It has been a yearly tradition for most Pinoys to celebrate New Year using firecrackers and other pyrotechnic devices. The celebration is not enough without the presence of firecrackers. Unfortunately, there are people who do not know their limitations in spite of repetitive reminders on televisions and radios on the responsible use of firecrackers. While firecrackers are only dangerous if in the wrong hands, there are still people who prefer prohibited firecrackers over safer ones, unperturbed to the fact that they could hurt another person due to their irresponsible use.

The Section 2 of Republic Act No. 7183 or An Act Regulating the Sale, Manufacture, Distribution and Use of Firecrackers and Other Pyrotechnic Devices outlines the types of firecrackers and other pyrotechnic devices that are prohibited:

Sec. 2. Types of Firecrackers and Pyrotechnic Devices Allowed in this Act. — The following common types of firecrackers and pyrotechnic devices may be manufactured, sold, distributed and used:

 A. Firecrackers:

(1) Baby rocket — A firecracker with a stick so constructed that lighting of the wick will propel the whole thing to lift a few meters before  exploding. The firecracker is about 1 ½ inches in length by 3/8 inch in diameter while the stick is about a foot in length; 

(2) Bawang — A firecracker larger than a triangulo with 1/3 teaspoon of powder packed in cardboard tied around with abaca strings and wrapped in shape of garlic;

(3) Small triangulo — A firecracker shaped like a triangle with powder content less than the bawang and usually wrapped in brown paper measuring ¾ inch length in its longest side;

(4) Pulling of strings — A firecracker consisting of a small tube about an inch in length and less than ¼ of an inch in diameter with strings on each end. Pulling both strings will cause the firecracker to explode;

(5) Paper caps — Minute amount of black powder spread in either small strips of paper on a small sheet used for children's toy guns;

(6) El diablo — Firecrackers tubular in shape about 1 ¼ inches in length and less than ¼ inch in diameter with a wick; also known as labintador;

(7) Watusi — Usually reddish in color about 1 ½ inches in length and 1/10 inch in width usually ignited by friction to produce a dancing movement and a crackling sound;

(8) Judah's belt — A string of firecrackers consisting of either diablos or small triangulos that can number up to a hundred or thereabout and culminating in large firecracker usually a bawang;

(9) Sky rocket (kwitis) — A large version of a baby rocket designed to be propelled to a height of forty (40) to fifty (50) feet before exploding;

(10) Other types equivalent to the foregoing in explosive content.

B. Pyrotechnic Devices:

(1) Sparklers — Pyrotechnic devices usually made of black powder on a piece of wire or inside a paper tube designed to light up and glow after igniting;
    
(2) Luces — Any of several kinds of sparklers;

(3) Fountain — A kind of sparkler conical in shape which is lighted on the ground and designed to provide various rising colors and intermittent lights upon being ignited;

(4) Jumbo regular and special — A kind of sparkler similar to a "fountain" but bigger in size;

(5) Mabuhay — Sparklers bunched into a bundle of a dozen pieces;

(6) Roman candle — A sparkler similar to a "fountain" but shaped like a big candle;

(7) Trompillo — A pyrotechnic device usually fastened at the center and designed to spin first clockwise and then counter-clockwise and provides various colored lights upon being ignited;

(8) Airwolf — A kind of sky rocket shaped like an airplane with a propeller to rise about forty (40) or fifty (50) feet and provide various kinds of light while aloft;

(9) Whistle device — Any of the various kinds of firecrackers or pyrotechnic designed to either simply emit a whistle-like sound or explode afterwards upon being ignited;

(10) Butterfly — Butterfly-shaped pyrotechnic device designed to lift above ground while providing light;

(11) All kinds of pyrotechnic devices (pailaw); and

(12) Other types equivalent to the foregoing devices.

Comelec has implemented “No Bio, No Boto” policy in order to ensure that each and every voter has completed a verification process in line with the Comelec’s efforts to reduce if not totally eradicate flying voters and other issues involved in voter registration. The Supreme Court junks petition vs No Bio, No Boto policy filed by leftist group leaders on November 25. Due to the petition, the court was prompted to issue a temporary restraining order, deterring Comelec from implementing the policy. The reason for junking the petition is that the policy is based on a law. The poll body also took time needed for preparation for the 2016 elections into great consideration.

The biometrics required by Comelec is based on Republic Act 10367:

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Declaration of Policy. – It is the policy of the State to establish a clean, complete, permanent and updated list of voters through the adoption of biometric technology.

Section 2. Definition of Terms. – As used in this Act:

(a) Commission refers to the Commission on Elections (COMELEC).

(b) Biometrics refers to the quantitative analysis that provides a positive identification of an individual such as voice, photograph, fingerprint, signature, iris and/or such other identifiable features.

(c) Data Capture Machine (DCM) is the device which captures the biometrics of an individual.

