Poverty is one of the perennial problems plaguing the country. Various programs have been implemented to reduce the numbers of starving Filipinos. The system is said to target the poor by providing their basic needs such as food, water, shelter, education and more. However, poverty-stricken individuals are either unaware that such programs exist or they are not given proper assistance. For instance, a person would rather become an informal settler than be relocated in an area far from their source of income. Others will even resort to illegal means to provide food on their family's plate. They are well aware that their acts can land them in jail, but they do not have any choice but to bite the bullet. One step to alleviating poverty is to make people aware that these programs actually exist. The National Anti-Poverty Commission (NAPC) provides programs for the purpose of helping the poor improve their quality of life. Such programs are focused on providing free education for the deserving poor students, livelihood, microfinance services and more. NAPC shall:

(1) Source funds for the establishment of and augmentation to the Trust Fund; 

(2) Recommend to the appropriate government department or agency the accreditation of organizations and institutions that shall act as resource partners in conducting institutional development and capability building activities for accredited organizations and beneficiaries of microfinance and micro-enterprise programs;  

(3) Ensure that validation and monitoring activities are conducted for funded institutional development and capability building projects/programs/beneficiaries; and 

(4) Promote research and development work on livelihood and microfinance technology and publications/communications programs that assist the poor beneficiaries.

Sec. 11. Purposes of the People's Development Trust Fund (PDTF). — The earnings of the PDTF shall be utilized for the following purposes:

(1) Consultancy and training services for microfinance institutions and their beneficiaries on the establishment of the necessary support services, social and financial preparation of beneficiaries, preparation of plans and programs including fund sourcing and assistance, establishment of credit and savings monitoring and evaluation mechanisms; 

(2) Scholarships or training grants for microfinance staff and officers, and selected beneficiaries; 

(3) Community organizing for microfinance, livelihood and micro-enterprises training services; 

(4) Livelihood/micro-enterprise project/program feasibility studies and researches; 

(5) Savings mobilization and incentive programs, and other similar facilities; 

(6) Information and communication systems such as baseline surveys, development monitoring systems, socioeconomic mapping surveys, organizational assessments, and other similar activities; 

 (7) Legal and other management support services such as registration, documentation, contract review and enforcement, financial audit and operational assessment; 

 (8) Information dissemination of microfinance technology; and 

 (9) Other activities to support microfinance as approved by the designated agency administering the PDTF.

The PDTF may be accessed by the following:

(a) Registered microfinance organizations engaged in providing micro-enterprise services for the poor to enable them to become viable and sustainable; 

(b) Local government units providing microfinance and micro-enterprise programs to their constituents: Provided, That the PDTF shall not be used by the LGUs for personal services and maintenance and other operating expenses; and 

(c) Local government units undertaking self-help projects where at least twenty-five percent (25%) of the total earnings of the PDTF shall be used exclusively for the provision of materials and technical services.

Sec. 12. The role of Local Government Units (LGUs). — The local government units, through the local development councils of the province, city, municipality, or barangay shall be responsible for the formulation, implementation, monitoring and evaluation of the National Anti-Poverty Action Agenda in their respective jurisdictions. The LGUs shall:

(a) Identify the poor in their respective areas based on indicators such as the minimum basic needs approach and the human development index, their location, occupation, nature of employment, and their primary resource base and formulate a provincial/city/municipality anti-poverty action agenda; 

 (b) Identify and source funding for specific social reform and poverty alleviation projects; 

(c) Coordinate, monitor and evaluate the efforts of local government units with the private sector on planning and implementation of the local action program for social reform and poverty alleviation; and 

(d) Coordinate and submit progress reports to the National Anti-Poverty Commission regarding their local action programs.

Nothing in this Act shall be construed as diminishing the powers granted to the local government units under the Local Government Code. 

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.”

With just a few days away from 2016 Presidential Election, Commission on Elections (COMELEC) is still dealing with minor glitches. Although Smartmatic International has already assured of an election free of technical issues, there are still some doubts on the effectiveness of vote counting machines in terms of delivering the fast and accurate results.

Smartmatic General Manager Elie Moreno assures voters that it’s all systems go after conducting a mock election on May 3, 2016. All of the vote counting machines have already been delivered and each machine has undergone an international certification review. A hardware acceptance test and local source code review have been put in place. There is a total of 92,509 VCMs, which will be used in the elections. In the event of technical failures, there are additional 5000 machines on standby, which will be used as backup.

