There is only a thin line that separates genuine public servants from those who are just putting up a front. Some would resort to extreme measures just to win a seat in the public office, not because of the pure intention to serve, but the “perks” they get from it.  There are ghost projects that cost millions and when these public officials have nothing to present when asked for supporting documents, they seem to make up an excuse to maintain their innocence.

Malversation of public funds is a serious offence and should not be tolerated even if the violation is committed by a public official. Now, if holding public office gives you immunity and power to steal public funds, which could have been used for more useful projects, this is an obvious example of corruption at its finest.

Ex-Benguet mayor Bartolome Sacla Sr. and former municipal treasurer Manuel Bagayao were found guilty of misusing public funds, which amounted to P5 million. According to Commission on Audit (COA), there are two factors that demonstrate irregularity in this transaction: 1. there wasn’t any supporting document that will justify the issuance of the check; 2. an accountant’s advice was not issued, which is one of COA’s requirements.

This is a clear violation of Republic Act No. 1090:

“Section 1.     Article two hundred seventeen of the Revised Penal Code is amended to read as follows:

"Art. 217.     Malversation of public funds or property. — Presumption of malversation. — Any public officer who, by reason of the duties of his office, is accountable for public funds or property, shall appropriate the same, or shall take or misappropriate shall consent, or through abandonment or negligence, shall permit any other person to take such public funds or property, wholly or partially, or shall otherwise be guilty of the misappropriation or malversation of such funds or property, shall suffer:

"1.     The penalty of prision correccional in its medium and maximum periods, if the amount involved in the misappropriation or malversation does not exceed two hundred pesos.

"2.     The penalty of prision mayor in its minimum and medium periods, if the amount involved is more than two hundred pesos but does not exceed six thousand pesos. 

"3.     The penalty of prision mayor in its maximum period to reclusion temporal in its minimum period, if the amount involved is more than six thousand pesos but is less than twelve thousand pesos.

"4.     The penalty of reclusion temporal in its medium and maximum periods, if the amount involved is more than twelve thousand pesos but is less than twenty-two thousand pesos. If the amount exceeds the latter, the penalty shall be reclusion temporal in its maximum period to reclusion perpetua.

"In all cases, persons guilty of malversation shall also suffer the penalty of perpetual special disqualification and a fine equal to the amount of the funds malversed or equal to the total value of the property embezzled.

"The failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable, upon demand by any duly authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal uses."  

Pantawid Pamilyang Pilipino Program (4Ps) is the national government’s human development measure. Its main objective is to provide financial assistance to the poorest of the poor so basic needs such as education, health and nutrition are met. The program works like conditional cash transfer, which originated from Latin American and African countries. The Department of Social Welfare and Development (DSWD)is the government agency leading 4Ps.

With 17 regions in the Philippines, 79 provinces, 143 cities and 1484 municipalities covered by this program, national and local candidates are using the program as bait to get a sufficient number of supporters they need to win in the 2016 election. In one of the campaign rallies, one supporter attested to the “generosity” of a local candidate for choosing her as one of the beneficiaries of 4Ps. Other 4Ps members were warned of 500 cut if they refuse to join an activity, which is not even part of the activity of 4Ps.

The activity that posed a threat to the monthly assistance that the beneficiaries get is not part of the 4Ps program. While the election is a perfect time for unscrupulous candidates to deceive gullible voters in Class D and E, conditional cash grants should not be used as another instrument to win votes.
According to the explanatory note of Senator Miriam Defensor-Santiago “The Pantawid Pamilyang Pilipino Program (4Ps) is more than a welfare program; it addresses structural inequities in society and promotes human capital development of the poor, thus, breaking the intergenerational cycle of poverty. The conditions attached to the grants require parents to undergo trainings on responsible parenthood, have their children undergo health check-ups and ensure school attendance. The program ensures that there is sufficient resource for the health, nutrition and education of children aged 0-14 year old. An initial study on the pilot areas of the program shows promising results.”

