In this modern day and age, raves and rants are taken to social media and when your post is made available to the public, any defamatory statement can spread like wild fire in just a few clicks. While one can use freedom of speech as an excuse to post anything, it does not give you a license to say something offensive to another person. Libellous statements that can ruin a person’s reputation or image can make you guilty of the crime of libel. 

Just recently, a woman was found guilty of the crime of libel and ordered to pay the sum of 100,000 to the offended party due to malicious posts. Ramada Vallespin admitted to posting defamatory statements and since the posts were set to public, it seems easy for everyone to gain access to the post and hit like, share or comment. 

According to the three witnesses of the aggrieved party, they were able to read Vallespin’s Facebook posts and said the posts where ‘false and highly defamatory’.  The accused did not present any substantial evidence that would vindicate her. The accused party has violated Article 354 of the Revised Penal Code.

"Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following cases:

1. A private communication made by any person to another in the performance of any legal, moral or social duty; and

2. A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or of any statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions."

President Aquino also enacted Republic Act No. 10175, or also referred to as Cybercrime Prevention Act of 2012. The cybercrime offenses mentioned include cybersquatting, child pornography, identity theft, cybersex, libel and illegal access to data.

These cybercrime offenses can be found under Section 4 of Republic Act No. 10175. Now that the law has been implemented, the case of Vallespin definitely serves as a warning to those whose fingers are itching to post on Facebook for the purpose of humiliating and destroying a person’s reputation. While Facebook can provide a perfect avenue for expressions, you are still held responsible for what you post. You may still want to think before you type because you might end up in court for your posts.

Filipinos are known for being family-oriented and this dominant quality is probably one of the reasons a law that exempts family who commit theft, swindling and malicious mischief from criminal liability exists. While it is a dead give-away that Filipinos value their family more than anyone or anything else, can this law be a good reason to promote solidarity in spite of criminal liability of a loved one?

Under Article 332 of the Revised Penal Code, "No criminal liability, but only civil liability shall result from the commission of the crime of theft, swindling, or malicious mischief committed or caused mutually by the following persons:

1.Spouses, ascendants and descendants, or relatives by affinity in the same line;

2.The widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed into the possession of another; and

3.Brothers and sisters and brothers-in-law and sisters-in-law, if living together.

The exemption established by this article shall not be applicable to strangers participating in the commission of the crime."

However, there are still some exceptions to the rule. A family will not be criminally liable for the aforementioned crimes, but the person will still be subject to civil liability. A complex crime will also be treated as one and will be subject to a single criminal prosecution. The exception only applies to a complex crime and not a crime of simple estafa. As mentioned under Article 332 the law only applies to the felonies of theft, malicious mischief and swindling. However, if the crimes that are included in Article 332 are perpetrated with another crime such as estafa, extension will not be applied.  A person still has a criminal liability regardless of his relationship to the offended party. 

The provision’s coverage is only for estafa, simple theft and malicious mischief. This means complex crimes are not covered by such provisions. In one case involving an accused who did not only commit simple estafa but estafa through falsification of public document, the offense’s real nature was identified by the facts presented. As a result, the accused was not given the ability to avail himself of the absolutory cause that is only provided under the exempting law. The law still brings confusion when it comes to exception and if promoting solidarity and harmony is the only reason to deter the offended party from pursuing criminal charges, then it is no longer surprising this law has been considered strange and absurd.

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

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

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

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

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

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

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

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

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

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

“If the employee did not work:

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

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

If the employee worked:

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

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

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

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

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

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

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

Anti-corruption advocates were quite disappointed when Makati Mayor Jejomar Erwin “Junjun” Binay Jr. invoked the Aguinaldo doctrine, questioning his order of suspension last March. The decision was made by Ombudsman Conchita Carpio Morales. The Makati Mayor claimed that he was no longer held responsible nor liable for the construction of Makati Science High School Building (MSHSB) because such liability has already been rendered ineffective by his reelection in 2013.  The same doctrine was used for defending himself against anomalous and shady transaction involved in the construction of the Makati City Hall Parking Building II. Perhaps, the existence of Aguinaldo Doctrine has been misused and abused by politicians who still aspire to run for 2016 elections in spite of pending administrative cases. 

