What happens when siblings inherit a commonly owned property? Disputes that involve partition of property is not an uncommon scenario especially when one party decides to get his/her share of the property. Without knowing the general rule, the issue with partition of property will be brought to court.  The general rule specified under Articles 1082 to 1090 of the New Civil Code of the Philippines will be able to shed light on this legal matter. 

Art. 1082. Every act which is intended to put an end to indivision among co-heirs and legatees or devisees is deemed to be a partition, although it should purport to be a sale, and exchange, a compromise, or any other transaction. (n)

Art. 1083. Every co-heir has a right to demand the division of the estate unless the testator should have expressly forbidden its partition, in which case the period of indivision shall not exceed twenty years as provided in article 494. This power of the testator to prohibit division applies to the legitime.

Even though forbidden by the testator, the co-ownership terminates when any of the causes for which partnership is dissolved takes place, or when the court finds for compelling reasons that division should be ordered, upon petition of one of the co-heirs. (1051a)

Art. 1084. Voluntary heirs upon whom some condition has been imposed cannot demand a partition until the condition has been fulfilled; but the other co-heirs may demand it by giving sufficient security for the rights which the former may have in case the condition should be complied with, and until it is known that the condition has not been fulfilled or can never be complied with, the partition shall be understood to be provisional. (1054a)

Art. 1085. In the partition of the estate, equality shall be observed as far as possible, dividing the property into lots, or assigning to each of the co-heirs things of the same nature, quality and kind. (1061)

Art. 1086. Should a thing be indivisible, or would be much impaired by its being divided, it may be adjudicated to one of the heirs, provided he shall pay the others the excess in cash.

Nevertheless, if any of the heirs should demand that the thing be sold at public auction and that strangers be allowed to bid, this must be done. (1062)

Art. 1087. In the partition the co-heirs shall reimburse one another for the income and fruits which each one of them may have received from any property of the estate, for any useful and necessary expenses made upon such property, and for any damage thereto through malice or neglect. (1063)

Art. 1088. Should any of the heirs sell his hereditary rights to a stranger before the partition, any or all of the co-heirs may be subrogated to the rights of the purchaser by reimbursing him for the price of the sale, provided they do so within the period of one month from the time they were notified in writing of the sale by the vendor. (1067a)

Art. 1089. The titles of acquisition or ownership of each property shall be delivered to the co-heir to whom said property has been adjudicated. (1065a)

Art. 1090. When the title comprises two or more pieces of land which have been assigned to two or more co-heirs, or when it covers one piece of land which has been divided between two or more co-heirs, the title shall be delivered to the one having the largest interest, and authentic copies of the title shall be furnished to the other co-heirs at the expense of the estate. If the interest of each co-heir should be the same, the oldest shall have the title. (1066a) 

Custody is not only awarded to parents because in the event that the parent is deemed unfit, petition for guardianship can be filed. However, it is also important to note that grounds for petition for guardianship must also be taken into consideration. 

RULE 92

Venue

Section 1. Where to institute proceedings. — Guardianship of a person or estate of a minor or incompetent may be instituted in the Court of First Instance of the province, or in the justice of the peace court of the municipality, or in the municipal court chartered city where the minor or incompetent persons resides, and if he resides in a foreign country, in the Court of First Instance of the province wherein his property or the party thereof is situated; provided, however, that where the value of the property of such minor or incompetent exceeds that jurisdiction of the justice of the peace or municipal court, the proceedings shall be instituted in the Court of First Instance.

In the City of Manila the proceedings shall be instituted in the Juvenile and Domestic Relations Court.

Section 2. Meaning of word "incompetent." — Under this rule, the word "incompetent" includes persons suffering the penalty of civil interdiction or who are hospitalized lepers, prodigals, deaf and dumb who are unable to read and write, those who are of unsound mind, even though they have lucid intervals, and persons not being of unsound mind, but by reason of age, disease, weak mind, and other similar causes, cannot, without outside aid, take care of themselves and manage their property, becoming thereby an easy prey for deceit and exploitation.

Section 3. Transfer of venue. — The court taking cognizance of a guardianship proceeding, may transfer the same to the court of another province or municipality wherein the ward has acquired real property, if he has transferred thereto his bona-fide residence, and the latter court shall have full jurisdiction to continue the proceedings, without requiring payment of additional court fees.

RULE 93

Appointment of Guardians

Section 1. Who may petition for appointment of guardian for resident. — Any relative, friend, or other person on behalf of a resident minor or incompetent who has no parent or lawful guardian, or the minor himself if fourteen years of age or over, may petition the court having jurisdiction for the appointment of a general guardian for the person or estate, or both, of such minor or incompetent. An officer of the Federal Administration of the United States in the Philippines may also file a petition in favor of a ward thereof, and the Director of Health, in favor of an insane person who should be hospitalized, or in favor of an isolated leper.

Section 2. Contents of petition. — A petition for the appointment of a general guardian must show, so far as known to the petitioner:

(a) The jurisdiction facts;

(b) The minority or incompetency rendering the appointment necessary or convenient;

(c) The names, ages, and residence of the relatives of the minor or incompetent, and of the person having him in their care;

(d) The probable value and character of his estate;

(e) The name of the person for whom letters of guardianship.

The petition shall be verified; but no defect in the petition or verification shall render void the issuance of letters of guardianship.

Section 3. Court to set time for hearing. Notice thereof. — When a petition for the appointment of a general guardian is filed, the court shall fix a time and place for hearing the same, and shall cause reasonable notice thereof to be given to the persons mentioned in the petition residing in the province, including the minor if above 14 years of age or the incompetent himself, and may direct other general or special notice thereof to be given.

Section 4. Opposition to petition. — Any interested person may, by filing a written opposition, contest the petition on the ground of majority of the alleged minor, competency of the alleged incompetent, or the insuitability of the person for whom letters are prayed, and may pray that the petition be dismissed, or that letters of guardianship issue to himself, or to any suitable person named in the opposition.

Section 5. Hearing and order for letters to issue. — At the hearing of the petition the alleged in competent must be present if able to attend, and it must be shown that the required notice has been given. Thereupon the courts shall hear the evidence of the parties in support of their respective allegations, and, if the person in question is a minor, or incompetent it shall be appoint a suitable guardian of his person or estate, or both, with the powers and duties hereinafter specified.

Section 6. When and how guardian for non-resident appointed. Notice. — When a person liable to be put under guardianship resides without the Philippines but the estate therein, any relative or friend of such person, or any one interested in his estate, in expectancy or otherwise, may petition a court having jurisdiction for the appointment of a guardian for the estate, and if, after notice given to such person and in such manner as the court deems proper, by publication or otherwise, and hearing, the court is satisfied that such non-resident is a minor or incompetent rendering a guardian necessary or convenient, it may appoint a guardian for such estate.

Section 7. Parents as guardians. — When the property of the child under parental authority is worth two thousand pesos or less, the father of the mother, without the necessity of court appointment, shall be his legal guardian. When the property of the child is worth more than two thousand pesos, the father or the mother shall be considered guardian of the child's property, with the duties and obligations of guardians under this rules, and shall file the petition required by section 2 hereof. For good reasons the court may, however, appoint another suitable person.

Section 8. Service of judgment. — Final orders or judgments under this rule shall be served upon the civil registrar of the municipality or city where the minor or incompetent person resides or where his property or part thereof is situated.