(d) Validation is the process of taking the biometrics of registered voters whose biometrics have not yet been captured.

(e) Deactivation refers to the removal of the registration record of the registered voter from the corresponding precinct book of voters for failure to comply with the validation process as required by this Act.

(f) Reactivation refers to the reinstatement of a deactivated voter.

Section 3. Who Shall Submit for Validation. – Registered voters whose biometrics have not been captured shall submit themselves for validation.

Section 4. Who Shall Conduct the Validation. – The City or Municipal Election Officer shall conduct the validation.

Section 5. Commencement of Validation. – The Commission shall conduct validation beginning July 1, 2013, consistent with the continuing registration under Republic Act No. 8189.

Section 6. Publication and Notice Requirement. – The Commission shall cause the publication of the commencement of the validation in two (2) newspapers of general circulation. The City or Municipal Election Officer shall serve individual written notices by registered mail with return card to the voters concerned at their latest address in the voter’s registration record and post the list of the voters concerned in the city or municipal bulletin board and in the local COMELEC office.

Section 7. Deactivation. – Voters who fail to submit for validation on or before the last day of filing of application for registration for purposes of the May 2016 elections shall be deactivated pursuant to this Act.

Section 8. Reactivation. – Those deactivated under the preceding section may apply for reactivation after the May 2016 elections following the procedure provided in Section 28 of Republic Act No. 8189.

Section 9. Database Security. – The database generated by biometric registration shall be secured by the Commission and shall not be used, under any circumstance, for any purpose other than for electoral exercises.

Section 10. Mandatory Biometrics Registration. – The Commission shall implement a mandatory biometrics registration system for new voters.

Section 11. Prohibited Acts. – The following shall be election offenses punishable under Sections 263 and 264 of Batas Pambansa Bilang 881, as amended, otherwise known as the "Omnibus Election Code":

(a) Any person who shall prohibit, impede, obstruct or prevent a registered voter or a new voter from submitting his or her biometrics for capture through the use of force, intimidation or monetary consideration; and

(b) Any public official or person who, under the guise of implementing this Act, shall unjustifiably and without due process, cause the deactivation or reactivation of any registered voter.

Are Filipinos completely aware of on-line laws and etiquette when using various social networking sites including Facebook? When cybercrime law was implemented in the Philippines, it earned the ire of netizens as it is said to deny freedom of speech.  The law is defined in the Republic Act No. 10175. Without a doubt, Facebook has been a substitute to the old-fashioned journal where you can simply write your thoughts away. In this era of mouse potatoes, you no longer keep a secret in your journal. You share your views, opinions, angst, pains or any challenges that life throws at you on Facebook. 

Yes, Facebook is your very own version of cyber counselling and it does not take long enough to earn sympathy from your “friends”.  While Facebook users consider this social networking site a great relief to stress, it can breach confidentiality once you hit post or share. It does not guarantee secrecy when you know for a fact that there is already an intrusion to your privacy. The million dollar question is: Are we completely aware of what we post on Facebook?

The thesis “The Unintelligent Facebook Users” authored by a Filipino-American graduate school student from Harvard University, Genevieve Molina shows Pinoy Facebook users’ carelessness when it comes to posting status updates, sharing videos and uploading photos. According to Molina’s research, there are 6,020,958 horrific images shared around the world on Facebook on a daily basis and 951,311 are shared by Pinoy users. 

An irresponsible and unintelligent use of Facebook and other social networking sites gets users into serious trouble. Sharing or uploading offensive photos is still part of the cybercrime law umbrella. Although it is an unusual crime, the damage can still be considered irreparable especially when photos become viral. Nela Llamas is just another perfect example that you really need to think twice when uploading videos or photos on your Facebook wall. This 19-year old Nursing Junior at Manila Doctor’s College faces criminal liability because of posting a photo of the late Pete Rogas, who was killed due to a vehicular accident at C5. The incident happened two months ago. 

The family of the victim is still seeking justice for their son and sharing the offensive photo does more harm than good. This is another reminder to Facebook users who are fond of posting offensive photos for the belief that it will alleviate the family members’ emotional pain but it only takes a turn for the worse. Llamas’ case is still on progress and can serve as another warning for Facebook users to be more careful when sharing or posting photos. 

It is going to be bad news for the commuting public as the Quezon City Regional Trial Court (RTC) orders two government agencies DOTC and LTFRB to stop accepting applications or approving applications from motor vehicles, which are considered public utility vehicles under the Transport Network Vehicle Services scheme. Uber and GrabCar are two of the companies that are greatly affected when the temporary restraining order (TRO) was issued. 

When Uber and GrabCar operated, taxi operators and drivers are affected due to the decrease in their income. The 20-day TRO intends to stop accepting, processing and approving applications of those who want to establish partnership with GrabCar and Uber. 