The Aguinaldo doctrine removes the elected officials’ liabilities for administrative offenses that were committed in previous terms once they are reelected. It is so easy for elected officials to evade liabilities so long as they are reelected into office. The doctrine also emphasizes that the law only applies to administrative cases. If elected official has a pending criminal case, the acts will not be pardoned and the judicial processes will push through. Anti-corruption advocates believe that scrapping this doctrine can reduce graft and corruption in the country. 

As stated in the doctrine: “Offenses committed, or acts done, during a previous term are generally held not to furnish cause for removal and this is especially true were the Constitution provides that the penalty in proceeding for removal shall not extend beyond the removal from office, and disqualification from holding office for a term for which the officer was elected or appointed.”

“The Court should ever remove a public officer for acts done prior to his present term of office. To do otherwise would be to deprive the people of their right to elect their officers. When a people have elected a man to office, it must be assumed that they did this with knowledge of his life and character, and that they disregarded or forgave his fault or misconduct, if he had been guilty of any. It is not for the court, by reason of such fault or misconduct, to practically overrule the will of the people. (Lizares v. Hechanova, et al., 17 SCRA 58, 59-60 [1966]) (See also Oliveros v. Villaluz, 57 SCRA 163 [1974])”

“Equally without merit is petitioner's claim that before he could be suspended or removed from office, proof beyond reasonable doubt is required inasmuch as he is charged with a penal offense of disloyalty to the Republic which is defined and penalized under Article 137 of the Revised Penal Code. Petitioner is not being prosecuted criminally under the provisions of the Revised Penal Code, but administratively with the end in view of removing petitioner as the duly elected Governor of Cagayan Province for acts of disloyalty to the Republic where the quantum of proof required is only substantial evidence.”

The alarming increase of bullet planting scam cases is indeed an unsettling news knowing the fact that anyone can be caught carrying bullets in their bags. A plethora of speculations have been heard but the truth remains in the dark. It is just another blame game that almost everyone can play at. While authorities are investigating on this matter, people just cannot help putting the blame on anyone who has access to their luggage. Anyone can be a suspect: the guards, taxi drivers, airport security personnel and porters. 

While the case remains unsolved, the livelihood of those who are working in and around the airport is also at risk. Passengers are also creating their own safety measures to avoid falling prey to the bullet planting scheme. Without a doubt, the luggage wrapping services at NAIA are becoming a lucrative business considering the fact that many passengers have become more vigilant.

Passengers who are caught carrying live bullets or ammunition in their bags violate Republic Act No. 10591 or the Comprehensive Firearms and Ammunition Regulation Act, which states that “It is the policy of the State to maintain peace and order and protect the people against violence. The State also recognizes the right of its qualified citizens to self-defense through, when it is the reasonable means to repel the unlawful aggression under the circumstances, the use of firearms. Towards this end, the State shall provide for a comprehensive law regulating the ownership, possession, carrying, manufacture, dealing in and importation of firearms, ammunition, or parts thereof, in order to provide legal support to law enforcement agencies in their campaign against crime, stop the proliferation of illegal firearms or weapons and the illegal manufacture of firearms or weapons, ammunition and parts thereof.”

The bullet planting cases in 2015 has a total of 1394 and still counting. While there are some passengers who admit to carrying live bullets in their bags due to superstition, others are completely clueless how the bullets got in their bags.  There are lingering questions that remain unanswered and this issue will continue to be a guessing game for everyone unless the people who are responsible for this bullet planting scheme is incarcerated. 

There are political figures who have already offered legal aid to the victims. If abuse of power and extortion are the reasons for the prevalence of bullet planting, the passengers must also consider safety measures for their protection. 