RULE 94

Bonds of Guardians

Section 1. Bond to be given before issuance of letters. Amount. Condition. — Before a guardian appointed enters upon the execution of his trust, or letters of guardianship issue, he shall give a bond, in such sum as the court directs, conditioned as follows:

(a) To make and return to the court, within three (3) months, a true and complete inventory of all the estate, real and personal, of his ward which shall come to his possession or knowledge of any other person for him;

(b) To faithfully execute the duties of his trust, to manage and dispose of the estate according to these rules for the best interests of the ward, and to provide for the proper care, custody, and education of the ward;

(c) To render a true and just account of all the estate of the ward in his hands, and of all proceeds or interest derived therefrom, and of the management and disposition of the same, at the time designated by these rules and such other times as the courts directs, and at the expiration of his trust to settle his accounts with the court and deliver and pay over all the estate, effects, and moneys remaining in his hands, or due from him on such settlement, to the person lawfully entitled thereto;

(d) To perform all orders of the court by him to be performed.

Section 2. When new bond may be required and old sureties discharged. — Whenever it is deemed necessary, the court may require a new bond to be given by the guardian, and may discharge the sureties on the old bond from further liability, after due notice to interested persons, when no injury can result therefrom to those interested in the estate.

Section 3. Bonds to be filed. Actions thereon. — Every bond given by a guardian shall be filed in the office of the clerk of the court, and, in case of the breach of a condition thereof, may be prosecuted in the same proceeding or in a separate action for the use and benefit of the ward or of any other person legally interested in the estate.

RULE 95

Selling and Encumbering Property of Ward

Section 1. Petition of guardian for leave to sell or encumber estate. — When the income of the estate under guardianship is insufficient to maintain the ward and his family, or to maintain and educate the ward when a minor, or when it appears that it is for the benefit of the ward that his real estate or some part thereof be sold, or mortgaged or otherwise encumbered, and the proceeds thereof put out at interest, or invested in some productive security, or in the improvement or security or other real estate of the ward, the guardian may present a verified petition to the court by which he was appointed setting forth such facts, and praying that an order issue authorizing the sale or encumbrance.

Section 2. Order to show cause thereupon. — If it seems probable that such sale or encumbrance is necessary, or would be beneficial to the ward, the court shall make an order directing the next of kin of the ward, and all persons interested in the estate, to appear at a reasonable time and place therein specified to show cause why the prayer of the petition should not be granted.

Section 3. Hearing on return of order. Costs. — At the time and place designated in the order to show cause, the court shall hear the proofs and allegations of the petitioner and next of kin, and other persons interested, together with their witnesses, and grant and refuse the prayer of the petition as the best interest of the ward require. The court shall make such order as to cost of the hearing as may be just.

Section 4. Contents of order for sale or encumbrance, and how long effective. Bond. — If, after full examination, it appears that it is necessary, or would be beneficial to the ward, to sell or encumber the estate, or some portion of it, the court shall order such sale or encumbrance and that the proceeds thereof be expended for the maintenance of the ward and his family, or the education of the ward, if a minor, or for the putting of the same interest, or the investment of the same as the circumstances may require. The order shall specify the causes why the sale or encumbrance is necessary or beneficial, and may direct that estate ordered sold be disposed of at either public or private sale, subject to such conditions as to the time and manner of payment, and security where a part of the payment is deferred as in the discretion of the court are deemed most beneficial to the ward. The original bond of the guardian shall stand as security for the proper appropriation of the proceeds of the sale, but the judge may, if deemed expedient, require an additional bond as a condition for the granting of the order of sale. No order of sale granted in pursuance of this section shall continue in force more than one (1) year after granting the same, without a sale being had.

Section 5. Court may order investment of proceeds and direct management of estate. — The court may authorize and require the guardian to invest the proceeds of sales or encumbrances, and any other of his ward's money in his hands, in real estate or otherwise, as shall be for the best interest of all concerned, and may make such other orders for the management, investment, and disposition of the estate and effects, as circumstances may require.

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. 

Marriage can go sour when there is no communication and this can lead to separation. While no formal closure has taken place, either party may presume that the marriage is over due to long separation. Both parties may even decide to enter into a new relationship after all, everyone has already moved on. However, the fact that marriage has not been nullified still deters both parties from pursuing plans on getting married. Now, if a man decides to take the relationship with the new found love to the next level, the previous marriage needs to be nullified, otherwise, he will be charged of a crime of bigamy.

What are the elements of bigamy?

According to Article 349 of the Revised Penal Code of the Philippines, a person can be criminally responsible for the crime of bigamy if: the offender is legally married; the marriage has not been nullified; or the absent spouse could not yet be presumed dead based on the Civil Code. Bigamy takes place when a second marriage is contracted and has met the essential requisites of a valid marriage.

Under Article 349 of the Revised Penal Code, the elements of the crime of Bigamy are:

(1) that the offender has been legally married;

(2) that the first marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the Civil Code;

(3) that he contracts a second or subsequent marriage; and

(4) that the second or subsequent marriage has all the essential requisites for validity.

Does signing a marriage contract automatically hold a man criminally responsible? The subsequent marriage will only be considered valid if it meets the requisites of a valid marriage. This means that the consent must be freely given by both parties in the presence of the solemnizing officer. The solemnizing officer should also have the authority to solemnize the marriage. Without a valid marriage license, the contract of marriage will not take place and the crime of bigamy will not prosper in court.

ART. 53. No marriage shall be solemnized unless all these requisites are complied with:

(1) Legal capacity of the contracting parties;

(2) Their consent, freely given;

(3) Authority of the person performing the marriage; and

(4) A marriage license, except in a marriage of exceptional character.

You lost your job.

A family member got hospitalized causing you to use the money intended for paying rent.

You will certainly agree that being faced with financial issues is stressful. Every tenant has encountered problems with paying rent on time or in full. It is no secret. The mere fact that your landlord will penalize you for paying late is enough to cause panic.

The good news is, you can still deal with late rent payments.

Arrange A Partial Rent Payment

Being evicted is the last thing you want to happen, but rules are rules. There is still something you can do to avoid eviction and that is to negotiate a partial or delayed rent payment. Do not wait for your landlord to remind you of the payment you failed to make. Be proactive and inform your landlord that can't afford to pay rent this month. The mere fact that you made an effort to inform them is a sign of your willingness to settle delayed rent payment.

Keep in mind that delayed payment can also affect your landlord in more ways than one. What if the payment will be used for paying the utility bills? What if the payment will be intended for paying their kids' tuition fees? Giving your landlord a written assurance that you are going to pay the full rent will give both parties peace of mind.

First, you need to ask your landlord in writing to give you a few extra days or weeks to settle the payment. You will need to explain why you are having difficulties making a timely payment.

If it is possible, you can offer to pay at least some of the rent on time. Your landlord also needs an assurance that you will deliver what you have promised so a written agreement will be deemed necessary. Be sure to indicate the date and keep your promise. As a rule of thumb, late payment will also incur late fee. Be sure to be prepared for it.

The Problem Will Not Go Away Unless You Do Something About it

If you are tempted to ignore the problem, thinking that it will just go away, you may have to think twice.

Your landlord keeps a record of the payment tenants made. This means they can easily track late payments. You will not solve the problem if you will develop a habit of ignoring reminders through emails or phone calls. Not cool.