Transport advocate groups are not happy with the fact that Uber and GrabCar are allowed to operate without franchises. The group wishes to protect the rights of public utility vehicles with franchises. Taxi drivers also cry foul as dissatisfied and ripped off customers have suddenly preferred Uber, Grab and other ride sharing or app-based services.

These services are a huge help in terms of meeting transport demands and with the issuance of TRO, the efficiency in transportation becomes a difficult thing to achieve. The TRO does not apply to on-going operations of Uber and GrabCar. Its sole purpose is to stop various government offices from accepting applications while TRO is still being served. 

The replete definition and purpose of Temporary Restraining Order can be found in administrative Circular No. 20-95:

“[1] Where an application for Temporary Restraining Order [TRO] or writ of preliminary injunction is included in a complaint or any initiatory pleading filed with the trial court, such complaint or initiatory pleading shall be raffled only after notice to the adverse party and in the presence of such party or counsel. 

[2] The application for a TRO shall be acted upon only after all parties are heard in a summary haering conducted within twenty-four [24] hours after the records are transmitted to the branch selected by raffle. The records shall be transmitted immediately after raffle. 

[3]  If the matter is of extreme urgency, such that unless a TRO is issued, grave injustice and irreparable injury will arise, the Executive Judge shall issue the TRO efective only for seventy-two [72] hours from issuance but shall immediately summon the parties for conference and immediately raffle the case in their presence. Thereafter, before the expiry of the seventy-two [72] hours, the Presiding Judge to whom the case is assigned shall conduct a summary hearing to determine whether the TRO can be extended for another period until a hearing in the pending application for preliminary injunction can be conducted. In no case shall the total period of the TRO exceed twenty [20] days, including the original seventy-two [72] hours, for the TRO issued by the Executive Judge.

[4] With the exception of the provisions which necessarily involve multiple-sala stations, these rules shall apply to single-sala stations especially with regard to immediate notice to all parties of all applications for TRO.”

Marriage is more than just a contract as it also involves fulfilling the promise to stand by each other through thick or thin. However, there are situations which are beyond the married couples' control and one of which is death. The vows can be broken because of death. Widows have to undergo grieving process before gaining full acceptance of the loss. 

It can take years before a woman can be on the road to recovery. This is where remarrying another person comes in. Unfortunately, if a woman decides to remarry, there are still some rules to follow based on Article 351 of Republic Act 3815. 

“Any widow who shall marry within three hundred and one day from the date of the death of her husband, or before having delivered if she shall have been pregnant at the time of his death, shall be punished by arresto mayor and a fine not exceeding 500 pesos.

The same penalties shall be imposed upon any woman whose marriage shall have been annulled or dissolved, if she shall marry before her delivery or before the expiration of the period of three hundred and one day after the legal separation.”

The reason for the implementation of this law is to “prevent confusion as to the paternity and filiation of the child,” but due to the advancements in technology, paternity testing is considered unnecessary as DNA test serves as a strong proof. 

A bill that repeals premature marriages has already been approved without further amendments by the committee on woman, family, relations and gender equality. The bill is already up for plenary deliberations. According to Senator Nancy Binay, who proposed the bill, the law is considered antiquated and an instrument to discriminating women. She added that there were series of proposals that aim to amend the anti-women provision specified in the Revised Penal Code, but none of them had been enacted into law. 

This year, the Philippines hosted the Asia-Pacific Economic Cooperation (APEC) and while it aimed to foster camaraderie and unity among participating nations, it continues to torment Juan Dela Cruz as though a daily dose of traffic woes is not enough to show the worsening traffic situation in the country.  People has taken their litany of complaints to social media with hashtags #APECfail, #APECtado, #APECtraffic and you do not need a regular update of the traffic situation because the status updates you get in rapid succession are enough to describe the horrifying truth that Leaders are so desperate to hide. 

It was a week filled with pretense as the government leaders tried to put their best foot forward. It only takes a week to hide the vicious cycle and the harsh truth,  that is poverty. It continues to plague the country, but in just a matter of weeks, the homeless families were taken off the streets of Metro Manila. They were provided with a dingy shelter to roost in so the city will look “pleasing” to the eyes of foreign visitors. 

This goes to show that everyone in the government office has an active participation in the preparation for APEC meeting from November 17 to 20 and with that said, the government claimed they have not ordered flight cancellations as it was the ‘call of the airlines’. According to Quezon City Representative Winston Castelo, flight cancellations can be detrimental to the economy. Acting Metro Manila Authority head Emerson Carlos said that measures will be put in place to ensure that major roads are passable for APEC delegates. From a bird’s eye view, you can clearly see the huge difference between the roads intended for APEC delegates and the roads for the locals. 

November 18 and 19 has also been declared special non-working days and the following pay rules are observed upon issuing Labor Advisory No. 14 of 2015 by Labor and Employment Secretary Rosalinda Dimapilis-Baldoz.

