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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.

The Lawyer's Oath:Render Public Service And Serve The Ends Of Justice Part 3

Taking an oath is not just an admission to practice law. Since it is taken before the Supreme Court, lawyers are also expected to uphold principles and values expected from lawyers. An oath is not just a spoken word. It is not just something that you utter and forget the moment you step out of the Supreme Court. Once you take oath, you are tied to the duties and responsibilities of a lawyer and infringement will lead to suspension, disbarment and other disciplinary actions. The Supreme Court states that "If the practice of law is to remain an honorable profession and attain its basic ideal, those enrolled in its ranks should not only master its tenets and principles but should also, in their lives, accord continuing fidelity to them. Thus, the requirement of good moral character is of much greater import, as far as the general public is concerned, than the possession of legal learning. Lawyers are expected to abide by the tenets of morality, not only upon admission to the Bar but also throughout their legal career, in order to maintain one's good standing in that exclusive and honored fraternity. Good moral character is more than just the absence of bad character. Such character expresses itself in the will to do the unpleasant thing if it is right and the resolve not to do the pleasant thing if it is wrong. This must be so because vast interests are committed to his care; he is the recipient of unbounded trust and confidence; he deals with his client's property, reputation, his life, his all."

Here is one case of disbarment/suspension of a lawyer:

In the administrative case, complainant Delia Murillo had written a letter to the Chief Justice, date April 1, 1958, alleging that Superable employed her in his office, took advantage of her status as an employee, made love to her and even proposed marriage; that although she had informed him that she was a married woman, still he assured her that he being a lawyer with the necessary connections, they could arrange the matter and still marry each other; that he finally convinced her and because he was her employer, she finally gave herself up to him and they cohabited for some time, as a result of which cohabitation, a child was born, who was named Nicolas Superable III, but that later on, he abandoned her, for which reason she filed the charges above-mentioned.

Upon receipt of her letter, this Court ordered Superable to file his answer. In the same, he admitted having employed Delia Murillo in his office. He claims that when she applied for the job, she introduced herself as an unmarried woman and because of that information, he really made love to her and even proposed marriage, but that some time in October, 1956, a friend of his informed and warned him that she was not single but was married to one Mr. Rosario, although they were living apart; that he also found out later Delia and had been maintaining intimate relations with other men, such as a certain Ricardo Macalla, an employee of the Tacloban Electric Light and Ice Company. He flatly denied that he was the father of the child named Nicolas Superable III. In his answer Superable also voiced his suspicion that the complaint of Delia Murillo was instigated by the Tacloban ElectricLight and Ice Company, which he had been attacking in his newspaper, the Eagle, a weekly paper published in Tacloban, Leyte, his attacks having as their target the exorbitant rates charged by the company, the harsh andunreasonable practice followed by the same, such as, disconnecting the electric line to houses whose owners failed to pay their accounts at the end of the month. Superable also presented in support of his answer the affidavits of Enrique Militante and Segundino Villablanca.

Apparently satisfied with his answer, this Tribunal by resolution of May 26, 1958, dismissed the complaint of Delia Murillo for lack of merit. However, this dismissal did not end the case. It had its sequel.

On May 19, 1958, about seven days before the dismissal of the administrative case, Superable also wrote a letter to the Chief Justice, requesting that some sort of action be taken against Dodong R. Herrera, Noning Susaya andFrank Morada, all of Tacloban City, the first being the owner, proprietor, publisher and editor of the tabloid Eastern Star, a weekly published in Tacloban City, the second and third being the business manager and circulation manager, respectively, of said paper; Delia Murillo, the same complainant in the administrative case, and Victoriano Chan, general manager of the Tacloban Electric Light and Ice Company. The burden of the letter was that on May 17, 1958, that is to say, two days before his letter and about nine days before the main case for disbarment or disciplinary action against him was dismissed, the persons above-mentioned had published in the Eastern Star the charges or complaint filed by Delia Murillo against him; that said publication was a violation of the Rules of Court, which considers private and confidential proceedings against an attorney; and that the publication had cause him mental anguish and suffering, besmirched his reputation and made him the object of public ridicule, besides reducing his clientele in his practice of law, at the same time causing him considerable embarrassment, both professionally and socially. Attached to said letter of Superable was a copy of the issue of the Eastern Star where the publication was made.

Acting upon the letter of Superable, this Tribunal by Resolution of June 9, 1958, ordered the five persons, Dodong Herrera, Noning Susaya, Frank Moraga, Delia Murillo and Victoriano Chan to show cause within ten from notice why they should not be declared in contempt of court and punished accordingly. Pursuant to our resolution, the five respondents filed their answer on July 8, 1958, the first three admitting the publication but claiming that it was done only to help the court in arriving at the sound and correct determination of the main case, namely, the administrative charges against Superable; that the news item or publication was devoid of any editorial comment; that they were not aware of Section 10 of Rule 128 of the Rules of Court. Delia Murillo and Victoriano Chan denied any connection with the publication. On July 10, 1958, Dodong Herrera, Noning Susaya and Frank Morada filed a supplemental answer, and by our resolution of July 14, 1958, complainant Superable was required to file a reply to the answer and supplemental answer, which he did on October 29, 1958.

The contempt incident was set for hearing on December 5, 1958. On December 3, 1958, the five respondents filed a motion for postponent of the hearing, and the following day, they filed a motion for the appointment of a commissioner to hear the case, for the reason that it required the reception of evidence from both parties, and that considering the distance from Tacloban City, where they resided, to Manila, it was convenient and proper to hold the hearing in Tacloban.