Sending A Check You Know Will Bounce Is A Big No-No!

If you are toying with the idea of sending a bad check, it is estafa hiding in plain sight, a lawsuit that is waiting to happen. Instead of solving the problem, you are only fueling your landlord's anger. A bounced check only worsens your problem as the landlord may be left with no choice but to terminate your tenancy.

If you have been a good tenant, asking a small favor from your landlord won't hurt. Once you have made a rent payment, make it a habit to pay on time.

It is a known fact that some properties for sale are still registered in the names of the deceased parent or next of kin. If the property owner passed away, the estate must be settled before the name of the buyer can be transferred. More often than not, this is a complicated process if you do not know the steps. When you settle the estate of a deceased person, it means you should declare the properties of the deceased whether it is real or personal estate. The name of another person cannot be successfully transferred if the estate has not been settled. The rule applies to both testate and intestate.

6 Steps To Settling The Estate Of A Deceased Person

1. Secure and fill out BIR Form 1904. The form is intended for application for registration. It is important to apply for a valid Tax Identification Number (TIN) when you transact with the BIR. The purpose of Form 1904 is to verify the seller's and the buyer's TIN. When it comes to the payment of estate taxes, it is important to secure a separate TIN for the estate of the deceased. 

2. Prepare the mandatory documentary requirements and submit them to the BIR so the estate of a deceased person will be settled.

3. Secure BIR Form 1801. This form refers to the Estate Tax Return Form. Fill out the form with the necessary information such as the name and the TIN of the Estate. The ONETT officer of the Day will help you in filling out the rest of the form based on the computation and review of the documents you have presented. You will need to consult a certified public accountant if the estate of the deceased person is more than P3 million. The accountant will help to determine the taxable estate's initial computation.

4. Pay the estate tax based on the computation. Settle the estate tax with an Authorized Agent Bank (AAB) of the RDO, which has the jurisdiction over the place of residence of the deceased person. You can pay the computed estate tax by cash, manager's or cashier's check. If you are going to settle the estate tax through a Manager's or Cashier's Check, make sure that the following is written as payee:" (Bank, Branch) FAO BUREAU OF INTERNAL REVENUE IFO (Taxpayer's Name) (Tin of Taxpayer)." If you choose to pay the estate tax using a AAB, which is a government financial institution such as Landbank of the Philippines, the payee will be the BUREAU OF INTERNAL REVENUE.

5. The documentary requirements must be submitted including the proof of payment to the RDO, which has the jurisdiction over the decedent's place of residence.

6. Wait for the Certificate Authorizing Registration to be released. Once CAR is released, the property can be sold to a buyer. When paying the capital gains, the CAR along with Affidavit of Self-Adjudication, Extra-judicial Settlement of Estate, Tax Clearance Certificate and other requirements should presented.

With the growing number of unemployed individuals in the Philippines, employment is deemed a privilege. A privilege that some employers tend to exploit due to the employee's lack of basic knowledge of the labor law. Some employees are well aware of their rights and exercise it when they feel that employers are already crossing the lines. There are employees that remain oblivious to the fact that they are giving more to the employers and only getting less. Part-time employment may seem less glamorous than its counterpart: the full-time employment. However, it does not necessarily mean that this type of employment will not entitle employees of the benefits they so deserve. DOLE's explanatory bulletin explains the right of a part-time employee:

On payment of wages and statutory monetary benefits

As the Labor Code benefits are generally based on the 8-hour workday schedule, the employer may pay “proportionately decrease the daily wage and wage-related benefits granted by law.” This presupposes that there is no contrary stipulation in the employment contract, company policy, CBA, requiring full payment for 8 hours a day despite a shorter work schedule.

The above rule applies the principle of fairness and equity, as well as the principle of “a fair day’s wage for a fair day’s labor.”
On security of tenure

Part-time employees enjoy security of tenure.

As with full-time employees, part-time employees may only be terminated from employment after observance of due process. Due process termination requires the observance of substantive due process and procedural due process. Non-compliance with due process will result in illegal dismissal of a part-time employee.

Curiously, the Bulletin states that part-time employees are entitled to security of tenure only if they become regular employees. “Once they become regular employees, they are entitled to security of tenure under the law, and can only be separated for a just or authorized cause and after due process.”

It is respectfully submitted that this is incorrect.

The principle of security of tenure enshrined in the 1987 Constitution applies to all employees – without exception. As a part-time employee is undoubtedly and without question an employee, then the principle of security of tenure likewise applies to such employee.

Further, it should be borne in mind that a part-time employee may be a regular despite the shorter working schedule. To be clear, a regular employee may be a full-time regular or a part-time regular. The Supreme Court no less has recognized such a situation.

In Perpetual Help Cooperative, Inc. v. Faburada, it was held that a part-time employee may be a regular despite rendering less than the eight hours of work a day. “That [the employee] worked only on a part-time basis does not mean that he is a not a regular employee. Ones regularity of employment is not determined by the number of hours one works but by the nature and by the length of time one has been in that particular job.”

As the Bulletin was issued in 1996 and the Perpetual Help Cooperative case was promulgated in 2005, it is submitted that the said case law supersedes the Bulletin insofar as there may be inconsistencies.
On probationary employment

In the Bulletin, probationary employment for part-time employees may extend the prescribed six (6) months period to the extent that the total number of hours work would be equal to that of a full-time employee under probation.

The justification is anchored on the “intent of the law in allowing a probationary period prior to regularization.”[6] The employer’s main reason for insisting the 6-month probation is to test the employee’s fitness for employment during that time. Thus, the number of normal working days and hours within the probationary period should be observed. “For this reason, part-timers should become regular in status, after working for the total number of hours or days, which completes a six-month probationary period of a full-time worker in the same establishment doing the same job under normal circumstances.”

In general, the full custody of a child below seven is given to the mother. However, a mother may risk losing custody if found guilty of subjecting children to any type of abuse.

The compelling reasons for a mother to lose child custody:

1. insanity
2. neglect
3. abandonment
4. immorality and unemployment
5. habitual drunkenness
6. drug addiction
7. maltreatment of the child
8. affliction with a communicable illness

For children older than seven years of age, they have the right to state their preference. However, the court is not bound by the children's choice as it also has to exercise its discretion by ensuring that the parent who gets the custody is deemed fit for the role. The custody may also be given to a third person.

"Art. 209. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and well‑being. (n)

The State ought not to interfere with the right of parents to bring up their child unless its exercise causes potential harm to him. The State steps in, through the law, only if there are compelling reasons to do so. State intrusion is uncalled for where the welfare of a child is not jeopardized.

Regardless of marital circumstances, the mother and the father are presumed to be fit and competent to act in the best interest of their child. They can agree to share parental authority or, if you will, parental custody even as they decide to live under separate roofs. In a voluntary joint custody the mother might want to keep the child in her home during schooldays but allow the father to have him on weekends. And they could agree on some device for arriving at a consensus on where the child will study and how his spiritual needs are to be attended to.

The law does not take away from a separating couple the authority and competence to determine what is best for their child. If they resolve on their own that shared parental custody is in their child's best interest, then the law and the courts have no business vetoing their decision. The parents enjoy a primary right to make such decision. I cannot concede that, where the child is below seven years of age, any agreement that diminishes the mothers absolute custody over him is void.