“If the employee did not work:

He/she will not be paid, unless there is a favourable company policy, practice, or collective bargaining agreement (CBA) grantingpayment of wages on 17-20 November; and

When the employee has accrued leave credits, he/she may be allowed to utilize such leave so that he/she will have compensation on said days.

If the employee worked:

No additional pay is given to the employee, but only their salary on said day.”

“The following pay rules shall apply for private sector workers in NCR from 18 to 19 November 2015:

If the employee did not work, the “no-work, no-pay” principle shall apply, unless there is a favorable company policy, practice, or collective bargaining agreement (CBA) granting payment on a special day;

If the employee worked, he or she shall be paid an additional 30 percent of his or her daily rate on the first eight hours of work [(daily rate x 130 percent) + COLA];

If the employee worked in excess of 8 hours (overtime work), he or she shall be paid an additional 30 percent of his or her hourly rate on said day (hourly rate of the basic daily wage x 130 percent x 130 percent x number of hours worked);

If the employee worked during a special day that also falls on his or her rest day, he or she shall be paid an additional 50 percent of his or her daily rate on the first 8 hours of work [(daily rate x 150 percent) + COLA];

If the employee worked in excess of 8 hours (overtime work) during a special day that also falls on his or her rest day, he or she shall be paid an additional 30 percent of his or her hourly rate on said day (hourly rate of the basic daily wage x 150 percent x 130 percent x number of hours worked).”

In the Philippines some laws are undeniably out dated and further amendments need to be made. One of the laws that require amendment and expansion is the immigration law or the Commonwealth Act No. 613. The law was made and implemented in 1940 and the outdated sections of this law including Section 29-A is an indicator that necessary changes must be made. 

“Sec. 29. (a) The following classes of aliens shall be excluded from entry into the Philippines:

1. Idiots or insane persons and persons who have been insane;

2. Persons afflicted with a loathsome or dangerous contagious disease, or epilepsy:

3. Persons who have been convicted of a crime involving moral turpitude;

4. Prostitutes, or procurers, or persons coming for any immoral purposes;

5. Persons likely to become, public charge;

6. Paupers, vagrants, and beggars;

7. Persons who practice polygamy or who believe in or advocate the practice of polygamy;

8. Persons who believe in or advocate the overthrow by force and violence of the Government of the Philippines, or of constituted lawful authority, or who disbelieve in or are opposed to organized government, or who advocate the assault or assassination of public officials because of their office, or who advocate or teach principles, theories, or ideas contrary to the Constitution of the Philippines or advocate or teach the unlawful destruction of property, or who are members of or affiliated with any organization entertaining or teaching such doctrines;

9. Persons over fifteen years of age, physically capable of reading, who cannot read printed matter in ordinary use in any language selected by the alien, but this provision shall not apply to the grandfather, grandmother, father, mother, wife, husband or child of a Philippine citizen or of an alien lawfully resident in the Philippines;

10. Persons who are members of a family accompanying an excluded alien, unless in the opinion of the Commissioner of Immigration no hardship would result from their admission;

11. Persons accompanying an excluded person who is helpless from mental or physical disability or infancy, when the protection or guardianship of such accompanying person or persons is required by the excluded person, as shall be determined by the Commissioner of Immigration;

12. Children under fifteen years of age, unaccompanied by or not coming to a parent, except that any such children may be admitted in the discretion of the Commissioner of Immigration, if otherwise admissible;

13. Stowaways, except that any stowaway may be admitted in the discretion of the Commissioner of Immigration, if otherwise admissible;

14. Persons coming to perform unskilled manual labor in pursuance of a promise or offer of employment, express or implied, but this provision shall not apply to persons bearing passport visas authorized by Section Twenty of this Act;

15. Persons who have been excluded or deported from the Philippines, but this provision may be waived in the discretion of the Commissioner of Immigration: Provided, however, That the Commissioner of Immigration shall not exercise his discretion in favor of aliens excluded or deported on the ground of conviction for any crime involving moral turpitude or for any crime penalized under Sections Forty-Five and Forty-Six of this Act or on the ground of having engaged in hoarding, black-marketing or profiteering unless such aliens have previously resided in the Philippines immediately before his exclusion or deportation for a period of ten years or more or are married to native Filipino women;

16. Persons who have been removed from the Philippines at the expense of the Government of the Philippines, as indigent aliens, under the provisions of section forty-three of this Act, and who have not obtained the consent of the Board of Commissioners to apply for readmission; and

17. Persons not properly documented for admission as may be required under the provisions of this Act.”

Some of the proposed amendments of the Commonwealth Act No. 613 include the expansion of the classification of disqualified aliens and the penalties that will be imposed for aliens who have involvement in syndicated criminal activities. The purpose of the amendments is to enhance national security and ensure safety in the country. 

Lawmakers seek support so major changes can be made, making the law responsive to the current immigration concerns of the country. 

