One thing that locals and tourists explore in a town or city is its sights to behold, but behind the picturesque façade lays another ugly face of corruption that seems to lurk everywhere. Towns have been competing against each other to win the coveted title for the cleanest and greenest, but a town with a huge volume of garbage is just a living mockery of every town’s aspiration to become a liveable place. The plan for putting up a sanitary landfill has not been materialized and there are a thousand and one reasons the sanitary landfill never came to existence. None of these reasons seem believable considering there is budget allocated for this project.

Due to failing to construct sanitary landfills, the local governments will be facing environmental charges. According to Mayor Juancho Alvarez of Ajuy, in Iloilo province, they wanted to put up a sanitary landfill, but the cost of construction and the volume of garbage were just overwhelming. Alvarez also added that in spite of the presence of materials recovery facility (MRF) that caters to five of the town’s 34 barangays, the facility just wouldn’t suffice.

Aside from the huge volume of garbage in Iloilo province, Cebu province is also facing the same problem with disposal and according to Mayor Joel Quiño of Compostela, Cebu, the local government was taking all available measures to dispose of the town’s garbage. Quiño added that they do not have the estimated P20 million to build a sanitary landfill.

There are 50 local government units (LGUs) that are currently under investigation for violating RA 9003. According to the law, towns are mandated to put up sanitary landfills, recycling and material recovery facilities. The officials who failed to comply with the standards for solid waste management have yet to answer complaints filed by the National Solid Waste Management Commission on February 10.

Under section 49 of republic Act 9003, the fines and penalties for violation are the following:

“Section 49. Fines and Penalties -

(a) Any person who violates Sec. 48 paragraph (1) shall, upon conviction, be punished with a fine of not less than Three hundred pesos (P300.00) but not more than One thousand pesos (P1,000.00) or render community service for not less than one (1) day to not more than fifteen (15) days to an LGU where such prohibited acts are committed, or both;

(b) Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction be punished with a fine of not less than Three hundred pesos (P300.00) but not more than One thousand pesos (P1,000.00) or imprisonment of not less than one (1) day but to not more than fifteen (15) days, or both;
(c) Any person who violates Sec. 48, pars. (4), (5), (6) and (7) shall, upon conviction, be punished with a fine of not less than One thousand pesos (P1,000.00) but not more than Three thousand pesos (P3,000.00) or imprisonment of not less than fifteen (15) day but to not more than six (6) months, or both;

(d) Any person who violates Sec. 48, pars (8), (9), (10) and (11) for the first time shall, upon conviction, pay a fine of Five hundred thousand pesos (P500,000.00) plus and amount not less than five percent (5%) but not more than ten percent (10%) of his net annual income during the previous year.

The additional penalty of imprisonment of a minimum period of one (1) year but not to exceed three (3) years at the discretion of the court, shall be imposed for second or subsequent violations of Sec. 48, pars. (9) and (10).

(e) Any person who violates Sec. 48, pars. (12) and (13) shall, upon conviction, be punished with a fine not less than Ten thousand pesos (P10,000.00) but not more than Two hundred thousand pesos (P200,000.00) or imprisonment of not less than thirty (30) days but not more than three (3) years, or both;

(f) Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon conviction, be punished with a fine not less than One hundred thousand pesos (P100,000.00) but not more than One million pesos (P1,000,000.00), or imprisonment not less than one (1) year but not more than six (6) years, or both.”

You can lose your temper once you reach your boiling point. It can be due to a number of reasons such as betrayal. What would you do if your spouse commits adultery? Some can easily forgive a person and start a new life, but there are those who just cannot bury the hatchet. This means they can put matters into their own hands by killing the person responsible for committing such a crime.

Article 247 states:

“ Death or physical injuries under exceptional circumstances. — Any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injuries, shall suffer the penalty of destierro.

If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.

These rules shall be applicable, under the same circumstances, to parents with respect to their daughters under eighteen years of age, and their seducers, while the daughters are living with their parents.

Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall otherwise have consented to the infidelity of the other spouse, shall not be entitled to the benefits of this article.”

The law only applies if the following elements are present:

“1. The offender is any legally married person;

2. The offender surprises his spouse in the act of committing sexual intercourse with another person;

3. The offender kills or seriously injures any or both of them;

4. The offender kills or seriously injures during the act of sexual intercourse or immediately thereafter.”

Some people often say that credit cards are only intended for responsible adults who can handle finances properly. Without a doubt, credit cards offer convenience as you do not have to bring cash to pay for your purchases. However, this plastic money can show its sharp fangs and talons to those who are unable to make timely payments. Yes, it is a harmless card that provides you the privilege to make cashless payment, but you can be a slave to debt if you are not a responsible credit card holder. Some may think that the state of being indebted is a humiliating experience, but the truth is, it is a humbling experience as it teaches you one valuable lesson that can make you a better person if and only if you learn from it.