By resolution of December 5, 1958, we denied the motion for postponement of hearing and both parties were given a period of twenty days within which to submit simultaneously their respective memoranda in lieu of oral argument. But upon consideration of the motion praying for the appointment of a commissioner to receive evidence, the Court resolved to give the movants twenty days within which to submit a deposition.

On December 26, 1958, complainant Superable filed his memorandum with several annexes, consisting mostly of issues of the newspaper Eagle, which he edited and published, and of the Eastern Star, edited and published by Dodong Herrera. On January 2, 1959, respondents filed their memorandum.

On December 13, 1958, both parties filed with this Court a "Notice to Take Deposition", wherein they agreed that Judge Eugenio N. Brillo of the Municipal Court of Tacloban City take the deposition mentioned by us in our resolution of December 5, 1958. At the taking of the said deposition before Judge Brillo on December 18, 1958, the parties and their counsel appeared and several witnesses testified, such as, Superable on his own behalf and his witnesses Segundo Villablanca and Rene Tan, as well as Generoso (Dodong) Herrera and Hermogenes Susaya. Documentary evidence was also submitted. The transcript of the proceedings had before Judge Brillo, consisting of 69 pages, was filed with us by Judge Brillo on January 2, 1959.

On January 20, 1959, Delia Murillo wrote a letter to the Chief Justice, attaching thereto some affidavits, asking that the complaint against Atty. Superable which, as already stated, had been dismissed, be reinstated and that a formal investigation be made so that she may be able to present her proof against him. By resolution of January 26, 1959, her request was denied.

Lawyers do not only represent the law;they are the law as quoted in the article written by J.Jose L. Sabio. This is why when a lawyer takes oath, they are not merely attending a ceremony, but making a promise to become guardians of truth. 

Grounds For Petition Of Guardianship

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.

Full Implementation of Reproductive Health Law: Is It The Solution To Population Growth

Before Reproductive Health (RH) Law was implemented, there were mixed reactions from different sectors. Some deem its implementation as a great way to curb population growth while others are still throwing moral punches. RH Law was passed in 2014 and former President Fidel Ramos urges President Rodrigo Duterte to fully implement the law. 

This is because of the growing population of the country that creates a ripple effect on the growth of poverty rate. The law aims to support the poor by means of distributing modern methods of contraception. Although there is a decrease in population growth, which is at 2.1% per year, this is still high compared to the major countries in East Asia, which were able achieve the population growth rates below 2% per year. 

Here's a primer of RA No. 10354:

SEC. 19. Duties and Responsibilities. – (a) Pursuant to the herein declared policy, the DOH shall serve as the lead agency for the implementation of this Act and shall integrate in their regular operations the following functions:

(1) Fully and efficiently implement the reproductive health care program;

(2) Ensure people’s access to medically safe, non-abortifacient, legal, quality and affordable reproductive health goods and services; and

(3) Perform such other functions necessary to attain the purposes of this Act.

(b) The DOH, in coordination with the PHIC, as may be applicable, shall:

(1) Strengthen the capacities of health regulatory agencies to ensure safe, high quality, accessible and affordable reproductive health services and commodities with the concurrent strengthening and enforcement of regulatory mandates and mechanisms;

(2) Facilitate the involvement and participation of NGOs and the private sector in reproductive health care service delivery and in the production, distribution and delivery of quality reproductive health and family planning supplies and commodities to make them accessible and affordable to ordinary citizens;

(3) Engage the services, skills and proficiencies of experts in natural family planning who shall provide the necessary training for all BHWs;

(4) Supervise and provide assistance to LGUs in the delivery of reproductive health care services and in the purchase of family planning goods and supplies; and

(5) Furnish LGUs, through their respective local health offices, appropriate information and resources to keep the latter updated on current studies and researches relating to family planning, responsible parenthood, breastfeeding and infant nutrition.

(c) The FDA shall issue strict guidelines with respect to the use of contraceptives, taking into consideration the side effects or other harmful effects of their use.

(d) Corporate citizens shall exercise prudence in advertising its products or services through all forms of media, especially on matters relating to sexuality, further taking into consideration its influence on children and the youth.

Fathers Sending Children To Best Schools: Just An Option, Not An Obligation

Most parents dream about providing the best education for their children, but there are circumstances that serve as a deterrent to fulfilling their dreams such as the lack of financial resources. Even from a legal perspective, a father is required to provide support to children, but this does not necessarily mean they are obliged to send them to best schools. While the law mandates parents to provide support for their children, it does not state that a child must be sent to a private upscale school. 

The Family Code of the Philippines provides an explanation about child support to gain a better understanding about this law. 

Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.

The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place of work. 

Art. 105. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article:

(1) The spouses;

(2) Legitimate ascendants and descendants;

(3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;

(4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and

(5) Legitimate brothers and sisters, whether of full or half-blood 

Art. 196. Brothers and sisters not legitimately related, whether of the full or half-blood, are likewise bound to support each other to the full extent set forth in Article 194, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant's fault or negligence. 

