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Attorneys of the Philippines Legal News

Welcome to our legal news pages. Here is where we provide updates about what's happening in Philippines legal news, and publish helpful articles and tips for Pinoys researching legal matters.

Presidential Decree No. 1563: Mendicancy Law Of 1978

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

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

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

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

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

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

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

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

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

A Stiffer Penalty For Publishing False News

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."

What Should Be The Minimum Age Of Criminal Responsibility?

Many crimes are committed by minors and offenders are getting younger and younger because they know all too well that they will not be held liable for the crime. Some of them can even commit a heinous crime at such a young age without any sign of remorse. The Republic Act No. 9344 states that the minimum age of criminal responsibility should be 15 years old. However, the Republic Act No. 10630 seeks to amend Republic Act No. 9344. The amendment reduces criminal liability from 15 years old to 9 years old. 

Section 6. Section 20 of Republic Act No. 9344 is hereby amended to read as follows:

"SEC. 20. Children Below the Age of Criminal Responsibility. – If it has been determined that the child taken into custody is fifteen (15) years old or below, the authority which will have an initial contact with the child, in consultation with the local social welfare and development officer, has the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child’s nearest relative. The child shall be subjected to a community-based intervention program supervised by the local social welfare and development officer, unless the best interest of the child requires the referral of the child to a youth care facility or ‘Bahay Pag-asa’ managed by LGUs or licensed and/or accredited NGOs monitored by the DSWD.

"The local social welfare and development officer shall determine the appropriate programs for the child who has been released, in consultation with the child and the person having custody over the child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the following:

 

"(a) A duly registered nongovernmental or religious organization;

 

"(b) A barangay official or a member of the Barangay Council for the Protection of Children (BCPC);

 

"(c) A local social welfare and development officer; or, when and where appropriate, the DSWD.

"If the child has been found by the local social welfare and development officer to be dependent, abandoned, neglected or abused by his/her parents and the best interest of the child requires that he/she be placed in a youth care facility or ‘Bahay Pag-asa’, the child’s parents or guardians shall execute a written authorization for the voluntary commitment of the child: Provided, That if the child has no parents or guardians or if they refuse or fail to execute the written authorization for voluntary commitment, the proper petition for involuntary commitment shall be immediately filed by the DSWD or the Local Social Welfare and Development Office (LSWDO) pursuant to Presidential Decree No. 603, as amended, otherwise known as ‘The Child and Youth Welfare Code’ and the Supreme Court rule on commitment of children: Provided, further, That the minimum age for children committed to a youth care facility or ‘Bahay Pag-asa’ shall be twelve (12) years old."

"SEC. 20-A. Serious Crimes Committed by Children Who Are Exempt From Criminal Responsibility. – A child who is above twelve (12) years of age up to fifteen (15) years of age and who commits parricide, murder, infanticide, kidnapping and serious illegal detention where the victim is killed or raped, robbery, with homicide or rape, destructive arson, rape, or carnapping where the driver or occupant is killed or raped or offenses under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) punishable by more than twelve (12) years of imprisonment, shall be deemed a neglected child under Presidential Decree No. 603, as amended, and shall be mandatorily placed in a special facility within the youth care faculty or ‘Bahay Pag-asa’ called the Intensive Juvenile Intervention and Support Center (IJISC).

"In accordance with existing laws, rules, procedures and guidelines, the proper petition for involuntary commitment and placement under the IJISC shall be filed by the local social welfare and development officer of the LGU where the offense was committed, or by the DSWD social worker in the local social welfare and development officer’s absence, within twenty-four (24) hours from the time of the receipt of a report on the alleged commission of said child. The court, where the petition for involuntary commitment has been filed shall decide on the petition within seventy-two (72) hours from the time the said petition has been filed by the DSWD/LSWDO. The court will determine the initial period of placement of the child within the IJISC which shall not be less than one (1) year. The multi-disciplinary team of the IJISC will submit to the court a case study and progress report, to include a psychiatric evaluation report and recommend the reintegration of the child to his/her family or the extension of the placement under the IJISC. The multi-disciplinary team will also submit a report to the court on the services extended to the parents and family of the child and the compliance of the parents in the intervention program. The court will decide whether the child has successfully completed the center-based intervention program and is already prepared to be reintegrated with his/her family or if there is a need for the continuation of the center-based rehabilitation of the child. The court will determine the next period of assessment or hearing on the commitment of the child."

"SEC. 20-B. Repetition of Offenses. – A child who is above twelve (12) years of age up to fifteen (15) years of age and who commits an offense for the second time or oftener: Provided, That the child was previously subjected to a community-based intervention program, shall be deemed a neglected child under Presidential Decree No. 603, as amended, and shall undergo an intensive intervention program supervised by the local social welfare and development officer: Provided, further, That, if the best interest of the child requires that he/she be placed in a youth care facility or ‘Bahay Pag-asa’, the child’s parents or guardians shall execute a written authorization for the voluntary commitment of the child: Provided, finally, That if the child has no parents or guardians or if they refuse or fail to execute the written authorization for voluntary commitment, the proper petition for involuntary commitment shall be immediately filed by the DSWD or the LSWDO pursuant to Presidential Decree No. 603, as amended."