Fast food has become a staple diet for busy people especially when time is not enough for food preparation. What could be worse than sinking your teeth into your favorite food, unperturbed to the fact that it is crawling with germs? You have already consumed and digested your meal before discovering that there is an additional “ingredient”, which is, without a doubt, a recipe for disaster. A person will more likely choose to starve to death than eat contaminated food. There have been several complaints about food poisoning and unsafe food handling practices. While some complainants are already well-aware of the steps to take, others still need guidance so their complaints will not end up falling on deaf ears. 

The Republic Act No. 10611 otherwise known as the “Food Safety Act of 2013” strengthens food safety regulatory system in our country. The law provides protection to consumers so they will have access to local foods and food products that have undergone thorough and rigid inspection. 

Under Section 3 of the Republic Act, the objectives are as follows:

“(a) Protect the public from food-borne and water-borne illnesses and unsanitary, unwholesome, misbranded or adulterated foods;

(b) Enhance industry and consumer confidence in the food regulatory system; and

(c) Achieve economic growth and development by promoting fair trade practices and sound regulatory foundation for domestic and international trade.”

The food safety regulatory system combines various processes to ensure that food safety standards are met. Food safety standards refer to the formal documents, which contain the food requirements that the food processors need to comply with so human health is safeguarded. These safety standards are implemented by law and authorities. Some of the processes that are under the regulatory system include inspection, testing, data collection, monitoring and other activities, which are carried out by various food safety regulatory agencies. 

Under Section No. 37, these acts are prohibited:

(a) Produce, handle or manufacture for sale, offer for sale, distribute in commerce, or import into the Philippines any food or food product which is not in conformity with an applicable food quality or safety standard promulgated in accordance with this Act.

(b) Produce, handle or manufacture for sale, offer for sale, distribute in commerce, or import into the Philippines any food or food product which has been declared as banned food product;

(c) Refuse access to pertinent records or entry of inspection officers of the FSRA;

(d) Fail to comply with an order relating to notifications to recall unsafe products;

(e) Adulterate, misbrand, mislabel, falsely advertise any food product which misleads the consumers and carry out any other acts contrary to good manufacturing practices;

(f) Operate a food business without the appropriate authorization;

(g) Connive with food business operators or food inspectors, which will result in food safety risks to the consumers; and

(h) Violate the implementing rules and regulations of this Act

In a country where poverty is one of the biggest challenges that the government faces, you just cannot turn a blind eye on squatters, which are clear and undeniable proof that something needs to be done when it comes to finding these individuals a better place to roost in. Past and present administrations have continued to delve deeper into the root cause of the growing numbers of squatters in and around Metro Manila. 

It constantly ignites a spark of controversy and many fingers have been pointed at the present administration. In the hopes of giving equal rights to the less fortunate, Republic Act 8368 or better known as the “Anti-Squatting Law Repeal Act of 1997” repealed Presidential Decree No. 772. The Presidential Decree penalized squatting and with the repeal act, squatting is deemed a non-crime due to the fact that the squatters themselves are also victims of injustice and unequal social system. 

Under Section 2 of Presidential Decree No. 772, “Any person who, with the use of force, intimidation or threat, or taking advantage of the absence or tolerance of the landowner, succeeds in occupying or possessing the property of the latter against his will for residential commercial or any other purposes, shall be punished by an imprisonment ranging from six months to one year or a fine of not less than one thousand nor more than five thousand pesos at the discretion of the court, with subsidiary imprisonment in case of insolvency.”

Land owners may slightly have a clue which side this Republic Act is on and as a consolation the act does not exempt the so-called professional syndicates and squatters. The squatting syndicates refer to groups of people who are engaged in squatting housing business for their personal gain or profit. Professional squatters are individuals or groups who occupy the land without permission from the landowner. They are referred to as professional squatters because they have sufficient income for legitimate housing. People who have sold their housing units or homelots awarded by the government and chosen to settle illegally in the same place are also considered professional squatters. This law can be found in Republic Act 7279 or the “ Urban Development and Housing Act of 1992.” 

Under Section 16 of the Republic Act:

“Sec.  16. Eligibility Criteria for Socialized Housing Program Beneficiaries. — To qualify for the socialized housing program, a beneficiary: 

(a) Must be a Filipino citizen; 

(b) Must be an underprivileged and homeless citizen, as defined in Section 3 of this Act; 

(c) Must not own any real property whether in the urban or rural areas; and 

(d) Must not be a professional squatter or a member of squatting syndicates.”

As you rivet to the TV screen, political campaign ads seem to remind voters that a few months from now, another person will lead the country. As the 2016 national elections approach, political aspirants are also making necessary preparations. On October 12, Commission on Elections (COMELEC) welcomed candidates who wished to pursue political seats. The filing for the Certificates of Candidacy (COC), has also been a source of entertainment for the nation. 

