Bob Dylan used to say "old habits die hard: the things that are really not important are sometimes the hardest to give up". Perhaps the same principle applies to spreading gossips. When intrusion to someone's privacy becomes a habit, it begins to be part of your system. Although rumor-mongering seems to be a recreation to some, it can still be damaging to one's reputation as it can spread like wild fire. Before you know it, everyone in your community has already heard about a senseless rumor about you. What legal actions can you take against a person who spreads rumors?

Article 26, Chapter 2: Human Relations

"Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief:

(1) Prying into the privacy of another's residence:

(2) Meddling with or disturbing the private life or family relations of another;

(3) Intriguing to cause another to be alienated from his friends;

(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.

Discussion/Explanation:

1. Duty to Respect Dignity and Privacy
This article enhances human digminty and personality. Social equity is noy sought, but due regard for decency and propriety.

2. Remedies
a. An action for damages
b. An action for prevention
c. Any other relief

A civil action may be instituted even if no crime is involved and moral damages may be obtained.

3. Scope
a. Prying into the privacy of another's residence- includes by the implication respect for another's name, picture, or personality except insofar as is needed fro publication of information and pictures of legitimate news value.

b. Meddling with or disturbing the private life or family relations of another- includes alienation of the affections of the husband or the wife. Thus a girl who makes love to a married man, even if there be no carnal relations, disturbs his family life, and damages may therefore be asked of her. Intriguing against another's honor is also included.

c. Intriguing to cause another to be alienated from his friends- includes gossiping, and reliance on hearsay.

d. Vexing or humiliating- includes criticism of one's health or features without justifiable legal cause. Religious freedom does not authorize anyone to heap obloquy and disrepute upon another by reason of the latter's religion."

Once you are employed, you need to equip yourself with basic knowledge about Philippine labor law for you to know your rights as an employee. Aside from wage and monetary benefits, employees may also have lingering questions about the hours of work, rest day and even holidays. Here are the basics:

Hours of work

Employees must not exceed 8 hours a day while health personnel must have a maximum of 40 hours per week. If hours of work exceed 40 hours, the employee is entitled to 30% additional pay. While the law suggests 8 hours to be the maximum number of work hours, the law the does prohibit working less than eight hours. Part-time work is allowed and the pay will correspond to the actual hours worked. When it comes to the wage and benefits of part-time workers, they should be in proportion to the number of hours worked. For instance, if the part-time worker earns P400.00 for an eight-hour work, P200.00 will be received for work done in four hours.

The law on overtime applies to everyone. However, the following are exempted by the law: government employees, managerial personnel, househelpers, piece rate workers, non-agricultural field personnel whose work hours cannot be determined and family members who are dependent upon the support of employer. For work done between 10PM and 6AM, the rate is higher than normal. Under the Labor Code, employees who work between the specified time shall be paid a night shift differential of not less than 10% of the regular wage for each hour of worked performed.

Overtime work refers to work rendered beyond 8 hours and the employee who renders overtime work shall earn an additional pay of 25%. If overtime work is done on a rest day or holiday, the rate will be 30%. In the event of undertime on another day, overtime pay should still apply as the law prohibits offsetting overtime with undertime on another day.

Rest Day

Weekly rest day includes rest period of not less than 24 consecutive hours after every six normal workdays. The weekly restday is determined by the employer, but shall respect the employee's preference if such reference is based on religious grounds. If employees work on a rest day, the compensation will be the regular wage plus 30% thereof. For employees working on a Sunday, the employee shall be entitled to the additional 30% pay if Sunday happens to be the rest day.

Holidays

Holiday pay is received by employees on the occasion of a special day or a regular holiday. For regular holidays, the employee is still paid even if she did not work. The employee will be entitled to double pay if she works on a regular holiday. When it comes to a special day, the employees will not be paid if they do not report for work. If employees work on a special day, they will be entitled to 130% of the regular pay.

The Philippines is full of potentials and promises that continue to attract locals and tourists alike. You need not go to far places just to have a relaxing break as the country's sights, sounds and tastes will surely captivate you. Some tourists who used to consider the country as a holiday destination, have now considered it as a perfect base for retirement. Unfortunately, the beauty of the Philippines has been marred by terrorism. The Philippines has been infested by Abu Sayyaf, the most violent jihadist group in the country. They have committed numerous crimes against security and the most recent was the capture of Malaysian and Indonesian workers, a Filipina and Western tourists, two of whom have already been beheaded when the Canadian government refused to pay the ransom the group demanded. The government has zero tolerance on this barbaric act hence, working hard to put an end to terrorism in the country. The Human Security Act of 2007 aims to protect people's lives, liberty and property against any act of terrorism.

REPUBLIC ACT NO. 9372

"AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM

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

SECTION 1. Short Title. This Act shall henceforth be known as the Human Security Act of 2007.

SEC. 2. Declaration of Policy. It is declared a policy of the State to protect life, liberty, and property from acts of terrorism, to condemn terrorism as inimical and dangerous to the national security of the country and to the welfare of the people, and to make terrorism a crime against the Filipino people, against humanity, and against the law of nations.

In the implementation of the policy stated above, the State shall uphold the basic rights and fundamental liberties of the people as enshrined in the constitution.

The State recognizes that the fight against terrorism requires a comprehensive approach, comprising political, economic, diplomatic, military, and legal means duly taking into account the root causes of terrorism without acknowledging these as justifications for terrorist and/or criminal activities. Such measures shall include conflict management and post-conflict peace-building, addressing the roots of conflict by building state capacity and promoting equitable economic development.

Nothing in this Act shall be interpreted as a curtailment, restriction or diminution of constitutionally recognized powers of the executive branch of the government. It is to be understood, however, that the exercise of the constitutionally recognized powers of the executive department of the government shall not prejudice respect for human rights which shall be absolute and protected at all times.

SEC. 3. Terrorism. Any person who commits an act punishable under any of the following provisions of the Revised Penal Code:

1. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);
2. Article 134 (Rebellion or Insurrection);
3. Article 134-a (Coup d Etat), including acts committed by private persons;
4. Article 248 (Murder);
5. Article 267 (Kidnapping and Serious Illegal Detention);
6. Article 324 (Crimes Involving Destruction,

or under

1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-piracy and Anti-highway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)

thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.

SEC. 4. Conspiracy to Commit Terrorism. Persons who conspire to commit the crime of terrorism shall suffer the penalty of forty (40) years of imprisonment.

There is conspiracy when two or more persons come to an agreement concerning the commission of the crime of terrorism as defined in Section 3 hereof and decide to commit the same."

