If you have made a purchase of a parcel of land and found out that the contract has not been notarized, can the contract be considered invalid? The notarization of a contract is not required to prove its validity. As stated in Article 1356 of the Civil Code, contracts are deemed obligatory and it should meet the essential requisites that will prove its validity.

Art. 1356. Contracts shall be obligatory, in whatever form they may have been entered into, provided all the essential requisites for their validity are present. However, when the law requires that a contract be in some form in order that it may be valid or enforceable, or that a contract be proved in a certain way, that requirement is absolute and indispensable. In such cases, the right of the parties stated in the following article cannot be exercised.

It has also been specified under Article 1318 that notarization is not one of the requirements for preparing a contract.

Art. 1318. There is no contract unless the following requisites concur:

    (1) Consent of the contracting parties;

    (2) Object certain which is the subject matter of the contract;

    (3) Cause of the obligation which is established.

However, the notarization converts a contract into a public document. While it is not required, it is suggested that contracts involving land must be notarized as specified under Article 1358 of the Civil Code.

Art. 1358. The following must appear in a public document:

(1) Acts and contracts which have for their object the creation, transmission, modification or extinguishment of real rights over immovable property; sales of real property or of an interest therein a governed by Articles 1403, No. 2, and 1405;

(2) The cession, repudiation or renunciation of hereditary rights or of those of the conjugal partnership of gains;

(3) The power to administer property, or any other power which has for its object an act appearing or which should appear in a public document, or should prejudice a third person;

(4) The cession of actions or rights proceeding from an act appearing in a public document.

If you will undergo the registration process, the deed of sale should be notarized according to Section 112 of the Property Registration Decree.

Section 112. Forms in conveyancing. The Commissioner of Land Registration shall prepare convenient blank forms as may be necessary to help facilitate the proceedings in land registration and shall take charge of the printing of land title forms.

Deeds, conveyances, encumbrances, discharges, powers of attorney and other voluntary instruments, whether affecting registered or unregistered land, executed in accordance with law in the form of public instruments shall be registerable: Provided, that, every such instrument shall be signed by the person or persons executing the same in the presence of at least two witnesses who shall likewise sign thereon, and shall acknowledged to be the free act and deed of the person or persons executing the same before a notary public or other public officer authorized by law to take acknowledgment. Where the instrument so acknowledged consists of two or more pages including the page whereon acknowledgment is written, each page of the copy which is to be registered in the office of the Register of Deeds, or if registration is not contemplated, each page of the copy to be kept by the notary public, except the page where the signatures already appear at the foot of the instrument, shall be signed on the left margin thereof by the person or persons executing the instrument and their witnesses, and all the ages sealed with the notarial seal, and this fact as well as the number of pages shall be stated in the acknowledgment. Where the instrument acknowledged relates to a sale, transfer, mortgage or encumbrance of two or more parcels of land, the number thereof shall likewise be set forth in said acknowledgment.

If you have already made your last will and testament and decided to make some changes, do you need to follow the same requirements as the old will? In most cases, creating a new will can still be considered invalid if it does not meet the conditions under Article 830. Creating a new will does not automatically revoke the old will.

The old will can be still be considered operative if there is no valid revocation of a will by a subsequent will. This means that the subsequent will should comply with the formal requirements in terms of executing it. The maker of the will must have testamentary capacity and the subsequent will should contain express revocatory clause which shows incompatibility with the old will.

You must clearly express your intention to replace your old will. It should also specify your intention to revoke it. The subsequent will must also be probated by Court as this is still part of the requirement.

SUBSECTION 6. - Revocation of Wills and Testamentary Dispositions

Art. 828. A will may be revoked by the testator at any time before his death. Any waiver or restriction of this right is void. (737a)

Art. 829. A revocation done outside the Philippines, by a person who does not have his domicile in this country, is valid when it is done according to the law of the place where the will was made, or according to the law of the place in which the testator had his domicile at the time; and if the revocation takes place in this country, when it is in accordance with the provisions of this Code. (n)

Art. 830. No will shall be revoked except in the following cases:

    (1) By implication of law; or

    (2) By some will, codicil, or other writing executed as provided in case of wills; or