Credit card holders who are being harassed by collectors are a scenario that does not happen once in a super blue moon. There are lots of horror stories involving a credit card holder and a collection agency and if you do not know your rights as a cardholder, the experience can be debilitating. If you have received incessant calls demanding of a payment for your overdue credit card bills, take a deep breath and heave a sigh of relief as it is not the end of the world.

You do not have to make yourself suffer just because of a credit card debt. You can still become debt-free provided, you take full responsibility for mishandling your credit card finances. Some collectors may contact the credit card holder in the wee hours of the morning or late at night just to make the person pay the past due amount. Unless the cardholder has given permission to contact them during these times, calling the cardholder at inconvenient times is prohibited. This violation is under BSP Circular No. 702, Series of 2010.

Under Section 3 and 4 of the circular, the credit companies should do the following:

“1. notify the card holder in writing of the endorsement of the collection to an agency at least seven days before the actual endorsement;

2. give the defaulting credit card holder the name of the agent assigned to the account once they have endorsed the collection to a third-party;

3. change all disclosure documents and marketing materials so that they are printed in plain language and in bold black letters against a white background using the Arial font and a minimum 12 point font size. “

The consumer protection also indicates that a cardholder should also have the option to take advantage of various payment options. If the cardholder cannot pay the debt in full, other repayment plans should be available to them.

Credit card companies who fail to observe the procedures will receive the following sanctions:

“ First offense: Reprimand for the directors/officers responsible for the violation.

Second offense: Disqualification of the bank concerned from the credit facilities of the BSP except as may be allowed under Section 84 of R.A. No. 7653 (“New Central Bank Act”).

Subsequent offenses:

Prohibition on the bank concerned from the extension of additional credit accommodation against personal security; and
Penalties and sanctions under Sections 36 and 37 of RA 7653”

When you have sluggish internet speed like that of a ghost dragging heavy chains, the first thing that comes to mind is to let your internet service lay to rest. Aside from the country’s traffic situation that will make you want to crawl in a big black hole, the slow internet speed is one of the reasons for Pinoy woes. These days, many individuals are relying heavily on internet for business and personal transactions.

Sluggish internet speed can have a negative impact on the economy. However, a strong and effective plan to address internet speed woes has not yet been formulated. Voters are also looking for digital leaders who can do something about the country’s slow internet speed. The internet service is one of the overlooked issues in the country, but little do these leaders know that students and entrepreneurs alike have heavy reliance on the internet.

The Kabataan Party Representative Terry Ridon proposed Free Public Wi-Fi Act or House Bill 5791. This house bill also aims to improve the internet service in the country and since a large number of voters are also turning to social media to get updates on election candidates, a faster internet speed can definitely address such concerns.

It is a sad fact that next to Afghanistan, the Philippines has the second slowest download speed among 22 countries in Asia. This is based on a 2015 study conducted by Ookla, an Internet Performance data provider. On average, the country can only offer 3.64 megabits per second (mbps) and this is not even half the average speed of other countries in the whole world. The cost of the Internet service also gives additional burden to subscribers.

The most number of internet users in the country belongs to young voters. This is why a presidential candidate who has the ability to put an end to the Internet woes of the country can be a good option to consider. Other countries such as Singapore have an average speed of 12.7 mbps and due to the fact that there are 44 million active users of various social media platforms such as Twitter, Facebook and Instagram, our country is trailing behind.

Netizens who have long been hoping for a much reliable internet speed will surely breathe a sigh of relief if there is a digital leader who will take a stand and make a change. While pushing for fast internet speed may not be the all and end all of presidential campaigns, it can still make a huge difference.

Before you earn yourself a spot in a company, there are pre-employment requirements that you need to comply as part of the hiring process. One of which is securing a police clearance certificate. This document is also one of the essential requirements in applying for passport and other government IDs. The purpose of police clearance is to prove that the person does not have any criminal record in the police department. It can also be used as a replacement for NBI clearance, if it is not yet available. Applying for a police clearance certificate is pretty straightforward because all you have to do is to go to the nearest Philippine National Police (PNP) headquarters and fill out the form.

Police clearance certificates are much easier to secure than NBI Clearance, where you have to wait long hours to secure a certificate. Before you can secure a police clearance, you need to fill out an application form, which is available at the PNP headquarters. You will also need to secure a Barangay clearance, recent cedula or community tax certificate and P100 as payment for the certificate. You will need to bring the original and photocopy of these documents. The PNP office will also capture your photo so you do not have to bring one. Your purpose of getting a Police Clearance must also be stated.

It is important that everyone is aware of the correct process of getting a police clearance to keep scammers at bay. Distributors of fake police clearances were recently busted due to issuing fake clearance certificates. When the fake police clearance was checked, it looked like the genuine copy of the certificate. It even bore the signature of Police Chief Inspector Rogelio De Lumen, who is the chief of QCPD’s Warrant and Subpoena Section, and Police Chief Supt. Edgardo G. Tinio, QCPD director.

