calculated to promote the prohibited acts in the preceding paragraph, or to post, advertise, or upload such materails through websites on the internet;

c) Solicit, enlist, or in any manner, attract, or induce any Filipino to become a member in any club or association whose objective is to match Filipino nationals to foreign nationals for the purpose of marriage or common law partnership for a fee; and

d) To use the postal service or any website on the internet to promote the prohibited acts under this section. 

The above notwithstanding, legitimate dating websites, which have for their purpose connecting individuals with shared interests in order to cultivate personal and dating relationships, are not covered by this Act. 

Most people consider watching TV as a valuable source of information and a popular form of entertainment. Whether you want to watch local or international news, telenovelas, cartoons, gameshows and whatnot, the television has so much to offer. However, some who suffer from hearing loss or hearing impairment will not be able to enjoy what they are watching. This is why the new law requiring TV stations to include subtitles will make it easier for the deaf community to understand what they are watching. Republic Act No. 10509 or "An act requiring all franchise holders or operators of television stations and producers of television programs to broadcast or present programs with closed captions options, and for other purposes". 

The act will exempt the following:

(a) Public service announcements that are shorter than ten (10) minutes;

(b) Programs shown in the early morning hours from 1:00 a.m. to 6:00 a.m.;

(c) Programs that are primarily textual in nature; and

(d) When compliance would be economically burdensome.

Section 4. Penalties.— Any franchise holder or operator of television stations and producer of television programs who shall violate the provisions of this Act shall be punished by a fine of not less than fifty thousand pesos (₱50.000.00) but not more than one hundred thousand pesos (₱100,000.00) or by imprisonment of not less than six (6) months but not more than one (1) year, or both, at the discretion of the court.

In case the offender is a corporation, partnership or association, or any other juridical person, the president, manager, administrator, or person-in-charge of the management of the business who knowingly and willfully voted or assented or acted with bad faith and gross negligence to the unlawful act punishable under this Act shall be liable therefor. In addition, the license or permit to operate its business shall be cancelled.

Section 5. Implementing Rules and Regulations.— The Movie and Television Review and Classification Board, in consultation with the National Telecommunications Commission and other concerned agencies and entities, shall promulgate the necessary rules and regulations within one hundred twenty (120) days from the effectivity date of this Act, including guidelines and applications of exemption, system of warnings, penalties and appeals, and monitoring and compliance.

Adults get a visual treat where they can feast their eyes on epic proportions from virtual adult Disneyland often referred to as porn sites. Yes, you will be greeted with an all-you-can eat buffet palatable to your senses. They are the sights to behold to some, but definitely not a form of entertainment for the squeamish. However, sex predators are also using these sites to feed their insatiable appetite. The government has taken the first step to curbing child pornography, as stipulated in Republic Act 9775 or the Anti-Child Pornography Law. Back in 2014, similar efforts were made by the National Telecommunications Commission of the Philippines. In a recent study, it has been revealed that the Philippines spent the most time on porn sites.  At this point, there are experts who are still skeptical about the effort, but the results are still unclear unless you start looking through the lens. 

Anti-Child Pornography Law

Section 4. Unlawful or Prohibited Acts. – It shall be unlawful for any person:

(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or production of any form of child pornography;

(b) To produce, direct, manufacture or create any form of child pornography;

(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import any form of child pornography;

(d) To possess any form of child pornography with the intent to sell, distribute, publish, or broadcast: Provided. That possession of three (3) or more articles of child pornography of the same form shall be prima facie evidence of the intent to sell, distribute, publish or broadcast;

(e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited acts as, but not limited to, dens, private rooms, cubicles, cinemas, houses or in establishments purporting to be a legitimate business;

(f) For film distributors, theaters and telecommunication companies, by themselves or in cooperation with other entities, to distribute any form of child pornography;

(g) For a parent, legal guardian or person having custody or control of a child to knowingly permit the child to engage, participate or assist in any form of child pornography;

(h) To engage in the luring or grooming of a child;

(i) To engage in pandering of any form of child pornography;

(j) To willfully access any form of child pornography;

(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to commit any form of child pornography shall be committed when two (2) or more persons come to an agreement concerning the commission of any of the said prohibited acts and decide to commit it; and

(l) To possess any form of child pornography.

Section 5. Syndicated Child Pornography – The crime of child pornography is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another and shall be punished under Section 15(a) of this Act.

Section 6. Who May File a Complaint. – Complaints on cases of any form of child pornography and other offenses punishable under this Act may be filed by the following:

(a) Offended party;

(b) Parents or guardians;

(c) Ascendant or collateral relative within the third degree of consanguinity;

(d) Officer, social worker or representative of a licensed child-caring institution;

(e) Officer or social worker of the Department of Social Welfare and Development (DSWD);

(f) Local social welfare development officer;

(g) Barangay chairman;

(h) Any law enforcement officer;

(i) At least three (3) concerned responsible citizens residing in the place where the violation occurred; or

(j) Any person who has personal knowledge of the circumstances of the commission of any offense under this Act.

Many people who have already gone to Philippine government agencies dread processing an official document because of the ordeal they have to undergo, all thanks to Red Tape. Despite the constant reminder of putting a lid on these bad practices, requests continue to fall on deaf ears. In the past, a person falling victim to sluggish processes was left with no other choice but to keep a stiff upper lip. Putting some teeth into the Anti Red-Tape Act of 2007 has begun to bear fruits. Aside from the implementation of Anti-Red Tape Act of 2007 or R.A. No. 9485, Idulog is also another avenue for filing a complaint in the event you see any irregularities on processing an official document. As stated in Section 8 of the Anti-Red Tape Act of 2007, frontline agencies should provide the following services. 