The second paragraph of Article 213 of the Family Code should not be read as prohibiting separated couples from agreeing to a custody arrangement, other than sole maternal custody, for their child of tender age. The statutory preference for the mothers custody comes into play only when courts are compelled to resolve custody fights between separated parents. Where the parents settle the matter out of court by mutual agreement, the statutory preference reserved to the mother should not apply.

A reading of the entire text of Article 213 shows that the second paragraph applies only to custody disputes that have reached the courtroom. Thus:

Article 213. In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit.

No child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise.

It is unmistakable that the legislative policy is to vest the separated mother with physical custody of the child under seven years old, in cases where the courts are called upon to designate a parent for the exercise of parental authority. The second sentence of the first paragraph and the second paragraph itself merely qualify the general rule expressed in the first sentence that parental authority shall be exercised by the parent designated by the Court, in case of parental separation.

In choosing the parent who will exercise parental authority, the court must take into account all relevant considerations. One of these is the child's age, as the court is directed to give due regard to the child's choice, if the child is more than seven years of age. If the child, however, is below seven years of age, the court cannot separate the child from the mother, except for compelling reasons. This is the import of the entire provision.

Thus, no legislative policy is violated if separated parents are allowed to voluntarily agree to a child custody arrangement other than sole maternal custody. It is not the policy of the state to prohibit separated parents from compromising on child custody even if the child is of tender age. On the contrary, voluntary custody agreements are generally favored as it can only work for the best interest of the child.

It is not logical to say that the Court would be subverting the legislative policy of avoiding a tragedy where a mother has seen her baby torn away from her if separated parents are allowed to enter into a joint custody agreement. It can hardly be said that a child is being torn away from the mother, if the mother sees the wisdom and benefit of sharing custody of the child with the father. The voluntary nature of the agreement negates any deep sorrow or sense of deprivation that the mother may experience on account of her separation from the child."

Many individuals encounter problems when a property is divided between legal heirs. The most common reason is the lack of basic understanding of the process of extrajudicial settlement of estate. While it cannot be denied that the process of buying and selling of property has been in existence for so long, there are still sellers or buyers who still fall prey to scams because they do not know the process. The process might be as simple as selling the property to the buyer and dealing with legal formalities, but there are processes that can be a bit complicated especially when the property owner passes away. When the transfer of ownership has not been completed, there is a great chance of selling the property to another person later on. An extrajudicial settlement is a simple fix when the property owner dies.

How does extrajudicial settlement of estate work?

The settlement involves drafting a contract, which specifies how a deceased owner's properties will be divided among individuals considered as heirs. The properties indicated in the contract are referred to as estate. It is called extrajudicial or out of court settlement because the heirs no longer go to trial to divide the properties, which the deceased property owner left.

The requirement for the process

1. Absolute absence of a will;
2. Proof that the decendent's estate has no existing debts;
3. A legal representative or judicial for heirs who are minors;
4. Affidavit of self adjudication;
5. Deed of extrajudicial settlement of estate and adjudication of estate
6. A bond from a reputable company.

"Summary Settlement of Estate

Section 1.    Extrajudicial settlement by agreement between heirs. — If the decedent left no will and no debts and the heirs are all of age, or the minors are represented by their judicial or legal representatives duly authorized for the purpose, the parties may without securing letters of administration, divide the estate among themselves as they see fit by means of a public instrument filed in the office of the register of deeds, and should they disagree, they may do so in an ordinary action of partition. If there is only one heir, he may adjudicate to himself the entire estate by means of an affidavit filled in the office of the register of deeds. The parties to an extrajudicial settlement, whether by public instrument or by stipulation in a pending action for partition, or the sole heir who adjudicates the entire estate to himself by means of an affidavit shall file, simultaneously with and as a condition precedent to the filing of the public instrument, or stipulation in the action for partition, or of the affidavit in the office of the register of deeds, a bond with the said register of deeds, in an amount equivalent to the value of the personal property involved as certified to under oath by the parties concerned and conditioned upon the payment of any just claim that may be filed under section 4 of this rule. It shall be presumed that the decedent left no debts if no creditor files a petition for letters of administration within two (2) years after the death of the decedent.

The fact of the extrajudicial settlement or administration shall be published in a newspaper of general circulation in the manner provided in the nest succeeding section; but no extrajudicial settlement shall be binding upon any person who has not participated therein or had no notice thereof.

Section 2.    Summary settlement of estate of small value. — Whenever the gross value of the estate of a deceased person, whether he died testate or intestate, does not exceed ten thousand pesos, and that fact is made to appear to the Court of First Instance having jurisdiction of the estate by the petition of an interested person and upon hearing, which shall be held not less than one (1) month nor more than three (3) months from the date of the last publication of a notice which shall be published once a week for three (3) consecutive weeks in a newspaper of general circulation in the province, and after such other notice to interest persons as the court may direct, the court may proceed summarily, without the appointment of an executor or administrator, and without delay, to grant, if proper, allowance of the will, if any there be, to determine who are the persons legally entitled to participate in the estate, and to apportion and divide it among them after the payment of such debts of the estate as the court shall then find to be due; and such persons, in their own right, if they are of lawful age and legal capacity, or by their

guardians or trustees legally appointed and qualified, if otherwise, shall thereupon be entitled to receive and enter into the possession of the portions of the estate so awarded to them respectively. The court shall make such order as may be just respecting the costs of the proceedings, and all orders and judgments made or rendered in the course thereof shall be recorded in the office of the clerk, and the order of partition or award, if it involves real estate, shall be recorded in the proper register's office.

Section 3.    Bond to be filed by distributees. — The court, before allowing a partition in accordance with the provisions of the preceding section, my require the distributees, if property other than real is to be distributed, to file a bond in an amount to be fixed by court, conditioned for the payment of any just claim which may be filed under the next succeeding section.

Section 4.    Liability of distributees and estate. — If it shall appear at any time within two (2) years after the settlement and distribution of an estate in accordance with the provisions of either of the first two sections of this rule, that an heir or other person has been unduly deprived of his lawful participation in the estate, such heir or such other person may compel the settlement of the estate in the courts in the manner hereinafter provided for the purpose of satisfying such lawful participation. And if within the same time of two (2) years, it shall appear that there are debts outstanding against the estate which have not been paid, or that an heir or other person has been unduly deprived of his lawful participation payable in money, the court having jurisdiction of the estate may, by order for that purpose, after hearing, settle the amount of such debts or lawful participation and order how much and in what manner each distributee shall contribute in the payment thereof, and may issue execution, if circumstances require, against the bond provided in the preceding section or against the real estate belonging to the deceased, or both. Such bond and such real estate shall remain charged with a liability to creditors, heirs, or other persons for the full period of two (2) years after such distribution, notwithstanding any transfers of real estate that may have been made.

Section 5.    Period for claim of minor or incapacitated person. — If on the date of the expiration of the period of two (2) years prescribed in the preceding section the person authorized to file a claim is a minor or mentally incapacitated, or is in prison or outside the Philippines, he may present his claim within one (1) year after such disability is removed."