These fake police clearances are sold at P300, which is unusually higher than the actual cost of getting a clearance certificate from the PNP office. The said arrest took place when one applicant complained about the overpricing of the said document. Public documents can be easily copied as the distributors have the necessary tools and access for reproducing them. For an unsuspecting victim, these police clearances sure appear to be genuine. The public is advised to be keen on checking the document’s authenticity. Fixers often offer to process your documents, assuring you of a shorter processing time for a much higher price. The inconvenience can be avoided once you know where police clearances must be secured.

Real estate regulations have already been put in place to reduce if not eradicate cases of land scams in the Philippines. Unfortunately, these regulations cannot deter scammers from victimizing individuals who only want to make a wise investment by means of purchasing real estate property. For unsuspecting buyers, being presented with a land title is enough to win their trust. What else could go wrong when buyers already see hard proof that a piece of land has undergone a correct legal process or so they thought.

With the alarming numbers of cases where hapless and unsuspecting victims fall prey to fake land title scams, being keen on land title details is a skill every land buyer should possess. If you have just caught a glimpse of what a land title looks like without taking some time to inspect every detail, you can subject yourself into a confusing situation once you are presented with a land title. However, when you arm yourself with appropriate knowledge on identifying fake from authentic land titles, then there is no reason you cannot be on the right track.

Check The Titles’ Physical Quality

One thing that sets authentic land titles from fake ones is their identifying marks. While fake titles may appear to be an exact replica of its authentic counterpart, there are physical qualities that make authentic land titles distinct. This means that no matter how skilled a scam artist may become in copying land title, they just cannot easily copy or duplicate the authentic land title’s physical quality.

Never mistake fake land titles for authentic ones by checking these following physical qualities:

•    The color of an old title is light yellow, but for new titles or e-Titles, the color should be pale straw.
•    The texture can be compared to a bank check.
•    Faint watermark that reads “LRA” can be seen on the title.
•    Dots and tiny fibers are visible.
•    The fibers shine slightly when under UV light.

There are also key details on the land title that must be present to verify its authenticity. An original certificate of title (OCT) should bear “Judicial Form No. 108-D” at the top. For a Transfer Certificate of Title (TCT), it should have “Judicial Form No. 109-D”. A red serial number label and black for the owner’s duplicate must be present. For the last two digits of the page number, which can be found on the upper right hand side of the title, it should correspond to the last two digits of the TCT number. The red or blue border is slightly embossed and not flatly printed.

For e-Titles, the information should be encoded and printed. For both new and old titles, there should be a dark red seal on the lower left hand side that should not blot even when tested with a little amount of water.  The land title should consist of 2 signatures from the Administrator and the Registrar. However, the Registrar’s signature must be present in TCT. Administrative titles should bear one signature from CENRO or PENRO officer and another signature from the registrar.

Following the President’s veto of the bill, which proposed a P2000 hike, Speaker Feliciano Belmonte Jr. seeks approval for a P1000 increase for the Social Security System (SSS) pensioners. This proposal can be carried out following the executive action. The passage of the bill will also accompany the proposal using the same powers vested in SSS and GSIS board. The bill that Belmonte was referring to, has already been approved on third and final reading, and just awaiting approval at the Senate.

The amendments of Republic Act No. 1162 or the Social Security Law is outlined in Sec. 12-B of the Presidential Decree No. 1636.

“Sec. 12-B.    Retirement benefits. —

(a) A covered employee who had paid at least one hundred twenty monthly contributions prior to the semester of retirement; and who (1) has reached the age of sixty years and is not receiving monthly compensation of at least three hundred pesos, or (2) has reached the age of sixty-five years, shall be entitled for as long as he lives to the monthly pension: Provided, That his dependents born before his retirement of a marriage subsisting when he was fifty-seven years old shall be entitled to the dependents' pension.

(b)    A covered member who is sixty years old at retirement and who does not qualify for pension benefits under paragraph (a) above, shall be entitled to a lump sum benefit equal to the total contributions paid by him and on his behalf; Provided, That he is separated from employment and is not continuing payment of contributions to the SSS on his own.

(c)    The monthly pension shall be reduced upon the re-employment of a retired employee who is less than sixty-five years old by an amount equivalent to one-half his earnings over three hundred pesos. He shall again be subject to section eighteen and his employer to section nineteen of this Act.

(d)    Upon the death of the retired employee pensioner, his primary beneficiaries shall be entitled to eighty percent of the monthly pension and his dependents to the dependent' pension: Provided, That if he has no primary beneficiaries and he dies within sixty months from the start of his monthly pension, his secondary beneficiaries shall be entitled to a lump sum benefit equivalent to the smaller of (1) twenty times the monthly pension or (2) the difference of sixty times the monthly pension and the total monthly pensions paid by the SSS excluding the dependents' pension."