Do you know your legal rights as a buyer? You may not know its importance until you decide on buying a real estate property. There is quite a good number of laws that can protect the homebuyer against unlicensed agents and scammers. Due to the prevalence of scams, more and more buyers are making an effort to equip themselves with knowledge about real estate laws.

Real Estate Agent Insists On A Contract To Sell Instead Of Issuing A Deed Of Sale

More often than not developers issue a Contract to Sell (CTS) when payment has not yet been completed. CTS signifies that the buyer and seller are bound to an exclusive agreement. There are some cases when the buyer can obtain the property's physical possession from the seller and gain full ownership and title once the payment has been completed.

Legal Options For Homebuyers Victimized By Unlicensed Real Estate Agent

These days, buyers gain protection from being duped by unlicensed real estate agents through the Real Estate Service Act. This act requires homebuyers to buy properties from licensed real estate agents only. Licensed real estate agents are registered with the Professional Regulatory Board of Real Estate Service.

In the event you have been victimized by scammers, your only recourse is to file fraud-related charges against the broker or agent. For cases when a buyer dealt with registered agents who did not perform their duties, the buyer can report the incident to the Professional Regulation Commission.

Your Rights As A Buyer

For first-time homebuyers, it is important that you demand the developer the property's title once payment has been completed. You also have the right to receive a reimbursement of the amount you have paid in relation to the agreement including the payment for amortization. A developer cannot forfeit any installment payments in favor of the owner or developer.

Miss Paying Monthly Amortization

In case you miss paying your monthly amortization, your developer should allow you to pay the unpaid amount of installment without additional interest if grace period is one month for every year-worth of installments. It is also your developer's obligation to issue a refund in the event the contract was cancelled.

The buyer has the right to sell the rights or assign the payment to another person if they no longer have the capacity to make a payment to the property. The buyer can aso ask a reinstatement of the contract so the account will be updated within the grace period or before the cancellation of contract takes place. These processes must be done by notarial act.

When it comes to legal matters, the cost involved in the legal processes such as filing a petition, securing the certified copies of any record, filing a motion etc., is indeed worth knowing. Aside from seeking legal advice, individuals who want to pursue a case are also curious about the cost that the legal process may entail. Here's a rundown of the legal fees based on Rule 141 of the Rules of Court:

Legal Fees

"SEC. 4. Clerks of the Court of Appeals and of the Supreme Court.-

............ (a) For filing an action, proceeding, appeal by notice or record on appeal when required, entering appearance of the parties, entering orders of the court, filing and docketing all motions, docketing of case on all proper dockets, and indexing the same, entering, recording and certification of judgment and remanding of records to the lower court, taxing they costs, administering all necessary oaths or affirmations in the action or proceeding, recording the opinion of the court, and issuing all necessary process in the action or proceeding not herein otherwise provided for, each action or special proceeding, five hundred (P500.00) pesos;

............ (b) For the performance of marriage ceremony, including issuance of certificate of marriage, three hundred (P300.00) pesos;

............ (c) For furnishing transcripts of the record or copies of any record, judgment, or entry of which any person is entitled to demand and receive a copy, for each page, four (P4.00) pesos;

............ (d) For each certificate not on process, thirty (P30.00) pesos;

............ (e) For every search for anything above a year's standing and reading the same, fifteen (P15.00) pesos;

............ (f) For a commission on all money coming into his hands by these rules or order of the court and caring for the same, two and one-half (2.5%) percent on all sums not exceeding four thousand (P4,000.00) pesos and one and one-half (1.5%) percent upon all sums in excess of four thousand (P4,000.00) pesos, and one (1%) per cent on all sums in excess of forty thousand (P40,000.00) pesos. (4a)

............SEC. 5. Fees to be paid by the advancing party. -- The fees of the clerk of the Court of Appeals or of the Supreme Court shall be paid him at the time of the entry of the action or proceeding in the court by the party who enters the same by appeal, or otherwise, and the clerk shall in all cases give a receipt for the same and shall enter the amount received upon his book, specifying the date when received, person from whom received, name of action in which received, and amount received. If the fees are not paid, the court may refuse to proceed with the action until they are paid and may dismiss the appeal or the action or proceeding. (3a)

............SEC.6. Fees of bar candidates.-

............ (a)............For filing the application for admission to the bar, whether admitted to the examination or not, one thousand and seven hundred fifty (P1,750.00) pesos for new applicants, and for repeaters, plus the additional amount of two hundred (P200.00) pesos multiplied by the number of times the applicant has failed in the bar examinations;

............ (b)......For admission to the bar, including oath taking, signing of the roll of attorneys, the issuance of diploma of admission to the Philippine Bar, one thousand and seven hundred fifty (P1,750.00) pesos;

............ (c)............Other Bar Fees.- For the issuance of:

1. ......Certification of admission to the Philippine Bar
   
P50.00

2. ......Certificate of good standing (local)
   
50.00

3. ......Certificate of good standing (foreign)
   
100.00

4. ......Verification of membership in the bar
   
50.00

5. ......Certificate of grades in the bar examinations
   
50.00

6. ......Other certification of records at the Bar Office, per page
   
15.00

7. ......A duplicate diploma of admission to the Philippine Bar
   
500.00

............For services in connection with the return of examination notebooks to examinees, a fee of thirty (P30.00) pesos shall also be charged. (6a)

............SEC.7. Clerks of Regional Trial Courts.-

............ (a) For filing an action or a permissive counterclaim or money claim against an estate not based on judgment, or for filing with leave of court a third-party, fourth-party, etc. complaint, or a complaint in intervention, and for all clerical services in the same, if the total sum claimed, exclusive of interest, or the stated value of the property in litigation, is:

1.......Less than P100,000.00
   
P 500.00

2.......P100,000.00 or more but less than P150,000.00
   
...800.00

3.......P150,000.00 or more but less than P200,000.00
   
1,000.00

4.......P200,000.00 or more but less than P250,000.00
   

1,500.00

5.......P250,000.00 or more but less than P300,000.00
   

1,750.00

6.......P300,000.00 or more but less than P350,000.00
   
2,000.00

7.......P350,000.00 or more but not more than P400,000.00
   
2,250.00

8.......For each P1,000.00 in.excess of P400,000.00
   
....10.00

............ (b) For filing:

1. ......Actions where the value of the subject matter cannot be estimated
   
..P600.00

2. ......Special civil actions except judicial foreclosure of mortgage which shall be governed by paragraph (a) above
   
....600.00

3. ......All other actions not involving property
   
600.00

............In a real action, the assessed value of the property, or if there is none, the estimated value thereof shall be alleged by the claimant and shall be the basis in computing the fees.

