In the Philippines, the government agencies are divided into three branches: the Legislative Branch, the Executive Branch and the Judicial Branch. We are already familiar with some of the National Agencies, but others may seem foreign to us. These agencies can become part and parcel of our lives. We may get ourselves into a situation that require assistance from them. This is why obtaining some information about government agencies pays off. 

We may not have the luxury of time to read deep as we often find ourselves skimming through the web pages, but getting quick access to these agencies can make a huge difference. 

The Legislative Department

The Congress of the Philippines which consists of the Senate and House of the Representatives has legislative power. It is composed of sectoral and district representatives who are elected for a term of three years. Although these representatives can be re-elected, they are not allowed to run for a fourth consecutive term. 

• Senate of the Philippines
• House of Representatives

The Executive Department 

The President of the Philippines has executive power. At present, it is headed by President Benigno Aquino lll of the Liberal Party. The President is also considered the Commander-in-Chief of the Armed Forces of the Philippines. Vice President Jejomar Binay is second highest official of the United Alliance, catapulted to his current position by popular vote. As a  general rule, the Vice President is the first in line in terms of succession in the event the President resigns, dies or is impeached. 

• Office of the President
  

• Office of the Vice-President
  
  
• Department of Agrarian Reform
  
  
• Department of Agriculture
  
  
• Department of Budget and Management
  
  
• Department of Education
  
  
• Department of Energy
  
  
• Department of Environment and Natural Resources
  
  
• Department of Finance
  
  
• Department of Foreign Affairs
  
  
• Department of Health
  
  
• Department of the Interior and Local Government
  
  
• Department of Justice
  
  
• Department of Labor and Employment
  
  
• Department of National Defense
  
  
• Department of Public Works and Highways
  
  
• Department of Science and Technology
  
  
• Department of Social Welfare and Development
  
  
• Department of Tourism
  
  
• Department of Trade and Industry
  
  
• Department of Transportation and Communications
  
  
• Presidential Communications Development and Strategic Planning Office
  
  
• Presidential Communications Operations Office
  
  
• National Economic and Development Authority
  
  
• Other Executive Offices 

The Judicial Department 

The Supreme Court of the Philippines and the lower courts established by law have judicial power. The Supreme Court has a Chief Justice and 14 Associate Justices. The President appoints the justices on the recommendation of the Judicial Bar and Council of the Philippines. 

• Supreme Court of the Philippines
  
  
• Court of Appeals
  
  
• Court of Tax Appeals
  
  
• Sandiganbayan

 

Have you been screening your phone calls to avoid collectors who are constantly nagging you to settle your unpaid credit card balance? Have you been threatened to face a lawsuit if you fail to repay a lender? If incessant calls from creditors caused you to be allergic to phone calls, being armed with the basic principles of the consequences for non-payment of debt can give you greater peace of mind. In fact, it can be a whiff of fresh air if you heard the statement that no one will end up in jail for non-payment of debt. 

Before you allow paranoia to feast on you, know more about the laws associated with unsettled debt.

Some common laws that are said to violate the constitutional prohibition against non-imprisonment of debt:

Credit Cards

The Access Devices Regulation Act of 1998 (RA. 8484) states that any person who obtains the money or anything that is valuable with the use of an access device with the sole intent to defraud or with intent to gain and fleeing once motive has been executed will be held liable for a crime punishable with a fine and imprisonment. In addition, a cardholder who intentionally abandons the residence, place of employment or business that was declared on the application or credit card without informing the credit card company of the current place where he could be reached will also be liable for a crime. If during the abandonment, the person has outstanding and unpaid balance which is past due for at least 90 days and is more than P10,000.00, the individual shall be prima facie presumed to have used his access device or credit card with intent to defraud.

Bouncing Checks 

Bouncing Checks Law (BP22) has also been viewed as a violation of constitutional prohibition against non-imprisonment for debt. In the context of this law, the non-payment of an obligation is not its main concern. The law is not designed to force a debtor to settle his debt. The main purpose of the law is to prevent anyone with the gumption to make checks that don’t have any value with the intention of putting them in circulation. Checks have become a substitute for cash and widely accepted as a medium of payment especially in trade and commerce and when the confidence of using these checks are marred due to its misuse, its value and usefulness will also be diminished. 