SEC. 8. Accessing Frontline Services. — The following shall be adopted by all government offices and agencies:

(a) Acceptance of Applications and Requests — (1) All officers or employees shall accept written applications; requests, and/or documents being submitted by clients of the office or agency.

(2) The responsible officer or employee shall acknowledge receipt of such application and/or request by writing or printing clearly thereon his/her name, the unit where he/she is connected with, and the time and date of receipt.

(3) The receiving officer or employee shall perform a preliminary assessment of the request so as to promote a more expeditious action on requests.

(b) Action of Offices — (1) All applications and/or requests submitted shall be acted upon by the assigned officer or employee during the period stated in the Citizen’s Charter which shall not be longer than five working days in the case of simple transactions and ten (10) working days in the case of complex transactions from the date the request or application was received. Depending on the nature of the frontline services requested or the mandate of the office or agency under unusual circumstances, the maximum time prescribed above may be extended. For the extension due to the nature of frontline services or the mandate of the office or agency concerned, the period for the delivery of frontline services shall be indicated in the Citizen’s Charter. The office or agency concerned shall notify the requesting party in writing of the reason for the extension and the final date of release for the extension and the final date of release of the frontline service/s requested.

(2) No application or request shall be returned to the client without appropriate action. In case an application or request is disapproved, the officer or employee who rendered the decision shall send a formal notice to the client within five working days from the receipt of the request and/or application, stating therein the reason for the disapproval including a list of specific requirements which the client failed to submit.

(c) Denial of Request for Access to Government Service — Any denial of request for access to government service shall be fully explained in writing, stating the name of the person making the denial and the grounds upon which such denial is based. Any denial of request is deemed to have been made with the permission or clearance from the highest authority having jurisdiction over the government office or agency concerned.

(d) Limitation of Signatories — The number of signatories in any document shall be limited to a maximum of five signatures which shall represent officers directly supervising the office or agency concerned.

(e) Adoption of Working Schedules to Serve Clients — Heads of offices and agencies which render frontline services shall adopt appropriate working schedules to ensure that all clients who are within their premises prior to the end of official working hours are attended to and served even during lunch break and after regular working hours.

(f) Identification Card — All employees transacting with the public shall be provided with an official identification card which should be visibly worn during office hours.

(g) Establishment of Public Assistance/Complaints Desk — Each office or agency shall establish a public assistance/complaints desk in all their offices.

If you feel that these agencies fell short of expectations, you can file a complaint at http://www.gov.ph/feedback/idulog or call 8888 to report the violation. Aside from complaints, the website also caters to suggestions, compliment, general inquiries and much more. You can even request for an official document or request a message from the President. The form for filing a complaint is also available on the website. 

For people who are interested in adopting a child, there are requirements and procedures you need to follow. The most basic requirement is that you have to be of legal age. It is also important to remember that since you are going to assume parental responsibilities, you should have the ability to fulfill the duties  including exercising parental authorities. Additional requirements and procedures are found under Republic Act 8552 or the Domestic Adoption Law. 

Section 5. Who may be adopted. – The following may be adopted:

(1) Any person below eighteen (18) years of age who has been voluntarily committed to the Department under Articles 154, 155 and 156 of P.D. No. 603 or judicially declared available for adoption;

(2) The legitimate child of one spouse, by the other spouse;

(3) An illegitimate child, by a qualified adopter to raise the status of the former to that of legitimacy;

(4) A person of legal age regardless of civil status, if, prior to the adoption, said person has been consistently considered and treated by the adopters as their own child since minority;

(5) A child whose adoption has been previously rescinded; or

(6) A child whose biological or adoptive parents have died: Provided, That no proceedings shall be initiated within six (6) months from the time of death of said parents.

(7) A child not otherwise disqualified by law or these rules.

Section 6. Venue. – The petition for adoption shall be filed with the Family Court of the province or city where the prospective adoptive parents reside.

Section 7. Contents of the Petition. – The petition shall be verified and specifically state at the heading of the initiatory pleading whether the petition contains an application for change of name, rectification of simulated birth, voluntary or involuntary commitment of children, or declaration of child as abandoned, dependent or neglected.

1) If the adopter is a Filipino citizen, the petition shall allege the following:

(a) The jurisdictional facts;

(b) That the petitioner is of legal age, in possession of full civil capacity and legal rights; is of good moral character; has not been convicted of any crime involving moral turpitude; is emotionally and psychologically capable of caring for children; is at least sixteen (16) years older than the adoptee, unless the adopter is the biological parent of the adoptee or is the spouse of the adoptee’s parent; and is in a position to support and care for his children in keeping with the means of the family and has undergone pre-adoption services as required by Section 4 of Republic Act No. 8552.

2) If the adopter is an alien, the petition shall allege the following:

(a) The jurisdictional facts;

(b) Sub-paragraph 1(b) above;

(c) That his country has diplomatic relations with the Republic of the Philippines;

(d) That he has been certified by his diplomatic or consular office or any appropriate government agency to have the legal capacity to adopt in his country and his government allows the adoptee to enter his country as his adopted child and reside there permanently as an adopted child; and

(e) That he has been living in the Philippines for at least three (3) continuous years prior to the filing of the petition and he maintains such residence until the adoption decree is entered.