............ (c) For filing requests for extrajudicial foreclosure of real estate or chattel mortgage, if the amount of the indebtedness, or the mortgagee's claim is:

1. ......Less than P50,000.00
   
.....P275.00

2. ......P50,000.00 or more but less than P100,000.00
   
..400.00

3. ......P100,000.00 or more but less than P150,000.00
   
..500.00

4. ......P150,000.00 or more but less than P200,000.00
   
...650.00

5. ......P200,000.00 or more but less than P250,000.00
   
1,000.00

6. ......P250,000.00 or more but less than P300,000.00
   
1,250.00

7. ......P300,000.00 or more but less than P400,000.00
   
1,500.00

8. ......P400,000.00 or more but less than P500,000.00
   
1,750.00

9. ......P500,000.00 or more but not more than P1,000,000.00
   
....2,000.00

10. ......For each P1,000.00 in excess of P1,000,000.00
   
10.00

............ (d) For initiating proceedings for the allowance of wills, granting letters of administration, appointment of guardians, trustees, and other special proceedings, the fees payable shall be collected in accordance with the value of the property involved in the proceedings, which must be stated in the application or petition, as follows:

1. ......More than P100,000.00 but less than P150,000.00
   
P2,000.00

2. ......P150,000.00 or more but less than P200,000.00
   
2,250.00

3. ......P200,000.00 or more but less than P250,000.00
   
2,500.00

4. ......P250,000.00 or more but less than P300,000.00
   
2,750.00

5. ......P300,000.00 or more but less than P350,000.00
   
3,000.00

6. ......P350,000.00 or more but not more than P400,000.00
   
............3,250.00

7. ......For each P1,000.00 in excess of P400,000.00
   
10.00

............If the value of the estate as definitely appraised by the court is more than the value declared in the application, the difference of fee shall be paid: provided that a certificate from the clerk of court that the proper fees have been paid shall be required prior to the closure of the proceedings.

............ (e) For filing petitions for naturalization or other modes of acquisition of citizenship, two thousand (P2,000.00) pesos;

............ (f) For filing petitions for adoption, support, annulment of marriage, legal separation and other actions or proceedings under the Family Code, two hundred (P200.00) pesos;

............If the proceedings involve separation of property, an additional fee corresponding to the value of the property involved shall be collected, computed in accordance with the rates for special proceedings.

............ (g) For all other special proceedings not concerning property, two hundred (P200.00) pesos;

............ (h) For the performance of marriage ceremony including issuance of certificate of marriage, three hundred (P300.00) pesos;

............ (i) For filing an application for commission as notary public, five hundred (P500.00) pesos;

............ (j) For certified copies of any paper, record, decree, judgment or entry thereof for each page, four (P4.00) and fifteen (P15.00) pesos for certification;

............ (k) For a commission on all money coming into the clerks' hands by law, rule, order or writ of court and caring for the same, one and one-half (1.5 %) per centum on all sums not exceeding forty thousand (P40,000.00) pesos, and one (1%) per centum on all sums in excess of forty thousand (P40,000) pesos.

............ (l) For any other services as clerk not provided in this section, one hundred and fifty (P150.00) pesos shall be collected. (7a)"

Problems often arise when the spouse dies without a will. There is indeed some confusion if you do not know anything about the inheritance law. Under Article 996 of the New Civil Code of the Philippines, only you and your children are entitled to inherit and not the spouse's siblings, parents, or grandparents. The information you need to know including the succession of inheritance can be found in Chapter 3 of Republic Act No. 386.

Legal or Intestate Succession

"Subsection 1. - Descending Direct Line

Art. 978. Succession pertains, in the first place, to the descending direct line. (930)

Art. 979. Legitimate children and their descendants succeed the parents and other ascendants, without distinction as to sex or age, and even if they should come from different marriages.

An adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child. (931a)

Art. 980. The children of the deceased shall always inherit from him in their own right, dividing the inheritance in equal shares. (932)

Art. 981. Should children of the deceased and descendants of other children who are dead, survive, the former shall inherit in their own right, and the latter by right of representation. (934a)

Art. 982. The grandchildren and other descendants shall inherit by right of representation, and if any one of them should have died, leaving several heirs, the portion pertaining to him shall be divided among the latter in equal portions. (933)

Art. 983. If illegitimate children survive with legitimate children, the shares of the former shall be in the proportions prescribed by Article 895. (n)

Art. 984. In case of the death of an adopted child, leaving no children or descendants, his parents and relatives by consanguinity and not by adoption, shall be his legal heirs. (n)

Subsection 2. - Ascending Direct Line

Art. 985. In default of legitimate children and descendants of the deceased, his parents and ascendants shall inherit from him, to the exclusion of collateral relatives. (935a)

Art. 986. The father and mother, if living, shall inherit in equal shares.

Should one only of them survive, he or she shall succeed to the entire estate of the child. (936)

Art. 987. In default of the father and mother, the ascendants nearest in degree shall inherit.

Should there be more than one of equal degree belonging to the same line they shall divide the inheritance per capita; should they be of different lines but of equal degree, one-half shall go to the paternal and the other half to the maternal ascendants. In each line the division shall be made per capita. (937)

Subsection 3. - Illegitimate Children

Art. 988. In the absence of legitimate descendants or ascendants, the illegitimate children shall succeed to the entire estate of the deceased. (939a)

Art. 989. If, together with illegitimate children, there should survive descendants of another illegitimate child who is dead, the former shall succeed in their own right and the latter by right of representation. (940a)

Art. 990. The hereditary rights granted by the two preceding articles to illegitimate children shall be transmitted upon their death to their descendants, who shall inherit by right of representation from their deceased grandparent. (941a)

Art. 991. If legitimate ascendants are left, the illegitimate children shall divide the inheritance with them, taking one-half of the estate, whatever be the number of the ascendants or of the illegitimate children. (942-841a)

Art. 992. An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child. (943a)

Art. 993. If an illegitimate child should die without issue, either legitimate or illegitimate, his father or mother shall succeed to his entire estate; and if the child's filiation is duly proved as to both parents, who are both living, they shall inherit from him share and share alike. (944)

Art. 994. In default of the father or mother, an illegitimate child shall be succeeded by his or her surviving spouse who shall be entitled to the entire estate.

