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Attorneys of the Philippines Legal News

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

Justice Flerida Ruth P. Romero On The Trends In Family Law [Video]

The family law in the Philippines has significantly changed over the years. While marriage's definition was used to be a simple union between a man and a woman, it is considered a special contract at present. A contract that prevents either parties from changing partners at the same rate they change their clothes. Revisions and additions on the family code are inevitable especially in this modern day and age when same sex marriage has also stirred a web of controversy. Perhaps, the family law in the country has once lain dormant and only awakened by the prevalence of domestic abuse, infidelity, etc. The video provides an overview of the recent changes and trends in family law. The changes benefit both traditional and modern families. They provide more options to couples who wish to seek legal assistance or advice. Are you also aware of the changes and trends in family law? How do you feel about them? Let us know your thoughts.

A Basic Understanding Of Philippine Law On Libel

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

Libel In A Nutshell 

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

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

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

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

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

The four elements of libel:

• The imputation must be malicious;

• The imputation must be defamatory;

• The imputation must be made publicly;

• The offended party must be identifiable. 

Retraction And The Action For Libel

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

When Do Aliases Violate The Law?

Pseudonyms or also referred to as aliases can be a form of violation of Philippine law when a person uses it with malicious intent such as intentionally concealing your true name. Many officials have been indicted for various criminal charges and when brought to court, these aliases serve as a ticking time bomb. While the accused party is subject to a series of scrutiny, examining evidences as though prosecutors are peering at a specimen under a microscope, makes aliases visible to their keen eyes.

Bank accounts that have been kept in the dark, safe from the eyes of the Philippine justice are discovered in the process of presenting relevant evidences which can either acquit or convict a defendant in a criminal court. When do aliases become a clear violation of the law? According to Anti-Money Laundering Act (AMLA), which took effect in 2001, the use of fictitious bank accounts have been banned by Bangko Central's Circular No. 251.The Circular does not allow banks to open accounts using a fictitious name. Aside from opening a bank account using a different name, there are other instances that violate the Commonwealth Act No. 142 and other relevant laws on using aliases. 

The Commonwealth Act No. 142 (An Act To Regulate The Use Of Aliases), prohibits the use of aliases except for the following conditions:

  • The alias is used for literary, cinema, television or other entertainment purposes;
  • The alias is used solely for those purposes;
  • The use of alias is based on normally accepted practice.

For instance, if an actor uses an alias or pseudonym for cinema, he is not allowed to use the screen name for other purposes. If the actor is going to run for public office, the use of screen name is prohibited unless a competent court approves it. 

The law's main objective is to put a lid on Chinese's common practice of using aliases, which brings confusion especially in the business field. However, the use of alias is allowed when the name has been recorded in civil register and authorized by proper judicial proceedings. 

Under C.A. 142, the use of fictitious or different name that belongs to another person in a single instance  without consent or authorization will not be automatically penalized. 

Some of the relevant laws on aliases are the Civil Code of the Philippines (RA No. 386), the Tax Reform Act of 1997, Presidential Decree No. 1829, the Philippine Immigration Act of 1940, the Revised Penal Code (Act of 3815) and the Anti-Money Laundering Act of 2002. 

The law on the use of alias has a broad scope and the factors that deemed as a normally accepted practiced may not fall within the law's prohibition. 

How To Choose A Criminal Defense Lawyer?

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

1. Choose a lawyer with years of experience. 

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

2. Get some references in different ways.

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

3. Ask some questions. 

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

4. Verify the information provided by the prospective lawyer.

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

5. Read feedback and reviews. 

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

Tips For Legally Doing Business In The Philippines

Entrepreneurs who want to legally do business in the Philippines should start with exploring some viable options. A businessman just cannot jump into a business without familiarizing its technicalities. There are some things you need to take into consideration before you can operate your business. 

You need to start with knowing the types of business ownership under the Philippine law: 

1. Corporation 

This type of business structure has five owners or more and they are referred to as shareholders. There are two types of corporation: stock corporation and non-stock corporation. With stock corporation, the capital is divided into shares and distributed to the investors. In turn, investors receive allotments and dividends, which will be based on the numbers of shares they have within the corporation. 

A non-stock corporation is intended for public purposes and issuing shares of stock is already out of the picture. This corporation’s purpose is usually cultural, educational and charitable. 

2. Partnership 

There are two or more individuals involved in this type of business structure. This is why they are called partners according to the Civil Code of the Philippines. The partnership can either be a general partnership or a limited partnership. Partners in a general partnership only have a limited liability for the financial obligations while a limited partnership requires one person to have unlimited liability while the rest have liabilities based on their capital contribution amount. 

3. Sole Proprietorship

As the name implies, this business structure is fully controlled and owned by an individual, which will also enjoy the profits and handle the liabilities of the business. For a sole proprietorship to be in effect, the owner must apply for a business name. It is also the proprietor’s obligation to register with the Department of Trade and Industry (DTI). 

Important Things To Consider For The Business To Run Smoothly: 

Your business cannot be considered legal without registering it with the Bureau of Internal Revenue. Make sure you register your business to the Revenue District Office (RDO) where your business is located. You will also need to secure a Certificate of Registration (COR) and Authority to Print (ATP) for your official receipts to be printed. You should also keep in mind that only printers accredited by BIR will be acknowledged. The official receipts should show that it is BIR accredited. Even books of account must bear BIR stamp. 

Aside from BIR, you should also register your business and employees with the Social Security System (SSS), Home Development Mutual Fund (Pag-ibig) and Philippine Health Insurance (Philhealth). These government entities will also require you to submit reports. It is imperative that you register newly-hired employees with these government agencies as well. 



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