The requirements of certification of the alien’s qualification to adopt in his country and of residency may be waived if the alien:

(i) is a former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity or affinity; or

(ii) seeks to adopt the legitimate child of his Filipino spouse; or

(iii) is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within the fourth degree of consanguinity or affinity of the Filipino spouse.

3) If the adopter is the legal guardian of the adoptee, the petition shall allege that guardianship had been terminated and the guardian had cleared his financial accountabilities.

4) If the adopter is married, the spouse shall be a co-petitioner for joint adoption except if:

(a) one spouse seeks to adopt the legitimate child of the other, or

(b) if one spouse seeks to adopt his own illegitimate child and the other spouse signified written consent thereto, or

(c) if the spouses are legally separated from each other.

5) If the adoptee is a foundling, the petition shall allege the entries which should appear in his birth certificate, such as name of child, date of birth, place of birth, if known; sex, name and citizenship of adoptive mother and father, and the date and place of their marriage.

6) If the petition prays for a change of name, it shall also state the cause or reason for the change of name.

In all petitions, it shall be alleged:

(a) The first name, surname or names, age and residence of the adoptee as shown by his record of birth, baptismal or foundling certificate and school records.

(b) That the adoptee is not disqualified by law to be adopted.

(c) The probable value and character of the estate of the adoptee.

(d) The first name, surname or names by which the adoptee is to be known and registered in the Civil Registry.

A certification of non-forum shopping shall be included pursuant to Section 5, Rule 7 of the 1997 Rules of Civil Procedure.

Section 8. Rectification of Simulated Birth. – In case the petition also seeks rectification of a simulated of birth, it shall allege that:

(a) Petitioner is applying for rectification of a simulated birth;

(b) The simulation of birth was made prior to the date of effectivity of Republic Act No. 8552 and the application for rectification of the birth registration and the petition for adoption were filed within five years from said date;

(c) The petitioner made the simulation of birth for the best interests of the adoptee; and

(d) The adoptee has been consistently considered and treated by petitioner as his own child.

Section 9. Adoption of a foundling, an abandoned, dependent or neglected child. – In case the adoptee is a foundling, an abandoned, dependent or neglected child, the petition shall allege:

(a) The facts showing that the child is a foundling, abandoned, dependent or neglected;

(b) The names of the parents, if known, and their residence. If the child has no known or living parents, then the name and residence of the guardian, if any;

(c) The name of the duly licensed child-placement agency or individual under whose care the child is in custody; and

(d) That the Department, child-placement or child-caring agency is authorized to give its consent.

Section 10. Change of name. – In case the petition also prays for change of name, the title or caption must contain:

(a) The registered name of the child;

(b) Aliases or other names by which the child has been known; and

(c) The full name by which the child is to be known.

Section 11. Annexes to the Petition. – The following documents shall be attached to the petition:

A. Birth, baptismal or foundling certificate, as the case may be, and school records showing the name, age and residence of the adoptee

B. Affidavit of consent of the following:

1. The adoptee, if ten (10) years of age or over;

2. The biological parents of the child, if known, or the legal guardian, or the child-placement agency, child-caring agency, or the proper government instrumentality which has legal custody of the child;

3. The legitimate and adopted children of the adopter and of the adoptee, if any, who are ten (10) years of age or over;

4. The illegitimate children of the adopter living with him who are ten (10) years of age or over; and

5. The spouse, if any, of the adopter or adoptee.

C. Child study report on the adoptee and his biological parents;

D. If the petitioner is an alien, certification by his diplomatic or consular office or any appropriate government agency that he has the legal capacity to adopt in his country and that his government allows the adoptee to enter his country as his own adopted child unless exempted under Section 4(2);

E. Home study report on the adopters. If the adopter is an alien or residing abroad but qualified to adopt, the home study report by a foreign adoption agency duly accredited by the Inter-Country Adoption Board; and

F. Decree of annulment, nullity or legal separation of the adopter as well as that of the biological parents of the adoptee, if any.

Your birth certificate is an essential document you present as proof of identity. Whether it is about misspelled name, incorrect gender or wrong birth date, you need to correct these errors. These errors can be corrected without going to court. This is prescribed by Republic Act No. 10172. 

IMPLEMENTING RULES AND REGULATIONS    

Rule 1.  Authority to Correct Clerical or Typographical Error

The duly appointed C/MCR in accordance with the provisions of the existing laws, including the Consul General, are hereby authorized to correct clerical or typographical errors in the day and month (date of birth) or sex of a person in the civil register for birth.    

Rule 2.  Definition of Terms

As used in these rules, the following terms shall mean:

2.1.  Clerical or typographical error - Refers to a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register on the entry of day and month in the date of birth or the sex of the person, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records: Provided, however, that no correction must involve the change of nationality, age (refers to the correction on the year of birth), or legitimacy status of the petitioner/document owner.

2.2. Sex – Refers to the biological and physiological characteristics that define men and women.

2.3. Day and Month of Birth – Refers to the entry in the month and/or day of birth of the petitioner/document owner which is sought to be corrected. 

2.4. Accredited Government Physician – Refers to a licensed doctor of medicine who is registered with the Professional Regulations Commission (PRC) and is  employed in any government hospitals, health institutions, or public health offices.

2.5. Medical Certification – Refers to the certification issued by the accredited government physician attesting to the fact that the petitioner/document owner has not undergone sex change or sex transplant.

Rule 3. Who may file the petition.

3.1. For correction of entry on the day and/or month in the date of birth:

Any person of legal age, having direct and personal interest in the correction of a clerical or typographical error in the day and/or month in the date of birth of a person in the civil register for birth, may file the petition.