In the event an official claims to find a bullet in a passenger's bag, the passenger has the right to delay immediate opening of the bag, summon presence of the official’s supervisor and obtain lawyer’s presence or third party witnesses.  Keep in mind that no officer can force you to be a witness against yourself. If you are coerced into admitting ownership of the planted bullet, you have the right to remain silent. Any admission without the presence of a lawyer is considered inadmissible in court. If you are required to pay in exchange of your freedom, simply refer to Section 9 of the Republic Act No. 3019 or Anti Graft and Corrupt Practices Act.

“Penalties for violations. (a) Any public officer or private person committing any of the unlawful acts or omissions enumerated in Sections 3, 4, 5 and 6 of this Act shall be punished with imprisonment for not less than one year nor more than ten years, perpetual disqualification from public office, and confiscation or forfeiture in favor of the Government of any prohibited interest and unexplained wealth manifestly out of proportion to his salary and other lawful income.”

If you happen to come across Article 333 and 334 of the Revised Penal Code, you will realize that gender inequality is evident even in our Penal Law. Proving women of committing a crime of adultery is not a daunting task as proof of sexual intercourse between the married woman and another man will suffice. Once the husband charges the offending parties with adultery, they can carry a penalty of two to six years if found guilty. 

“Art. 333. Who are guilty of adultery. — Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void.

Adultery shall be punished by prision correccional in its medium and maximum periods.

If the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed.”

“Art. 334. Concubinage. — Any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place, shall be punished by prision correccional in its minimum and medium periods.

The concubine shall suffer the penalty of destierro.”

The husband can only get convicted for a crime of concubinage if and only if the wife has proven that her husband has been keeping a mistress in the conjugal dwelling or if he has been found to have sexual intercourse with a woman other than his wife under scandalous circumstances. The wife can also file charges if the husband has been cohabiting with the mistress in any other place.

However, the husband will only serve a sentence of six months to four years when convicted while his mistress would only receive banishment, which is also referred to as destierro. When a mistress is sentenced to destierro, she will be prohibited from entering the place or places designated in the sentence, or within the radius designated. She should keep a distance of at least 25 kilometers, and 250 kilometers at most from the place designated. 

If the offended spouse has pardoned the offenders, the criminal charge cannot prosper. Pardon can either be expressed or implied. An expressed pardon refers to writing an affidavit that the offended party is pardoning his or her spouse for his or her act. If the offended spouse chooses to continue living with the offender even after the offense has been committed, this will be considered an implied pardon.

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. 

In some States in the US, marijuana has already been legalized. One of the merits for its legalization is its ability to provide relief for various neuropathic diseases such as multiple sclerosis and Alzheimer’s. It can also treat epileptic seizures and loss of appetite after a person with AIDS or HIV undergoes chemotherapy or following treatment. 

Selling or using marijuana is a criminal offense under the Dangerous Drugs Act of 2002. However, it is also highlighted in Section 2 of the Act that: “The government shall however aim to achieve a balance in the national drug control program so that people with legitimate medical needs are not prevented from being treated with adequate amounts of appropriate medications, which include the use of dangerous drugs.

It is further declared the policy of the State to provide effective mechanisms or measures to re-integrate into society individuals who have fallen victims to drug abuse or dangerous drug dependence through sustainable programs of treatment and rehabilitation.”

The bill that seeks to legalize the use of cannabis or marijuana for medical treatment is known as the Compassionate Use of Medical Cannabis Act. 

Section 2 of this act states that “the State shall legalize and regulate the medical use of cannabis which has been confirmed to have beneficial and therapeutic uses to treat chronic or debilitating disease or medical condition that produces one or more of the following: cachexia or wasting syndrome; severe and chronic pain; severe nausea; seizures, including but not limited to those characteristic of epilepsy; or severe and persistent muscle spasms, including but not limited to those associated with multiple sclerosis.”

Before marijuana can be prescribed to a patient, it is necessary that a licensed physician provides a complete assessment of the patient’s medical history. The patient’s current medical condition will also be examined and this includes personal physical examination and diagnostic. This is to determine if the patient’s medical condition is debilitating. This is stated on SEC 3 of the Act under Definition of Terms.