If the widow or widower should survive with brothers and sisters, nephews and nieces, she or he shall inherit one-half of the estate, and the latter the other half. (945a)"

An individual commits a crime of forgery if the signature in the negotiable instrument is forged without the consent of the authorized person. Many people have fallen victim to fraudulent transactions despite precautionary measures. Although most people rely heavily on a person’s ability to produce trustworthy documents, individuals, businesses and even political entities are still not spared from the crime of forgery.

Forgery is committed when:

•    a person signs in another’s name with the intent to defraud;
•    a person alters the name, amount or payee’s name with intent to defraud.

Although a crime of forgery is committed, only the forged signature is considered invalid. The instrument and the genuine signatures are still deemed valid. When it comes to payment under a forged instrument, the person whose signature is forged will not be held liable for the fraudulent transaction except for those who are negligent or those who impliedly ratified the forgery. An example of negligent would be leaving your checkbook with an executive assistant. While the assistant have forged your signature, the mere fact that there was neglect on your part will still make you liable if transactions are made through your forged signature.

“Art. 169. How forgery is committed. — The forgery referred to in this section may be committed by any of the following means:

1. By giving to a treasury or bank note or any instrument, payable to bearer or order mentioned therein, the appearance of a true genuine document.
2. By erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs contained therein.

Section Four. — Falsification of legislative, public, commercial, and privatedocuments, and wireless, telegraph, and telephone message.

Art. 170. Falsification of legislative documents. — The penalty of prision correccional in its maximum period and a fine not exceeding P6,000 pesos shall be imposed upon any person who, without proper authority therefor alters any bill, resolution, or ordinance enacted or approved or pending approval by either House of the Legislature or any provincial board or municipal council.

Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister. — The penalty of prision mayor and a fine not to exceed P5,000 pesos shall be imposed upon any public officer, employee, or notary who, taking advantage of his official position, shall falsify a document by committing any of the following acts:

1. Counterfeiting or imitating any handwriting, signature or rubric;
2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate;
3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them;
4. Making untruthful statements in a narration of facts;
5. Altering true dates;
6. Making any alteration or intercalation in a genuine document which changes its meaning;
7. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a copy a statement contrary to, or different from, that of the genuine original; or
8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book.

The same penalty shall be imposed upon any ecclesiastical minister who shall commit any of the offenses enumerated in the preceding paragraphs of this article, with respect to any record or document of such character that its falsification may affect the civil status of persons. “

As a consumer you have the right to: safety, basic needs, information, representation, redress, consumer education, choose and healthy environment. Making informed buying decisions will ensure that you are getting the right products and services. If you want to make an online purchase, the first thing you need to check is the DTI sales promotion permit of the online store. It is not enough that you read reviews or feedback from previous buyers because you also need protection against online scams. While you may not have the luxury of time to check the items you are purchasing, it still pays to get some essential information such as the product’s expiry date, brand name, name and address of the manufacturer and English or Filipino translation if the labels are written in other languages. Perhaps you are already familiar with the ‘No Return, No Exchange’ policy and if ever you bought a defective product, you should insist on replacing or refunding the item.

Republic Act No. 7394 or the Consumer Act of the Philippines provides detailed information about consumer rights and practices.

“ARTICLE 5. Declaration of Policy. — It shall be the duty of the State:

a) to develop and provide safety and quality standards for consumer products, including performance or use-oriented standards, codes of practice and methods of tests;
b) to assist the consumer in evaluating the quality, including safety, performance and comparative utility of consumer products;
c) to protect the public against unreasonable risks of injury associated with consumer products;
d)to undertake research on quality improvement of products and investigation into causes and prevention of product related deaths, illness and injuries;
e) to assure the public of the consistency of standardized products.
ARTICLE 6.  Implementing Agencies. — The provisions of this Article and its implementing rules and regulations shall be enforced by:
a)   the Department of Health with respect to food, drugs, cosmetics, devices and substances;
b)   the Department of Agriculture with respect to products related to agriculture, and;
c)   the Department of Trade and Industry with respect to other consumer products not specified above.

ARTICLE 7.   Promulgation and Adoption of Consumer Product Standards. — The concerned department shall establish consumer product quality and safety standards which shall consist of one or more of the following:

a)    requirements as to performance, composition, contents, design, construction, finish, packaging of a consumer product;
b)    requirements as to kind, class, grade, dimensions, weights, material;
c)  requirements as to the methods of sampling, tests and codes used to check the quality of the product;
d)  requirements as to precautions in storage, transporting and packaging;
e)  requirements that a consumer product be marked with or accompanied by clear and adequate safety warnings or instructions, or requirements respecting the form of warnings or instructions.

For this purpose, the concerned department shall adopt existing government domestic product quality and safety standards: Provided, That in the absence of such standards, the concerned department shall form specialized technical committees composed of equal number of representatives from each of the Government, business and consumer sectors to formulate, develop and purpose consumer product quality and safety standards. The said technical committees shall consult with the private sector, which may, motu proprio, develop its own quality and safety standards that shall be subject to review and approval of the concerned government agency or agencies after public hearings have been conducted for that purpose; and shall likewise consider existing international standards recognized by the Philippine Government.

ARTICLE 8.   Publication of Consumer Product Standards. — The concerned department shall, upon promulgation of the above standards, publish or cause the publication of the same in two (2) newspapers of general circulation at least once a week for a period of not less than one (1) month. It may likewise conduct an information campaign through other means deemed effective to ensure the proper guidance of consumers, businesses, industries and other sectors concerned.”

Disagreements between tenants and landlords are very common in the Philippines. This is why both parties are encouraged to negotiate rent before signing a contract.  While the Rental Reform Act of 2002, which has already expired in 2004 protects the rights of landlords, the law also provides heaps of information to tenants to prevent conflicts especially in terms of payment. While the landlord and tenant can negotiate any deposit they want, it is still necessary for both parties to fulfill the agreements or obligations on the contract. A tenant who enters into a lease contract is usually required to deposit worth 2 to 3 months’ rent. After the end of the tenancy, the deposit is returned one month, but the repairs and unpaid bills will be deducted.

Generally, landlords require one month’s advance rental and two months’ deposit. The deposit is often referred to as security deposit because it will be used for paying the rent for the last month of the occupancy. In most cases, landlords are the ones who will shoulder unpaid bills and repairs.

Duration of Contract and Eviction

If the tenant is still occupying the property 15 days after the lease contract has expired, and no notice has been given by either the landlord or the tenant, it is an implication that the contract has been renewed. Lease contracts can either be oral or written. The landlord has the right to eject a tenant due to the following reasons:

•    Subleasing the unit without the landlord’s written consent;
•    Non-payment of rent for three months;
•    Landlord needs property for personal use;
•    Landlord needs to make necessary repairs, but may notify ejected tenant if still interested in renting the same unit.