Art. 197. In case of legitimate ascendants; descendants, whether legitimate or illegitimate; and brothers and sisters, whether legitimately or illegitimately related, only the separate property of the person obliged to give support shall be answerable provided that in case the obligor has no separate property, the absolute community or the conjugal partnership, if financially capable, shall advance the support, which shall be deducted from the share of the spouse obliged upon the liquidation of the absolute community or of the conjugal partnership. (n)

Art. 198. During the proceedings for legal separation or for annulment of marriage, and for declaration of nullity of marriage, the spouses and their children shall be supported from the properties of the absolute community or the conjugal partnership. After the final judgment granting the petition, the obligation of mutual support between the spouses ceases. However, in case of legal separation, the court may order that the guilty spouse shall give support to the innocent one, specifying the terms of such order. 

Art. 199. Whenever two or more persons are obliged to give support, the liability shall devolve upon the following persons in the order herein provided:

(1) The spouse;

(2) The descendants in the nearest degree;

(3) The ascendants in the nearest degree; and

(4) The brothers and sisters. 

Art. 200. When the obligation to give support falls upon two or more persons, the payment of the same shall be divided between them in proportion to the resources of each.

However, in case of urgent need and by special circumstances, the judge may order only one of them to furnish the support provisionally, without prejudice to his right to claim from the other obligors the share due from them.

When two or more recipients at the same time claim support from one and the same person legally obliged to give it, should the latter not have sufficient means to satisfy all claims, the order established in the preceding article shall be followed, unless the concurrent obligees should be the spouse and a child subject to parental authority, in which case the child shall be preferred. 

Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient. 

No-Smoking Law To Be Implemented Nationwide

Cleaner air, healthier people.

If my memory serves me right, several laws have already been implemented to minimize the growing number of cigarette smokers in the country. In 2013, a law that raises tobacco taxes was signed and in 2014, the Philippines has signed into a law requiring tobacco manufacturers to display graphic health warnings on cigarettes packs. Aside from which, manufacturers are also required to display gruesome images of smoking's harmful effects. These laws aim to promote healthier people and cleaner air.

It is no secret that many individuals have already smoked their way to lung cancer, respiratory diseases and eventual death because of the deleterious effects of smoking. It has been estimated that an average of 240 Filipinos are dying on a daily basis due to smoking-related diseases.

This year, a law which bans smoking nationwide will be signed sometime this month. In the Philippines, Davao is the first city to implement smoking ban. Penalties for violating the anti-smoking law in Davao includes a fine of 5,000 Philippine peso or four months in prison.

To prove that smoking ban is strictly implemented in Davao,  President Duterte, then mayor of Davao City taught a man who refused to stop smoking a hard lesson. Duterte gave the man two options and one of which was to eat the cigarette. In relation to the implementation of No-Smoking Law, the Dapartment of Health (DOH) is also seeking amendment of Republic Act 9211 or the Tobacco Regulation Act of 2003.

Republic Act 9211

SECTION 6. Designated Smoking and Non-smoking Areas.—In all enclosed places that are open to the general public, private workplaces and other places not covered under the preceding section, where smoking may expose a person other than the smoker to tobacco smoke, the owner, proprietor, operator, possessor, manager or administrator of such places shall establish smoking and non-smoking areas. Such areas may include a designated smoking area within the building, which may be in an open space or separate area with proper ventilation, but shall not be located within the same room that has been designated as a non-smoking area.

All designated smoking areas shall have at least one (1) legible and visible sign posted, namely “SMOKING AREA” for the information and guidance of all concerned. In addition, the sign or notice posted shall include a warning about the health effects of direct or secondhand exposure to tobacco smoke. Non-Smoking areas shall likewise have at least one (1) legible and visible sign, namely: “NON-SMOKING AREA” or “NO SMOKING.”

Can You Remarry Based On Presumptive Death?

Under the law, a marriage is considered null and void during the subsistence of a previous marriage. The court has to declare the prior spouse as presumed dead for the marriage to become valid.

Marriage is a tough decision. Once you decide to spend the rest of your life with the person you intend to marry, you need to embrace everything about the person including his/her flaws and imperfections.

Some married couples decide to part ways because both parties claim they married a stranger. Due to the long process involved in filing for petition of annulment, both parties may assume that long separation is enough to nullify marriage.

In fact, there are presumptions that when married parties do not see each other for more than seven years, it will automatically nullify your marriage. For instance, a woman marries a man in 2016 and the wife decided to seek for a CENOMAR or a Certificate of No Marriage Record. The CENOMAR is issued to prove that a person has not contracted any marriage.

Unfortunately, the wife found out that her husband has been married in 2000. It is natural for the wife to confront the husband about this issue. It turned out that the marriage that took place in 2000 did not last long because a month after the marriage, his wife left. The wife never returned and not knowing his wife's whereabouts, the husband presumed that the marriage is no longer valid.

Unfortunately, this is not the case. Since previous marriage has not been nullified, the spouse can face a criminal charge of bigamy.

According to Article 41 of the Family Code:

Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.

For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.

As for the declaration of presumptive death under Article 41 of the Family code, the following requisites must be met:

1. That the absent spouse has been missing for four consecutive years, or two consecutive years if the disappearance occurred where there is danger of death under the circumstances laid down in Article 391, Civil Code.

2. That the present spouse wishes to remarry.

3. That the present spouse has a well-founded belief that the absentee is dead.

4. That the present spouse files a summary proceeding for the declaration of presumptive death of the absentee.
 

Does The Husband Have To Pay For The Wife's Debt?

When married couples separate, is the obligation of the husband limited only to supporting children who are in the care of the wife? What if the wife incurred debts? Does the husband have an obligation to make a payment of the debt?