The main concern of those who oppose the legalization of marijuana in the Philippines is its ability to provide easy and quick access to those who use and sell it.

The author of this bill has seen this coming. This is why Section 5 outlines the Act’s Power and Functions. One of the powers and functions of this act include: “Approve the recommendation made by the certifying doctor who has a bona fide relationship with the patient that, after completing a medical assessment of the patient’s medical history and current medical condition, including an appropriate personal physical examination, in his professional medical opinion, a patient is suffering from a debilitating medical condition, and is likely to receive therapeutic or palliative benefit from the medical use of cannabis.”

When a man is liable for a crime of rape, forgiveness can be obtained through marriage. This can be found in Article 266 of the Anti-Rape Law of 1997 or the Republic Act No. 8353. Now, if your head is in the clouds, let us first take a good look at what the Anti-Rape Law of 1997 is all about. 

Chapter 3, Article 266-A defines when and how a crime of rape is committed. 

1. By a man who shall have carnal knowledge of a woman under any of the following circumstances:

a. Through force, threat, or intimidation;

b. When the offended party is deprived of reason or otherwise unconscious;

c. By means of fraudulent machination or grave abuse of authority; and

d. When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. 

Pardon or forgiveness can be given to the offender once marriage takes place. Under Article 266-C, Effect of Pardon, in case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty: Provided, that the crime shall not be extinguished or the penalty shall not be abated if the marriage is void ab initio.

With this law, it is a case of forgive and forget. Unfortunately, forgiveness can be elusive especially when the criminal act has left a very deep wound, that scars become a reminder of such an unpleasant experience. As they say, it is easier said than done. 

Rape becomes a violent crime not only because of the force applied but also due to the fact that sexual act is committed against the will of the offended party. The problem with this law is that it sets aside other issues associated with rape. One important point is missing and the fact that a vast range of abuses such as physical, psychological and sexual can take place over a period of time while the offender and the offended party are living under one roof makes the law more open to question. 

Women who are victims of rape become held prisoner of repeated abuse and violence. Marriage only makes the situation worse for women by allowing them to be trapped in such a vicious cycle. Rape victims are traumatized and have difficulty coping. Filing criminal charges against their offenders is difficult let alone marrying the offender.  Sadly, myths about rape have not yet been completely debunked. 

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

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

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

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

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

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

In a country where moral standards are high, the mere mention of abortion is considered a taboo topic. There are mixed views on abortion, but most of which are against the idea of legalizing the act. If a medical practitioner is found guilty of carrying out abortion, he or she has to face criminal charges. 

Not only does the Philippine law deter women from considering abortion but religious sectors as well. Is it really about time law makers consider the merits of legalizing abortion? 

There are countries that are still not open to the legalization of abortion, and Philippines is one of them. Due to the social stigma, women resort to self-induced abortion, which is considered unsafe and dangerous. 

There are cases when abortion is considered necessary especially if the pregnant woman’s health is at risk. For instance, ectopic pregnancy requires surgery as a means of saving a woman’s life. So long as therapeutic abortion is banned in the country, more and more women continue to subject themselves to dangerous measures. 

For instance, pregnant women who are well aware of the criminal law on abortion refuse to be hospitalized for the fear of getting imprisoned if found that they have undergone unsafe abortion. This is why there is a dramatic increase in the number of women who choose to risk their health and lives.

These women continue to receive moral punches and will be stigmatized for the rest of their lives because of the country’s legal and moral boundaries.

Other countries allow therapeutic abortion when:

• pregnancy is the result of incest or rape;

• the pregnant woman suffers from a medical condition that is life or health threatening such as eclampsia, diabetes, hypertension and cancer. 

• pregnancy is at risk of fetal impairment causing the baby to develop mental or physical defects or die after birth.

