A private act committed in public places is an offense against decency and good customs. For instance, making out is normal for couples, but when the act is committed in public places, it is considered as highly scandalous and offensive to good customs and morals hence, the individuals involved may be charged of the crime of grave scandal.  Other offenses against decency and good customs include:

Art. 200. Grave Scandal

A. Concept: It is a crime consisting of the performance or doing any act which is highly scandalous as to offend against decency and good custom.

1.  The act, either a physical observable activity or audible noise, both of which scandalizes those who see or hear them. As for instance the act of engaging in a torrid kissing, urinating or defecating or going around in scanty attire, or loud obscene sex noises 

2.  They must be done either:  (a) In a public place i.e where people usually go or congregate such as in parks, movie houses, bazaars, malls. In these places the presence of third persons is not required. (b) Within public knowledge or public view. This refers to private houses, rooms, grounds, veranda, but the noises made are so loud or the acts can be seen by third persons. The third person must not however be a Peeping Tom.   

B. The act must not be punished under any other provision of the Code as this is a crime of last resort or a catch-all crime. 

C. The scandalous acts affect public morals or sensitivity and have nothing to do with violations of public peace and tranquility. Thus two persons fighting or shouting at each other in a public place would constitute Alarm and Scandal. But when these same two persons engage in a strip tease contest in full view of people, the act would be Grave Scandal.

Art. 201 Immoral Doctrines, Obscene Publications and Exhibitions and Indecent Shows.

A. Persons or acts  punished:

1.  Those who expound  or proclaim doctrines contrary to public morals

a). As for instance advocating polygamy or wife-swapping or killing off the mental/physical retardates to improve the Filipino race

b). What about advocating same-sex marriage? Or opening an exclusive ”nudist camp”? 

2. In reference to Obscene literature

a). The authors if they had knowledge of the publishing of their works. Thus writing an obscene literature is not per se punished but if the authors said works to be circulated to any third person, then they become liable. If the wok is stolen and circulated without their knowledge, they are not liable. 

b). The editors publishing such literature

c). The owners/operators of the establishment selling the same 

3.   In reference to obscene, indecent, or immoral plays, acts or shows:

a). The persons who exhibit them including the producers, actors, movie house/theater owners

b). These include plays, acts, shows which

(i)  glorify criminals or condone crimes

(ii)  serve no other purpose but to satisfy the market for violence, lust or pornography

(iii)  offend any race or religion

(iv)  tend to abet traffic in and sue of prohibited drugs

(v) are contrary to law, public order, morals, good customs, established policies, lawful orders, decrees and edicts 

4.  Persons who sell, give away, or exhibit films, prints, engravings, sculptures, or literature, which are offensive to morals. Hence mere possession of pornographic literature is not per se punished. It is the act of distributing to people or circulating the same which is punished. Letting one person borrow or read is not however distributing. 

Art. 202. Vagrants and Prostitutes

I.( Is this a crime against status?) There are four kinds of Vagrants:

1.(The Lazy one). A person with no apparent means of subsistence, but physically able to work, neglect to apply himself to some lawful calling

a). It is not being unemployed per se which is punished but the refusal to look for work

2. (The Tourist) Any person found loitering about public or semi public buildings or places, or tramping or wandering about the country or streets without visible means of support

3. (The bugao and maton) An idle or dissolute (immoral, lax, unrestrained) person who lodges in houses of ill fame, ruffians (barairongs in Ilokano) or one who habitually associates with prostitutes

a. Absence of visible means of support is not required hence wealthy people may be vagrants under this mode

4. ( The suspicious stranger) One found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable reason

a.The vagrant may have wealth

b.This is a preventive measure to prevent the commission of some other more serious offense

c.The estate is not fenced

Whether you are selling your home or purchasing a new one, it pays to transact with a licensed real estate broker for a smoother transaction. It might not seem like a big deal but there are people who have their own share of horror stories due to dealing with real estate brokers who are not licensed.