According to Article 91 of the Family Code, the absolute community property of the spouse or the pieces of property, which belong to the spouse during marriage or acquired thereafter shall have legal liability. These include the following:

(2) All debts and obligations contracted during the marriage by the designated administrator-spouse for the benefit of the community, or by both spouses, or by one spouse with the consent of the other;

(3) Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited;

If the wife incurred the debt after the husband separated from her, the husband's obligation to pay the debt is considered jointly. This means that if the wife incurred the debt even when you have already separated, the husband still has an obligation to settle it, provided that the debt incurred benefited the family. It is also interesting to note that the husband assumes responsibility for the wife's debt if the consent was obtained from him.

On the other hand, Article 102 of the Absolute Community of Property states:

(1) An inventory shall be prepared, listing separately all the properties of the absolute community and the exclusive properties of each spouse.

(2) The debts and obligations of the absolute community shall be paid out of its assets. In case of insufficiency of said assets, the spouses shall be solidarily liable for the unpaid balance with their separate properties in accordance with the provisions of the second paragraph of Article 94.

(3) Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them.

(4) The net remainder of the properties of the absolute community shall constitute its net assets, which shall be divided equally between husband and wife, unless a different proportion or division was agreed upon in the marriage settlements, or unless there has been a voluntary waiver of such share provided in this Code. For purpose of computing the net profits subject to forfeiture in accordance with Articles 43, No. (2) and 63, No. (2), the said profits shall be the increase in value between the market value of the community property at the time of the celebration of the marriage and the market value at the time of its dissolution.

13th Month Pay:Revised Guidelines And Implementations

The 13th month pay is one of the things employees look forward to as the holiday season approaches. While most employees still need to wait for a few months to get their 13th month pay, it still pays to be aware of how it is calculated. It is no surprise that there are some employees who are still filing disputes because of receiving the wrong amount of 13th month pay or being taxed for the amount considered to be non-taxable. Here is the basic information on 13th month pay you need to obtain.

Amount and payment of 13th Month Pay

(a)  Minimum of the Amount. — The minimum 13th month pay required by law shall not be less than one-twelfth of the total basic salary earned by an employee within a calendar year. For the year 1987, the computation of the 13th month pay shall include the cost of living allowances (COLA) integrated into the basic salary of a covered employee pursuant to Executive Order 178.

E.O. No. 178 provides, among other things, that the P9.00 of the daily COLA of P17.00 for non-agricultural workers shall be integrated into the basic pay of covered employees effective 1 May 1987, and the remaining P8.00 effective 1 October 1987. For establishments with less than 30 employees and paid-up capital of P500,000 or less, the integration of COLAs shall be as follows: P4.50 effective on 1 May 1987; P4.50 on 1 October 1987; and P8.00 effective 1 January 1988. Thus, in the computation of the 13th month pay for 1987, the COLAs integrated into the basic pay shall be included as of the date of their integration.

Where the total P17.00 daily COLA was integrated effective 1 May 1987 or earlier the inclusion of said COLA as part of the of the basic pay for the purpose of computing the 13th month pay shall be reckoned from the date of actual integration.

The "basic salary" of an employee for the purpose of computing the 13th month pay shall include all remunerations or earning paid by this employer for services rendered but does not include allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary, such as the cash equivalent of unused vacation and sick leave credits, overtime, premium, night differential and holiday pay, and cost-of-living allowances. However, these salary-related benefits should be included as part of the basic salary in the computation of the 13th month pay if by individual or collective agreement, company practice or policy, the same are treated as part of the basic salary of the employees.

(b)  Time of Payment. — The required 13th month pay shall be paid not later than December 24 of each year. An employer, however, may give to his employees one half (½) of the required 13th month pay before the opening of the regular school year and the other half on before the 24th of December of every year. The frequency of payment of this monetary benefit may be the subject of agreement between the employer and the recognized/collective bargaining agent of the employees.

5.  13th Month Pay for Certain Types of Employees.

(a)  Employees Paid by Results. — Employees who are paid on piece work basis are by law entitled to the 13th month pay.

Employees who are paid a fixed or guaranteed wage plus commission are also entitled to the mandated 13th month pay, based on their total earnings during the calendar year, i.e., on both their fixed or guaranteed wage and commission.

(b)  Those with Multiple Employers. — Government employees working part time in a private enterprise, including private educational institutions, as well as employees working in two or more private firms, whether on full or part time basis, are entitled to the required 13th month pay from all their private employers regardless of their total earnings from each or all their employers.

(c)  Private School Teachers. — Private school teachers, including faculty members of universities and colleges, are entitled to the required 13th month pay, regardless of the number of months they teach or are paid within a year, if they have rendered service for at least one (1) month within a year.

6.  13th Month Pay of Resigned or Separated Employee.

An employee who has resigned or whose services were terminated at any time before the time for payment of the 13th month pay is entitled to this monetary benefit in proportion to the length of time he worked during the year, reckoned from the time he started working during the calendar year up to the time of his resignation or termination from the service. Thus, if he worked only from January up to September his proportionate 13th month pay should be equivalent of 1/12 his total basic salary he earned during that period.

The payment of the 13th month pay may be demanded by the employee upon the cessation of employer-employee relationship. This is consistent with the principle of equity that as the employer can require the employee to clear himself of all liabilities and property accountability, so can the employee demand the payment of all benefits due him upon the termination of the relationship.

7.  Non-inclusion in Regular Wage.

The mandated 13th month pay need not be credited as part of regular wage of employees for purposes of determining overtime and premium pays, fringe benefits insurance fund, Social Security, Medicare and private retirement plans.