The lease agreement can be terminated by the tenant at any time and may also withhold rent payments if the landlord has not made any necessary repairs. A notice of 15 days will be given to the tenants if the unit is condemned for demolition. A case must be filed in court for tenant eviction and within 10 days, the landlord can apply for a permit to reclaim the property. Within 30 days, the court makes a decision and order the Court Sheriff to assist the landlord in claiming the property.

If there are problems regarding tenancy agreement, barangay tribunals are the ones who mediate in such problems. However, unresolved landlord-tenant problems are taken to court, but this can be a long and expensive process. A landlord often applies pressure by influencing the police in evicting a tenant.

Applying for government-issued ID or processing documents often require an applicant to secure essential requirements such as the birth certificate. However, a problem with your birth certificate can lengthen the process and may even deter you from having a smooth and hassle-free transaction. If you do not have an idea how to go about correcting errors, you will surely find the process daunting. One of the common problems that you may encounter is a missing first name on your birth certificate. In this case, you need to file a supplemental report to supply the missing entry.

Aside from the owner of the record, the following individuals are also allowed to file:

•    Owner’s spouse
•    Children
•    Brothers
•    Parents
•    Sisters
•    Grandparents
•    Guardian
•    Other person duly authorized by law or by the owner of the document sought to be corrected;
•    In the event that the owner of the record is a minor or mentally or physically incapacitated, the spouse, or any of his parents, children, brothers; sisters; grandparents, guardians or duly authorized by law must file a petition.

The supplemental report shall be filed with the local civil registry office of the municipality or city where the birth is registered if born in the Philippines. If born abroad, the supplemental report shall be filed with the Philippine Consulate where the birth was report. However, if the person born abroad is already in the Philippines, the supporting documents required for filing a supplemental report must be coursed through the Department of Foreign Affairs, Office of Consular Affairs.

The missing entry will be supplied through an affidavit indicating the entry missed in the registration and the reasons there was a failure in supplying the required entry. It may also be necessary to supply any supporting documents that will show the first name of the child.

If the first name is misspelled in the birth certificate, it should be corrected by filing a petition to correct the clerical error under the provisions of Republic Act 9048. Filing a petition for wrongly spelled first name is almost the same as the process of supplying the missing first name except that the applicant must secure some supporting documents such as the certified machine copy of the birth record which contains the entry to be corrected, certificate of posting, not less than two private or public documents, filing fee and other documents which the civil registrar may require you to supply.  You can also visit the official website of Philippine Statistics Authority for additional solutions to your problems with your birth certificate.

There are instances when we demand for money or another condition, but when these demands are not fulfilled, there is a tendency for the person who made a demand to pose a threat out of frustration. To some, it may just be a way of reminding the person to fulfil the demands, but if such threats have already disturbed the peace of mind of an individual, even if the person who made the demand intended no harm, this can still be considered as a crime against security. Threats and coercion have a broad spectrum, but one thing is for sure, a declaration to harm a person in the throes of anger can still be considered as a form of threat.  

“Article 282. Grave threats. - Any person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime, shall suffer:

1. The penalty next lower in degree than that prescribed by law for the crime be threatened to commit, if the offender shall have made the threat demanding money or imposing any other condition, even though not unlawful, and said offender shall have attained his purpose. If the offender shall not have attained his purpose, the penalty lower by two degrees shall be imposed.

If the threat be made in writing or through a middleman, the penalty shall be imposed in its maximum period.

2. The penalty of arresto mayor and a fine not exceeding 500 pesos, if the threat shall not have been made subject to a condition.
Article 283. Light threats. - Any threat to commit a wrong not constituting a crime, made in the manner expressed in subdivision 1 of the next preceding article, shall be punished by arresto mayor.

Article 284. Bond for good behavior. - In all cases falling within the two next preceding articles, the person making the threats may also be required to give bail not to molest the person threatened, or if he shall fail to give such bail, he shall be sentenced to destierro.

Article 285. Other light threats. - The penalty of arresto menor in its minimum period or a fine not exceeding 200 pesos shall be imposed upon:

1. Any person who, without being included in the provisions of the next preceding article, shall threaten another with a weapon or draw such weapon in a quarrel, unless it be in lawful self-defense.

2. Any person who, in the heat of anger, shall orally threaten another with some harm not constituting a crime, and who by subsequent acts show that he did not persist in the idea involved in his threat, provided that the circumstances of the offense shall not bring it within the provisions of Article 282 of this Code.

3. Any person who shall orally threaten to do another any harm not constituting a felony.

Article 286. Grave coercions. - The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who, without authority of law, shall, by means of violence, prevent another from doing something not prohibited by law, or compel him to do something against his will, whether it be right or wrong.

If the coercion be committed for the purpose of compelling another to perform any religious act or to prevent him from so doing, the penalty next higher in degree shall be imposed.

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

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

Article 288. Other similar coercions; (Compulsory purchase of merchandise and payment of wages by means of tokens.) - The penalty of arresto mayor or a fine ranging from 200 to 500 pesos, or both, shall be imposed upon any person, agent or officer, of any association or corporation who shall force or compel, directly or indirectly, or shall knowingly permit any laborer or employee employed by him or by such firm or corporation to be forced or compelled, to purchase merchandise or commodities of any kind.

The same penalties shall be imposed upon any person who shall pay the wages due a laborer or employee employed by him, by means of tokens or objects other than the legal tender currency of the laborer or employee.”

Social networks have been considered a boon of everyone’s existence as they provide an electronic avenue for expressions and a way to connect with friends and loved ones. Facebook in particular has billions of users and because of its powerful impact, anyone can be exposed to cybercrimes. A private individual can become an instant celebrity if another person recognizes either his good or bad deed, thanks to your mobile phone’s ability to capture the pleasant and not-so-pleasant moments. Due to Facebook’s vast reach, it is easy to build or destroy one’s reputation at the drop of a hat. Sadly, exercising your right to free speech often blurs the line between expression and imputation. Is there such a thing as Facebook etiquette? Do we really have to exercise our freedom of speech regardless of the consequences?