A person is considered to have direct and personal interest when he is the owner of the record, or the owner's spouse, children, parents, brothers, sisters, grandparents, guardian, or any other person duly authorized by law or by the owner of the document sought to be corrected; Provided; however, that when a person is a minor or physically or mentally incapacitated, the petition may be filed on his/her behalf by his/her spouse, or any of his/her children, parents, brothers; sisters; grandparents, guardians, or persons duly authorized by law.

3.2. For correction of a clerical or typographical error in sex 

The petitioner affected by such error shall personally file the petition with the civil registry office where the birth certificate is registered.

Rule 4.  Where to file the petition

4.1. For correction of clerical and typographical error in the entry of the day and/or month in the date of birth.

The verified petition may be filed with the C/MCR of the city or municipality or the Philippine Consulate, as the case may be, where the birth record containing the day and/or month in the date of birth to be corrected is registered. 

When the petitioner has migrated to another place within the Philippines and it is not practical for such party, in terms of transportation expenses, time and effort to appear before the C/MCR of the place of birth, the petition may be filed with the C/MCR of the place where the petitioner is residing or domiciled. 

Any person whose birth record was reported abroad and presently residing in the Philippines, the petition may be filed with the C/MCR of the place of residence following the procedures of migrant petition.

Any person whose birth record was registered in the Philippines, or in any Philippine Consulate, but who is presently residing or domiciled in a foreign country, may file the petition with the nearest Philippine Consulate.

4.2. For correction of clerical and typographical error in the entry of sex

The verified petition shall be filed, in person, with the C/MCR of the city or municipality or the Philippine Consulate, as the case may be, where the record containing the entry of sex in the birth certificate to be corrected is registered.

Rule 5.  Processing of the petition

Insofar as applicable, Rule 5 of Administrative Order No. 1, Series of 2001, shall be observed. 

Rule 6.  Form and content of the petition

Insofar as applicable, Rule 8 of Administrative Order No. 1, Series of 2001 shall be observed. In addition, as supporting documents to the petition, the following shall be submitted:

6.1. Earliest school record or earliest school documents;

6.2. Medical records;

6.3. Baptismal certificate and other documents issued by religious authorities;

6.4. A clearance or a certification that the owner of the document has no pending administrative, civil or criminal case, or no criminal record, which shall be obtained from the following:

6.4.1. Employer, if employed;

6.4.2. National Bureau of Investigation; and

6.4.3. Philippine National Police. 

6.5. The petition for the correction of sex and day and/or month in the date of birth shall include the affidavit of publication from the publisher and a copy of the newspaper clipping; and

6.6. In case of correction of sex, the petition shall be supported with a medical certification issued by an accredited government physician that the petitioner has not undergone sex change or sex transplant.

Before Reproductive Health (RH) Law was implemented, there were mixed reactions from different sectors. Some deem its implementation as a great way to curb population growth while others are still throwing moral punches. RH Law was passed in 2014 and former President Fidel Ramos urges President Rodrigo Duterte to fully implement the law. 

This is because of the growing population of the country that creates a ripple effect on the growth of poverty rate. The law aims to support the poor by means of distributing modern methods of contraception. Although there is a decrease in population growth, which is at 2.1% per year, this is still high compared to the major countries in East Asia, which were able achieve the population growth rates below 2% per year. 

Here's a primer of RA No. 10354:

SEC. 19. Duties and Responsibilities. – (a) Pursuant to the herein declared policy, the DOH shall serve as the lead agency for the implementation of this Act and shall integrate in their regular operations the following functions:

(1) Fully and efficiently implement the reproductive health care program;

(2) Ensure people’s access to medically safe, non-abortifacient, legal, quality and affordable reproductive health goods and services; and

(3) Perform such other functions necessary to attain the purposes of this Act.

(b) The DOH, in coordination with the PHIC, as may be applicable, shall:

(1) Strengthen the capacities of health regulatory agencies to ensure safe, high quality, accessible and affordable reproductive health services and commodities with the concurrent strengthening and enforcement of regulatory mandates and mechanisms;

(2) Facilitate the involvement and participation of NGOs and the private sector in reproductive health care service delivery and in the production, distribution and delivery of quality reproductive health and family planning supplies and commodities to make them accessible and affordable to ordinary citizens;

(3) Engage the services, skills and proficiencies of experts in natural family planning who shall provide the necessary training for all BHWs;

(4) Supervise and provide assistance to LGUs in the delivery of reproductive health care services and in the purchase of family planning goods and supplies; and

(5) Furnish LGUs, through their respective local health offices, appropriate information and resources to keep the latter updated on current studies and researches relating to family planning, responsible parenthood, breastfeeding and infant nutrition.

(c) The FDA shall issue strict guidelines with respect to the use of contraceptives, taking into consideration the side effects or other harmful effects of their use.

(d) Corporate citizens shall exercise prudence in advertising its products or services through all forms of media, especially on matters relating to sexuality, further taking into consideration its influence on children and the youth.

Chattel Mortgage refers to a contract by virtue, which involves recording the personal property in the Chattel Mortgage Register as security for the performance of an obligation. The Chattel Mortgage can either be a formal contract or an accessory contract. It is required if the debtor has to retain the property. 