Under the Philippine law, abortion has been considered a crime since 1930. Whether abortion is intentional or unintentional, anyone who carries out abortion is said to commit the crime. Even physicians and midwives who perform abortions in the Philippines may be charged of a crime, which can result in six years in prison under the Revised Penal Code. They are still going to be subject for criminal punishments. These are also supplemented by separate laws, prescribing sanctions if medical practitioners including doctors, pharmacists and midwives participated in the process of abortion.

Legalizing abortion in the Philippines is far from happening as there are still various factors that need to be taken into consideration. While the country is still firm in banning abortion, women will continue to endure life-threatening pregnancies and resort to measures that deviate from the medical standards.

In the Philippines, the government agencies are divided into three branches: the Legislative Branch, the Executive Branch and the Judicial Branch. We are already familiar with some of the National Agencies, but others may seem foreign to us. These agencies can become part and parcel of our lives. We may get ourselves into a situation that require assistance from them. This is why obtaining some information about government agencies pays off. 

We may not have the luxury of time to read deep as we often find ourselves skimming through the web pages, but getting quick access to these agencies can make a huge difference. 

The Legislative Department

The Congress of the Philippines which consists of the Senate and House of the Representatives has legislative power. It is composed of sectoral and district representatives who are elected for a term of three years. Although these representatives can be re-elected, they are not allowed to run for a fourth consecutive term. 

• Senate of the Philippines
• House of Representatives

The Executive Department 

The President of the Philippines has executive power. At present, it is headed by President Benigno Aquino lll of the Liberal Party. The President is also considered the Commander-in-Chief of the Armed Forces of the Philippines. Vice President Jejomar Binay is second highest official of the United Alliance, catapulted to his current position by popular vote. As a  general rule, the Vice President is the first in line in terms of succession in the event the President resigns, dies or is impeached. 

• Office of the President
  

• Office of the Vice-President
  
  
• Department of Agrarian Reform
  
  
• Department of Agriculture
  
  
• Department of Budget and Management
  
  
• Department of Education
  
  
• Department of Energy
  
  
• Department of Environment and Natural Resources
  
  
• Department of Finance
  
  
• Department of Foreign Affairs
  
  
• Department of Health
  
  
• Department of the Interior and Local Government
  
  
• Department of Justice
  
  
• Department of Labor and Employment
  
  
• Department of National Defense
  
  
• Department of Public Works and Highways
  
  
• Department of Science and Technology
  
  
• Department of Social Welfare and Development
  
  
• Department of Tourism
  
  
• Department of Trade and Industry
  
  
• Department of Transportation and Communications
  
  
• Presidential Communications Development and Strategic Planning Office
  
  
• Presidential Communications Operations Office
  
  
• National Economic and Development Authority
  
  
• Other Executive Offices 

The Judicial Department 

The Supreme Court of the Philippines and the lower courts established by law have judicial power. The Supreme Court has a Chief Justice and 14 Associate Justices. The President appoints the justices on the recommendation of the Judicial Bar and Council of the Philippines. 

• Supreme Court of the Philippines
  
  
• Court of Appeals
  
  
• Court of Tax Appeals
  
  
• Sandiganbayan

Have you been screening your phone calls to avoid collectors who are constantly nagging you to settle your unpaid credit card balance? Have you been threatened to face a lawsuit if you fail to repay a lender? If incessant calls from creditors caused you to be allergic to phone calls, being armed with the basic principles of the consequences for non-payment of debt can give you greater peace of mind. In fact, it can be a whiff of fresh air if you heard the statement that no one will end up in jail for non-payment of debt. 

Before you allow paranoia to feast on you, know more about the laws associated with unsettled debt.

Some common laws that are said to violate the constitutional prohibition against non-imprisonment of debt:

Credit Cards

The Access Devices Regulation Act of 1998 (RA. 8484) states that any person who obtains the money or anything that is valuable with the use of an access device with the sole intent to defraud or with intent to gain and fleeing once motive has been executed will be held liable for a crime punishable with a fine and imprisonment. In addition, a cardholder who intentionally abandons the residence, place of employment or business that was declared on the application or credit card without informing the credit card company of the current place where he could be reached will also be liable for a crime. If during the abandonment, the person has outstanding and unpaid balance which is past due for at least 90 days and is more than P10,000.00, the individual shall be prima facie presumed to have used his access device or credit card with intent to defraud.