Libeling a public official versus libeling a private individual

Mudslinging has been part of the country’s political culture and when the public officials or public figures have been dragged into shame, most of them will cry foul and resort to filing a libel case to the person behind the malicious statement. However, before a public official can file a case, the libel needs to hold water. The burden of proof will definitely lie with the offended party as he needs to prove that there is indeed a “higher standard of actual malice”. If the offended party is a private individual, the burden of proof is with the accused. This means the accused needs to prove that he has justifiable reason for the defamatory statement even if there is truth to it.

Although truth can be used as a defense, it does not necessarily exempt the accused from the crime of libel. The Supreme Court requires the accused to show “good motives and justifiable ends” for truth to become a valid defense.  For libel committed online, the author of the offending article will be held liable. When a libelous statement is posted on Facebook, the acts of liking, sharing or commenting do not fall under cyber libel. Does that mean an individual can share a libelous post without facing any legal consequences? It is interesting to note that sharing a post and creating a new story to support the statement of the original post can still hold a person liable. For instance, the original author posts “ John is a wife beater” and another person shares the post with a new story that says “he is also a murderer”, this can be considered as another libelous statement despite the fact that he was not the original author.

Aside from libel, there are other ways a person can get sued on Facebook:

•    Copyright Infringement-when a copyrighted material is posted by others without permission from the original author, the individual who posted the content can be liable for copyright infringement.  It is considered an infringement even if it was only shared with a few Facebook friends.

•    Privacy-posting private information of others such as photos can be considered a violation especially when such posts have enabled others to tag or share.

•    Harassment-when someone behaves in a manner that is deemed threatening or intrusive, the person can be sued for harassment. Facebook is a viable platform for harassment and if a person breaks into another person’s account and pretends as the real account user, this act can pass itself off as Facebook harassment.  Unfortunately, harassment can be subjective as one person may believe he has been harassed and another might not.

•    Breach of Contract-although this violation has a very broad area, an individual who talks about work on Facebook even if he has agreed to company rules and regulations may also be liable for breaching the contract.

What are the nature and effects of a contract? Does it necessarily have to be written to support legal disputes in the event one of the agreements has not been performed by the contracting parties? A contract is simply a meeting of minds between two persons. A contract can either be implicitly done or expressly made. Once both parties have entered into an agreement, it is imperative that both are bound to an obligation to fulfil the conditions stipulated on the contract. While a written contract is a concrete evidence of the agreement made by two parties, the real challenge begins with express contracts.

Nature and Effect of Obligations

“ARTICLE 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. (1094a)

ARTICLE 1164. The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him. (1095)

ARTICLE 1165. When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by article 1170, may compel the debtor to make the delivery.

If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor.

If the obligor delays, or has promised to deliver the same thing to two or more persons who do not have the same interest, he shall be responsible for any fortuitous event until he has effected the delivery. (1096)

ARTICLE 1166. The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned. (1097a)

ARTICLE 1167. If a person obliged to do something fails to do it, the same shall be executed at his cost.
This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly done be undone. (1098)

ARTICLE 1168. When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. (1099a)

ARTICLE 1169. Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation.

However, the demand by the creditor shall not be necessary in order that delay may exist:

(1) When the obligation or the law expressly so declare; or

(2) When from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract; or

(3) When demand would be useless, as when the obligor has rendered it beyond his power to perform.

In reciprocal obligations, neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. From the moment one of the parties fulfills his obligation, delay by the other begins. (1100a)

ARTICLE 1170. Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages. (1101)

ARTICLE 1171. Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void. (1102a)

ARTICLE 1172. Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to the circumstances. (1103)

ARTICLE 1173. The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place. When negligence shows bad faith, the provisions of articles 1171 and 2201, paragraph 2, shall apply.

If the law or contract does not state the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. (1104a)

ARTICLE 1174. Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of risk, no person shall be responsible for those events which could not be foreseen, or which, though foreseen, were inevitable. (1105a)

ARTICLE 1175. Usurious transactions shall be governed by special laws. (n)

ARTICLE 1176. The receipt of the principal by the creditor without reservation with respect to the interest, shall give rise to the presumption that said interest has been paid.

The receipt of a later installment of a debt without reservation as to prior installments, shall likewise raise the presumption that such installments have been paid. (1110a)

ARTICLE 1177. The creditors, after having pursued the property in possession of the debtor to satisfy their claims, may exercise all the rights and bring all the actions of the latter for the same purpose, save those which are inherent in his person; they may also impugn the acts which the debtor may have done to defraud them. (1111)

ARTICLE 1178. Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary. (1112)”

Regardless of our emotional state, our actions speak volumes. In the throes of anger, non-verbal cues can be considered to be an expression, but when you go overboard and carry your anger to extremes, you can be held liable for a crime of slander by deed. There is completely nothing wrong with expressing one’s emotional state so long as the actions are not aimed at someone. Slander by deed may seem like a new legal concept as oral defamation is commonly used to describe an individual who has spoken defamatory words which can affect another person’s reputation. What if a person pokes a dirty finger at another person, can the act be deemed as slander by deed?

As defined in 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.”

A person cannot be considered guilty of committing slander by deed without taking the nature of the complaint into consideration. If there was provocation on the part of the complainant, slander by deed has a lesser magnitude. Pointing a dirty finger is not held to be libelous. It is considered as a common expression used for expressing displeasure, turmoil, discontentment or anger. However, a person may be found guilty of grave oral defamation or slander by deed if the complainant did not contribute to the offender’s anger.

“Art. 361. Proof of the truth. — In every criminal prosecution for libel, the truth may be given in evidence to the court and if it appears that the matter charged as libelous is true, and, moreover, that it was published with good motives and for justifiable ends, the defendants shall be acquitted.
Proof of the truth of an imputation of an act or omission not constituting a crime shall not be admitted, unless the imputation shall have been made against Government employees with respect to facts related to the discharge of their official duties.
In such cases if the defendant proves the truth of the imputation made by him, he shall be acquitted.

Art. 362. Libelous remarks. — Libelous remarks or comments connected with the matter privileged under the provisions of Article 354, if made with malice, shall not exempt the author thereof nor the editor or managing editor of a newspaper from criminal liability.”

History has already proven the existence of capital punishment. People have mixed reactions and opinions regarding death penalty. Some consider death penalty to be a way to curb crimes while others are sceptical with the idea especially as the fact remains that the law still appears toothless. During the pre-Spanish era, Filipinos have already practiced the death penalty. However, it was only an infrequent practice limited to flogging, fines and slavery. The most common form of death sentence at the time was hanging and decapitation. Prior to abolishing death penalty, the Philippines had the world’s largest death row population.