8.  Prohibitions against reduction or elimination of benefits.
Nothing herein shall be construed to authorize any employer to eliminate, or diminish in any way, supplements, or other employee benefits or favorable practice being enjoyed by the employee at the time of promulgation of this issuance.

Why Should You Not Drink And Drive

Have you ever basked in the solace of beer or dangerous drugs? Have you been on a downward spiral toward depression that you consider these substances as a quick but temporary fix? Is having fun incomplete without drowning yourself in these substances? When you are under the influence of alcohol or dangerous drugs, you do things you do not normally do as inhibitions are unleashed. When you no longer know where to draw the line, it seems so easy to flirt with danger and even go steady with death. Intoxication can breed danger or pose a threat to your life and to other people. Drinking should not be intertwined with driving. Here's why:

Implementing Rules And Regulations

"REPUBLIC ACT NO. 10586
AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF ALCOHOL, DANGEROUS DRUGS, AND SIMILAR SUBSTANCES, AND FOR OTHER PURPOSES
SEC. 4. Driver’s Education. – Every applicant for a motor vehicle driver’s license shall complete a course of instruction that provides information on safe driving including, but not limited to, the effects of the consumption of alcoholic beverages on the ability of a person to operate a motor vehicle, the hazards of driving under the influence of alcohol, dangerous drugs and/or other similar substances, and the penalties attached for violation thereof.

For professional drivers, every applicant for a driver’s license or those applying for renewal thereof shall undergo the driver’s education herein stated.

The driver’s license written examination shall include questions concerning the effects of alcohol and drug intoxication on the ability of a person to operate a motor vehicle and the legal and pecuniary consequences resulting from violation of the provisions of this Act.

SEC. 5. Punishable Act. – It shall be unlawful for any person to drive a motor vehicle while under the influence of alcohol, dangerous drugs and/or other similar substances.

SEC. 6. Conduct of Field Sobriety, Chemical and Confirmatory Tests. – A law enforcement officer who has probable cause to believe that a person is driving under the influence of alcohol, dangerous drugs and/or other similar substances by apparent indications and manifestations, including overspeeding, weaving, lane straddling, sudden stops, swerving, poor coordination or the evident smell of alcohol in a person’s breath or signs of use of dangerous drugs and other similar substances, shall conduct field sobriety tests.

If the driver fails in the sobriety tests, it shall be the duty of the law enforcement officer to implement the mandatory determination of the driver’s blood alcohol concentration level through the use of a breath analyzer or similar measuring instrument.

If the law enforcement officer has probable cause to believe that a person is driving under the influence of dangerous drugs and/or other similar substances, it shall be the duty of the law enforcement officer to bring the driver to the nearest police station to be subjected to a drug screening test and, if necessary, a drug confirmatory test as mandated under Republic Act No. 9165.

Law enforcement officers and deputized local traffic enforcement officers shall be responsible in implementing this section.

SEC. 7. Mandatory Alcohol and Chemical Testing of Drivers Involved in Motor Vehicular Accidents. – A driver of a motor vehicle involved in a vehicular accident resulting in the loss of human life or physical injuries shall be subjected to chemical tests, including a drug screening test and, if necessary, a drug confirmatory test as mandated under Republic Act No. 9165, to determine the presence and/or concentration of alcohol, dangerous drugs and/or similar substances in the bloodstream or body.

SEC. 8. Refusal to Subject Oneself to Mandatory Tests. – A driver of a motor vehicle who refuses to undergo the mandatory field sobriety and drug tests under Sections 6, 7 and 15 of this Act shall be penalized by the confiscation and automatic revocation of his or her driver’s license, in addition to other penalties provided herein and/or other pertinent laws."

Your Rights As A Part-Time Employee

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.”

All You Need To Know About Legal Fees

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)"

How To Prevent Falling Prey To Lending Schemes?

When you are faced with financial difficulties and you have already exhausted all of your financial resources, the next step you are going to take is to turn to lending companies. When it comes to taking out a loan, the process can be long, tedious and stressful. You do not get the money right off the bat as you have to secure essential documents. Once you have complied with the requirements, you have to wait for the final verdict and the effort will pay off if your loan application has been approved. However, you need to start from scratch if your loan application has been declined. While it is not easy to get the approval of legitimate lending company, resorting to loan sharks (5-6) that leave you with no choice but to agree to excessive interest rates is not going to be a good option either.

Although micro financing has already extended a “helping hand” to people who are in need of instant cash, the thought of shouldering 20% interest is way too much. Due to the fact that not all businesses or small entrepreneurs earn reasonable income, a huge chunk of their money is intended for paying the loan’s interest. Even if the borrowers have the right to file charges due to unconscionable interest rates, they still decide to accept the situation.  One of the requirements for getting an approval for your bank loan applications is by building your credibility. It might seem like a simple step but it will not be difficult for banks to approve your loan application if you have the ability to pay them. What better way to start building your credibility than opening your own savings account.

It also pays off to be keen on selecting the lending company you should put your trust in. Just because you need extra spending money does not necessarily mean you should continue to tread upon an unfamiliar territory without arming yourself with information. You can drown yourself in a cesspool of debt if you just allow yourself to be tricked into believing that these financial trolls are indeed your “savior” in times of need. As for lending companies, RA 9474 or Lending Company Regulation Act of 2007 provides information on the minimum requirements and standards they need to comply with.