Trust Receipts

Trust receipts and bouncing checks share the same argument based on the Trust Receipts Law (PD 115), which states, if a person fails to turn over the proceeds of the sale of goods which are considered covered by a trust receipt or if the person fails to return said goods if they have not been sold, penal sanctions shall be imposed. The punishment is due to the abuse of confidence and dishonesty in the handling of goods or money.

Imagine a country without laws. It will surely be a land full of chaos and disarray as people can do as they please. No stern guidelines, no rules to follow, no restrictions etc. However, the laws, no matter the complexities, are considered a chain that binds our sanity so we continue to be law abiding citizens. 

Some laws may not work in our favor as they can be odd in every sense of the word, but they still have that element of surprise and entertainment. Unfortunately, entertaining as they may sound, these laws still come with a caveat. Some laws may appear to be out of the ordinary, but just like other laws, you can still get incarcerated once you are found guilty of violating them.

Sure laws, are rigid and formal, but they can be twisted sometimes. Even in this modern day and age, laws that are weird, wacky and obscure still exist. These strange laws can bring laughter, but can also bring you to court once you break them. Well, color me surprised. Although some of them are already obsolete, it is still worth knowing them. 

Now, let's start with number 1....

1. You can end up in jail for violating religious freedom.

The violation of the freedom of religion is covered in ART 132 and ART 133 of the Revised Penal Code, which states that interruption of religious worship and offending against religious feelings can charge a person of a crime in violation of the freedom of religion. This penal law has been in existence since the Spanish era. 

Can you still vividly remember Carlos Celdran who was dressed as Jose Rizal? Apparently, he was found guilty of violating Article 133 of the Revised Penal Code. During a mass at the Manila Cathedral, Celdran stood in front while raising a placard bearing the word "DAMASO". Damaso is an oppressive character from Jose Rizal's novel Noli Me Tangere. 

The Iglesia ni Cristo's brouhaha over Justice Secretary Leila de Lima's decision of dealing with the case of serious illegal detention filed against INC leaders recently became the subject of controversy. The issue was taken to social media and there were mixed reactions. To some, it was a violation of INC's religious freedom while others were supportive of the decision and it's not quite surprising that some politicians also came to INC's defense. INC urged De Lima to resign but the Justice Secretary remains unfazed. 

So what's the moral of the story? Stay away from an unfamiliar territory and you'll be fine. 

Although a contract is just a piece of paper that you sign to seal the deal, you can still end up in court due to misinterpretation. A poorly written contract is not necessarily the reason a person can face a lawsuit. Even if your contract has been prepared by one of the biggest law firms in the country, it is still not immune to criminal charges if the obligations that are stated have not been fulfilled. There are basic elements in a contract, which need to be present before any deals can be made. 

A contract refers to an agreement of two or more contracting parties on a particular venture whereby one person binds himself, with respect to the other, to render services or give something. 

The contract must not be obtained through undue influence, coercion, misrepresentation and fraud. As a general rule, the party who has suffered due to breach of contract can claim money damages from the other. The breaching party will also be ordered by the court to perform obligations that are stipulated in the contract.  

Contracts cannot completed without the following requisites:

(1) Contracting parties' consent; 

(2) subject matter of the contract; and 

(3) the cause of the obligation. 

The Basic Elements of Contracts

Consent

In general, when a consent is given, the contract is considered perfected. It can be deemed an oral contract that binds both contracting parties. One person must have a definite offer and the other must have an absolute acceptance of the offer. 

Object of the Agreement

The subject matter refers to the object of the contract. If a thing is deemed outside the commerce of man, it will not be accepted as the object of the contract. Contracts are made to transfer the rights of property, render services and others. However, the object of the contract must not be contrary to law, good customs, morals and public order. 

Consideration

The cause of the contract will be based on the type of contracts. For instance, onerous contract's cause is the promise of service or thing by the other person. Remunatory contract's cause is the benefit or service, which is being remunerated. For contracts of pure beneficence, the cause is the benefactor's liberality. The cause can only be defined based on the nature of the contract. 

An oral contract may not suffice even if both parties have made an agreement. A written contract is a strong proof that a deal or agreement has been made. It includes the necessary details that can be used in court when the obligations have not been met. 