Act No. 1508

Sec. 3. Chattel mortgage defined. — A chattel mortgage is a conditional sale of personal property as security for the payment of a debt, or the performance of some other obligation specified therein, the condition being that the sale shall be void upon the seller paying to the purchaser a sum of money or doing some other act named. If the condition is performed according to its terms the mortgage and sale immediately become void, and the mortgagee is thereby divested of his title.

Sec. 4. Validity. — A chattel mortgage shall not be valid against any person except the mortgagor, his executors or administrators, unless the possession of the property is delivered to and retained by the mortgagee or unless the mortgage is recorded in the office of the register of deeds of the province in which the mortgagor resides at the time of making the same, or, if he resides without the Philippine Islands, in the province in which the property is situated: Provided, however, That if the property is situated in a different province from that in which the mortgagor resides, the mortgage shall be recorded in the office of the register of deeds of both the province in which the mortgagor resides and that in which the property is situated, and for the purposes of this Act the city of Manila shall be deemed to be a province.

Sec. 5. Form. — A chattel mortgage shall be deemed to be sufficient when made substantially in accordance with the following form, and shall be signed by the person or persons executing the same, in the presence of two witnesses, who shall sign the mortgage as witnesses to the execution thereof, and each mortgagor and mortgagee, or, in the absence of the mortgagee, his agent or attorney, shall make and subscribe an affidavit in substance as hereinafter set forth, which affidavit, signed by the parties to the mortgage as above stated, and the certificate of the oath signed by the authority administering the same, shall be appended to such mortgage and recorded therewith.

 

CHATTEL MORTGAGE

 

 

"This mortgage made this ____ day of ______19____ by _______________, a resident of the municipality of ______________, Province of ____________, Philippine Islands mortgagor, to ____________, a resident of the municipality of ___________, Province of ______________, Philippine Islands, mortgagee, witnesseth:

 

"That the said mortgagor hereby conveys and mortgages to the said mortgagee all of the following-described personal property situated in the municipality of ______________, Province of ____________ and now in the possession of said mortgagor, to wit:

 

(Here insert specific description of the property mortgaged.)

 

"This mortgage is given as security for the payment to the said ______, mortgagee, of promissory notes for the sum of ____________ pesos, with (or without, as the case may be) interest thereon at the rate of ___________ per centum per annum, according to the terms of __________, certain promissory notes, dated _________, and in the words and figures following (here insert copy of the note or notes secured).

 

"(If the mortgage is given for the performance of some other obligation aside from the payment of promissory notes, describe correctly but concisely the obligation to be performed.)

 

"The conditions of this obligation are such that if the mortgagor, his heirs, executors, or administrators shall well and truly perform the full obligation (or obligations) above stated according to the terms thereof, then this obligation shall be null and void.

 

"Executed at the municipality of _________, in the Province of ________, this _____ day of 19_____

 

____________________

(Signature of mortgagor.)

 

"In the presence of

 

"_________________

"_________________

(Two witnesses sign here.)

 

FORM OF OATH.

"We severally swear that the foregoing mortgage is made for the purpose of securing the obligation specified in the conditions thereof, and for no other purpose, and that the same is a just and valid obligation, and one not entered into for the purpose of fraud."

 

FORM OF CERTIFICATE OF OATH.

"At ___________, in the Province of _________, personally appeared ____________, the parties who signed the foregoing affidavit and made oath to the truth thereof before me.

 

"_____________________________"

(Notary public, justice of the peace, 1 or other officer, as the case may be.)

Death is certain and so is tax. This is why it is important to know what should be taxed and what should not. The following are considered exempted from taxes:

• All revenues, income, assets of non-stock and non-profit educational institutions used directly, actually and exclusively for all grants and educational purposes, donations, contributions, endowments used directly, exclusively for educational purposes as stated on Article 14 Section 4. 
  
  
• Charitable institutions, convents, mosques, churches, non-profit lands, buildings, cemeteries and improvements exclusively, actually, and directly used for charitable, educational and religious purposes.

Basic Personal and Additional Tax Exemptions According to R.A 7167

(l) Personal exemptions allowable to individuals. — (1) Basic personal exemption. — For the purpose of determining the tax provided in Section 21(a) of this Title, there shall be allowed a basic personal exemption as follows:  

"For single individual or married individual judicially decreed as legally separated with no qualified dependents P9,000

"For head of a family P12,000

"For married individual P18,000

Provided, That husband and wife electing to compute their income tax separately shall be entitled to a personal exemption of P9,000 each." 

Sec. 2. The first paragraph of item (2)(A), paragraph (l) of Section 29 of the same Code, as amended, is hereby further amended to read as follows: 

"(2) Additional exemption  

"(A) Taxpayers with dependents. — A married individual or a head of family shall be allowed an additional exemption of Five thousand pesos (P5,000) for each dependent: Provided, That the total number of dependents for which additional exemptions may be claimed shall not exceed four dependents: Provided, further, That an additional exemption of One thousand pesos (P1,000) shall be allowed for each child who otherwise qualified as dependent prior to January 1, 1980: Provided, finally, That the additional exemption for dependents shall be claimed by only one of the spouses in the case of married individuals electing to compute their income tax liabilities separately.

For additional information about filing for tax exemption, visit Bureau of Internal Revenue's website. 

The Philippine copyright law or officially known as the Republic Act No. 8293 is based on the copyright law of the United States. The Philippine copyright law also protects trademarks, patents and even various forms of intellectual property. You might have also heard about the Optical Media Act, which aims to protect local artists against piracy. The same Act protects computer programs and video games. 