Although the Pangilinan Law puts an exemption to minors who commit crimes with impunity, there was a time when the country could legally execute a minor. This is due to the belief that minors were considered adults at the time. The minor offender who earned death sentence was Marcial “Baby” Ama who was only 16 years old when he was sentenced to death via electric chair. The legal ages for men and women at the time were 16 and 14 respectively.

The death penalty was abolished during former President Corazon Aquino’s administration and restored in 1993 during the Ramos administration. Under Republic Act No. 7659, there are 46 crimes considered to be punishable by death. The death sentence would be carried out through lethal injection. In 1998, Leo Echegaray was executed for raping his step daughter. The execution was followed by six executions for heinous crimes. Death penalty was abolished by the Arroyo administration in 2001.

Death penalty was on hiatus for more than two decades and presumptive President Rodrigo Duterte considers re-imposing it. The restoration of death penalty has sparked endless debates especially when it comes to improving judicial system.

"Art. 81. When and how the death penalty is to be executed. -  The death sentence shall be executed with preference to any other and shall consist in putting the person under sentence to death by electrocution.  The death sentence shall be executed under the authority of the Director of Prisons, endeavoring so far as possible to mitigate the sufferings of the person under the sentence during electrocution as well as during the proceedings prior to the execution.

 "If the person under sentence so desires, he shall be anaesthesized at the moment of the execution.

"As soon as facilities are provided by the Bureau of Prisons, the method of carrying out the sentence shall be changed to gas poisoning.

"The death sentence shall be carried out not later than one (1) year after the judgment has become final."

Sec. 25. Article 83 of the same Code is hereby amended to read as follows:

"Art. 83. Suspension of the execution of the death sentence. -  The death sentence shall not be inflicted upon a woman while she is pregnant or within one (1) year after delivery, nor upon any person over seventy years of age.  In this last case, the death sentence shall be commuted to the penalty of reclusion perpetua with the accessory penalties provided in Article 40.

 "In all cases where the death sentence has become final, the records of the case shall be forwarded immediately by the Supreme Court to the Office of the President for possible exercise of the pardoning power."

Sec. 26. All laws, presidential decrees and issuances, executive orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Sec. 27. If, for any reason or reasons, any part of the provision of this Act shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

It is every hardworking Filipino’s dream to own a home. However, there are instances when their hard-earned money goes to waste because of falling victim to real estate scams. While buyers are hoping to provide a decent shelter that their families can roost in, there are people who are after their money. The good news is, buyers can still avoid these scams. Here are some of the common real estate scams that buyers need to avoid.

1.    Double Sale

Double sale of property refers to selling one property to two different people. This scam happens when the first buyer has not registered and transferred the title to their name. The owner will take advantage of the situation by reselling the property. As a result, both buyers will hold the same title under their own names.

2.    Insufficient Disclosure

Real estate agents or developers intentionally provide incomplete information to the prospective buyer. With this scam, the developer may appear to have an attractive offer but due to the insufficient information, prospects will think twice in committing to buying the property.  However, there are buyers who still fall prey to this scam and suffer from hidden charges, title complications and unsatisfactory structural facts.

3.    Fake Agents

Real estate agent posers will use the Internet to trick buyers into believing that they are selling affordable properties. More often than not, fake agents will create a website where listings are copied from a legitimate site. They will provide believable information to prospects and once buyers agree to paying the initial deposit, these fake agents will mysteriously disappear.

4.    Property Title Fraud

Everybody wants to get a great value for money and an agent that offers an affordable property will surely be appealing to prospects. Unfortunately, these affordable properties are non-existent. Once the security deposit is given to the fake agents, buyers will get fake property title in return.

How to avoid real estate scams?

•    Be sure that the developer or agent has a license to sell. This can be verified through Housing and Land Use Regulatory Board.

•    Ask the agent to visit the project site and the materials used to build the property.

•    Never attempt to sign blank Contract to Sell forms.

•    If still in doubt, consult a trusted lawyer to help you with accomplishing paperwork and signing any contract.

•    Purchase a property from a reputable developer with solid history of delivering properties in a timely manner and without compromising on quality.

•    For developers financing through Pag-Ibig Fund, buyers can verify if the property has been mortgaged with the Fund.

•    The buyer can also verify authenticity of the land title with the Register of Deeds.

•    It is safe to enter into a contract if the project already has a License to Sell.

•    Engage services of a licensed broker especially for pre selling projects.

•    Ask for official receipts when dealing with the owner or developer.

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

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

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

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

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

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

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

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

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

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

Although we try to leave a peaceful and trouble-free life as much as possible, there are times when we reach our boiling point causing us to explode at the slightest provocation. When you go overboard and cross lines, it is easy to use self-defense as an excuse for losing your temper. However, there is a law that corresponds to such violations. Whether it is a simple argument or suppressed anger and hate between parties, there is a consequence for the person who has inflicted physical pain to another person.

We may already be familiar with serious physical injuries, but how serious is serious? Is there supporting and tangible evidence that must be presented in order to support such claims? Article 262 to 266 tackles issues that physical injuries encompass.

PHYSICAL INJURIES

"Art. 262. Mutilation. — The penalty of reclusion temporal to reclusion perpetua shall be imposed upon any person who shall intentionally mutilate another by depriving him, either totally or partially, or some essential organ of reproduction.

Any other intentional mutilation shall be punished by prision mayor in its medium and maximum periods.

Art. 263. Serious physical injuries. — Any person who shall wound, beat, or assault another, shall be guilty of the crime of serious physical injuries and shall suffer:

1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the injured person shall become insane, imbecile, impotent, or blind;

2. The penalty of prision correccional in its medium and maximum periods, if in consequence of the physical injuries inflicted, the person injured shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such member, or shall have become incapacitated for the work in which he was therefor habitually engaged;

3. The penalty of prision correccional in its minimum and medium periods, if in consequence of the physical injuries inflicted, the person injured shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which he as habitually engaged for a period of more than ninety days;

4. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more than thirty days.

If the offense shall have been committed against any of the persons enumerated in Article 246, or with attendance of any of the circumstances mentioned in Article 248, the case covered by subdivision number 1 of this Article shall be punished by reclusion temporal in its medium and maximum periods; the case covered by subdivision number 2 by prision correccional in its maximum period to prision mayor in its minimum period; the case covered by subdivision number 3 by prision correccional in its medium and maximum periods; and the case covered by subdivision number 4 by prision correccional in its minimum and medium periods.

The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict physical injuries upon his child by excessive chastisement.

Art. 264. Administering injurious substances or beverages. — The penalties established by the next preceding article shall be applicable in the respective case to any person who, without intent to kill, shall inflict upon another any serious, physical injury, by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity.