“SEC. 6. Citizenship Requirements. - Upon the effectivity of this Act, at least a majority of the voting capital stock shall be owned by citizens of the Philippines.

The percentage of foreign-owned voting stock in any lending company existing prior to the effectivity of this Act, if such percentage is in excess of forty-nine percent (49%) of the voting stock, shall not be increased but may be reduced and, once reduced, shall not be increased thereafter beyond forty-nine percent (49%) of the voting stock of the lending company. The percentage of foreign-owned voting stocks in any lending company shall be determined by the citizenship of the individual stockholders. In the case of corporations owning shares in a lending company, the citizenship of the individual owners of voting stock in such corporations shall be the basis in the computation of the percentage.

No foreign national may be allowed to own stock unless the country of which he is a national accords reciprocal rights to Filipinos.

SEC. 7. Amount and Charges on Loans. - A lending company may grant loans in such amounts and reasonable interest rates and charges as may be agreed upon between the lending company and the debtor: Provided, That the agreement shall be in compliance with the provisions of Republic Act No. 3765, otherwise known as the "Truth in Lending Act" and Republic Act 7394, otherwise known as the "Consumer Act of the Philippines": Provided, further, That the Monetary Board, in consultation with the SEC and the industry, may prescribe such interest rate as may be warranted by prevailing economic and social conditions.

SEC. 8. Maintenance of Books of Accounts and Records. - Every lending company shall maintain books of accounts and records as may be required by the SEC and prescribed by the Bureau of Internal Revenue and other government agencies. In case a lending company engages in other businesses, it shall maintain separate books of accounts for these businesses.

The Manual of Accounts prescribed by the BSP for lending investors shall continue to be adopted by lending companies for uniform recording and reporting of their operations, until a new Manual of Accounts shall have been prescribed by the SEC.

It shall issue the appropriate instruments and documents to the parties concerned to evidence its lending and borrowing transactions.”

Beware Of Job Scams In Social Media Using A Hotel Company

These days, technology has made it easy for job seekers to search for employment. However, not all jobs spread through job placement sites and social media are legitimate. Secretary Rosalinda Dimapilis-Baldoz of Department of Labor and Employment (DOLE) warns job seekers against social media job scams. The warning was issued by Philippine Overseas Employment Administration (POEA). The agency advises applicants to be more cautious because this employment scam uses a hotel company’s name. Baldoz added that aside from sending e-mails to jobseekers, these scammers are also using social media to lure people who are searching for employment using social channels such as Facebook.

According to the scammers Facebook post, Marriott Hotel in Canada is in need of new workers. The said hotel company was offering jobs for various positions such as technicians, comedians, models, actors, stewards and other related hotel job categories. Although these scammers use reputable companies to attract potential victims, it is easy to identify red flags once jobseekers are cautious. Scammers often use e-mail and social media to post fake job openings. However, for a company as reputable as Marriott Hotel, it is very unlikely to receive alerts on their job openings through e-mail or social media.

Unsuspecting victims are requested to send resume, application and other essential documents. The scammer will suggest sending these documents to a fraudulent email address, which is usually a free web-based email. Marriott Hotel has its own email address and will not contact applicants using free e-mail service. Once the scammers earn the applicant’s trust, they are going to request for a certain amount of money to be sent via bank or wire transfer. The scammers will trick applicants into believing that the money will be used as payment for visa, immigration and processing fees. If you are dealing with a legitimate company, you will not be required to shell out some cash just to be considered for employment.

Another red flag is when the job openings have grammatical or spelling mistakes. A job opening from a legitimate company such as Marriott Hotel is free of grammatical and spelling errors as they are professionally written. POEA advises jobseekers to follow precautionary measures so illegal recruitment can be avoided. When searching for employment, POEA encourages jobseekers to deal with recruitment agencies licensed by POEA.

Avoid agencies that require you to make a payment for processing your papers. Do not deal with an unauthorized person of a licensed agency. If an agency promises overseas employment without requiring an applicant to undergo proper screening and application process, this is also considered a red flag. For available job orders, applicants may visit POEA website.

DILG Orders Probe On Kidapawan Incident

The devastating effects of El Niño have plagued everyone in the country. While we may whine about the scorching heat that makes us want to stay cooped up in our home, the farmers have bigger issues to face. These issues have urged 6000 Kidapawan farmers to take to the streets to protest due to the alleged failure of government to provide relief to starving families of farmers. These are not just shallow complaints about drought because the farmers’ livelihood has already been affected. When there is no food on your plate, you need to do something to provide food for your family who is already starving to death.

The problem started when the police opened fire on the protesters and when investigation was conducted, police said that one of the dead protesters came out positive for powder burns. The Kidapawan incident will bring forth fact-finding team and the National Police Commission will also conduct its own investigation. The PNP fact finding team will be headed by Police Director Isagani Nerez.

The Commission on Human Rights (CHR) has also noticed some lapses on the dispersal of protesters and they are also going to conduct their own investigation to find out if there is indeed a violation committed during the incident. The investigation will not only look at the rights of protesters but the police as well.  Inspite of the bloody incident, the government has not yet lifted a finger to give in to the farmers’ demands. Whether it is political ideologies or purely a case of following standard operating procedure, the farmers just need food to eat. With the ongoing investigation, will the Kidapawan incident prove that this is a clear violation of human rights?

“Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public Officers.

(a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.