These days, the prevalence of mud-slinging and cyber-bashing cannot be denied. Even a simple exchange of opinions can turn into a heated argument, thanks to the immense popularity of social networking sites.  The Philippines is considered the social networking capital of the world. Almost everyone has a social media account where they share videos, post opinion or simply connect with loved ones. However, the freedom of expression can also be carried to extremes. This does not come as a surprise considering the fact that many individuals have already filed libel charges against someone who has deliberately dragged their name to shame with their false accusations. 

Libel In A Nutshell 

Under Art. 353, Revised Penal Code (RPC), libel refers to a public and malicious imputation of vice or defect, crime, real or imaginary that can cause the contempt, discredit or dishonor a person. 

There are various ways libel can be committed. A person can commit libel by means of printing, writing, engraving, theatrical exhibition, lithography and others. (Art. 355, RPC). Oral defamation is also referred to as slander according to Art. 358, RPC. When defamation is made in a television, it is also considered libel. 

How can a person be held liable for the crime of libel? 

Any person who published or exhibit any defamation in writing or other means will be held liable for the crime of libel. Aside from the author or editor of the libelous pamphlet or book, the business manager of a daily newspaper will also face charges for the defamation especially if he was proven to be the author of the content or article.  In fact, all people who have active participation in the publication where the libelous article is found will be held liable as well. 

When a person has committed a crime of libel, the action will be filed in the Regional Trial Court of the city or province where the libelous article is printed and published. However, if the offended party is a private person, the venue will be his place of residence where the offense was committed and the libelous article was printed and first published. 

The four elements of libel:

• The imputation must be malicious;

• The imputation must be defamatory;

• The imputation must be made publicly;

• The offended party must be identifiable. 

Retraction And The Action For Libel

When a retraction is published to make corrections to the mistake that have been committed, it does not necessarily mean that the accused will be mitigated. For the desired effect to take place, the retraction needs to demonstrate an admission of the falsity of the publication. The desire to repair the incorrectness must also be included in the retraction. 

Annulment is the only option that is available to Filipino couples who wish to end their marriage. Since the legalization of divorce is far from happening, considering the fact that the process of passing a divorce bill is difficult, the only way couples can find a way out of problematic marriages is by seeking annulment. However, annulments are also expensive and come with a number of processes such as seeking assistance from legal counsel in filing petitions. 

Under Article 45 of The family Code of the Philippines, marriage can be annulled due to the following reasons: 

• Fraud

• Psychological incapacity

• Lack of parental consent

• Impotence or physical incapability that is affect the marriage 

• Consent of marriage was obtained by intimidation or force 

• Serious sexually transmitted disease 

The major fees for filling for a petition for annulment of marriage: 

• Filing Fees

The first step to take when seeking an annulment is to file for a Petition for Annulment of Marriage, which will be filed before Office of the Executive Clerk of Courts of the Regional Trial Courts of the city or province that you have been residing for at least a six months. 

• Acceptance Fees

Once the case is filed, the firm will charge an acceptance fee for taking on your case. The charges will vary from firm to firm. Some smaller firms have lower fees than bigger firms. 

• Pleading Fees

When filing for a petition for  annulment of marriage, you will be required to submit documents such as judicial affidavits, petrial briefs and others. You are more likely to submit at least 10 pleading and the fees will depend on the number of documents you submit.

• Appearance Fees

The lawyer need to go to court for a scheduled hearing and you will need to pay a fee for every appearance. On average, annulment cases have at least 7 appearances. 

• Psychiatrist/Doctor Fees

If the petition for annulment of marriage was filed due to psychological incapacity, a psychological report from a psychiatrist or doctor must be presented as proof of psychological incapacity. Doctors or psychiatrists are also made to testify in court as well. 

Aside from these above-mentioned fees, there are other costs that filing for a petition for annulment may incur. The cost can still increase if the process drags on or if there are some additional requirements that can lead to more appearances and pleadings. 

The processing time varies from location to location. On average, it will take around 2 years  to conclude a case for nullity of marriage. It may take longer if there are some complications especially if there are properties involved.