Aside from the familiar faces in Philippine government, there are also ordinary citizens who wish to give the presidential seat a try. These presidential hopefuls have platforms that are out of the ordinary. 

Under the Constitution, an individual can only aspire for the highest seat in the government if they meet the following criteria: 

1. natural born citizen of the Philippines

2. registered voter

3. able to read and write

4. at least 40 years of age on the day of election

5. resident of the Philippines for at least 10 years immediately preceding the election.

However, not everyone who files for certificate of candidacy for presidency is considered an official candidate. After filing, all of the candidates are subject for deliberation and it is then that the official candidates will be announced. 

Under Section 69 of the Omnibus Election Code, “The Commission may motu proprio or upon a verified petition of an interested party, refuse to give due course to or cancel a certificate of candidacy if it is shown that said certificate has been filed to put the election process in mockery or disrepute or to cause confusion among the voters by the similarity of the names of the registered candidates or by other circumstances or acts which clearly demonstrate that the candidate has no bona fide intention to run for the office for which the certificate of candidacy has been filed and thus prevent a faithful determination of the true will of the electorate.”

Under Section 72, “Any candidate who has been declared by final judgment to be disqualified shall not be voted for, and the votes cast for him shall not be counted. Nevertheless, if for any reason, a candidate is not declared by final judgment before an election to be disqualified and he is voted for and receives the winning number of votes in such election, his violation of the provisions of the preceding sections shall not prevent his proclamation and assumption to office.”

According to COMELEC, an independent candidate can also be considered nuisance if they do not have the capacity to support a national campaign. While these independent candidates can be a form of entertainment considering the fact that national elections are filled with tension, stringent laws weed them out when the number of candidates filing for candidacy becomes out of control.

The Bank Secrecy Law really rings a bell and it is just a great reminder of the significant event  that ousted one of the Philippine presidents from his office in 2001. People clamored and took their turmoil to the streets of EDSA, hence EDSA 2 came to existence. The Filipino people were compared to a ticking time bomb, waiting to explode due to the refusal of the former president to open "the envelope". 

The refusal was enough to create social mayhem and endless outburst, which were appeased when the impeachment trial finally pushed through. Former President Joseph "Erap" Estrada was charged with plunder and perjury. While he was not guilty of perjury, he was found guilty of plunder and was sentenced to reclusion perpetua. Well, being an actor and protagonist that he was, there was not even the slightest element of surprise when the "plot" worked in his favor, placing him on house arrest. 

Juan dela Cruz should not wonder when a politician charged of a crime, suddenly becomes ill. When politicians are plagued with diseases after being found guilty of a crime,  you know what is going to happen next: the politician will be sent home on vacation or words to that effect. 

Under Section 2 of the Republic Act No. 1405 or An Act Of Prohibiting Disclosure Of Or Inquiry Into, Deposits With Any Banking Institution And Providing Penalty Therefor, "all deposits of whatever nature with banks or banking institutions in the Philippines including investments in bonds issued by the Government of the Philippines, its political subdivisions and its instrumentalities, are hereby considered as of an absolutely confidential nature and may not be examined, inquired or looked into by any person, government official, bureau or office, except upon written permission of depositor, or in cases of impeachment or upon order of a competent court..."

Under Section 2 of the Republic Act No. 6426 or An Act Instituting Foreign Currency Deposit System In The Philippines, And For Other Purposes, "any person, natural or juridical, may, in accordance with the provisions of this Act, deposit with such Philippine banks in good standing, as may, upon application, be designated by the Central Bank for the purpose, foreign currencies which are acceptable as part of the international reserve, except those which are required by the Central Bank..."

With this law, any politician accused of plunder or perjury stands a chance of getting out of this situation scot-free. They can simply put up a facade as though nothing happened and after which, they are back to business. 

The absence of divorce in the Philippines no longer comes as a surprise and for married couples who have already lost the spark of romance that used to ignite their way, this is bad news. Imagine the ordeal you have to go through just to file for petition for marriage annulment. Aside from the emotional difficulties you experience, the process is undoubtedly costly. 

The State mandates that “ marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.” The statement can be found in Section 2, Article XV of the 1987 Constitution of the Republic of the Philippines. 

In Section 3 of the 1987 Constitution of the Republic of the Philippines, the State shall defend:

1. The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions, which are considered preducial to their development;

2. The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood;

3. The right of the family to a family living wage and income; and 

4. The right of families or family associations to participate in the planning and implementation of policies and programs that affect them. 

In addition, the high court also requires inferior courts for a fiscal or an agent to appear from the Solicitor General’s office, representing himself as a counsel during hearings for annulment. The representative must also write whether annulment is approved or not.