ORIGINAL WORKS

Sec. 172. Literary and Artistic Works. -

172.1 Literary and artistic works, hereinafter referred to as "works", are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular:

(a) Books, pamphlets, articles and other writings;

(b) Periodicals and newspapers;

(c) Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form;

(d) Letters;

(e) Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows;

(f) Musical compositions, with or without words;

(g) Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models or designs for works of art;

(h) Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art;

(i) Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science;

(j) Drawings or plastic works of a scientific or technical character;

(k) Photographic works including works produced by a process analogous to photography; lantern slides;

(l) Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings;

(m) Pictorial illustrations and advertisements;

(n) Computer programs; and

(o) Other literary, scholarly, scientific and artistic works.

172.2. Works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as well as of their content, quality and purpose. (Sec. 2, P. D. No. 49a)

DERIVATIVE WORKS

Sec. 173. Derivative Works. -

173.1. The following derivative works shall also be protected by copyright:

(a) Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works; and

(b) Collections of literary, scholarly or artistic works, and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents. (Sec. 2, [P] and [Q], P. D. No. 49)

173.2. The works referred to in paragraphs (a) and (b) of Subsection 173.1 shall be protected as a new works: Provided however, That such new work shall not affect the force of any subsisting copyright upon the original works employed or any part thereof, or be construed to imply any right to such use of the original works, or to secure or extend copyright in such original works. (Sec. 8, P. D. 49; Art. 10, TRIPS)

Sec. 174. Published Edition of Work. - In addition to the right to publish granted by the author, his heirs or assigns, the publisher shall have a copy right consisting merely of the right of reproduction of the typographical arrangement of the published edition of the work. (n)  

WORKS NOT PROTECTED

Sec. 175. Unprotected Subject Matter. - Notwithstanding the provisions of Sections 172 and 173, no protection shall extend, under this law, to any idea, procedure, system method or operation, concept, principle, discovery or mere data as such, even if they are expressed, explained, illustrated or embodied in a work; news of the day and other miscellaneous facts having the character of mere items of press information; or any official text of a legislative, administrative or legal nature, as well as any official translation thereof. (n)

Sec. 176. Works of the Government. -

176.1. No copyright shall subsist in any work of the Government of the Philippines. However, prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit. Such agency or office may, among other things, impose as a condition the payment of royalties. No prior approval or conditions shall be required for the use of any purpose of statutes, rules and regulations, and speeches, lectures, sermons, addresses, and dissertations, pronounced, read or rendered in courts of justice, before administrative agencies, in deliberative assemblies and in meetings of public character. (Sec. 9, First Par., P. D. No. 49)

176.2. The Author of speeches, lectures, sermons, addresses, and dissertations mentioned in the preceding paragraphs shall have the exclusive right of making a collection of his works. (n)

176.3. Notwithstanding the foregoing provisions, the Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest or otherwise; nor shall publication or republication by the government in a public document of any work in which copy right is subsisting be taken to cause any abridgment or annulment of the copyright or to authorize any use or appropriation of such work without the consent of the copyright owners. (Sec. 9, Third Par., P. D. No. 49)

Children are known for their wide-eyed innocence. People who have already journeyed into adulthood often wish to go back to their childhood years because of children's carefree spirit. This is why when kids commit a crime, many people will pin the blame on parents because they are supposed to mold and guide children. 

However, if a child grows in a cruel society where basic rights such as the right to education is denied, children may wake up to harsh reality. Their world crumbles down before it is even built. The proliferation of drugs no longer comes as a surprise in the country and children who become criminally liable are no longer new to taking illegal drugs. 

Since many crimes are committed by children as young as 9 years, a law has been proposed to put a lid on this problem. This means that the minimum age of criminal responsibility will be reduced from 15 to 9. Republic Act No. 9344 states that 15 is the minimum age of criminal responsibility. 

Republic Act No. 9344

Sec. 6. Minimum Age of Criminal Responsibility. - 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.

Sec. 7. Determination of Age. - The child in conflict with the law shall enjoy the presumption of minority. He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years old or older. The age of a child may be determined from the child's birth certificate, baptismal certificate or any other pertinent documents. In the absence of these documents, age may be based on information from the child himself/herself, testimonies of other persons, the physical appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his/her favor.

Any person contesting the age of the child in conflict with the law prior to the filing of the information in any appropriate court may file a case in a summary proceeding for the determination of age before the Family Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate pleadings of all interested parties.

If a case has been filed against the child in conflict with the law and is pending in the appropriate court, the person shall file a motion to determine the age of the child in the same court where the case is pending. Pending hearing on the said motion, proceedings on the main case shall be suspended.

In all proceedings, law enforcement officers, prosecutors, judges and other government officials concerned shall exert all efforts at determining the age of the child in conflict with the law.

Purchasing a land is a wise investment if the transaction is smooth and hassle-free. What if your hard-earned money went down the drain upon discovering that the parcel of land you have purchased was also sold to another buyer? It even gets more complicated as you are no longer allowed to transfer the title of the property in your name because the other buyer already did so. What are the legal implications of these circumstances? It is clear that the property was sold to two buyers with different interests, hence there is a double sale. Article 1544 of the Civil Code states that:

If the same thing should have been sold to different vendees, the ownership shall be transferred to the person who may have first taken possession thereof in good faith, if it should be movable property.

Should it be immovable property, the ownership shall belong to the person acquiring it who in good faith first recorded it in the Registry of Property.

Should there be no inscription, the ownership shall pertain to the person who in good faith was first in possession; and, in the absence thereof, to the person who presents the oldest title, provided there is good faith.