The ballots are ready and the technology, which will be used for verifying votes has been checked. The final testing was conducted on Monday and even teachers who will serve as the inspectors of board of election have tested the machines. Although COMELEC encountered a problem with cyber security due to hacking of voter’s personal data, both COMELEC and Smartmatic gave an assurance that the machines are hack-free.

The VCMs are not connected to the Internet and with that said, Lawyer Karen Jimeno assures that hackers do not have access to the information. Jimeno also added that the level of encryption of VCM is 256 bits and this is much higher than the security used for banking programs. Aside from the high encryption level, Smartmatic also use an encrypted SD (Secure Digital) card. The card is intended for preventing tampering of election results.

The preparation of these vote counting machines is said to be in compliance with Republic Act No. 9369:

"SEC.14. Examination and Testing of Equipment or Device of the AES and Opening of the Source Code for Review. - The Commission shall allow the political parties and candidates or their representatives, citizens' arm or their representatives to examine and test.

"The equipment or device to be used in the voting and counting on the day of the electoral exercise, before voting start. Test ballots and test forms shall be provided by the Commission.

"Immediately after the examination and testing of the equipment or device, parties and candidates or their representatives, citizen's arms or their representatives, may submit a written comment to the election officer who shall immediately transmit it to the Commission for appropriate action.
"The election officer shall keep minutes of the testing, a copy of which shall be submitted to the Commission together with the minute of voting."

"Once an AES technology is selected for implementation, the Commission shall promptly make the source code of that technology available and open to any interested political party or groups which may conduct their own review thereof."

The Republic Act No. 7279 or the Urban Development and Housing Act is authored by former senator Jose D. Lina and the law has been in existence for many years but, until now, it is misunderstood. While the law aims to pay serious attention to homeless citizens more often referred to as informal settlers, there are some guidelines and procedures that need to be followed in the event of demolition. One of the misconceptions is that informal settlers have the right to own the land if they have been squatting on it for more than 10 years. Unfortunately, this claim has no basis in the law. Thus, it remains a false belief that informal settlers continue to embrace.

There are also scenarios when private landowners pay informal settlers as a form of compensation. Although, private landowners are not prohibited to provide financial assistance to informal settlers who have agreed to relocate, giving money to squatters should be a voluntary act. Prior to relocation, squatters need to be consulted, but consultation does not necessarily mean that their consent is also needed. The role of the government is to ensure that all available resources are exhausted to ensure that the relocation site is near the settlers’ job sites. Without the settlers’ consent, the government will still push through with searching for a suitable relocation site.

Informal settlers do not own the land and this is why they have limited rights. They can be ejected based on ejection and accion publiciana.  Ejectment refers to unlawful detainer or forcible entry while accion publiciana refers to the plenary action to recover the better possession right.

Section 28 of this Act outlines eviction and demolition procedures:

“Sec.  28. Eviction and Demolition. — Eviction or demolition as a practice shall be discouraged. Eviction or demolition, however, may be allowed under the following situations:

(a) When persons or entities occupy danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places such as sidewalks, roads, parks, and playgrounds;      
    
(b) When government infrastructure projects with available funding are about to be implemented; or

(c) When there is a court order for eviction and demolition.chanrobles virtual law library

In the execution of eviction or demolition orders involving underprivileged and homeless citizens, the following shall be mandatory:

(1) Notice upon the effected persons or entities at least thirty (30) days prior to the date of eviction or demolition;     
           
(2) Adequate consultations on the matter of settlement with the duly designated representatives of the families to be resettled and the affected communities in the areas where they are to be relocated;

(3) Presence of local government officials or their representatives during eviction or demolition;

(4) Proper identification of all persons taking part in the demolition;

(5) Execution of eviction or demolition only during regular office hours from Mondays to Fridays and during good weather, unless the affected families consent otherwise;

(6) No use of heavy equipment for demolition except for structures that are permanent and of concrete materials;

(7) Proper uniforms for members of the Philippine National Police who shall occupy the first line of law enforcement and observe proper disturbance control procedures; and

(8) Adequate relocation, whether temporary or permanent: Provided, however, That in cases of eviction and demolition pursuant to a court order involving underprivileged and homeless citizens, relocation shall be undertaken by the local government unit concerned and the National Housing Authority with the assistance of other government agencies within forty-five (45) days from service of notice of final judgment by the court, after which period the said order shall be executed: Provided, further, That should relocation not be possible within the said period, financial assistance in the amount equivalent to the prevailing minimum daily wage multiplied by sixty (60) days shall be extended to the affected families by the local government unit concerned.