    (3) By burning, tearing, cancelling, or obliterating the will with the intention of revoking it, by the testator himself, or by some other person in his presence, and by his express direction. If burned, torn, cancelled, or obliterated by some other person, without the express direction of the testator, the will may still be established, and the estate distributed in accordance therewith, if its contents, and due execution, and the fact of its unauthorized destruction, cancellation, or obliteration are established according to the Rules of Court. (n)

Art. 831. Subsequent wills which do not revoke the previous ones in an express manner, annul only such dispositions in the prior wills as are inconsistent with or contrary to those contained in the latter wills. (n)

Art. 832. A revocation made in a subsequent will shall take effect, even if the new will should become inoperative by reason of the incapacity of the heirs, devisees or legatees designated therein, or by their renunciation. (740a)

Art. 833. A revocation of a will based on a false cause or an illegal cause is null and void. (n)

Art. 834. The recognition of an illegitimate child does not lose its legal effect, even though the will wherein it was made should be revoked.

The digital era, where anyone can bask in the glory of anonymity, has proven that thoughts indeed travel faster than the speed of light. What used to be a cosmic phenomenon has now been a virtual phenomenon. Everyone yearns to enjoy freedom of speech, but when is too much, too much?

Now that the Cybercrime Prevention Act of 2012 or the Republic Act 10175 has been strengthened, it has also tightened its grip on people violating the law. Andre Philippe LaFlamme, an American national has been found guilty of online libel due to his caustic remarks against his colleague in 2014.

LeFlamme's Facebook posts from 2014 through 2016 pointed to one direction: defaming plaintiff Quennie Samane. A P120,000 bail has already been set to grant LaFlamme's temporary freedom. The posts contained derogatory remarks that tainted the plaintiff's good reputation.

One post showed a photograph of Samane with the heading "I'd do anything for money." Aside from the case of online libel LaFlamme has yet to face another complaint due to threatening other employees. 

The prosecutor will file a warrant of arrest after LaFlamme failed to submit his counter-affidavit.

The violation that LaFlamme committed falls under Article 353, 354 and 355 of the Revised Penal Code.

ART. 353. Definition of libel. — A libel is a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.

ART. 354. Requirement for publicity. — 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:

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

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.

ART. 355. Libel by means of writings or similar means. — A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prisión correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party.

The case is also in relation to the Cybercrime Prevention Act of 2012

(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.

What should you do if you are unable to pay your hospital bills? Does the hospital administrator have the right to detain a patient for non-payment?

Getting sick is now considered a luxury because of the expenses that it incurs once you get hospitalized. It puts a dent in your wallet as you need to pay for the hospitalization bills. When you are unprepared for this type of emergency situation, it might seem difficult to get out of it without facing the serious consequences especially if it involves money.

There are many stories involving patients who are prohibited to leave the hospital premises unless they settle the unpaid hospital bill. Patients are left with no choice but to follow the rules. However, there is a better way to settle matters such as executing a promissory note. This should be secured by a guarantee of a co-maker or a mortgage.

This action is in accordance with the Republic Act No. 9439.

AN ACT PROHIBITING THE DETENTION OF PATIENTS IN HOSPITALS AND MEDICAL CLINICS ON GROUNDS OF NONPAYMENT OF HOSPITAL BILLS OR MEDICAL EXPENSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. It shall be unlawful for any hospital or medical clinic in the country to detain or to otherwise cause, directly or indirectly, the detention of patients who have fully or partially recovered or have been adequately attended to or who may have died, for reasons of nonpayment in part or in full of hospital bills or medical expenses.

SEC. 2. Patients who have fully or partially recovered and who already wish to leave the hospital or medical clinic but are financially incapable to settle, in part or in full, their hospitalization expenses, including professional fees and medicines, shall be allowed to leave the hospital or medical clinic, with a right to demand the issuance of the corresponding medical certificate and other pertinent papers required for the release of the patient from the hospital or medical clinic upon the execution of a promissory note covering the unpaid obligation. The promissory note shall be secured by either a mortgage or by a guarantee of a co-maker, who will be jointly and severally liable with the patient for the unpaid obligation. In the case of a deceased patient, the corresponding death certificate and other documents required for interment and other purposes shall be released to any of his surviving relatives requesting for the same: Provided, however, That patients who stayed in private rooms shall not be covered by this Act.