People belonging to the working class often consider investing in a piece of real estate such as a condominium unit because of its flexible payment schemes that make everyone’s dream of owning a real estate property a reality. As you flip through the pages of the developer’s brochures or magazines, you are left in awe as the units epitomize the kind of modern life you want to live.

The price range of these condo units vary from location to location and while these infrastructures make a great investment, there are condo unit owners who had their own share of not-so-pleasant experiences of buying a condo unit.

What can be worse than condos that do not have parking slots? Some owners have to buy a separate lot that can accommodate their vehicle and this means shelling out vast amounts of money. Developers often overlook this one essential space that makes living in a condo more comfortable and hassle-free. Condo unit owners are not only ranting about the lack of parking slots but lost deposits as well.

Buying a condominium unit can be very tedious as you need to go through all kinds of problems and dealing with the agent is no exception. Finding out about lost deposits can burst one’s bubbles. This is why, buyers make it a point to follow up on the agent or track their purchase. These are just a few issues associated with buying a condo unit let alone living in it.

Republic Act No. 4726 Or The Condominium Act Is One Of The Laws Related To Condominium Ownership:

“Sec. 2. A condominium is an interest in real property consisting of separate interest in a unit in a residential, industrial or commercial building and an undivided interest in common, directly or indirectly, in the land on which it is located and in other common areas of the building. A condominium may include, in addition, a separate interest in other portions of such real property. Title to the common areas, including the land, or the appurtenant interests in such areas, may be held by a corporation specially formed for the purpose (hereinafter known as the "condominium corporation") in which the holders of separate interest shall automatically be members or shareholders, to the exclusion of others, in proportion to the appurtenant interest of their respective units in the common areas.”

Anti-pana law is one of the strangest laws that still exist up to this day. Perhaps, this law came to existence due to the number of “pana” incidents. This is still considered a deadly weapon and can be as dangerous as firearms. Now, there are people who use pana or arrow for livelihood and in this case, all they need to do is to secure a permit from the mayor in his city.

This law was made during the 1960s and this is referred to as the Republic Act No. 3553, or an Act to Prohibit the Possession of Deadly Arrow.

“Section 1. Any person who possesses a deadly arrow or "pana" without permit from a city, municipal, or municipal district mayor, shall be punished by imprisonment for a period of not less than thirty days nor more than six months. The phrase "deadly arrow or 'pana'" as used in this Act means any arrow or dart that when shot from a blow or slingshot can cause injury or death of a person.

Section 2. Any city, municipal or municipal district mayor may issue a permit to any individual to possess a deadly arrow or "pana" if such is to be used to earn a livelihood for such individual.

Section 3. This Act shall take effect upon its approval.

Approved: June 21, 1963”

In the previous years, the election period starts in February, but it comes a month earlier this year. This means rules and regulations under Section 3 of the Omnibus Election Code (OEC) commences on January 10, which is 30 days in advance.

From January 10 to June 8, 2016, these following acts are prohibited:

•    Suspension of elective local officials;
•    bearing firearms and other deadly weapons, unless authorized by the Comelec, this is also referred to as the gun ban;
•    organization of reaction forces, strike forces, etc;
•    alteration of territory of a precinct, or the establishment of a new precinct;
•    use of security personnel/bodyguards by candidates, unless authorized by the Comelec;
•    transfer or movement of officers and employees in the civil service.

If one of these prohibitions is violated, it can be a ground for disqualification in case the offender is running for an elective public office.

The prohibited acts can be found under Section 261 of the Omnibus Election Code:

“Sec. 261. Prohibited Acts. - The following shall be guilty of an election offense:

a. Vote-buying and vote-selling.
1.      Any person who gives, offers or promises money or anything of value, gives or promises any office or employment, franchise or grant, public or private, or makes or offers to make an expenditure, directly or indirectly, or cause an expenditure to be made to any person, association, corporation, entity, or community in order to induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election, or to vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection process of a political party.

2.     Any person, association, corporation, group or community who solicits or receives, directly or indirectly, any expenditure or promise of any office or employment, public or private, for any of the foregoing considerations.
b.    Conspiracy to bribe voters. - Two or more persons, whether candidates or not, who come to an agreement concerning the commission of any violation of paragraph (a) of this section and decide to commit it.

c.    Wagering upon result of election. - Any person who bets or wagers upon the outcome of, or any contingency connected with an election. Any money or thing of value or deposit of money or thing of value situated anywhere in the Philippines put as such bet or wager shall be forfeited to the government.

 d.   Coercion of subordinates.

1.    Any public officer, or any officer of any public or private corporation or association, or any head, superior, or administrator of any religious organization, or any employer or land-owner who coerces or intimidates or compels, or in any manner influence, directly or indirectly, any of his subordinates or members or parishioners or employees or house helpers, tenants, overseers, farm helpers, tillers, or lease holders to aid, campaign or vote for or against any candidate or any aspirant for the nomination or selection of candidates.