When it comes to legal matters, the cost involved in the legal processes such as filing a petition, securing the certified copies of any record, filing a motion etc., is indeed worth knowing. Aside from seeking legal advice, individuals who want to pursue a case are also curious about the cost that the legal process may entail. Here's a rundown of the legal fees based on Rule 141 of the Rules of Court:

Legal Fees

"SEC. 4. Clerks of the Court of Appeals and of the Supreme Court.-

............ (a) For filing an action, proceeding, appeal by notice or record on appeal when required, entering appearance of the parties, entering orders of the court, filing and docketing all motions, docketing of case on all proper dockets, and indexing the same, entering, recording and certification of judgment and remanding of records to the lower court, taxing they costs, administering all necessary oaths or affirmations in the action or proceeding, recording the opinion of the court, and issuing all necessary process in the action or proceeding not herein otherwise provided for, each action or special proceeding, five hundred (P500.00) pesos;

............ (b) For the performance of marriage ceremony, including issuance of certificate of marriage, three hundred (P300.00) pesos;

............ (c) For furnishing transcripts of the record or copies of any record, judgment, or entry of which any person is entitled to demand and receive a copy, for each page, four (P4.00) pesos;

............ (d) For each certificate not on process, thirty (P30.00) pesos;

............ (e) For every search for anything above a year's standing and reading the same, fifteen (P15.00) pesos;

............ (f) For a commission on all money coming into his hands by these rules or order of the court and caring for the same, two and one-half (2.5%) percent on all sums not exceeding four thousand (P4,000.00) pesos and one and one-half (1.5%) percent upon all sums in excess of four thousand (P4,000.00) pesos, and one (1%) per cent on all sums in excess of forty thousand (P40,000.00) pesos. (4a)

............SEC. 5. Fees to be paid by the advancing party. -- The fees of the clerk of the Court of Appeals or of the Supreme Court shall be paid him at the time of the entry of the action or proceeding in the court by the party who enters the same by appeal, or otherwise, and the clerk shall in all cases give a receipt for the same and shall enter the amount received upon his book, specifying the date when received, person from whom received, name of action in which received, and amount received. If the fees are not paid, the court may refuse to proceed with the action until they are paid and may dismiss the appeal or the action or proceeding. (3a)

............SEC.6. Fees of bar candidates.-

............ (a)............For filing the application for admission to the bar, whether admitted to the examination or not, one thousand and seven hundred fifty (P1,750.00) pesos for new applicants, and for repeaters, plus the additional amount of two hundred (P200.00) pesos multiplied by the number of times the applicant has failed in the bar examinations;

............ (b)......For admission to the bar, including oath taking, signing of the roll of attorneys, the issuance of diploma of admission to the Philippine Bar, one thousand and seven hundred fifty (P1,750.00) pesos;

............ (c)............Other Bar Fees.- For the issuance of:

1. ......Certification of admission to the Philippine Bar
   
P50.00

2. ......Certificate of good standing (local)
   
50.00

3. ......Certificate of good standing (foreign)
   
100.00

4. ......Verification of membership in the bar
   
50.00

5. ......Certificate of grades in the bar examinations
   
50.00

6. ......Other certification of records at the Bar Office, per page
   
15.00

7. ......A duplicate diploma of admission to the Philippine Bar
   
500.00

............For services in connection with the return of examination notebooks to examinees, a fee of thirty (P30.00) pesos shall also be charged. (6a)

............SEC.7. Clerks of Regional Trial Courts.-

............ (a) For filing an action or a permissive counterclaim or money claim against an estate not based on judgment, or for filing with leave of court a third-party, fourth-party, etc. complaint, or a complaint in intervention, and for all clerical services in the same, if the total sum claimed, exclusive of interest, or the stated value of the property in litigation, is:

1.......Less than P100,000.00
   
P 500.00

2.......P100,000.00 or more but less than P150,000.00
   
...800.00

3.......P150,000.00 or more but less than P200,000.00
   
1,000.00

4.......P200,000.00 or more but less than P250,000.00
   

1,500.00

5.......P250,000.00 or more but less than P300,000.00
   

1,750.00

6.......P300,000.00 or more but less than P350,000.00
   
2,000.00

7.......P350,000.00 or more but not more than P400,000.00
   
2,250.00

8.......For each P1,000.00 in.excess of P400,000.00
   
....10.00

............ (b) For filing:

1. ......Actions where the value of the subject matter cannot be estimated
   
..P600.00

2. ......Special civil actions except judicial foreclosure of mortgage which shall be governed by paragraph (a) above
   
....600.00

3. ......All other actions not involving property
   
600.00

............In a real action, the assessed value of the property, or if there is none, the estimated value thereof shall be alleged by the claimant and shall be the basis in computing the fees.

............ (c) For filing requests for extrajudicial foreclosure of real estate or chattel mortgage, if the amount of the indebtedness, or the mortgagee's claim is:

1. ......Less than P50,000.00
   
.....P275.00

2. ......P50,000.00 or more but less than P100,000.00
   
..400.00

3. ......P100,000.00 or more but less than P150,000.00
   
..500.00

4. ......P150,000.00 or more but less than P200,000.00
   
...650.00

5. ......P200,000.00 or more but less than P250,000.00
   
1,000.00

6. ......P250,000.00 or more but less than P300,000.00
   
1,250.00

7. ......P300,000.00 or more but less than P400,000.00
   
1,500.00

8. ......P400,000.00 or more but less than P500,000.00
   
1,750.00

9. ......P500,000.00 or more but not more than P1,000,000.00
   
....2,000.00

10. ......For each P1,000.00 in excess of P1,000,000.00
   
10.00

............ (d) For initiating proceedings for the allowance of wills, granting letters of administration, appointment of guardians, trustees, and other special proceedings, the fees payable shall be collected in accordance with the value of the property involved in the proceedings, which must be stated in the application or petition, as follows:

1. ......More than P100,000.00 but less than P150,000.00
   
P2,000.00

2. ......P150,000.00 or more but less than P200,000.00
   
2,250.00

3. ......P200,000.00 or more but less than P250,000.00
   
2,500.00

4. ......P250,000.00 or more but less than P300,000.00
   
2,750.00

5. ......P300,000.00 or more but less than P350,000.00
   
3,000.00

6. ......P350,000.00 or more but not more than P400,000.00
   
............3,250.00

7. ......For each P1,000.00 in excess of P400,000.00
   
10.00

............If the value of the estate as definitely appraised by the court is more than the value declared in the application, the difference of fee shall be paid: provided that a certificate from the clerk of court that the proper fees have been paid shall be required prior to the closure of the proceedings.

............ (e) For filing petitions for naturalization or other modes of acquisition of citizenship, two thousand (P2,000.00) pesos;

............ (f) For filing petitions for adoption, support, annulment of marriage, legal separation and other actions or proceedings under the Family Code, two hundred (P200.00) pesos;

............If the proceedings involve separation of property, an additional fee corresponding to the value of the property involved shall be collected, computed in accordance with the rates for special proceedings.

............ (g) For all other special proceedings not concerning property, two hundred (P200.00) pesos;

............ (h) For the performance of marriage ceremony including issuance of certificate of marriage, three hundred (P300.00) pesos;

............ (i) For filing an application for commission as notary public, five hundred (P500.00) pesos;

............ (j) For certified copies of any paper, record, decree, judgment or entry thereof for each page, four (P4.00) and fifteen (P15.00) pesos for certification;

............ (k) For a commission on all money coming into the clerks' hands by law, rule, order or writ of court and caring for the same, one and one-half (1.5 %) per centum on all sums not exceeding forty thousand (P40,000.00) pesos, and one (1%) per centum on all sums in excess of forty thousand (P40,000) pesos.