(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or investigates any person for the commission of an offense shall inform the latter, in a language known to and understood by him, of his rights to remain silent and to have competent and independent counsel, preferably of his own choice, who shall at all times be allowed to confer privately with the person arrested, detained or under custodial investigation. If such person cannot afford the services of his own counsel, he must be provided with a competent and independent counsel by the investigating officer.

(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided that before such report is signed, or thumbmarked if the person arrested or detained does not know how to read and write, it shall be read and adequately explained to him by his counsel or by the assisting counsel provided by the investigating officer in the language or dialect known to such arrested or detained person, otherwise, such investigation report shall be null and void and of no effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in writing and signed by such person in the presence of his counsel or in the latter's absence, upon a valid waiver, and in the presence of any of the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence in any proceeding.

(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code, or under custodial investigation, shall be in writing and signed by such person in the presence of his counsel; otherwise the waiver shall be null and void and of no effect.

(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with any member of his immediate family, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel, or by any national non-governmental organization duly accredited by the Commission on Human Rights of by any international non-governmental organization duly accredited by the Office of the President. The person's "immediate family" shall include his or her spouse, fiancé or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.

As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person who is investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the "inviting" officer for any violation of law.”

Human Trafficking, Illegal Recruitment And A Promise Of A Better Life

When victims of illegal recruitment and human trafficking are asked for reasons why they choose to bite the bait instead of waiting for a legal job opportunity to come, there is only one answer that comes to mind: a promise of a better life. Poverty drives a person to make hasty decisions. Someone who is desperate to free himself from poverty’s tight grip will focus on the solution, regardless of its sources. Law becomes non-existent as these unsuspecting victims want to improve their life.

The grass is greener on the other side because those fresh blades of grass are made of plastics. They are facades of the harsh reality that greets desperate job-seekers who just want a better life. They are victims who simply wish to have food on their plate or enjoy pleasures of life. Prostitution, organ sale, sex tourism and other illegal jobs can be in the guise of a decent job to lure people into recruitment.

The ripple effect of illegal recruitment becomes evident in the case of Mary Jane Veloso, an OFW who was put to prison due to being suspected as a drug mule and presently, on Indonesia’s death row. Due aspiring for a better life, illegal recruiters seized the opportunity to take advantage of Veloso. While Veloso was hoping for a better future ahead of her, human traffickers were up to something else.

Veloso’s boat of hope sinks before it reaches the sea. Sad, unfortunate, disheartening. Mary Jane Veloso represents millions of OFWs who continue to fight a difficult battle against poverty and a poor excuse of a system. Human trafficking schemes continue to turn dreams into nightmare. There are government agencies such as POEA that provide information to job-seekers to avoid falling victim to illegal recruitment and human trafficking, but people need more than just a piece of information. When your family is starving to death, wouldn’t you consider  once-in-a-lifetime job offer appealing?

Section 10 of Republic Act No. 10364 or the Expanded Anti-Trafficking in Person Act of 2012 provides details of penalties and sanctions for those who this law.

“SEC. 10. Penalties and Sanctions. – The following penalties and sanctions are hereby established for the offenses enumerated in this Act:

“(a) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer the penalty of imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00);

“(b) Any person found guilty of committing any of the acts enumerated in Section 4-A of this Act shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);

“(c) Any person found guilty of Section 4-B of this Act shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);

“In every case, conviction shall cause and carry the automatic revocation of the license or registration of the recruitment agency involved in trafficking. The license of a recruitment agency which trafficked a child shall be automatically revoked.

“(d) Any person found, guilty of committing any of the acts enumerated in Section 5 shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);

“(e) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million pesos (P5,000,000.00);

“(f) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six (6) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);

“(g) If the offender is a corporation, partnership, association, club, establishment or any juridical person, the penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer who participated in the commission of the crime or who shall have knowingly permitted or failed to prevent its commission;

“(h) The registration with the Securities and Exchange Commission (SEC) and license to operate of the erring agency, corporation, association, religious group, tour or travel agent, club or establishment, or any place of entertainment shall be cancelled and revoked permanently. The owner, president, partner or manager thereof shall not be allowed to operate similar establishments in a different name;

“(i) If the offender is a foreigner, he or she shall be immediately deported after serving his or her sentence and be barred permanently from entering the country;

“(j) Any employee or official of government agencies who shall issue or approve the issuance of travel exit clearances, passports, registration certificates, counseling certificates, marriage license, and other similar documents to persons, whether juridical or natural, recruitment agencies, establishments or other individuals or groups, who fail to observe the prescribed procedures and the requirement as provided for by laws, rules and regulations, shall be held administratively liable, without prejudice to criminal liability under this Act. The concerned government official or employee shall, upon conviction, be dismissed from the service and be barred permanently to hold public office. His or her retirement and other benefits shall likewise be forfeited; and

“(k) Conviction, by final judgment of the adopter for any offense under this Act shall result in the immediate rescission of the decree of adoption.”

What Are The Rights Of An Illegitimate Child?

Being a parent is a huge responsibility, but parental responsibilities can be stressful if you are a single parent. You need to fulfil the roles of a mother and a father and make sure that your child’s basic needs are met. Child custody and support may be one of the intense issues for couples who choose to go on separate ways. If fighting for the custody of the child is burdensome to separated couples, just imagine the ordeal of single parents. What exactly are the rights of a child of an unwed mother? As stipulated in Republic Act No. 9225, children conceived or born outside a valid marriage still has the right to establish filiation and their rights as to their inheritance and surname. For the illegitimate children to establish relationship with their biological parent, they need to have the same evidence as the legitimate children.