To put it simply, the State will be the third party in any marriage. Everything must be done to save one’s marriage and annulment will be the couple’s last resort. Considering the tight bond of Filipino families, this law is indeed a clear indicator of how lawmakers put great importance to marriage. This is a challenge for married couples who have already decided to go on separate ways due to individual differences and other conflicts that cannot be settled through marriage counseling or other similar means. 

For Pinoys who have family members or relatives abroad, balikbayan boxes make up for the absence of the person working abroad. It takes months before the boxes can be filled with the family member’s favorite things. Without a doubt, the balikbayan boxes are a tangible sign of the Overseas Filipino Workers’ love for the family members. With the most recent announcement on the stricter rules and regulations imposed by Bureau of Customs, OFWs and their families could not help but go ballistic on the revised rules.

The BOC’s rules and regulations subject balikbayan boxes to 100% physical examination. However, not all balikbayan boxes will be placed under alert. The boxes that have been deemed to have violated the law on importing articles will be brought to the authorized area for examination or inspection. 

Under Section 105 of the Tariff and Customs Code of the Philippines (TCCP), the following items cannot be brought into the Philippines:

• Coffee

• Used clothing and rags

• Toy guns

• Onions, potatoes, cabbages, garlic

The following commodities are prohibited to be brought into the Philippines:

• Marijuana, opium or any type of synthetic drugs or narcotics;

• Roulette wheels, loaded dice, marked cards, gambling outfits, apparatus, machines or mechanical devices used in gambling;

• Opium pipes;

• Tickets for lottery and sweepstakes except those authorized by the Philippines government, advertisement thereof, and list of drawings therein;

• Dynamite, ammunition, gunpowder and other explosives such as fire-arms and weapons of war, and parts thereof, except when they are authorised by law;

• Articles, drugs, instruments, substances designed, intended or adapted for producing unlawful abortion, or any printed matter which describes or advertises or gives directly or indirectly information regarding where, how or by whom unlawful abortion produced;

• Written or printed articles in any form containing any matter advocating or inciting treason, or rebellion, insurrection, sedition or subversion against the government of the Philippines, or forcible resistance to any law of the Philippines;

• Written or printed articles, negatives or cinematographic film, photographs, engravings, lithographs, paintings, objects, drawings or other representation of an obscene or immoral character;

• All other articles or part thereof, the importation of which is prohibited by law or rules and regulation issued by competent authority.

The physical examination of balikbayan boxes are in accordance with Section 3604 of the TCCP. The revised rules and regulations are also said to put a lid on violations made by individuals who use balikbayan boxes to break the law such as bringing thousands of anti-anxiety drugs, misdeclared as food supplements into the Philippines. 

All boxes are expected to undergo mandatory x-ray and K-9 examination at no cost to the person who sent it. Once there are derogatory findings, the physical inspection of goods will be considered. 

The modern technology provides us a much easier way to rave and rant or so we thought. While turmoil and discontentment can be expressed in more ways than one, taking everything to social media may not be a good idea due to the existence of cybercrime prevention law or the Republic Act No. 10175. 

Social networking sites are now the modern avenue for expressions. Views and opinions can spread like wild fire, thanks to the ‘share’ button of an immensely popular social networking site. However, you may need to think before you click because there are corresponding penalties for people who break rules and cross lines. 

The penalties are outlined in Article 355 of the Revised Penal Code. This is quite interesting because the provision has been ruled out since the Spanish era. While critics were apprehensive about the degree of penalty, the government officials rejoiced. Need I say more?

Let’s have a look at what the Cybercrime Prevention Act of 2012 is all about.

As highlighted in Sec. 4 of the Republic Act No. 10175, the following acts are considered punishable:

a. Offenses made against the integrity, availability and confidentiality of computer systems and data:

• Data Interference: When a person deletes or damages computer data, or electronic data message, without permission including transmission or introduction of viruses, he or she is guilty of committing data interference. Reckless alteration and deterioration of computer data also fall under this category.

• Illegal Access: An unauthorized access to the whole or any part of a computer system.

• Illegal Interception: If an interception is made without right of any non-public transmission of computer data to, from, or within a computer system, a person commits illegal interception. 

• Misuse of Devices: A person violates the law if devices are sold, distributed, imported or made available without right. These devices include computer program, access code and computer password.

• System Interference: Any intentional alteration or reckless interference or hindering with the functioning of a computer network or a computer by damaging, inputting, deleting, deteriorating or altering computer program or data are considered system interference. This also includes transmission or introduction of viruses.

• Cyber-squatting: If a domain name is acquired over the internet to mislead, profit, deprive others from registering the same domain name and destroying reputation, the crime of cyber-squatting is committed. Some examples include identical or existing trademark, the name is similar or identical with a person other than the registrant and domain name acquired without permission or right. 

b. Computer-related Offenses:

• Computer-related forgery: This includes deletion, input or alteration of any computer data without permission resulting in inauthentic data with the intent of making them available for legal purposes as if it were authentic. Dishonest and fraudulent designs are also considered computer-related forgery.