Bouncing Checks 

Bouncing Checks Law (BP22) has also been viewed as a violation of constitutional prohibition against non-imprisonment for debt. In the context of this law, the non-payment of an obligation is not its main concern. The law is not designed to force a debtor to settle his debt. The main purpose of the law is to prevent anyone with the gumption to make checks that don’t have any value with the intention of putting them in circulation. Checks have become a substitute for cash and widely accepted as a medium of payment especially in trade and commerce and when the confidence of using these checks are marred due to its misuse, its value and usefulness will also be diminished. 

Trust Receipts

Trust receipts and bouncing checks share the same argument based on the Trust Receipts Law (PD 115), which states, if a person fails to turn over the proceeds of the sale of goods which are considered covered by a trust receipt or if the person fails to return said goods if they have not been sold, penal sanctions shall be imposed. The punishment is due to the abuse of confidence and dishonesty in the handling of goods or money.

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

Who are considered night workers?

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

The coverage of the amendments under R.A. 10151

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

Health assessment

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

Employees Who Are Deemed Unfit For Night Work 

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

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

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

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

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

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

Premature Campaigning And Its Considerations

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

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

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

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

With the pervasiveness of bullying at schools, more and more parents are concerned about their children’s safety since teachers are not always present to keep an eye on students. Children are not safe from harm against bullies especially when they are outside of the school’s premise. The growing number of bullying cases is already a cause for alarm. The Republic Act No. 10627 or also known as the Anti Bullying Act of 2013 addresses this concern among parents, teachers and even students who are considered victims of bullying. The anti-bullying act ensures that these cases will no longer fall on deaf ears. 

What is bullying?

Bullying refers to any repeated or severe use by one or more students of a verbal, electronic or written expression, or a physical gesture or act that can bring physical or emotional harm to the victim. Bullying is also perceived as creating an unfriendly environment for the other student that can cause disruption in the education process. 

The following is considered acts of bullying: 

a. Any unwanted physical contact between the victim and the bully such as pushing, shoving punching, tickling, headlocks, slapping, teasing, fighting, inflicting school pranks and the use of available objects or weapons;

b. Any act that can create damage to a victim’s emotional well-being;

c. Any accusation that can make the victim emotionally distressed such as profanity, foul language, negative comments or derogatory remarks on the victim’s appearance, body and clothes; and 

d. Cyber-bullying or any type of bullying that is initiated with the use of technology or any electronic means. 

Procedures and strategies for bullying:

• Report acts of bullying;

• Respond in a timely manner and investigate reports of bullying;

• Ensure victim’s safety and assess if they need additional protection;

• Provide counseling and other necessary services for the victims, perpetrators and family members.

• Allow students to anonymously report bullying provided, that no disciplinary administrative action will be taken against the reported student based       solely on the anonymous report;

• Provide sanction to a student who makes false accusation of bullying;

• Educate students on the anti-bullying policies and dynamics of bullying;

• Educate parents and guardians about the anti-bullying polices, dynamics of bullying and how parents and guardians can provide support and reinforce policies at home; and

• Keep a public record of statistics and relevant information on acts of bullying. However, the names of the students who were reported to have committed the acts of bullying must be treated with confidentiality and will only be made available to the teachers and school administration that are directly responsible for the said students and parents or guardians of the victims of bullying.

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

Libel In A Nutshell 

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

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

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

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

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

The four elements of libel:

• The imputation must be malicious;

• The imputation must be defamatory;

• The imputation must be made publicly;

• The offended party must be identifiable. 

Retraction And The Action For Libel

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

When filing a petition for annulment, several grounds will be looked into in order to find out whether or not such grounds carry weight that will strengthen the case. Infidelity is one of the most common reasons for filing a case, but it is not considered a ground for annulment. Infidelity can only be an acceptable basis for legal separation or filing a case for concubinage or adultery. In fact, infidelity cannot be used as a sole deciding factor in granting custody over a child. 