A broker can either make your life easier or a living hell once transactions go wrong. Buying and selling a real property entails risks when a real estate broker is not licensed. With a professional license, a buyer or seller is protected because these real estate brokers have a license to protect. The real estate brokers who fail to abide by the law will have their license revoked. A buyer or seller can verify if a real estate broker is licensed by visiting PRC’s official website.

“Section 29. Prohibition Against the Unauthorized Practice of Real Estate Service. - No person shall practice or offer to practice real estate service in the Philippines or offer himself/herself as real estate service practitioner, or use the title, word, letter, figure or any sign tending to convey the impression that one is a real estate service practitioner, or advertise or indicate in any manner whatsoever that one is qualified to practice the profession, or be appointed as real property appraiser or assessor in any national government entity or local government unit, unless he/she has satisfactorily passed the licensure examination given by the Board, except as otherwise provided in this Act, a holder of a valid certificate of registration, and professional identification card or a valid special/temporary permit duly issued to him/her by the Board and the Commission, and in the case of real estate brokers and private appraisers, they have paid the required bond as hereto provided.

Section 30. Positions in Government Requiring the Services of Registered and Licensed Real Estate Service Practitioners. - Within three (3) years from the effectivity of this Act, all existing and new positions in the national and local governments, whether career, permanent, temporary or contractual, and primarily requiring the services of any real estate service practitioner, shall be filled only by registered and licensed real estate service practitioners.
All incumbent assessors holding permanent appointments shall continue to perform their functions without need for re appointment and without diminution of status, rank and salary grade, and shall enjoy security of tenure. However, they may not be promoted to a higher position until they meet the qualification requirements of that higher position as herein prescribed. Nothing in this Act shall be construed to reduce any benefit, interest, or right enjoyed by the incumbents at the time of the enactment of this Act. The appointing authority shall exercise his power to appoint the assessor in accordance with the provisions of this Act only when a vacancy occurs.”

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

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

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

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

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

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

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

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

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

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

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

Have you ever been told not to sign a contract without taking time to read the terms and conditions? While every contract is created in good faith, there are instances when conditions are not something that every tenant can agree on. Landlords and tenants may have verbal agreements, but these can be reversed in a written contract. Before signing a contract, take time to read the fine print and getting a property lawyer to help you understand the terms and conditions will also be a wise move. A contract is essential for both short-term and long-term rentals. It binds agreements and protects both parties in the event the contract is breached.

Before a tenant can rent a residential property, landlords will require a deposit. This is often referred to as security deposits. In most cases, the rules for security deposits are almost similar in many countries. The tenant is required to pay a fixed amount, which will be used for repairing damages that the tenant incurs. However, the landlord will pay the deposit back if there is no damage to the property.  Unfortunately, there is no way to prove that a tenant has left the property damage-free unless pictures were taken. This is why tenants must make an effort to take pictures when moving in as a way of documenting any damage that is already present prior to occupying the property. You can present the proof once the landlord inspects the rental property.

Aside from deposits, another area of concern for tenants is the security of the rental property. While this can be pretty subjective especially when this is based on the location where the property is situated, a tenant always looks for a property that can ensure their safety. To reduce the chances of being robbed, it is necessary to check the security measures of your prospective rental location. More often than not, condos are equipped with security cameras to closely monitor day-to-day activities.

In the previous years, tenants are protected by Rent Control Act of 2009, but this act has already expired on December 31, 2015.  Reading and understanding the elements of contracts are the tenant's and landlord's line of defense.

Vital Elements Of A Rental Contract

•    Responsible parties. All tenants or lessees must be listed to ensure that all the adult individuals on the contract are jointly liable for breach of contract.

•    Payment and deposit. The contract must also indicate all monetary provisions including the rental amount and the security deposit. The frequency of payment and the acceptable modes of payment must be included.

•    Summary of fees. Other fees must be outlined and the parties responsible for each should also be indicated.

•    Rules, limitations, policies and disclaimers. As a landlord, policies on pets, sub-letting and allowing visitors should be clearly stated. This way, the lessees are not going to feign ignorance in case issues related to rental agreements arise.