• Computer-related fraud: This crime refers to the unauthorized alteration, deletion or input of computer program or data which cause interference in the functioning of a computer system  or damage.

• Computer-related identity theft: If a person intentionally acquire, transfer, use, misuse, alter, possess or delete identifying information belonging to another, whether judicial or natural without permission or right, he or she commits the crime.

c. Content-related Offenses

• Cybersex: The control, operation, maintenance or willful engagement directly or indirectly of any lascivious exhibition of sexual activity or sexual organs with the help of a computer system in exchange of consideration or favor.

• Child Pornography: The prohibited or unlawful acts, which are also punishable by RA No. 9775 or also known as the Anti-Child Pornography Act of 2009, committed with the use of a computer system.

• Unsolicited Commercial Communications: The offense refers to transmission of commercial electronic communication using a computer system, which seek to sell, advertise or offer for sale services and products without consent.

• Libel: As defined in Article 355 of the Revised Penal Code, libel can be committed through a computer system or any other similar means. 

The Cybercrime Law has a broad scope and the hopes are still high that it will soon be abolished. While this law is still at work, make sure you don’t commit any of these offenses.

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. 

With the prevalence of BPO industries, more and more people are working at night. In the past nurses, cops and doctors were the only ones who are known for working during nighttime. If you are a night worker or you know someone who is, a knowledge on the law on night workers can help you understand your rights as an employee. 

Who are considered night workers?

Any employed individual whose job requires rendering substantial number of hours of night work is considered a night worker. More often than not, the night work exceeds a specified limit, which the Secretary of Labor shall fix after the labor organizations and employers have been consulted. 

The coverage of the amendments under R.A. 10151

The amendments apply to all individuals, who are permitted or employed to work at night, except the ones who are employed in stock raising, agriculture, maritime transport, fishing and inland navigation. It should be during a period of not less than seven consecutive hours. This includes the interval from midnight until five o’clock in the morning. The coverage will also be determined by the Secretary of Labor and Employment and the labor organizations and employers must be consulted. 

Health assessment

If workers request to undergo free health assessment, the request needs to be granted. The health assessment must be given before taking a job as a night worker and it should also be performed at regular intervals. They should also undergo health assessment if they are experiencing health problems during such an assignment, which is not due to the factors involved in night work. If the employee is deemed unfit for night work, the findings will not be transmitted without the worker’s consent. Furthermore, the findings will not be used to their detriment. 

Employees Who Are Deemed Unfit For Night Work 

• Night workers who are unfit for night work due to health reasons will be transferred to a similar job practicable, which they are considered suitable to work. 

• When transfer to a similar job is not practicable, the employees will be granted the same benefits as other employees who are unable to work. 

• If the night worker has been diagnosed to be temporarily unfit for night work, they will be given protection against termination or dismissal due to health reasons. 

Women can be employed as night workers, but measures must be taken to ensure that there is an alternative to night work for women workers. Nursing mothers and pregnant women are also allowed to work if a competent physician has provided a certification that they are indeed fit to render night work. It should be certified by a physician other than the company physician. 

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. 

As 2016 election approaches, more and more political hopefuls are going the extra mile to win more votes. You can see a plethora of political ads and various campaign strategies, which are clear signs that election is just around the corner.  In the past, premature campaigning is considered a violation but based on the country’s statute books, it is no longer a violation. It was used to be a criminal offense that can result in disqualification of the candidate. 

Under Section 68 of the Election code, any candidate who in a protest or action in which he is a party is declared, based on the final decision of a competent court is considered guilty of violating any of Sections 80, 83, 85, 86 and 261. This leads to the disqualification of candidate from holding the office or running for election. If you see political ads on TV, they are not considered as a violation of the election code. 

Premature Campaigning And Its Considerations

An act will only be considered as election campaigning when it intends to promote the election or defeat of a person who has already filed a certificate for candidacy. Even if the person deemed most qualified for public office appears to be campaigning, he still does not violate any laws unless he has officially filed his COC. 

No one can be punished for prematurely campaigning under Section 80 of the Election Code if the person is not yet legally a candidate. In the past elections, the voting and counting process were still manual and a timeline must be observed for filing a COC. It should not be later than one day before the start of the campaign period. This is to ensure that the opportunity to campaign is maximized without breaking the law. 

However, when automated election was introduced by RA 8436 in 1997, the deadline for filing COCs has also changed. It should not be later than 120 days before the election. If candidates file their COCs earlier than the said deadline, they will be punished for premature campaigning especially if campaigns took place between the date of COC filing and the start of the campaign period.

With the most recent amendment, Section 11 of the law states that even if COCs are filed before the campaign period, the candidates will not be liable for violating laws on campaigning. The law takes effect on the start of the campaign period. In the simplest term, no one can be charged for premature campaigning if there are no candidates yet.