New Law Prohibits A Two-Wheeled Motorcycle From Taking Small Children For A Ride

Children being taken for a ride on a motorcycle can be witnessed on public roads. Some are wearing a protective gear such as a helmet but others simply wrap their arms around the driver's waist. On May 19, small children are prohibited from riding motorcycles. This rule is in accordance with the Republic Act No. 10666 or the Children's Safety on Motorcycles Act of 2015. 

If you are driving a two-wheeled motorcycle, you are no longer allowed to take your children along public roads. This is because drivers will be exposing small children to danger with the sight of fast-moving vehicles and traffic. However, exemptions still apply. The law does not apply to cases of transporting a child to obtain immediate medical attention.  

SEC. 4. Prohibition. – It shall be unlawful for any person to drive a two (2)-wheeled motorcycle with a child on board on public roads where there is heavy volume of vehicles, there is a high density of fast moving vehicles or where a speed limit of more than 60/kph is imposed, unless:

(a) The child passenger can comfortably reach his/her feet on the standard foot peg of the motorcycle;

(b) The child’s arms can reach around and grasp the waist of the motorcycle rider; and

(c) The child is wearing a standard protective helmet referred to under Republic Act No. 10054, otherwise known the “Motorcycle Helmet Act of 2009.”

SEC. 5. Exception. – Notwithstanding the prohibition provided in the preceding section, this Act shall not apply to cases where the child to be transported requires immediate medical attention.

SEC. 6. Penalties. – Any person who operates a motorcycle in violation of Section 4 of this Act shall be fined with an amount of three thousand pesos (P3,000.00) for the first offense; five thousand pesos (P5,000.00) for the second offense; and ten thousand pesos (P10,000.00) for the third and succeeding offenses.

Moreover, for the third offense, the driver’s license of the offender shall be suspended for a period of one (1) month.

Violation of these provisions beyond the third time shall result to automatic revocation of the offender’s driver’s license.

SEC. 7. Review of Penalties. – The Land Transportation Office (LTO) is hereby empowered to increase or adjust the amounts of fines herein imposed: Provided, That:

(a) The increase or adjustment is made after public consultation once every three (3) years from the effectivity of this Act and in the amount not exceeding twenty percent (20%) of the amounts sought to be increased or adjusted;

(b) A thorough study has been conducted indicating that the existing amounts are no longer an effective deterrent;

(c) Current relevant economic indices, such as the Consumer Price Index (CPI), have been considered in the determination of the increase or adjustment; and

(d) The increases or adjustment shall only become effective fifteen (15) days after its publication in two (2) newspapers of general circulation.

SEC. 8. Qualifying Circumstances. – If, in violation of the provisions of this Act, death shall have resulted or serious or less serious injuries shall have been inflicted upon the child or any other person, a penalty of one (1) year imprisonment shall be imposed upon the motorcycle rider or operator of the motorcycle involved without prejudice to the penalties provided under Act No. 3815, otherwise known as “The Revised Penal Code of the Philippines”, as amended.

New Law Bans Mobile Phone Use While Driving

These days, multitasking answers the demands of modern living. Everyone is caught juggling different tasks at the same time. So little time, so much to do. However, there are exceptions to the rule. Would you still prefer to multi-task when you know it can pose a threat to your safety? 

When you are multitasking, your effort becomes divided as well. For one task, you can devote 100% of your effort to produce excellent results, but multitasking makes it a challenge to obtain the same result. For instance, texting or calling while driving redirects some of your attention to your mobile phone. When you are on the road, anything that will require you to look away from the road or use your other hand to reply to a text message will challenge your safety.

Texting while driving is an accident waiting to happen. If you cannot avoid using your mobile device, make sure it is hands-free. Hands-free communication device allows you to keep your eyes on the road. 

The new law requires drivers to follow rules and regulations under Republic Act 10913 or the Anti-Distracted Driving ACt. 

According to Romeo Vera Cruz, executive director of Land Transportation Office (LTO) drivers are prohibited to use their device even during the temporary stop. 

While there are apps such as Waze that assist drivers in getting from point A to point B, law enforcers are serious about implementing the new law. The device should not cause any distraction to the driver even if they are used for navigation purposes. 

Distracted Driving, under Section 4 of this Act is defined as: 

Sec. 4. Distracted Driving. – Subject to the qualifications in Sections 5 and 6 of this Act, distracted driving refers to the performance by a motorist of any of the following acts in a motor vehicle in motion or temporarily stopped at a red light, whether diplomatic, public or private, which are hereby declared unlawful;

(a) Using a mobile communications device to write, send, or read a text-based communication or to make or receive calls, and other similar acts; and

(b) Using an electronic entertainment or computing device to play games, watch movies, surf the internet, compose messages, read e-books, perform calculations, and other similar acts.