SEC. 3. Any officer or employee of the hospital or medical clinic responsible for releasing patients, who violates the provisions of this Act shall be punished by a fine of not less than Twenty thousand pesos (P20,000.00), but not more than Fifty thousand pesos (P50,000.00), or imprisonment of not less than one month, but not more than six months, or both such fine and imprisonment, at the discretion of the proper court.

SEC. 4. The Department of Health shall promulgate the necessary rules and regulations to carry out the provisions of this Act.

Cleaner air, healthier people.

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

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

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

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

Republic Act 9211

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

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

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

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

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

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

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

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

According to Article 41 of the Family Code:

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

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

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

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

2. That the present spouse wishes to remarry.

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

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

You lost your job.

A family member got hospitalized causing you to use the money intended for paying rent.

You will certainly agree that being faced with financial issues is stressful. Every tenant has encountered problems with paying rent on time or in full. It is no secret. The mere fact that your landlord will penalize you for paying late is enough to cause panic.

The good news is, you can still deal with late rent payments.

Arrange A Partial Rent Payment

Being evicted is the last thing you want to happen, but rules are rules. There is still something you can do to avoid eviction and that is to negotiate a partial or delayed rent payment. Do not wait for your landlord to remind you of the payment you failed to make. Be proactive and inform your landlord that can't afford to pay rent this month. The mere fact that you made an effort to inform them is a sign of your willingness to settle delayed rent payment.

Keep in mind that delayed payment can also affect your landlord in more ways than one. What if the payment will be used for paying the utility bills? What if the payment will be intended for paying their kids' tuition fees? Giving your landlord a written assurance that you are going to pay the full rent will give both parties peace of mind.

First, you need to ask your landlord in writing to give you a few extra days or weeks to settle the payment. You will need to explain why you are having difficulties making a timely payment.

If it is possible, you can offer to pay at least some of the rent on time. Your landlord also needs an assurance that you will deliver what you have promised so a written agreement will be deemed necessary. Be sure to indicate the date and keep your promise. As a rule of thumb, late payment will also incur late fee. Be sure to be prepared for it.

The Problem Will Not Go Away Unless You Do Something About it

If you are tempted to ignore the problem, thinking that it will just go away, you may have to think twice.

Your landlord keeps a record of the payment tenants made. This means they can easily track late payments. You will not solve the problem if you will develop a habit of ignoring reminders through emails or phone calls. Not cool.

Sending A Check You Know Will Bounce Is A Big No-No!

If you are toying with the idea of sending a bad check, it is estafa hiding in plain sight, a lawsuit that is waiting to happen. Instead of solving the problem, you are only fueling your landlord's anger. A bounced check only worsens your problem as the landlord may be left with no choice but to terminate your tenancy.

If you have been a good tenant, asking a small favor from your landlord won't hurt. Once you have made a rent payment, make it a habit to pay on time.

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

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

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

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

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

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

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

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

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

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

When it comes to correcting clerical or typographical errors in an entry in the Civil Registry, you have to go through long procedures that will even make a dent in your pocket. This problem with costly and tedious procedures have already been addressed by Republic Act. No. 9048. This act authored by Rep. Magtanggol Gunigundo is known as Clerical Error Law. This legislation allows you to correct typographical errors without court intervention. The law removes the burden of the old procedure in correcting clerical errors such as wrong spelling from marriage, birth and even death certificates.

Republic Act No. 9048

No entry in a civil register shall be changed or corrected without a judicial order, except for clerical or typographical errors and change of first name or nickname which can be corrected or changed by the concerned city or municipal civil registrar or consul general in accordance with the provisions of this Act and its implementing rules and regulations.

Any person having direct and personal interest in the correction of a clerical or typographical error in an entry and/or change of first name or nickname in the civil register may file, in person, a verified petition with the local civil registry office of the city or municipality where the record being sought to be corrected or changed is kept.

(1) The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely difficult to write or pronounce.

(2) The new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that by that first name or nickname in the community: or

(3) The change will avoid confusion.

The petition shall be supported with the following documents:

(1) A certified true machine copy of the certificate or of the page of the registry book containing the entry or entries sought to be corrected or changed.