............ (l) For any other services as clerk not provided in this section, one hundred and fifty (P150.00) pesos shall be collected. (7a)"

One question that surely lingers in one's mind when talking about illegitimate children is the use of the father's surname even when parents are not married. The good news is, the mother of the child need not be married to the father for the child to bear the father's surname. However, the child will only be allowed to use it if the child's paternity has been recognised.

Here are the requirements you need to prepare:

1. Valid identification for both parents;
2. Affidavit to Use the Surname of the Father (AUSF);
3. Certified True Copy of the Certificate of Live Birth of the child;
4. Affidavit of Admission of Paternity or the Affidavit of Acknowledgment

Additional details of the process are outlined in Republic Act No. 9255

"Rule 3.   Who may file

Under these rules, the father, mother, child if of age, or the guardian, may file the public document or Affidavit to Use the Surname of the Father (AUSF) in order for the child to use the surname of the father.
 
Rule 4.   Where to file
 
4.1.     The public document or AUSF executed within the Philippines shall be filed at the Local Civil Registry Office (LCRO) where the child was born, if the birth occurred within the Philippines.
 
4.2.     The public document or AUSF executed outside the Philippines shall be filed at the LCRO of Manila, if the birth occurred within the Philippines.
 
4.3.     The public document or AUSF whether executed within or outside the Philippines shall be filed at the LCRO of Manila, if the birth occurred outside the Philippines.
 
Rule 5.   What to file

The following shall be filed at the LCRO:
 
5.1.     Certificate of Live Birth with accomplished Affidavit of Acknowledgement/ Admission of Paternity at the back
 
5.2.     Public document
 
5.3.     AUSF, including all supporting documents
 
Rule 6.   When to register

The public document not made on the record of birth, or the AUSF shall be registered within twenty (20) days from the date of execution at the place where the birth was registered. Otherwise the procedures of late registration shall be applied.
 
Rule 7.   Requirements for the Child to Use the Surname of the Father
 
7.1        For Births Not Yet Registered
 
      7.1.1   The illegitimate child shall use the surname of the father if a public document is executed
           by the father, either at the back of the Certificate of Live Birth or in a separate document.
 
      7.1.2   If admission of paternity is made through a private handwritten instrument, the child shall
           use the surname of the father, provided the registration is supported by the following
           documents:
 
                 a.   AUSF
                 b.   Consent of the child, if 18 years old and over at the time of the filing of the document
                 c.   Any two of the following documents showing clearly the paternity between the father
                 and the child:
 
                       1)   Employment records
                       2)   SSS/GSIS records
                       3)   Insurance
                       4)   Certification of membership in any organization
                       5)   Statement of Assets and Liabilities
                       6)   Income Tax Return (ITR)
 
7.2        For Births Previously Registered under the Surname of the Mother
 
      7.2.1   If filiation has been expressly recognized by the father, the child shall use the surname
          of the father upon the submission of the accomplished AUSF.
 
      7.2.2   If filiation has not been expressly recognized by the father, the child shall use the
          surname of father upon submission of a public document or a private handwritten
          instrument supported by the documents listed in Rule 7.1.2.
 
7.3        Except in Item 7.2.1, the consent of the illegitimate child is required if he/she has reached the age of majority. The consent may be contained in a separate instrument duly notarized."

History has already proven the existence of capital punishment. People have mixed reactions and opinions regarding death penalty. Some consider death penalty to be a way to curb crimes while others are sceptical with the idea especially as the fact remains that the law still appears toothless. During the pre-Spanish era, Filipinos have already practiced the death penalty. However, it was only an infrequent practice limited to flogging, fines and slavery. The most common form of death sentence at the time was hanging and decapitation. Prior to abolishing death penalty, the Philippines had the world’s largest death row population.

Although the Pangilinan Law puts an exemption to minors who commit crimes with impunity, there was a time when the country could legally execute a minor. This is due to the belief that minors were considered adults at the time. The minor offender who earned death sentence was Marcial “Baby” Ama who was only 16 years old when he was sentenced to death via electric chair. The legal ages for men and women at the time were 16 and 14 respectively.

The death penalty was abolished during former President Corazon Aquino’s administration and restored in 1993 during the Ramos administration. Under Republic Act No. 7659, there are 46 crimes considered to be punishable by death. The death sentence would be carried out through lethal injection. In 1998, Leo Echegaray was executed for raping his step daughter. The execution was followed by six executions for heinous crimes. Death penalty was abolished by the Arroyo administration in 2001.

Death penalty was on hiatus for more than two decades and presumptive President Rodrigo Duterte considers re-imposing it. The restoration of death penalty has sparked endless debates especially when it comes to improving judicial system.

"Art. 81. When and how the death penalty is to be executed. -  The death sentence shall be executed with preference to any other and shall consist in putting the person under sentence to death by electrocution.  The death sentence shall be executed under the authority of the Director of Prisons, endeavoring so far as possible to mitigate the sufferings of the person under the sentence during electrocution as well as during the proceedings prior to the execution.

 "If the person under sentence so desires, he shall be anaesthesized at the moment of the execution.

"As soon as facilities are provided by the Bureau of Prisons, the method of carrying out the sentence shall be changed to gas poisoning.

"The death sentence shall be carried out not later than one (1) year after the judgment has become final."

Sec. 25. Article 83 of the same Code is hereby amended to read as follows:

"Art. 83. Suspension of the execution of the death sentence. -  The death sentence shall not be inflicted upon a woman while she is pregnant or within one (1) year after delivery, nor upon any person over seventy years of age.  In this last case, the death sentence shall be commuted to the penalty of reclusion perpetua with the accessory penalties provided in Article 40.

 "In all cases where the death sentence has become final, the records of the case shall be forwarded immediately by the Supreme Court to the Office of the President for possible exercise of the pardoning power."

Sec. 26. All laws, presidential decrees and issuances, executive orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Sec. 27. If, for any reason or reasons, any part of the provision of this Act shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

People enter into an agreement for various reasons such as buying, selling or rendering services. Contracts contain relevant agreements which both parties should perform. However, there are instances when one of the contracting parties ends up dealing with legal disputes because of one essential element that has been taken for granted: notarization.  Does notarization bear any weight on the contract? While merely signing a contract binds a person into an agreement, a contract that bears the signature of contracting parties may not suffice in spite the presence of consent elements. 

The importance of notarization

Notarization has a legal impact on the contract as it converts a private document to a public instrument. Agreements on the contract are enforceable once the document is notarized because it is a strong proof of the document’s authenticity. However, basic requirements must also be observed in notarizing documents. The document is also rendered admissible in court as tangible evidence once it is notarized. Notarization also prevents fraud among legal documents and contracts. The documents that often require notarization are Power of Attorney, medical documents, sworn statements, affidavits, deeds, wills and trusts.

It is stated under Section 1 of Public Act No. 2103, known as the Notarial Law that, ““An instrument or document shall be considered authentic if the acknowledgment is made before a notary public or an officer duly authorized by law of the country to take acknowledgments of instruments or documents in the place where the act is done. The notary public or the officer taking the acknowledgment shall certify that the person acknowledging the instrument or document is known to him and that he is the same person who executed it, and acknowledged that the same is his free act and deed. The certificate shall be made under his official seal, if he is by law required to keep a seal, and if not, his certificate shall so state.”