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

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

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

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

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

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

The extra-judicial killings are one of the reasons why human rights violations in the country continue to increase. Perpetrators continue to roam the streets as killings go unpunished.  Although the Philippines does not have a large-scale armed conflict, the Committee to Protect Journalists (CPJ) considers the Philippines as one of the countries with the worst offenders. Until now, the perpetrators have not paid for the crime they committed. Based on 2015 Global Impunity Index, the Philippines has the highest impunity rates. Human rights groups and advocates also put the blame on the present administration for the lack of urgency in addressing this concern.

Extrajudicial killings have been so rampant that it becomes an ordinary yet sickening scenario. Some of the killings are said to be politically motivated, but one thing is for sure, the victims’ cries for justice continue to fall on deaf ears. A perfect example of sluggish justice system in the country is the trial of the retired Army Maj. Gen. Jovito Palparan. 

He currently faces kidnapping and illegal detention charges. The two missing farmers and University of the Philippines students Sherlyn Cadapan and Karen Empeno were suspected to be members of the New People’s Army, a communist group. General Palparan’s trial is still ongoing and the two students are still missing. There are still other cases of extrajudicial killings, in which justice has not been served. The family members of the victims of Maguindanao massacre and Lumad killings continue to seek elusive justice. These human rights violations continue to bring fear since they day the country has been placed under Martial Law courtesy of Marcos regime. 

Human rights violation is defined in Section 3 of the Republic Act No, 10368:

“(b) Human rights violation refers to any act or omission committed during the period from September 21, 1972 to February 25, 1986 by persons acting in an official capacity and/or agents of the State, but shall not be limited to the following:

(1) Any search, arrest and/or detention without a valid search warrant or warrant of arrest issued by a civilian court of law, including any warrantless arrest or detention carried out pursuant to the declaration of Martial Law by former President Ferdinand E. Marcos as well as any arrest., detention or deprivation of liberty carried out during the covered period on the basis of an “Arrest, Search and Seizure Order (ASSO)”, a “Presidential Commitment Order {PCO)” or a “Preventive Detention Action (PDA)” and such other similar executive issuances as defined by decrees of former President Ferdinand E. Marcos, or in any manner that the arrest, detention or deprivation, of liberty was effected;

(2) The infliction by a person acting in an official capacity and/or an agent of the State of physical injury, torture, killing, or violation of other human rights, of any person exercising civil or political rights, including but not limited to the freedom of speech, assembly or organization; and/or the right to petition the government for redress of grievances, even if such violation took place during or in the course of what the authorities at the time deemed an illegal assembly or demonstration: Provided, That torture in any form or under any circumstance shall be considered a human rights violation;

(3) Any enforced or involuntary disappearance caused upon a person who was arrested, detained or abducted against one’s will or otherwise deprived of one’s liberty, as defined in Republic Act No. 10350 {{1}}, otherwise known as the “Anti-Enforced or Involuntary Disappearance Act of 2012”

(4) Any force or intimidation causing the involuntary exile of a person from the Philippines;

(5) Any act of force, intimidation or deceit causing unjust or illegal takeover of a business, confiscation of property, detention of owner/s and or their families, deprivation of livelihood of a person by agents of the State, including those caused by Ferdinand E. Marcos, his spouse Imelda R. Marcos, their immediate relatives by consanguinity or affinity, as well as those persons considered as among their close relatives, associates, cronies and subordinates under Executive Order No. 1, issued on February 28, 1986 by then President Corazon C. Aquino in the exercise of her legislative powers under the Freedom Constitution;

(6) Any act or series of acts causing, committing and/or conducting the following:

(i) Kidnapping or otherwise exploiting children of persons suspected of committing acts against the Marcos regime;

(ii) Committing sexual offenses against human rights victims who are detained and/or in the course of conducting military and/or police operations; and

(iii) Other violations and/or abuses similar or analogous to the above, including those recognized by international law.”

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

What is bullying?

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

The following is considered acts of bullying: 

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

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

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

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

Procedures and strategies for bullying:

• Report acts of bullying;

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

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

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

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

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

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

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

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