(2) At least two (2) public or private documents showing the correct entry or entries upon which the correction or change shall be based; and

(3) Other documents which the petitioner or the city or municipal civil registrar or the consul general may consider relevant and necessary for the approval of the petition.

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

Amount and payment of 13th Month Pay

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

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

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

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

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

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

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

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

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

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

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

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

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

7.  Non-inclusion in Regular Wage.

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

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

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

Implementing Rules And Regulations

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

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

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

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

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

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

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

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

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

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

They say, "stick and stones may break my bones, but words will never hurt me". Words can hurt people and can scar them for life. When a person becomes a victim to the throes of another person's anger, hurtful words become a powerful weapon that pierces through the soul. Some would simply shrug these off, but if words have already tainted one's reputation, honor or character, the matters are taken to court. Libel, oral defamation or slander. These are freedom of speech and expression gone wrong. As they say, too much of everything is bad and even if you only intend to express your anger, discontentment or turmoil towards the person by uttering or writing unpleasant words against him or her, the damage cannot be undone. However, deciphering the intricacies of laws concerning violation of freedom of speech and expression can be quite puzzling. So, how does libel differ from slander?

Libel

Libel, according the to Article 353 of the Revised Penal Code is "the public and malicious imputation of a crime, or  of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead"

"ART. 355. Libel by means of writings or similar means. — A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prisión correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party."

Slander or Oral Defamation

Slander or oral defamation is defined as speaking of base or defamatory words with an intention to prejudice another person in his or her reputation. Slander by deed on the other hand, is an act committed which tends to discredit or dishonor another individual. (Article 359 of the Revised Penal Code)

Art. 358. Slander. — Oral defamation shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period if it is of a serious and insulting nature; otherwise the penalty shall be arresto menor or a fine not exceeding 200 pesos.

Art. 359. Slander by deed. — The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 1,000 pesos shall be imposed upon any person who shall perform any act not included and punished in this title, which shall cast dishonor, discredit or contempt upon another person. If said act is not of a serious nature, the penalty shall be arresto menor or a fine not exceeding 200 pesos.

Whether it is spoken or written, it is every person's responsibility to mince words to avoid hurting another person's feelings. It is true that the freedom of speech and expression is one of the most valued rights, but this does not give you license to say as you please.

It is a known fact that some properties for sale are still registered in the names of the deceased parent or next of kin. If the property owner passed away, the estate must be settled before the name of the buyer can be transferred. More often than not, this is a complicated process if you do not know the steps. When you settle the estate of a deceased person, it means you should declare the properties of the deceased whether it is real or personal estate. The name of another person cannot be successfully transferred if the estate has not been settled. The rule applies to both testate and intestate.

6 Steps To Settling The Estate Of A Deceased Person

1. Secure and fill out BIR Form 1904. The form is intended for application for registration. It is important to apply for a valid Tax Identification Number (TIN) when you transact with the BIR. The purpose of Form 1904 is to verify the seller's and the buyer's TIN. When it comes to the payment of estate taxes, it is important to secure a separate TIN for the estate of the deceased. 

2. Prepare the mandatory documentary requirements and submit them to the BIR so the estate of a deceased person will be settled.

3. Secure BIR Form 1801. This form refers to the Estate Tax Return Form. Fill out the form with the necessary information such as the name and the TIN of the Estate. The ONETT officer of the Day will help you in filling out the rest of the form based on the computation and review of the documents you have presented. You will need to consult a certified public accountant if the estate of the deceased person is more than P3 million. The accountant will help to determine the taxable estate's initial computation.

4. Pay the estate tax based on the computation. Settle the estate tax with an Authorized Agent Bank (AAB) of the RDO, which has the jurisdiction over the place of residence of the deceased person. You can pay the computed estate tax by cash, manager's or cashier's check. If you are going to settle the estate tax through a Manager's or Cashier's Check, make sure that the following is written as payee:" (Bank, Branch) FAO BUREAU OF INTERNAL REVENUE IFO (Taxpayer's Name) (Tin of Taxpayer)." If you choose to pay the estate tax using a AAB, which is a government financial institution such as Landbank of the Philippines, the payee will be the BUREAU OF INTERNAL REVENUE.

5. The documentary requirements must be submitted including the proof of payment to the RDO, which has the jurisdiction over the decedent's place of residence.