In case of double sale the person who will be considered as the owner of the property will be based on the order of priority:

1. the first person to register the sale in good faith;
   
   
2. the first possessor in good faith;
   
   
3. the buyer who in good faith presents the oldest title.

There can be cases when you are the first possessor of the property, but the other claimant was the first registrant. While it may appear that the other claimant is the rightful owner of the property, you should take a few factors into consideration. As part of the aforementioned conditions, the person who registers the sale in good faith will be deemed as the property owner. In the event that the other claimant purchased the property even when he/she had full knowledge that it was previously sold to another buyer, the first buyer will be entitled to prove that he/she has a better right to own the property.

If the other claimant who has already registered the property proved that he/she is a registrant in good faith, then he/she has a better right to the property according to Article 1544 of the Civil Code. The seller has legal liability, which gives you the authority to file chargers and demand contract rescission with damages.

If you have already made your last will and testament and decided to make some changes, do you need to follow the same requirements as the old will? In most cases, creating a new will can still be considered invalid if it does not meet the conditions under Article 830. Creating a new will does not automatically revoke the old will.

The old will can be still be considered operative if there is no valid revocation of a will by a subsequent will. This means that the subsequent will should comply with the formal requirements in terms of executing it. The maker of the will must have testamentary capacity and the subsequent will should contain express revocatory clause which shows incompatibility with the old will.

You must clearly express your intention to replace your old will. It should also specify your intention to revoke it. The subsequent will must also be probated by Court as this is still part of the requirement.

SUBSECTION 6. - Revocation of Wills and Testamentary Dispositions

Art. 828. A will may be revoked by the testator at any time before his death. Any waiver or restriction of this right is void. (737a)

Art. 829. A revocation done outside the Philippines, by a person who does not have his domicile in this country, is valid when it is done according to the law of the place where the will was made, or according to the law of the place in which the testator had his domicile at the time; and if the revocation takes place in this country, when it is in accordance with the provisions of this Code. (n)

Art. 830. No will shall be revoked except in the following cases:

    (1) By implication of law; or

    (2) By some will, codicil, or other writing executed as provided in case of wills; or

    (3) By burning, tearing, cancelling, or obliterating the will with the intention of revoking it, by the testator himself, or by some other person in his presence, and by his express direction. If burned, torn, cancelled, or obliterated by some other person, without the express direction of the testator, the will may still be established, and the estate distributed in accordance therewith, if its contents, and due execution, and the fact of its unauthorized destruction, cancellation, or obliteration are established according to the Rules of Court. (n)

Art. 831. Subsequent wills which do not revoke the previous ones in an express manner, annul only such dispositions in the prior wills as are inconsistent with or contrary to those contained in the latter wills. (n)

Art. 832. A revocation made in a subsequent will shall take effect, even if the new will should become inoperative by reason of the incapacity of the heirs, devisees or legatees designated therein, or by their renunciation. (740a)

Art. 833. A revocation of a will based on a false cause or an illegal cause is null and void. (n)

Art. 834. The recognition of an illegitimate child does not lose its legal effect, even though the will wherein it was made should be revoked.

If there's something strange, in your neighborhood.  Who ya gonna call? Ghostbusters! Kidding aside, you cannot turn a blind eye on neighbors crying for help especially if their life is at stake.

An blunt example would be an abusive husband beating his hapless spouse. The lights were already out and you could hear nothing but crickets serenading in deathly still night. Your eyelids were already heavy and about to fall into the oblivion of sleep. You were about to be caught by paralysis called sleep, when you heard a shout match. It was too disturbing to ignore. Satisfying your curious nature, you got up and checked where the noise came from.

It was from your neighbor. The couples were engaging in a bad-tempered argument. The wife was silenced as the husband started to throw a series of punches. You could see a glimpse of their squabble from a far. The wife was crying helplessly in dire need of immediate help. As a concerned neighbor, you immediately went to the 'barangay' officials in your village to ask for assistance only to be turned down. Your request fell on deaf ears because the officials told you that they were not in the position to intervene because the matter should be between the married couple only. However, it is the duty of 'barangay' officials to heed your request under Section 30 of Republic Act 9262.

SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law enforcers shall have the following duties:

(a) respond immediately to a call for help or request for assistance or protection of the victim by entering the necessary whether or not a protection order has been issued and ensure the safety of the victim/s;

(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;

(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;

(d) assist the victim in removing personal belongs from the house;

(e) assist the barangay officials and other government officers and employees who respond to a call for help;

(f) ensure the enforcement of the Protection Orders issued by the Punong Barangay or the courts;

(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by this Act is occurring, or when he/she has personal knowledge that any act of abuse has just been committed, and there is imminent danger to the life or limb of the victim as defined in this Act; and

(h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department of LGUs or accredited non-government organizations (NGOs).

Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative liability.

What should you do if you are unable to pay your hospital bills? Does the hospital administrator have the right to detain a patient for non-payment?

Getting sick is now considered a luxury because of the expenses that it incurs once you get hospitalized. It puts a dent in your wallet as you need to pay for the hospitalization bills. When you are unprepared for this type of emergency situation, it might seem difficult to get out of it without facing the serious consequences especially if it involves money.

There are many stories involving patients who are prohibited to leave the hospital premises unless they settle the unpaid hospital bill. Patients are left with no choice but to follow the rules. However, there is a better way to settle matters such as executing a promissory note. This should be secured by a guarantee of a co-maker or a mortgage.

This action is in accordance with the Republic Act No. 9439.