This Department of the Interior and Local Government and the Housing and Urban Development Coordinating Council shall jointly promulgate the necessary rules and regulations to carry out the above provision.”

Effective March 3, 2016, the Graphic Health Warnings Law or R.A No. 10643 will be implemented to raise awareness to the public on the deleterious effects of smoking to one’s health. It has been known that smoking can cause various illnesses such as stroke and mouth cancer. While the government has implemented SinTax Reform Law to reduce the number of smokers in the country, seeing images of the negative effects of smoking can somehow urge smokers to kick the habit.

The gruesome images will be printed on the cigarette packs and with the element of fear in these images, the frequency of smoking will eventually lessen. It is expected that all cigarettes sold in the market have graphic warnings that cover a pack’s lower half. There should also be additional information on side panels including the websites and hotlines that cater to smoke related concerns.

A fine of up to P500,000 will be imposed upon manufacturers, importers and distributors who violate the law on the first offense. The penalty will be raised to P1 million on the second offense. The fine can reach up to P2 million on the third offense and law violators will serve a sentence of not more than five years in prison. Shops that violate the law will also be at risk of losing their business permits.

Section 6 of Republic Act No. 10643 explains how the graphic images must printed on cigarette packs:

“SEC. 6. Graphic Health Warnings. – One (1) year after the issuance of the templates by the Department of Health (DOH), cigarette packages and other tobacco product packages, including package inserts and onserts, and any outside packaging and labelling, withdrawn from the manufacturing facilities, or imported into the Philippine customs territory shall bear the prescribed highly visible full-color Graphic Health Warnings, that shall have two (2) components: a photographic picture warning and an accompanying textual warning that is related to the picture.

(a) The Graphic Health Warnings shall be printed on fifty percent (50%) of the principal display surfaces of any tobacco package; it shall occupy fifty percent (50%) of the front and fifty percent (50%) of the back panel of the packaging, as described in Section 4;

(b) The Graphic Health Warnings shall be located at the lower portions of the said panels or Principal Display Areas;

(c) Nothing shall be printed or applied on a location where it is likely to obscure or cover, in part or in whole, the Graphic Health Warnings or the location where the internal revenue strip stamp is to be affixed as may be required by the BIR;

(d) No part of the warning may be obliterated, obscured, folded, severed or become unreadable when the tobacco package is opened or closed or when a wrapper on the package is removed;

(e) The Graphic Health Warnings shall be printed in four colors /-cmyk-/ screen 133 lines per inch based on a source file of 300 dpi;

(f) The printing of the Graphic Health Warnings shall be done using current available technology for purposes of providing vivid and realistic pictures, without the use of any border, frame or any other design that will effectively lessen the size of the warning;

The Graphic Health Warnings shall be printed or inscribed on the package in a color which contrasts conspicuously with the background of the package or its labels;

(g) A maximum of twelve (12) templates of Graphic Health Warnings shall be printed simultaneously and these shall be rotated periodically for each brand family and also for each variant, so that every twenty-four (24) months, the variations of the warnings shall appear in the market with approximately equal frequency and equal display of health warnings and messages on retail packages; and

(h) Graphic Health Warnings specifications –

(1) The text warning accompanying the photographic picture warning shall be worded in such manner that an ordinary layman will understand what the picture is about and what the ill-effects of smoking are on the health of the smoker and on the people around him;

(2) The text warning shall be placed on areas of the photograph where it will not obscure the picture itself but will be prominently displayed;

(3) The text shall use no more than twenty percent (20%) of the entire area of the Graphic Health Warnings and shall appear in clearly legible type and in contrast by typograph, layout and color, without the use of any border, frame or any other design that will effectively lessen the size of the textual warning; and

(4) The accompanying text shall be printed in Filipino on the front panel and English on the back panel. In the case of other containers where there is only one (1) external surface area, the accompanying text will alternately be in English or Filipino.