2.    Any public officer or any officer of any commercial, industrial, agricultural, economic or social enterprise or public or private corporation or association, or any head, superior or administrator of any religious organization, or any employer or landowner who dismisses or threatens to dismiss, punishes or threatens to punish be reducing his salary, wage or compensation, or by demotion, transfer, suspension, separation, excommunication, ejectment, or causing him annoyance in the performance of his job or in his membership, any subordinate member or affiliate, parishioner, employee or house helper, tenant, overseer, farm helper, tiller, or lease holder, for disobeying or not complying with any of the acts ordered by the former to aid, campaign or vote for or against any candidate, or any aspirant for the nomination or selection of candidates.

e. Threats, intimidation, terrorism, use of fraudulent device or other forms of coercion. - Any person who, directly or indirectly, threatens, intimidates or actually causes, inflicts or produces any violence, injury, punishment, damage, loss or disadvantage upon any person or persons or that of the immediate members of his family, his honor or property, or uses any fraudulent device or scheme to compel or induce the registration or refraining from registration of any voter, or the participation in a campaign or refraining or desistance from any campaign, or the casting of any vote or omission to vote, or any promise of such registration, campaign, vote, or omission therefrom.

f. Coercion of election officials and employees. - Any person who, directly or indirectly, threatens, intimidates, terrorizes or coerces any election official or employee in the performance of his election functions or duties.”

The detailed list of prohibited acts can be found in the official website of Comelec.

The reported cases of passengers being harassed by rude taxi drivers are increasing and while some passengers choose to keep silent, one passenger posted a video of an enraged cab driver who went ballistic when the passenger refused to give in to the amount he demanded. Joanne Garcia expressed her discontentment and anger by posting the video she took herself. The video that Garcia took went viral but this is just a snippet of the altercation that took place. According to her, the cab driver asked her to pay a fixed rate of P250 but she insisted on using a taxi meter.

Garcia assumed that she and the cab driver have already agreed to use the taxi meter instead of paying a fixed rate. However, upon the passengers’ arrival at POEA, the meter is at P140. She paid P200 and asked for her change. That was when the cab driver started cursing at Garcia and her companion demanding a much higher amount. The part when Catipay curses at Garcia and her companion have been caught in the video.

She also suspects Catipay of taking drugs during that time. The Land Transportation Franchising and Regulatory Board (LTFRB) had served summon for the cab driver and the operator, Ariel Gamboa on January 5. They appeared before LTFRB on January 6 and required to explain why the franchise should not be cancelled in spite of the violations they committed to the passenger such as harassment, overcharging of fare, contracting passenger and threatening of passenger. The video only revealed a portion of the altercation and according to Garcia, Catipay threatened to hurt her if she did not leave the cab. Catipay also refused to take a drug test and denied being high on drugs when the incident happened. The matter will be discussed on January 12 to dig deeper into Garcia’s complaint.

Bill of Rights 2152 aims to put a stop on cab drivers who unscrupulously prey on unsuspecting passengers:

“this bill seeks to clearly enumerate and establish the rights of taxi passengers and the responsibilities of taxi drivers and operators. Moreover, it also seeks to support current provisions of the Land Transportation Franchising and Regulatory Board in determining the system and proper avenue for passengers to file their complaints with regard to their rights that are violated. “

Drivers and operators who violate any of the provisions Under Section 3 shall be meted a fine and/or a penalty, depending on the degree of offense:

“a. First Offense. - A minimum fine of Five Hundred Pesos (P500,00) but not to exceed Two Thousand pesos (P2,000.00);

b. Second Offense. -  A minimum fine of One Thousand Pesos (P1,000.00) but not to exceed Five Thousand pesos (P5,000.00);

c. Third and Succeeding Offenses. -   A minimum of Three Thousand pesos (P3,000.00) but not to exceed Ten Thousand pesos (10,000.00) and the suspension of the driver's license and/or the Certificate of public Convenience for a period of one (1) week. “

Aside from the worsening traffic condition in Metro Manila, air pollution is another problem that continues to plague city dwellers. In answer to the growing concern on air pollution, a lawmaker proposed House Bill 6298, which will be in conjunction with Section 46 of Republic Act 8749 or better known as the Philippine Clean Air Act of 1999. The current version aims to penalize both operators and drivers of smoke belching vehicles. The proposed amendment shifts its focus to the operators since the drivers are just employees and they do not have access or proper means for vehicle repairs according to Quezon City Rep. Alfredo Vargas lll.

Vargas also emphasizes the role of operators in repairing or replacing parts that can be detrimental to passing the emission standards. The fines range from 2000 to 6000, and an additional one-year suspension of the motor vehicle registration (MVR) once offense has been committed for the third time. In the proposed amendment, the fines will range from 6000 to 10000 and a one-year suspension of MVR. Vargas also cited that one of the biggest factors Metro Manila continues to have poor air quality is the air pollution from the motor vehicles.