Anyone caught violating the provision of this Act shall be penalized with:

(a) A fine of five thousand pesos (P5,000.00) for the first offense;

(b) A fine of ten thousand pesos (P10,000.00) for the second offense;

(c) A fine of fifteen thousand pesos (P15,000.00) and suspension of driver’s license for three (3) months for the third offense; and

(d) A fine of twenty thousand pesos (P20,000.00) and revocation of driver’s license: Provided, That the implementing agency may increase the amount of fine herein imposed once every five (5) years in the amount not exceeding ten percent (10%) of the existing rates sought to be increased which shall take effect only upon publication in at least two (2) newspapers of general circulation: Provided, further, That a driver of a public utility vehicle, a school bus, a school service vehicle, a common carrier hauling volatile, flammable or toxic material, or a driver who commits an act classified herein as distracted driving within a fifty (50)-meter radius from the school premises shall be subject to a penalty of thirty thousand pesos (P30,000.00) and suspension of one’s driver’s license for three (3) months.

The foregoing penalties shall be imposed without prejudice to other liabilities under the Revised Penal Code or any special law, arising out or on occasion of the herein prohibited acts.

 

8 New Philippine Laws: Part 7 of 8 Mandatory Installation Of Speed Limiter

Road accidents have been happening regularly and one of the reasons for these mishaps is because of being unmindful of the speed limit, not knowing that exceeding beyond the required speed can put someone's life in danger. There is a new law that will consider the installation of speed limiter in public utility mandatory. This law is known as the Republic Act 10916 or an Act Requiring the Mandatory Installation of Speed Limiter in Public Utility and Certain Types of Vehicles. 

SEC. 4. Mandatory Installation of Speed Limiter. 

- No covered vehicle, following the effectivity of this ACt, shall be allowed to run in any road, street or highway in the Philippines without a standard speed limiter in accordance with the standards and specifications approved by the DOTC: Provided, That in case of vehicles which are already registered with any appropriate agency, this requirement shall be complied with not later than eighteen (18) months from the effectivity of this Act. 

SEC. 5. No Speed Limiter, No Registration

-No covered vehicle shall be registered by the LTO or given a franchise by the LTFRB without the standard speed limiter installed and set in the vehicle in compliance with Section 4 and Section 6 hereof. 

SEC. 6. Setting of Standard

-The DOTC shall, in accordance with acceptable international standards, determine the specifications of the speed limiters that may be allowed to be installed in the covered vehicles. The LTO or the LTFRB, shall supervise and inspect the setting of speed limiter corresponding to the maximum allowed in the route plied by a particular covered vehicle. 

SEC. 7. Accreditation

-The Department of Trade and Industry (DTI) shall accredit persons, establishments or institutions producing, manufacturing or distributing speed limiters in accordance with the specifications and standards as may be determined by the DOTC. For this purpose, the DTI shall issue the necessary certification attesting compliance with such specifications and standards as a prerequisite for registration. 

SEC. 8. Implementing Rules and Regulations

-The DOTC, in coordination with the LTO, LTFRB, DTI and the Department of Science and Technology and in consultation with private stakeholders, shall formulate and promulgate the necessary implementing rules and regulations of this Act within sixty (60) days upon the effectivity of this Act. 

SEC. 9. Fines/Penalties

-a) The driver who operates a motor vehicle covered by this Act or the owner or operator who allows such driver to operate without the speed limiter herein required shall suffer a fine in the amount of fifty thousand pesos (P50,000.00).

b) The same fine shall be imposed upon the driver, owner or operator who operates or allows a person to operate a motor vehicle with a nonfunctioning or tampered speed limiter. 

In addition to the above fines, a suspension of the driver's license for a period of one (1) month or franchise of a motor vehicle for a period of three (3) months, as the case may be, shall be imposed upon the offender who commits the abovementioned violations for the first time. 

For the commission of any of the foregoing prohibited acts for the second time, the driver's license of the offender shall be suspended for a period of three (3) months or the franchise of a motor vehicle shall be suspended for a period of six (6) months, as the case may be, in addition to the fines herein imposed. 

For the subsequent commission of any of the foregoing prohibited acts, the driver's license of the offender shall be revoked or the franchise of a motor vehicle shall be suspended for a period of one (1) years, as the case may be, in addition to the fines herein imposed. 

c) Any person who is found guilty of tampering as defined in this Act shall suffer a penalty of imprisonment of not less than six (6) months but not more than (3) years and a fine of thirty thousand pesos (P30,000.00)

The provision of this section shall be applied without prejudice to criminal prosecution or civil action under existing applicable laws. 

Full Implementation of Reproductive Health Law: Is It The Solution To Population Growth

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.

No-Smoking Law To Be Implemented Nationwide

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.”

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