The process

1.    The unsigned document must be brought to the notary public. It is important to note that the document must not be signed in advance as the notary public will not entertain signed documents without their presence. Proper identification must be secured to ensure that notary public can verify your identity.  Proofs of identity include TIN, NBI Clearance and SSS ID.

2.    Upon verifying your identity, the notary public will also check your documents. There are instances when notary publics prepare document for you to sign. This step is usually required in the case of affidavits.

3.    Once identification and document are clear, you will be asked to sign the document. You will also be observed if you are signing under duress or if another person is forcing you to sign the document against your will.

4.    You should also have one credible witness who is personally known to either the individual signing the document or the notary public.

5.    The transaction will be recorded on the notary’s journal. The record will show the date, place and other essential details of the transaction.

6.    If the requirements and process have been fulfilled, the notary will stamp the document with an official public seal or stamp to prove that your document is notarized. The payment for notarization will vary from location to location.

Whether you are selling your home or purchasing a new one, it pays to transact with a licensed real estate broker for a smoother transaction. It might not seem like a big deal but there are people who have their own share of horror stories due to dealing with real estate brokers who are not licensed.

A broker can either make your life easier or a living hell once transactions go wrong. Buying and selling a real property entails risks when a real estate broker is not licensed. With a professional license, a buyer or seller is protected because these real estate brokers have a license to protect. The real estate brokers who fail to abide by the law will have their license revoked. A buyer or seller can verify if a real estate broker is licensed by visiting PRC’s official website.

“Section 29. Prohibition Against the Unauthorized Practice of Real Estate Service. - No person shall practice or offer to practice real estate service in the Philippines or offer himself/herself as real estate service practitioner, or use the title, word, letter, figure or any sign tending to convey the impression that one is a real estate service practitioner, or advertise or indicate in any manner whatsoever that one is qualified to practice the profession, or be appointed as real property appraiser or assessor in any national government entity or local government unit, unless he/she has satisfactorily passed the licensure examination given by the Board, except as otherwise provided in this Act, a holder of a valid certificate of registration, and professional identification card or a valid special/temporary permit duly issued to him/her by the Board and the Commission, and in the case of real estate brokers and private appraisers, they have paid the required bond as hereto provided.

Section 30. Positions in Government Requiring the Services of Registered and Licensed Real Estate Service Practitioners. - Within three (3) years from the effectivity of this Act, all existing and new positions in the national and local governments, whether career, permanent, temporary or contractual, and primarily requiring the services of any real estate service practitioner, shall be filled only by registered and licensed real estate service practitioners.
All incumbent assessors holding permanent appointments shall continue to perform their functions without need for re appointment and without diminution of status, rank and salary grade, and shall enjoy security of tenure. However, they may not be promoted to a higher position until they meet the qualification requirements of that higher position as herein prescribed. Nothing in this Act shall be construed to reduce any benefit, interest, or right enjoyed by the incumbents at the time of the enactment of this Act. The appointing authority shall exercise his power to appoint the assessor in accordance with the provisions of this Act only when a vacancy occurs.”

Annulment is the only option available to married couple in the Philippines. When filing for a petition to nullify marriage, the grounds for annulment must be taken into consideration. One of the grounds used for nullity of marriage is psychological incapacity. According to Article 36 of the Family Code of the Philippines, “A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with his obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.”

How can a person identify if his or her spouse does not have an ability to assume basic marital obligations?

“(a)   A true inability to commit oneself to the essentials of marriage;

(b)   The inability must refer to the essential obligations of marriage, that is, the conjugal act, the community of life and love, the rendering of mutual help, and the procreation and education of offspring; and

(c)    The inability must be tantamount to a psychological abnormality.”

The person who files must also establish that there is indeed Psychological incapacity in his/her marriage.

“a)      The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity.

b)      The root cause of the psychological incapacity must be: (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision.

c)      The incapacity must be proven to be existing at “the time of the celebration” of the marriage.

d)      Such incapacity must be also shown to be medically or clinically permanent or incurable.

e)      Such illness must be grave enough to bring about the disability of the party to assume essential obligations of marriage.

f)       The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221, and 225 of the same Code in regard to parents and their children.

g)      Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts.

h)      The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. No decision shall be handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly stating therein his reasons for his agreement or opposition, as the case may be, to the petition.”

Although it is one of the commonly used grounds for annulment, there are still some processes that must be put in place. For instance, a husband who is not getting along with his wife cannot allege psychological incapacity as a ground for annulment. Even if there are conflicting personalities or irreconcilable differences, a spouse cannot use these as a ground for filling an annulment case against his wife. The children will also remain legitimate even if the petition for nullity of marriage has been granted.

These days, the employers and employees inclined into job-contracting are significantly increasing. However, job contracting schemes cut both ways: the negative and the positive. The positive aspects of job contracting are outlined in House Bill No. 380, but when you look at the big picture, there are some issues that job contracting needs to address. For one, contractual workers are hired by agencies and with this scheme, some workers are underpaid and not getting the benefits due to them.

Contracting and Subcontracting

As defined by Department of Labor and Employment (DOLE), contracting or subcontracting is an arrangement where an employer (referred to as the principal) enters an agreement to farm out with a subcontractor or contractor a job’s completion. There is a predetermined or definite period for the completion of a specific job. In most cases, the service or work is completed within outside the principal’s premises.

“1)  Minimum capitalization of at least P3 Million

•  fully paid up capital for corporation, partnership and cooperative;

•  net worth for single proprietorship

2) Proof of ownership or lease agreement on tools, equipment, machineries and work premises

3) Payment of P25,000.00 registration fee

4) Proof of financial capacity to pay the wages and benefits of its workers using the Net Financial Contracting Capacity (NFCC) formula in government procurement

5)  Control over the performance of the work of the employee deployed or assigned to render the contracted work or services

6)  Not engaged in labor-only contracting arrangement as provided in Section 6 Certificate of Bank Deposits

7)  Not engaged in prohibited activities enumerated in Section 7

8)  Observes the rights of the workers as provided in Section 8

9)  Observes the required contracts under Section 9

10) Not delisted from the registry of legitimate contractor/subcontractor”

Contracting or subcontracting will only be legitimate if:

“a. the contractor or subcontractor carries on a distinct and independent business and undertakes to perform the job, work or service on its own account and under its own responsibility, according to its own manner and method, and free from the control and direction of the principal in all matters connected with the performance of the work except as to the results thereof;

b. the contractor or subcontractor has substantial capital or investment;

c. The agreement between the principal and the contractor or subcontractor assures the contractual employees entitlement to all occupational safety and health standards, free exercise of the right to self organization, security of tenure, and social and welfare benefits.”

The contractor’s employees are also entitled of the following:

“(a) safe and healthful working conditions;

(b) labor standards such as service incentive leave, rest days, overtime pay, holiday pay, 13th month pay, and separation pay as may be provided in the Service Agreement or under the Labor Code;

(c) retirement benefits under the SSS or
retirement plans of the contractor, if there are any;

(d) social security and welfare benefits;

(e) self-organization, collective bargaining and peaceful concerted activities; and

(f) security of tenure.”

If a worker feels that the contractor or subcontractor has violated the provisions of DO 18-A,  they can file a complaint so the contractor’s registration will be cancelled. Complaint must be filed before the DOLE Regional Office.