Here’s an overview Sec. 46 of the Philippine Clean Air Act:

SEC. 46. Violation of Standards for Motor Vehicles.- No motor vehicle shall be registered with the DOTC unless   it meets the emission standards set by the Department as provided in Sec. 21 hereof.

Any vehicle suspected of violation of emission standards through visual signs, such as, but not limited to   smoke-belching, shall be subjected to an emission test by a duly authorized emission testing center. For this   purpose, the DOTC or its authorized testing center shall establish a roadside inspection system. Should it be   shown that there was no violation of emission standards, the vehicle shall be immediately released. Otherwise, a testing result indicating an exceedance of the emission standards would warrant the continuing custody of   the impounded vehicle unless the appropriate penalties are fully paid, and the license plate is surrendered to the DOTC pending the fulfillment of the undertaking by the owner/operator of the motor vehicle to make the   necessary repairs so as to comply with the standards. A pass shall herein be issued by the DOTC to authorize   the use of the motor vehicle within a specified period that shall not exceed seven (7) days for the sole purpose   of making the necessary repairs on the said vehicle. The owner/operator of the vehicle shall be required to   correct its defects and show proof of compliance to the appropriate pollution control office before the vehicle   can be allowed to be driven on any public or subdivision roads.

In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on pollution control   management conducted by the DOTC and shall also suffer the following penalties:

    a) First Offense - a fine not to exceed Two Thousand Pesos (P2,000.00);

    b) Second Offense - a fine not less than Two Thousand Pesos (P2,000.00) and not to exceed Four
    Thousand Pesos (P4,000.00); and

    c) Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not less than   Four Thousand Pesos (P4,000.00) and not more than Six thousand pesos (P6,000.00).

Any violation of the provisions of Sec. 21 paragraph (d) with regard to national inspection and maintenance   program, including technicians and facility compliance shall penalized with a fine of not less than Thirty   Thousand Pesos (P30,000.00) or cancellation of license of both the technician and the center, or both, as   determined by the DTI.

All law enforcement officials and deputized agents accredited to conduct vehicle emissions testing and   apprehensions shall undergo a mandatory training on emission standards and regulations. For this purpose,   the Department, together with the DOTC, DTI, DOST, Philippine National Police (PNP) and other concerned   agencies and private entities shall design a training program.

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

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

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

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

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

A raid was conducted on December 21, 2015 on New Bilibid Prison’s maximum security compound. This is already the ninth raid conducted at the Bilibid Prison, but the premise never fails to provide more surprises. While being incarcerated can be very depressing as prisoners are deprived of the freedom that only the outside world offers, discovering two swimming pools and a hidden lounge within New Bilibid Prison’s premise will make you think otherwise. However, the luxurious lifestyle and lavish spending are only experienced by prisoners who have vast amounts of cash.

The raid is a blunt reminder that something needs to be done and while these prisoners continue to enjoy unlimited supply of contraband, people just cannot help but wonder where justice really went or if such really existed. Who wouldn’t be surprised to discover huge quantities of illegal drugs, firearms electronic gadgets, air conditioners, flat-screen TV and other facilities that can provide convenience? The kind of lifestyle that some of these prisoners continue to enjoy is tantamount to staying in a luxurious hotel and other types of accommodation.  How can these be possible when the persons who were appointed to impose discipline are not doing their job? High-profile inmates continue to enjoy luxurious lifestyles while the rest turn green with envy.

The Bureau of Corrections also confiscated hamsters and aquarium fish. According to Rainier Cruz, director of Bureau of Corrections, the BuCor employees are the ones who file requests for the appliances and this is the reason why some of the televisions, freezers and refrigerators bore BuCor equipment stickers.  The New Bilibid Prison violates a vast range of laws including Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002.

The definition of this Act can be found in Section 3.

(a) Administer. – Any act of introducing any dangerous drug into the body of any person, with or without his/her knowledge, by injection, inhalation, ingestion or other means, or of committing any act of indispensable assistance to a person in administering a dangerous drug to himself/herself unless administered by a duly licensed practitioner for purposes of medication.

(b) Board. - Refers to the Dangerous Drugs Board under Section 77, Article IX of this Act.

(c) Centers. - Any of the treatment and rehabilitation centers for drug dependents referred to in Section 34, Article VIII of this Act.

(d) Chemical Diversion. – The sale, distribution, supply or transport of legitimately imported, in-transit, manufactured or procured controlled precursors and essential chemicals, in diluted, mixtures or in concentrated form, to any person or entity engaged in the manufacture of any dangerous drug, and shall include packaging, repackaging, labeling, relabeling or concealment of such transaction through fraud, destruction of documents, fraudulent use of permits, misdeclaration, use of front companies or mail fraud.

(e) Clandestine Laboratory. – Any facility used for the illegal manufacture of any dangerous drug and/or controlled precursor and essential chemical.