6. Wait for the Certificate Authorizing Registration to be released. Once CAR is released, the property can be sold to a buyer. When paying the capital gains, the CAR along with Affidavit of Self-Adjudication, Extra-judicial Settlement of Estate, Tax Clearance Certificate and other requirements should presented.

Have you ever encountered a person who demands you to give up money or other property by intimidation, threat of violence or damage to your reputation? Extortion involves force and even if the victim has given his or her consent, that consent has been obtained illegally. Extortion comes is many forms. A classic example would be the protection scheme. This involves demanding store owners to pay a certain amount for protection to prevent the extortionist from creating any damage to the store owner's property.

The laglag bala scheme is also an example of extortion. Some people who were caught carrying bullets were asked to pay the airport authorities in exchange of their freedom. Some laglag bala victims chose to pay to spare themselves from the long investigation process.  In extortion, there is a threat of violence involved and it leaves victims with no other choice but to comply to avoid any inconvenience and disturbance.

Section 9. Article 294 of the same Code is hereby amended to read as follows:

Art. 294. Robbery with violence against or intimidation of persons 

Penalties. Any person guilty of robbery with the use of violence against or intimidation of any person shall suffer:

1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery, the crime of homicide shall have been committed, or when the robbery shall have been accompanied by rape or intentional mutilation or arson.

2. The penalty of reclusion temporal in its medium period to reclusion perpetua, when or if by reason or on occasion of such robbery, any of the physical injuries penalized in subdivision I of Article 263 shall have been inflicted.

3. The penalty of reclusion temporal, when by reason or on occasion of the robbery, any of the physical injuries penalized in subdivision 2 of the article mentioned in the next preceding paragraph, shall have been inflicted.

4. The penalty of prision mayor in its maximum period to reclusion temporal in its medium period, if the violence or intimidation employed in the commission of the robbery shall have been carried to a degree clearly unnecessary for the commission of the crime, or when in the course of its execution, the offender shall have inflicted upon any person not responsible for its commission any of the physical injuries covered by subdivisions 3 and 4 of said Article 263.

5. The penalty of prision correccional in its maximum period to prision mayor in its medium period in other cases.

Anyone can be a victim of extortion and if you feel that your rights have been violated, you need to seek help from an attorney.

Immediate resignation is prevalent in most companies. While employees may terminate their contract of employment through resignation, a written notice of the resignation must be given in advance. The written notice is counted as 30 calendar days. The purpose of the advance notice is to prevent disrupting the business operation and to protect the employee from being held liable for damages.

This is a common scenario especially when employees no longer feel motivated to work. The decision to resign just comes out of the blue. However, there are some risks involved in tendering an immediate resignation.

What happens if you do not provide resignation notice?

There are certain measures that will be implemented in the event you do not comply with the required notice period. It can have a serious impact on you as an employee because you have not ensured proper transition. Complying with the required notice period means giving the company enough time to find your replacement.

When can an employee resign without serving any notice?

Under Article 285 of the Labor Code, the following circumstances may allow an employee to terminate the contract of employment without serving a written notice.

1. Serious insult by the employer or his representative on the honor and person of the employee;

2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;

3. Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and

4.Other causes analogous to any of the foregoing.

Separation Pay

If an employee voluntarily resigns from work, he or she may not be entitled to separation pay. However, separation pay will only be given if the severance of employment is beyond the employee's control. For instance, an employer decides to retrench worker to prevent losses and this will force the employee to resign or depart from the company. Under the law, dismissed employee is entitled to separation pay.

Voluntary resignation where severance of employment is the employee's initiative, the law does not require the employer to give separation pay. However, there can still be some exceptions to the rule.

1. When payment of separation pay is stipulated in the employment contract or Collective Bargaining Agreement (CBA, for companies with existing bargaining agent or union);

2. When it is sanctioned by established employer practice or policy.

Child support is an issue that needs more work because there are still parents who do not take the law seriously by deliberately refusing to give legal support to children despite the court order. Rep. Rosenda Ann Ocampo has recently filed the bill that criminalizes fathers who fail or refuse to provide legal child support without justifiable cause. If this bill is passed, single mothers who have suffered enough for years raising their children will receive the support intended to them.