Under Revised Penal Code, Article 333, adultery refers to an extra marital relationship of a woman to a man other than her husband even if the man is well aware that the she is already married. A crime of adultery is committed for each sexual intercourse that takes place.

Under Article 334 of the Revised Penal Code or RPC, concubinage refers to the cohabitation of a married man with a mistress in the same or conjugal dwelling or an involvement of a married man with a woman who is not his wife in any other place. The sexual intercourse of the married man to the concubine took place under scandalous circumstance. 

Adultery VS Concubinage 

• Adultery is committed by a wife and should be charged together with the other man, while concubinage is committed by a husband and should be charged together with the other woman or concubine. 

• In adultery, a proof of sexual intercourse will suffice to file a case. On the other hand, concubinage cannot be pursued without proving that the sexual intercourse happened under scandalous circumstances. The case can be passed off as concubinage if cohabitation happens in the conjugal dwelling or in any other place. 

• Concubinage has lower penalty than adultery and the concubine’s penalty is only destierro, which refers to banishment or prohibition from residing within the accused party’s actual residence. The distance should be within the radius of 25 kilometers and banishment will be given for a specified length of time. In adultery the penalty for the man is the same as that of the guilty wife. 

The spouse who has been offended is the only person entitled for filing the action for concubinage or adultery provided, the marital status is present at the time the case was filed. The parties that will be prosecuted, if found guilty should be the offending spouse and the paramour, if both are still alive. 

If the offended spouse has pardoned the offenders, the case cannot be pursued and the criminal charge cannot prosper. Pardon can be implied or express. Express pardon is done in writing and serves as an affidavit that the offenders are pardoned for their act. The implied pardon is when the offended party chooses to live with his or her spouse, even after the offense’s commission. Pardon should be obtained or given before the criminal action’s institution.

With prime commodities going nowhere but up, wage increase has been in demand. However, the increase in the wage involves a process to determine how much the employee is going to receive. This is where the Wage Order comes in.  The Regional Board is going to gather pertinent facts following certain criteria and standards. With these facts, the board shall determine whether or not a Wage Order will be issued. The Wage Order fixes the wage in the region. The Wage Order covers private employees but not government employees. It should commence after 15 days from the completion of at least one newspaper publication. This is under Art. 123, Labor Code, which was amended by Republic Act RA 6727 or also referred to as the Wage Rationalization Act. 

When does wage increase take effect?

Only one wage increase is allowed every year hence, a wage order will only be issued once a year. If a wage increase is requested within the 12-month period, it shall not be entertained. However, there is an exception to the rule, following the supervening condition. For instance, if there is a drastic increase in the prices of basic goods and services or petroleum products, the wage increase within the 12-month period may be considered. The Regional Wage Boards will determine supervening condition’s existence and will be confirmed by the National Wages and Productivity Council (NWPC). The Regional Wage Boards is responsible for determining and fixing minimum wage rates applicable in their provinces, regions or industries. 

A Wage Order cannot be issued without a public hearing or consultation being conducted. Employees and employers’ provincial, city, groups and municipal officials will be given notices as well. 

The Criteria For Fixing The Minimum Wage

There are relevant factors that must be considered before the increase in the wage takes effect:

• Standards of living improvements;

• The increase in the cost of living;

• Living wages demands;

• Adjustment on wage based on the consumer price index;

• The needs of workers and their families;

• Effects on family income and employment generation;

• The wage levels;

• The demand for inducing industries to invest in the countryside; and

• The income’s equitable distribution.

Both the employer and the employee must observe the minimum wage that was provided in the Wage Order. The employer is prohibited to pay an amount that is lower than amount stipulated in the Wage Order and the employee cannot demand an amount higher than the amount fixed in the Wage order. In some cases, freedom to bargain is allowed in particular enterprises and firms.