(f) Confirmatory Test. – An analytical test using a device, tool or equipment with a different chemical or physical principle that is more specific which will validate and confirm the result of the screening test.

(g) Controlled Delivery. – The investigative technique of allowing an unlawful or suspect consignment of any dangerous drug and/or controlled precursor and essential chemical, equipment or paraphernalia, or property believed to be derived directly or indirectly from any offense, to pass into, through or out of the country under the supervision of an authorized officer, with a view to gathering evidence to identify any person involved in any dangerous drugs related offense, or to facilitate prosecution of that offense.

(h) Controlled Precursors and Essential Chemicals. – Include those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached annex, which is an integral part of this Act.

(i) Cultivate or Culture. – Any act of knowingly planting, growing, raising, or permitting the planting, growing or raising of any plant which is the source of a dangerous drug.

(j) Dangerous Drugs. – Include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the attached annex which is an integral part of this Act.

(k) Deliver. – Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means, with or without consideration.

(l) Den, Dive or Resort. – A place where any dangerous drug and/or controlled precursor and essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or used in any form.

(m) Dispense. – Any act of giving away, selling or distributing medicine or any dangerous drug with or without the use of prescription.

(n) Drug Dependence. – As based on the World Health Organization definition, it is a cluster of physiological, behavioral and cognitive phenomena of variable intensity, in which the use of psychoactive drug takes on a high priority thereby involving, among others, a strong desire or a sense of compulsion to take the substance and the difficulties in controlling substance-taking behavior in terms of its onset, termination, or levels of use.

(o) Drug Syndicate. – Any organized group of two (2) or more persons forming or joining together with the intention of committing any offense prescribed under this Act.

(p) Employee of Den, Dive or Resort. – The caretaker, helper, watchman, lookout, and other persons working in the den, dive or resort, employed by the maintainer, owner and/or operator where any dangerous drug and/or controlled precursor and essential chemical is administered, delivered, distributed, sold or used, with or without compensation, in connection with the operation thereof.

(q) Financier. – Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities prescribed under this Act.

(r) Illegal Trafficking. – The illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation and possession of any dangerous drug and/or controlled precursor and essential chemical.

(s) Instrument. – Any thing that is used in or intended to be used in any manner in the commission of illegal drug trafficking or related offenses.

(t) Laboratory Equipment. – The paraphernalia, apparatus, materials or appliances when used, intended for use or designed for use in the manufacture of any dangerous drug and/or controlled precursor and essential chemical, such as reaction vessel, preparative/purifying equipment, fermentors, separatory funnel, flask, heating mantle, gas generator, or their substitute.

(u) Manufacture. – The production, preparation, compounding or processing of any dangerous drug and/or controlled precursor and essential chemical, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and shall include any packaging or repackaging of such substances, design or configuration of its form, or labeling or relabeling of its container; except that such terms do not include the preparation, compounding, packaging or labeling of a drug or other substances by a duly authorized practitioner as an incident to his/her administration or dispensation of such drug or substance in the course of his/her professional practice including research, teaching and chemical analysis of dangerous drugs or such substances that are not intended for sale or for any other purpose.

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

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

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

 A. Firecrackers:

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

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

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

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

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

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

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

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

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

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

B. Pyrotechnic Devices:

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

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

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

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

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

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

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

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

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

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

(12) Other types equivalent to the foregoing devices.

The oft-quoted statement, “start the year with a bang” should not be taken literally since COMELEC gun ban is almost in effect. As 2016 presidential election draws near, you can almost sense crimes lurking around the corner and some of which are politically motivated.  During the election period, which starts from January 10, 2016 to June 8, 2016, carrying or transporting firearms and deadly weapons are prohibited.

James Jimenez, COMELEC Spokesman also welcomes application for gun ban exemption. Those who are eligible for exemption can simply visit www.comelec.gov.ph to file their applications.

The rules and regulations can also be found in Resolution No. 10015:

“SECTION 1. Prohibited Acts. - During the Election Period:

No person shall bear, carry or transport Firearms or Deadly Weapons outside his residence or place of business, and in all public places, including any building, street, park, and in private vehicles or public conveyances, even if he is licensed or authorized to possess or to carry the same, unless authorized by the Commission, through the CBFSP, in accordance with the provisions of this Resolution;

No person shall employ, avail himself or engage the services of security personnel or bodyguards, whether or not such security personnel or bodyguards are regular members or officers of the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP), other law enforcement agency of the government or from a private security service provider, unless authorized by the Commission, through the CBFSP, in accordance with the provisions of this Resolution;
No person or entity shall transport and deliver Firearms and/or its parts, Ammunition and/or its components, and Explosives and/or its components, unless authorized by the Commission, through the CBFSP, in accordance with the provisions of this Resolution.”