At present, the country has Republic Act 9262 otherwise known as the Anti-Violence Against Women and Their Children Act of 2004. In the current law the parent should remit the support to the parent who has the parental authority or legal custody over the child. However, there are still parents who refuse to give legal child support. If the bill will be passed, parents who are unable to provide support for a period of more than six months will be penalized. Any parent who pays less than the agreed amount will also be penalized.

According to the proposed bill, a penalty of P25,000 or imprisonment of not less than six months for the first offense. The parent will also be required to pay the unpaid legal children support fees. The fill is increased to P50,000 or imprisonment of not less than one but not more than two years. The total unpaid amount of legal child support fees will also be settled. While the bill is still pending in congress, parents will rely on the current law in the meantime.

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

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

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

Art. 202. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same. "

Mr. X used to have a great job abroad but he was sent home by his employer as part of the company's cost-cutting measures. Mr. X was able to sustain months without a job, thanks to the small savings he was able to secure while working abroad. However, it did not take long for him to find himself trying to make ends meet. He still had 4 mouths to feed and two of which are already in college. Mr. X was in dire need of a job to put food on their plate and to support his children's education. There were jobs that match his skills, but he always falls short on one thing: his age. He always goes home with a heavy heart because despite his qualifications, employers still prefer younger applicants. Mr. X loses hope.

This scenario is very common in a country where age really matters in employment. There are many workers who fit the bill, but once they come across a job ad with age requirement, their hopes vanish into thin air. With the Anti-Age Discrimination in Employment Law, the not-so-young applicants will have a chance at getting the job without worrying about age limit.

Republic Act 10911: Anti-Age Discrimination in Employment Law

This law covers all labor contractors, subcontractors, employers, labor organizations, and publishers. For employers, any ad, printed or published, which suggests limitations, preferences, discrimination, and specifications based on age will not be allowed. In addition, employers should not decline any employment application due to the person's age. Employees must also have the privilege to get promoted or trained for advancement despite their age. Employers should not let go of employees or workers because of old age. Imposing early retirement because of age is also a prohibited employment practice.

Age Limitation Exception

• Bona fide seniority system
• Bona fide employee retirement or a voluntary early retirement plan
• Age is a bona fide occupational qualification

Penalties

The penalties for the violation of this law include a fine of P50,000.00 but not more than P500,000.00 and imprisonment of not less than 3 months but more than 2 years. The penalty will be imposed the guilty officer or officer if the offense is committed by a corporation.

The Anti-Age Discrimination Bill will be implemented by the Department of Labor and Employment (DOLE). They shall have the authority to investigate and require the records for the administration of the Act. The implementing Rules and Regulations will be formulated by the Secretary of Labor and Employment within 90 days from the law's effectivity.

When you buy something from a store and the cashier or the store owner owes you a few cents, would you take the change given in the form of a candy? To some, a few cents are not that big of a deal, but shortchanging is considered a violation of the law. Perhaps you have also encountered a cashier from a business establishment asking you for a smaller bill, some will immediately search their pockets for some loose coins while others will give the cashier a questioning glance?

If you are in a hurry, you will simply leave an impression of indifference, take the change available to the cashier and forget about the missing cents. Customers who do not have the luxury of time to argue will not be too concerned with getting the exact change. However, with the Republic Act 10909 gaining traction in the Philippine law, shortchanging should be a big no-no. 

No Shortchanging Act

The law will not exempt establishments lacking loose coins or bills. Exact change must be given to the customer. There are also conditions when establishments are encouraged to provide excess change to ensure that the change given to the customer is not less than the amount due. Other alternatives such as giving candies will not be allowed in exchange to loose change. The amount may be small, but this should not be a reason for the customers to allow managers and staff to be spared from giving the exact change regardless of the amount.

The Penalties

If establishments fail to give the exact change to customers, a fine of P500 will be imposed for the first offense. For the second violation, there will be a suspension of business' license for 3 months and an additional fine of P25,000 will be imposed. For the third offense, the license to operate will be revoked and an additional fine of P25,000 will be imposed. The law applies to big and small establishments, even sari-sari stores. In case you purchase something, make sure you demand for exact change.