In a situation where you need to seek help from a criminal defense lawyer, setting some criteria will help you bypass the daunting selection process. If you are going to rely on the Internet for some information, you need to be specific with the type of lawyer you are looking for as you will get thousands of search results. While it can be hard to make up your mind, knowing the qualities you need to look for will save you from wasting both your time and money. When you are looking for a criminal defense lawyer, it is important that you take your time. If you are being offered the lowest service cost, you should consider this as a warning sign because the quality of the service might be compromised. Here are some tips you can use for searching for a criminal defense lawyer: 

1. Choose a lawyer with years of experience. 

If you want to increase the chances of gaining a positive outcome of the verdict, you should prioritize lawyers with substantial experience in criminal defense. Make sure the criminal defense lawyer you choose is capable of assisting your needs. If you are charged with a federal crime, you should also choose a lawyer who specializes in federal law. 

2. Get some references in different ways.

You can also obtain some prospects through referrals, courtroom observation, professional organizations and Internet search. List all of your prospects and schedule an interview so you will find out if you have gotten a hold of the right person for the job. 

3. Ask some questions. 

Aside from setting your personal criteria, knowing the questions to ask can get you in the right direction. There are some essential questions you need to ask for you to know if your prospect is really a good fit. You can ask the lawyer’s experience in handling criminal cases, their payment policies or the approaches they use during jury trials. 

4. Verify the information provided by the prospective lawyer.

You might already been told regarding your prospects’ qualification but you have to check on the veracity of their claims. If a lawyer claims to be an expert as a criminal defense lawyer, you need to check several factors such as their track record for winning a case. 

5. Read feedback and reviews. 

You have to find out if the lawyers have a good reputation to his colleagues and previous clients. There are feedback and reviews you can read from various sources. They are helpful in terms of providing background information of your prospective lawyer. 

There is no substitute for legal advice from an attorney especially when it comes to preparing a will. In fact, a will must not be taken lightly as it is a serious matter. Attempting to write a will on your own is going to be risky and may even result in committing costly mistakes. While you might be vacillating on whether to get an attorney to complete your will or do it yourself, these following reasons might just enlighten you on the importance of an attorney: 

Specific Terms Are Used To Avoid Confusion

Vague terms can wreak havoc on completing your will and you might run the risk of being misinterpreted. The attorney uses a standard language for everyone to understand the content of your will. With the standard language, confusions are prevented and the message is conveyed to your beneficiaries and will executors. 

Error-Free

Homemade wills are less likely to be free of errors because it does not undergo the same scrutiny and examination that it gets when it is done by attorneys. Let’s face it, there are some technicalities involved in completing a will and attorneys are detail-oriented. They know the process of preparing a will, but if you are going to make your own will without seeking help from professionals, you might commit errors that are often difficult to undo. Some of the major errors that you may commit include forgetting to keep your will updated, forgetting to include your sign in the will, adding amendments and many others. 

The Will Is Based On Solid Facts 

Attorneys have undergone extensive training to familiarize themselves with the law’s intricacy. Imagine the time and effort they invested to acquire their title. If you are going to write your own will based on assumptions, there might be some areas that remain unclear to you. There will be questions lingering in your mind and they will remain unanswered unless you decide to get help. Contingencies are covered by an attorney that specializes in will preparation. There will be no confusions and your questions are answered point blank. 

Familiarity With Inheritance Tax and Law

Inheritance law is essential when preparing a will. Since it is governed by Civil Code, everything must be accurate and concise. An attorney can provide the right solutions to various inheritance issues that DIY will preparation may have possibly missed. 

Essentials For Preparing A Will

• It must be properly executed.

The will should include a date and place of signing. There should be witnesses in your presence before signing could take place. 

• The testator must be of legal age.

A testator must be at least eighteen years of age to be considered qualified for preparing a will. 

• The testator must have a sound mind.

It is also important that you are fully aware you are making a will. You should know the names of beneficiaries or descendants. 

• The will must be properly signed.

An unsigned will is considered invalid. With that being said, it is required that you voluntarily sign your will. Alternative provisions will be made if there are some unlikely circumstances that deterred a testator to sign the will such as illness or illiteracy.  

• There must be a clear intention to transfer the property. 

A statement with your intention to transfer the property to specific persons must also be prepared.