AN ACT PROHIBITING THE DETENTION OF PATIENTS IN HOSPITALS AND MEDICAL CLINICS ON GROUNDS OF NONPAYMENT OF HOSPITAL BILLS OR MEDICAL EXPENSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. It shall be unlawful for any hospital or medical clinic in the country to detain or to otherwise cause, directly or indirectly, the detention of patients who have fully or partially recovered or have been adequately attended to or who may have died, for reasons of nonpayment in part or in full of hospital bills or medical expenses.

SEC. 2. Patients who have fully or partially recovered and who already wish to leave the hospital or medical clinic but are financially incapable to settle, in part or in full, their hospitalization expenses, including professional fees and medicines, shall be allowed to leave the hospital or medical clinic, with a right to demand the issuance of the corresponding medical certificate and other pertinent papers required for the release of the patient from the hospital or medical clinic upon the execution of a promissory note covering the unpaid obligation. The promissory note shall be secured by either a mortgage or by a guarantee of a co-maker, who will be jointly and severally liable with the patient for the unpaid obligation. In the case of a deceased patient, the corresponding death certificate and other documents required for interment and other purposes shall be released to any of his surviving relatives requesting for the same: Provided, however, That patients who stayed in private rooms shall not be covered by this Act.

SEC. 3. Any officer or employee of the hospital or medical clinic responsible for releasing patients, who violates the provisions of this Act shall be punished by a fine of not less than Twenty thousand pesos (P20,000.00), but not more than Fifty thousand pesos (P50,000.00), or imprisonment of not less than one month, but not more than six months, or both such fine and imprisonment, at the discretion of the proper court.

SEC. 4. The Department of Health shall promulgate the necessary rules and regulations to carry out the provisions of this Act.

Cleaner air, healthier people.

If my memory serves me right, several laws have already been implemented to minimize the growing number of cigarette smokers in the country. In 2013, a law that raises tobacco taxes was signed and in 2014, the Philippines has signed into a law requiring tobacco manufacturers to display graphic health warnings on cigarettes packs. Aside from which, manufacturers are also required to display gruesome images of smoking's harmful effects. These laws aim to promote healthier people and cleaner air.

It is no secret that many individuals have already smoked their way to lung cancer, respiratory diseases and eventual death because of the deleterious effects of smoking. It has been estimated that an average of 240 Filipinos are dying on a daily basis due to smoking-related diseases.

This year, a law which bans smoking nationwide will be signed sometime this month. In the Philippines, Davao is the first city to implement smoking ban. Penalties for violating the anti-smoking law in Davao includes a fine of 5,000 Philippine peso or four months in prison.

To prove that smoking ban is strictly implemented in Davao,  President Duterte, then mayor of Davao City taught a man who refused to stop smoking a hard lesson. Duterte gave the man two options and one of which was to eat the cigarette. In relation to the implementation of No-Smoking Law, the Dapartment of Health (DOH) is also seeking amendment of Republic Act 9211 or the Tobacco Regulation Act of 2003.

Republic Act 9211

SECTION 6. Designated Smoking and Non-smoking Areas.—In all enclosed places that are open to the general public, private workplaces and other places not covered under the preceding section, where smoking may expose a person other than the smoker to tobacco smoke, the owner, proprietor, operator, possessor, manager or administrator of such places shall establish smoking and non-smoking areas. Such areas may include a designated smoking area within the building, which may be in an open space or separate area with proper ventilation, but shall not be located within the same room that has been designated as a non-smoking area.

All designated smoking areas shall have at least one (1) legible and visible sign posted, namely “SMOKING AREA” for the information and guidance of all concerned. In addition, the sign or notice posted shall include a warning about the health effects of direct or secondhand exposure to tobacco smoke. Non-Smoking areas shall likewise have at least one (1) legible and visible sign, namely: “NON-SMOKING AREA” or “NO SMOKING.”

Under the law, a marriage is considered null and void during the subsistence of a previous marriage. The court has to declare the prior spouse as presumed dead for the marriage to become valid.

Marriage is a tough decision. Once you decide to spend the rest of your life with the person you intend to marry, you need to embrace everything about the person including his/her flaws and imperfections.

Some married couples decide to part ways because both parties claim they married a stranger. Due to the long process involved in filing for petition of annulment, both parties may assume that long separation is enough to nullify marriage.

In fact, there are presumptions that when married parties do not see each other for more than seven years, it will automatically nullify your marriage. For instance, a woman marries a man in 2016 and the wife decided to seek for a CENOMAR or a Certificate of No Marriage Record. The CENOMAR is issued to prove that a person has not contracted any marriage.

Unfortunately, the wife found out that her husband has been married in 2000. It is natural for the wife to confront the husband about this issue. It turned out that the marriage that took place in 2000 did not last long because a month after the marriage, his wife left. The wife never returned and not knowing his wife's whereabouts, the husband presumed that the marriage is no longer valid.

Unfortunately, this is not the case. Since previous marriage has not been nullified, the spouse can face a criminal charge of bigamy.

According to Article 41 of the Family Code:

Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.

For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.

As for the declaration of presumptive death under Article 41 of the Family code, the following requisites must be met:

1. That the absent spouse has been missing for four consecutive years, or two consecutive years if the disappearance occurred where there is danger of death under the circumstances laid down in Article 391, Civil Code.

2. That the present spouse wishes to remarry.

3. That the present spouse has a well-founded belief that the absentee is dead.

4. That the present spouse files a summary proceeding for the declaration of presumptive death of the absentee.