Your name serves as a weapon of identification, but it can be a bane of one's existence if the surname sounds funny or change. Perhaps you were one of those people making fun of your classmate's surname when you were in grade school or you were one of the hapless victims of bullying because you were not "blessed" with a nice sounding surname. There is nothing new to this scenario. In fact, people who hear funny names will instantly laugh just because. Well, you do not have to endure the problem with your surname because you now have the option to change it.

Changing surnames is now covered by the Rules of Court of the Philippines Special Proceedings. However, you need to file a petition at the Court of First Instance. You should also have valid reasons for changing your name. For instance, if you are changing your name because it has been a subject to ridicule, you need to substantiate the claims. Having a witness is also encouraged when filing a petition as this reduces the chance of the petition being denied. The reason to change your name is also highlighted under Section 4 of the Republic Act No. 9048.

" SECTION 4. Grounds for Change of First Name or Nickname. - The petition for change of first name or nickname may be allowed in any of the following cases:

1. The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely difficult to write or pronounce.
2. The new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that by that first name or nickname in the community: or
3. The change will avoid confusion."

Rule 103 (Change of Name)

"A person can effect a change of name under Rule 103 (CHANGE OF NAME) using valid and meritorious grounds including (a) when the name is ridiculous, dishonorable or extremely difficult to write or pronounce; (b) when the change results as a legal consequence such as legitimation; (c) when the change will avoid confusion; (d) when one has continuously used and been known since childhood by a Filipino name, and was unaware of alien parentage; (e) a sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and without prejudicing anybody; and (f) when the surname causes embarrassment and there is no showing that the desired  change  of name was for a fraudulent purpose or that the change of name would prejudice public interest.[17]  Respondent’s reason for changing his name cannot be considered as one of, or analogous to, recognized grounds, however."

Patience is a virtue for making people pay for what they owe. You will need to remind them over and over again about the unpaid debts, but the result is not always what you expect. There can be times when you will get more lame excuses than payments until you decide to put the issue to rest. The good news is, you can still get paid, thanks to the existence of small claims court.

The Steps For Filing For A Small Claims Case

1. Go to either the first level court of the city where you reside or the first level court of the city where your debtor resides.

2. The first level courts are defined as the Municipal Circuit Trial Courts Municipal Trial Court, Metropolitan Trial Court and Municipal Trial Courts in Cities.

3. Go to the Office of the Clerk of Court and fill up the Statement of Claim, Certification of Non-Forum Shopping and Information for Plaintiff.

4. A Verified Statement of Claim must be accomplished as plaintiff and the information must be correct.

5. The important documents must also be provided as proof that the loan occurred. This will include the signed contracts by the defendants, promissory notes, bank deposit slips, receipts and checks, affidavits of witnesses and latest demand letter with proof of delivery or proof of receipt.

6. The plaintiff needs to pay a small amount to file the case, which may usually be around P1250.00

"This Rule applies to all actions that are: (a) purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment/reimbursement of a sum of money, and (b) the civil aspect of criminal actions, either filed prior to the institution of the criminal action, or reserved upon the filing of the criminal action in court, pursuant to Rule 111 of the Revised Rules of Criminal Procedure. These claims or demands may be:For money owed under any of the following:>Contract of lease;

>Contract of loan;

>Contract of services;

>Contract of sale; or

>Contract of mortgage;

For damages arising from:

>Fault or negligence;

>Quasi-contract; or

>Contract;

Enforcement of a barangay amicable settlement or an arbitration award involving money claims covered by this Rule pursuant to Sec. 417 of Republic Act No. 7160, otherwise known as the "Local Government Code of 1991."

Explanatory Note: The kinds of cases that can be filed in Small Claims Court vary, but the case must seek money only. For example, a suit cannot be brought in Small Claims Court to force a person or business to fix a damaged good; or to demand fulfillment of a promised obligation which is not purely for money, or to seek money to compensate for pain and suffering. Some of the kinds of cases which are allowed as small claims include the following:

>Actual damage caused to vehicles, other personal property, real property or person;

>Payment or reimbursement for property, deposit, or money loaned;

>Payment for services rendered, insurance claim, rent, commissions, or for goods sold and delivered;

>Money claim pursuant to contact, warranty or agreement; and

>Purely civil action for payment of money covered by bounced or stopped check."