Section 261. Prohibited Acts. - The following shall be guilty of an election offense:

(q) Carrying firearms outside residence or place of business. - Any person who, although possessing a permit to carry firearm/s, carries any firearm/s outside his residence or place of business during the election period, unless authorized in writing by the Commission: Provided, That a motor vehicle, water or air craft shall not be considered a residence or place of business or extension hereof.

This prohibition shall not apply to cashiers and disbursing officers while in the performance of their duties or to persons who by nature of their official duties, profession, business or occupation habitually carry large sums of money or valuables."
The complete details of Resolution No. 10015 can be found on COMELEC’s official website.

When the temporary restraining order (TRO) was served to Uber and GrabCar for new applications, the commuting public was left with a few transportation options. While this is the season for giving and sharing, there are corrupt and abusive taxi drivers who choose to seize the opportunity and commuters who only want to reach their destination in the most convenient way are not spared from falling prey to these taxi drivers’ schemes.
 
These taxi drivers collect fares in excess of the actual amount charged to the passengers. They have lots of lame excuses to deter passengers from getting the exact change. While it is the passenger’s prerogative to give a tip, a taxi driver cannot just prey on these unsuspecting passengers to collect more than the amount due to them.

In response to the perennial complaints from passengers against these unconscionable practices, TaxiKick has been created. The site accepts complaints from passengers who have been scammed by taxi drivers. Once complaints are lodged, the site will forward them to the LTFRB, which takes action on each complaint. The LTFRB will contact complainants to get more information.

The passengers also have the option to follow up on any report they file by sending an email to This email address is being protected from spambots. You need JavaScript enabled to view it. or text/call the LTFRB at 459-2129 or 0921-448-7777.

Proposed acts HB 4016, 2346, 2669, 5107 and 3503 are intended to address growing concerns on taxi drivers’ abusive treatment to passengers.

Here is an overview of one of the house bills being pushed:

“Jurisprudence reveals that a contract of transport of passengers is quite different from any other contractual relationship since it is imbued with public interest. Moreover, it is a policy of the State to protect the interest of passengers, promote their general welfare and establish the strictest standards of conduct for the transportation industry.

Several laws and ordinances have been enacted to safeguard the safety of the commuting public. Traffic enforcers have been deployed in strategic locations to ensure the efficient flow of various forms of public transportation and more importantly, the safety of our commuters.

In relation to this, it is the right of every person to choose whatever means of public transportation he/she prefers. Most of our commuters would choose to take the bus, jeepney, tricycle but for convenience sake, they have also opted to take our railway system (LRT and MRT) to avoid the horrendous traffic in most of our major thoroughfares. Still some for the sake of expediency, have chosen to take the taxi because it saves on time and gets them to their place of disembarkation much faster.

However, passengers are most often than not victims of abusive taxi drivers. Rampant abusive practices by these taxi drivers include the collection of fare in excess of what is due to them. In the event a passenger asks for his/her exact change, the common answer is that they do not have enough coins or this was their first trip.”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In a country where Catholics made up the majority of the population, the priests and other religious leaders often become a moral compass and the proverbial principle: see no evil, hear no evil, speak no evil is tailored to what the priests project.  However, a moral compass can still spin wildly and be out of control. While Padre Damaso is deemed a figment of Jose Rizal’s imagination, any news of sexual abuse involving priests will sure remind you of this fictional character’s omnipresence.  

A few weeks ago, sexual abuse cases involving priests have surfaced and they were made more interesting when 2016 presidential aspirant Rodrigo Duterte claimed he was also sexually abused. The sexual abuse cases are a ticking time bomb waiting to explode. Aside from Duterte, a former student breaks his silence after 30 years and he said he was sexually abused from 1984 to 1987. Without a doubt, the alleged victim dropped a bombshell. 

The country embraces religious diversity as it is also home to various religious sectors, but Roman Catholics are the most vocal when it comes to issues they consider to be a violation of their so-called moral standards. They are against RH bill, abortion and god-knows-what-else. Unfortunately, discovering Jesuits involved in sexual abuse scandal is indeed a living mockery and avid followers just keep a stiff upper lip while the issue is still being investigated. While this case does not put you into situation where you will be damned if you do and you will still be damned if you don't, the society has the right to know the truth. In the past, cases of sexual abuse have never been put on record, but there are already reported cases in 2002 according to Wikipedia. The Society of Jesus in the Philippines has yet to conduct an investigation on the abuses. 

If proven guilty, the Jesuits involved in sexual abuse scandal commit a violation of Republic Act 7610 or better known as the Special Protection of Children Against Abuse, Exploitation and Discrimination Act. 

“Sec. 5. Child Prostitution and Other Sexual Abuse. - Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.

The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:

(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following:

(1) Acting as a procurer of a child prostitute;

(2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means;

(3) Taking advantage of influence or relationship to procure a child as prostitute;

(4) Threatening or using violence towards a child to engage him as a prostitute; or

(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution.

(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period; and

(c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment.”