Proving filiation of legitimate and illegitimate children:

•    Record of birth, which appears in the civil register or a final judgment;

•    Legitimate filiation admission in a public document or any private handwritten instrument, which is signed by the parent concerned.

If the evidence cannot be presented, filiation can be proved by:

•    The continuous and open possession of the status of a legitimate child; or

•    Other means approved by the Rules of Court and special laws.

Laws supporting the right of illegitimate children are also outlined in Republic Act No. 386:

"SECTION 1

Recognition of Natural Children

Article 276. A natural child may be recognized by the father and mother jointly, or by only one of them. (129)

Article 277. In case the recognition is made by only one of the parents, it shall be presumed that the child is natural, if the parent recognizing it had legal capacity to contract marriage at the time of the conception. (130)

Article 278. Recognition shall be made in the record of birth, a will, a statement before a court of record, or in any authentic writing. (131a)

Article 279. A minor who may not contract marriage without parental consent cannot acknowledge a natural child, unless the parent or guardian approves the acknowledgment or unless the recognition is made in a will. (n)

Article 280. When the father or the mother makes the recognition separately, he or she shall not reveal the name of the person with whom he or she had the child; neither shall he or she state any circumstance whereby the other parent may be identified. (132a)

Article 281. A child who is of age cannot be recognized without his consent.
When the recognition of a minor does not take place in a record of birth or in a will, judicial approval shall be necessary.
A minor can in any case impugn the recognition within four years following the attainment of his majority. (133a)

Article 282. A recognized natural child has the right:

(1) To bear the surname of the parent recognizing him;

(2) To receive support from such parent, in conformity with article 291;

(3) To receive, in a proper case, the hereditary portion which is determined in this Code. (134)

Article 283. In any of the following cases, the father is obliged to recognize the child as his natural child:

(1) In cases of rape, abduction or seduction, when the period of the offense coincides more or less with that of the conception;

(2) When the child is in continuous possession of status of a child of the alleged father by the direct acts of the latter or of his family;

(3) When the child was conceived during the time when the mother cohabited with the supposed father;

(4) When the child has in his favor any evidence or proof that the defendant is his father. (n)

Article 284. The mother is obliged to recognize her natural child:

(1) In any of the cases referred to in the preceding article, as between the child and the mother;

(2) When the birth and the identity of the child are clearly proved. (136a)

Article 285. The action for the recognition of natural children may be brought only during the lifetime of the presumed parents, except in the following cases:

(1) If the father or mother died during the minority of the child, in which case the latter may file the action before the expiration of four years from the attainment of his majority;

(2) If after the death of the father or of the mother a document should appear of which nothing had been heard and in which either or both parents recognize the child.

In this case, the action must be commenced within four years from the finding of the document. (137a)

Article 286. The recognition made in favor of a child who does not possess all the conditions stated in article 269, or in which the requirements of the law have not been fulfilled, may be impugned by those who are prejudiced by such recognition. (137)

SECTION 2

Other Illegitimate Children

Article 287. Illegitimate children other than natural in accordance with article 269 and other than natural children by legal fiction are entitled to support and such successional rights as are granted in this Code. (n)

Article 288. Minor children mentioned in the preceding article are under the parental authority of the mother. (n)

Article 289. Investigation of the paternity or maternity of children mentioned in the two preceding articles is permitted under the circumstances specified in articles 283 and 284. (n)"

APEC: The Good, The Bad And The Ugly

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).”

Republic Act No.10611 Or The Food Safety Act Of 2013

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

 

Strange Laws You Never Knew Existed: Part 8 Of 15 Squatting Is Not Considered A Crime

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.”

Strange Laws You Never Knew Existed: Part 7 Of 15 Drawing Of Lots Breaks An Election Tie

Elections provide voters a unique form or element of entertainment not only due to the list of candidates filing for certificate of candidacy, but also due to the complexities of the electoral system. Before the results are released, voters need to wait for several weeks as the canvassing of election results can be a long and tedious process. There will be disputes, which can delay the declaration process. 

The Philippine elections give voters some sort of confusion and excitement when two candidates have tied. Instead of undergoing another voting process, the tie is simply broken by drawing of lots. While this method may appear to be tongue-in-cheek, it is covered by Resolution No. 9648. “In case there are candidates receiving the same number of votes for the same position, the Board immediately notify the said candidates to appear before them for the drawing of lots to break the tie. The drawing of lots should be conducted within one (1) hour after issuance of notice by the Board of candidates concerned.” 

“The candidate who won in the drawing of lots and so proclaimed shall have the right to assume office in the same manner as if he had been elected by plurality of votes.”

This electoral system is also under Section 240 of the Omnibus Election Code: “Whenever it shall appear from the canvass that two or more candidates have received an equal and highest number of votes, or in cases where two or more candidates are to be elected for the same position and two or more candidates received the same number of votes for the last place in the number to be elected, the board of canvassers, after recording this fact in its minutes, shall by resolution, upon five days notice to all the tied candidates, hold a special public meeting at which the board of canvassers shall proceed to the drawing of lots of the candidates who have tied and shall proclaim as elected the candidates who may be favored by luck, and the candidates so proclaimed shall have the right to assume office in the same manner as if he had been elected by plurality of vote.”

During the 2013 general elections, San Teodoro, Oriental Mindoro mayoralty candidates tossed a coin to break the tie. Although this is considered an unconventional electoral system, it is not considered unique as there are states in the US that also follow the same method. 



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