Art. 265. Less serious physical injuries. — Any person who shall inflict upon another physical injuries not described in the preceding articles, but which shall incapacitate the offended party for labor for ten days or more, or shall require medical assistance for the same period, shall be guilty of less serious physical injuries and shall suffer the penalty of arresto mayor.

Whenever less serious physical injuries shall have been inflicted with the manifest intent to kill or offend the injured person, or under circumstances adding ignominy to the offense in addition to the penalty of arresto mayor, a fine not exceeding 500 pesos shall be imposed.

Any less serious physical injuries inflicted upon the offender’s parents, ascendants, guardians, curators, teachers, or persons of rank, or persons in authority, shall be punished by prision correccional in its minimum and medium periods, provided that, in the case of persons in authority, the deed does not constitute the crime of assault upon such person.

Art. 266. Slight physical injuries and maltreatment. — The crime of slight physical injuries shall be punished:

1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance during the same period.

2. By arresto menor or a fine not exceeding 20 pesos and censure when the offender has caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical assistance.

3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the offender shall ill-treat another by deed without causing any injury.”

With just a few days away from 2016 Presidential Election, Commission on Elections (COMELEC) is still dealing with minor glitches. Although Smartmatic International has already assured of an election free of technical issues, there are still some doubts on the effectiveness of vote counting machines in terms of delivering the fast and accurate results.

Smartmatic General Manager Elie Moreno assures voters that it’s all systems go after conducting a mock election on May 3, 2016. All of the vote counting machines have already been delivered and each machine has undergone an international certification review. A hardware acceptance test and local source code review have been put in place. There is a total of 92,509 VCMs, which will be used in the elections. In the event of technical failures, there are additional 5000 machines on standby, which will be used as backup.

The ballots are ready and the technology, which will be used for verifying votes has been checked. The final testing was conducted on Monday and even teachers who will serve as the inspectors of board of election have tested the machines. Although COMELEC encountered a problem with cyber security due to hacking of voter’s personal data, both COMELEC and Smartmatic gave an assurance that the machines are hack-free.

The VCMs are not connected to the Internet and with that said, Lawyer Karen Jimeno assures that hackers do not have access to the information. Jimeno also added that the level of encryption of VCM is 256 bits and this is much higher than the security used for banking programs. Aside from the high encryption level, Smartmatic also use an encrypted SD (Secure Digital) card. The card is intended for preventing tampering of election results.

The preparation of these vote counting machines is said to be in compliance with Republic Act No. 9369:

"SEC.14. Examination and Testing of Equipment or Device of the AES and Opening of the Source Code for Review. - The Commission shall allow the political parties and candidates or their representatives, citizens' arm or their representatives to examine and test.

"The equipment or device to be used in the voting and counting on the day of the electoral exercise, before voting start. Test ballots and test forms shall be provided by the Commission.

"Immediately after the examination and testing of the equipment or device, parties and candidates or their representatives, citizen's arms or their representatives, may submit a written comment to the election officer who shall immediately transmit it to the Commission for appropriate action.
"The election officer shall keep minutes of the testing, a copy of which shall be submitted to the Commission together with the minute of voting."

"Once an AES technology is selected for implementation, the Commission shall promptly make the source code of that technology available and open to any interested political party or groups which may conduct their own review thereof."

Aside from putting an end to contractualization, workers who consider themselves as minimum wage earners are also hoping for an increase in their wage rates. On May 1, which also happened to be the celebration of Labor Day, Cagayan Valley and Central Luzon finally got pay increases. Rosalinda Baldoz, labor secretary said that the provinces of Isabela, Quirino, Batanes, Cagayan and Nueva Viscaya currently have the minimum wage of P264 to P300.

The previous rates of Cagayan Valley provinces ranged from P219 to P255. According to the head of Department of Labor and Employment (DOLE) in Cagayan Valley, Pacifico Moralit, the said pay hike was the highest increase the region got for over two decades. Aside from Cagayan Valley, Central Luzon will also receive an increase of P7 in their wage.

“ART. 123. Wage Order. — Whenever conditions in the region so warrant, the Regional Board shall investigate and study all pertinent facts; and based on the standards and criteria herein prescribed, shall proceed to determine whether a Wage Order should be issued. Any such Wage Order shall take effect after fifteen (15) days from its complete publication in at least one (1) newspaper of general circulation in the region.

“In the performance of its wage determining functions, the Regional Board shall conduct public hearings/consultations, giving notices to employees’ and employers’ groups, provincial, city and municipal officials and other interested parties.

“Any party aggrieved by the Wage Order issued by the Regional Board may appeal such order to the Commission within ten (10) calendar days from the publication of such order. It shall be mandatory for the Commission to decide such appeal within sixty (60) calendar days from the filing thereof.

“The filing of the appeal does not stay the order unless the person appealing such order shall file with the Commission an undertaking with a surety or sureties satisfactory to the Commission for the payment to the employees affected by the order of the corresponding increase, in the event such order is affirmed.”

“ART. 124. Standards/Criteria for Minimum Wage Fixing. — The regional minimum wages to be established by the Regional Board shall be as nearly adequate as is economically feasible to maintain the minimum standards of living necessary for the health, efficiency and general well-being of the employees within the framework of the national economic and social development program. In the determination of such regional minimum wages, the Regional Board shall, among other relevant factors, consider the following:

“(a) The demand for living wages;

“(b) Wage adjustment vis-a-vis the consumer price index;

“(c) The cost of living and changes or increases therein;

“(d) The needs of workers and their families;

“(e) The need to induce industries to invest in the countryside;

“(f) Improvements in standards of living;

“(g) The prevailing wage levels;

“(h) Fair return of the capital invested and capacity to pay of employers;

“(i) Effects on employment generation and family income; and

“(j) The equitable distribution of income and wealth along the imperatives of economic and social development.

“The wages prescribed in accordance with the provisions of this Title shall be the standard prevailing minimum wages in every region. These wages shall include wages varying within industries, provinces or localities if in the judgment of the Regional Board conditions make such local differentiation proper and necessary to effectuate the purpose of this Title.

“Any person, company, corporation, partnership or any other entity engaged in business shall file and register annually with the appropriate Regional Board, Commission and the National Statistics Office an itemized listing of their labor component, specifying the names of their workers and employees below the managerial level, including learners, apprentices and disabled/handicapped workers who were hired under the terms prescribed in the employment contracts, and their corresponding salaries and wages.