When death comes knocking on your door, there is nothing you can do but embrace it and accept that you have reached the final chapter of your life. For an individual who cares for the future of loved ones left behind, leaving properties upon death is a sound decision. However, these properties can become a liability if estate taxes are not properly settled. The question is: Who pays the estate tax?

Estate Tax

Estate tax refers to the difference between the allowable deductions and the gross estate as defined under Section 85 and 86 of the Tax Code. The rates of estate tax are graduated and depend on the amount of net estate. The property may not be transferred to the decedent’s heirs if filing of the estate tax return has not been executed and payment of the estate tax has not been made. The problem often lies with non-payment of estate tax and this is one of the road blocks in transferring the property to the buyers’ or heirs’ names.

Estate Proceedings

When someone passes away, there are things that need to be done so you can prevent problems with transferring the property. 

1.    Within two months, the family has to file a Notice of Death with the Bureau of Internal Revenue after the date of death. When the value of the estate exceeds P20,000, this procedure will be applied. The Notice of Death should be filed by the administrator of the estate of executor. There is no specific format that should be followed for filing the notice.

2.    A Tax Identification Number (TIN) for the Estate of the deceased individual will also be required. This can be secured by filling out the BIR Form No. 1901. The TIN is essential for filing the Estate Tax Return (BIR Form No. 1801).

3.    Make sure the list of decedent’s assets and liabilities are ready. The faire market values of the properties at the time of the decedent’s death must also be obtained.

4.    Essential documents for the assets and liabilities must be prepared. Some of the supporting documents that must be secured are a certified copy of the Death Certificate, Notice of Death received by the BIR, Affidavit of Self-Adjudication etc.

5.    Once required documents are completed, the net estate and estate tax must be computed.

6.    Estate Tax Return must be filed and estate taxes should be paid.

7.    There will be a procedure for transferring the properties to the heir’s name which should be followed.

8.    The procedure for cancellation of the decedent’s TIN as outlined in Section 12 of Revenue Regulations No. 7-2012 must also be followed.

When panic attacks take precedence over presence of mind, it is hard to gather your thoughts and pull yourself together during road accidents. For sure, the steps to take if you have gotten yourself into road accidents have not crossed your mind unless you are involved. While going to driving school provides you the dos and don’ts of driving, experience is somehow the best teacher. The basic laws of driving are covered under the Republic Act 4136 or the Land Transportation and Traffic Code. The Act provides motorists with the information on provisions and traffic laws.

Section 5 of the RA 4136 tackles the processes of registration of motor vehicles. It states that “all motor vehicles and trailer of any type used or operated on or upon any highway of the Philippines must be registered with the Bureau of Land Transportation for the current year in accordance with the provisions of this Act.”

A fee of fifty pesos (P50.00) will be collected by the Bureau of Land Transportation and this fee is intended for the annotation of a mortgage and other encumbrances.

Section 55 outlines the duty of the driver in case of accident:

“SECTION 55. Duty of Driver in Case of Accident. – In the event that any accident should occur as a result of the operation of a motor vehicle upon a highway, the driver present, shall show his driver’s license, give his true name and address and also the true name and address of the owner of the motor vehicle.

No driver of a motor vehicle concerned in a vehicular accident shall leave the scene of the accident without aiding the victim, except under any of the following circumstances:

1. If he is in imminent danger of being seriously harmed by any person or persons by reason of the accident;

2. If he reports the accident to the nearest officer of the law; or

3. If he has to summon a physician or nurse to aid the victim.”

For the driver, it is important to ensure safety of people who are involved in the accident. Taking pictures of the accident is also necessary because this will serve as evidence especially if the other person denies the incident that has taken place. When taking pictures of both vehicles, the license plates and the area where the accident occurred must be included.

If it is possible, your vehicle must be moved off to the side of the road and let the investigator get all the details related to the accident. The information will be reviewed later on. If the accident involves another driver, an exchange of information must be considered. The essential details that you need to gather are name, phone number, address, policy number, insurance company, driver’s license number and license plate number. Do not forget to include the make and model of the vehicle.

After the exchange of information, contact your insurance company so you will be able to find out about the coverage of your insurance. An accident report must also be filed with the police department. A police report can speed up the process of filing for insurance claims. The report can be filed at your local police station.

Have you ever wondered why the roads in Manila and its neighbouring cities continue to be infested with reckless drivers? Aside from the stress that the heavy traffic brings, the tension arises when drivers fail to follow simple road rules and regulations. Countless incidents of road rage have ended into a bloody and deadly argument because of one reason: reckless driving. Why are these drivers granted license when they cannot even follow rules? Simple rules. Ah, it might have something to do with the way a written examination is administered.

The Land Transportation Office (LTO) plays a crucial role in ensuring that the drivers applying for a license are fit and capable of driving people to safety. Whether it is a private or public utility vehicle, it is the driver’s responsibility to provide a safe driving experience to passengers. Road accidents are not an isolated case. It has continued to plague individuals who venture into the concrete jungle of Metro Manila.

By merely looking into the process involved in applying for a driver’s license, you can easily spot where the problem lies. We know for a fact that before you can obtain a driver’s license, you need to pass the written examination, but why would you do that when you can skip the process by paying off the LTO officer in exchange for a passing mark? Upon entering LTO’s premise, you can sure sense the presence of a fixer. Now, if you do not have the luxury of time, a fixer can make your life less miserable. You hand the money, the fixer hands the answer key. Not a wise move though.

While this may not happen on a daily basis, it is a rather a familiar scene in LTO that one cannot afford to turn a blind eye on as road safety is at stake. How can LTO grant a driver’s license to a person who cannot recognize basic road signs and markings? If you plan to secure a driver’s license and take the written examination, these crooks will render your efforts useless because there are undeserving applicants who manage to get their license effortlessly.

So long as this issue is not properly addressed, the driver-licensing examination will continue to be marred by money-making schemes and its credibility will remain questionable. LTO should know that it is not just a simple cheating because as a government agency, they are held responsible for ensuring that the drivers are deserving of securing a license.  Ignorance of the law excuses no one, especially if it is feigned ignorance. How can an individual ensure road safety if being on the road feels as though you are on your final destination? If LTO continues to shrug off these concerns, they are going to build more highways to hell.

Have you already come across one law that allows a person to file charges to annoying people? This law, aside from being tongue-in-cheek, is rather ambiguous as it lacks specific definition. Unlike other laws that prohibit a person to do this and that, unjust vexation seems to send mixed signals that only bring confusion to people. It is considered a catch-all provision, because it has no specific meaning that will clearly provide laymen a deeper and better understanding of the law.

For instance, if you find your neighbour annoying and what he/she does violates this law, he will be “punished by arresto menor or a fine ranging from 5 pesos to 200 pesos, or both.” There are various cases in which this ambiguous law has been applied, but its lack of specific definition will make one wonder whether they are already crossing the lines or not. For instance, a person can be convicted of unjust vexation for simply interrupting or disturbing a ceremony of a religious character.

This law can be found in Article 287 of the Revised Penal Code:

" Art. 287. Light coercions. — Any person who, by means of violence, shall seize anything belonging to his debtor for the purpose of applying the same to the payment of the debt, shall suffer the penalty of arresto mayor in its minimum period and a fine equivalent to the value of the thing, but in no case less than 75 pesos.

Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging from 5 pesos to 200 pesos, or both."