Has the problem with poverty been properly addressed by this program? As of June 2015, there are 4,436,732 4Ps beneficiaries and 555,861 of which are classified as indigenous households. Unfortunately, the cash granted to the beneficiaries is not enough to put food on their plate on a daily basis. There are reports that poverty is still clutching the poor with its sharp claws. This is why some beneficiaries are left with no choice but to pawn their ATM to make ends meet. While the government has been closely monitoring beneficiaries involved in these prohibited practices, something has to be done. Aside from voter education, beneficiaries must also be aware that their situation should not be used by local and national candidates as an instrument for winning a seat in the 2016 election.

It is no secret that policemen have been involved in a series of crimes and while there are cops who continue to exude exemplary behaviour, bad still outnumbers the good. Due to the growing number of policemen involved in crimes, their tainted reputation no longer comes as a surprise. Some cops will take these in their stride, but an ordinary citizen will consider these issues a cause for alarm. Another reason for disappointment is the death of Adora Lazatin, found floating in the Pasig River on April 8, 2016, Friday. The perpetrators were nabbed for the victim’s kidnap-slay, and three of them are policemen.

PO1 Mark Jay de los Santos, Inspector Eljie Jacobe and PO1 Edmon Gonzales were arrested by the National Bureau of Investigation (NBI) over the weekend.  According to NBI, the perpetrators have withdrawn at least P200,000 from the victim’s savings account. Before Lazatin’s disappearance, Ryan, her son informed him that she was going to meet a prospective buyer and the prospect turned out to be PO1 Mark Jay de los Santos. Lazatin and De los Santos agreed to meet at a mall. Ryan reported his mother missing when she failed to answer text messages.  Aside from kidnapping with homicide, the five suspects are also facing charges for violating the access devices regulation law. 

“Sec. 10. Penalties. — Any person committing any of the acts constituting access device fraud enumerated in the immediately preceding Sec. shall be punished with:

(a) a fine of Ten thousand pesos (P10,000.00) or twice the value obtained by the offense, whichever is greater and imprisonment for not less than six (6) years and not more than ten (10) years, in the case of an offense under Sec. 9 (b)-(e), and (g)-(p) which does not occur after a conviction for another offense under Sec. 9;

(b) a fine of Ten thousand pesos (P10,000.00) or twice the value obtained by the offense, and imprisonment for not less than ten (10) years and for not more than twelve (12) years, in the case of an offense under Sec. 9 (a), and (f) of the foregoing Sec., which does not occur after a conviction for another offense under Sec. 9; and

(c) a fine of Ten thousand pesos (P10,000.00) or twice the value obtained by the offense, or imprisonment for not less than twelve (12) years and not more than twenty (20) years, or both, in the case of any offense under Sec. 9, which occurs after a conviction for another offense under said subSec., or an attempt to commit the same. “

The recently concluded Vice Presidential debate on Sunday resurrected issues on human rights violations under martial law. Among the six aspirants, Bongbong Marcos found himself in the hot seat and most of the aspirants grilled him for refusing to apologize for the violations committed under the martial rule of his father. Although decades have passed, vice presidential candidates just cannot bury the hatchet and forget the past.

Bongbong Marcos also said that he could not apologize for anyone else, only for himself and for what he had done. He also emphasized that every administration committed human rights violations, which is not only limited to unscrupulous killings. Based on the website of Human Rights Victims Claims Board, there are almost 80,000 claims and the application for claims ended on May 30, 2015. The monetary reparation can be found in Republic Act No. 10638.

“Section 4. Entitlement to Monetary Reparation. — Any HRVV qualified under this Act shall receive reparation from the State, free of tax, as herein prescribed: Provided, That for a deceased or involuntary disappeared HRVV, the legal heirs as provided for in the Civil Code of the Philippines, or such other person named by the executor or administrator of the deceased or involuntary disappeared HRVV’s estate in that order, shall be entitled to receive such reparation: Provided, further, That no special power of attorney shall be recognized in the actual disbursement of the award, and only the victim or the aforestated successor(s)-in-interest shall be entitled to personally receive said reparation form the Board, unless the victim involved is shown to be incapacitated to the satisfaction of the Board: Provided, furthermore, That the reparation received under this Act shall be without prejudice to the receipt of any other sum by the HRVV from any other person or entity in any case involving violations of human rights as defined in this Act.

Section 5. Nonmonetary Reparation. — The Department of Health (DOH), the Department of Social Welfare and Development (DSWD), the Department of Education (DepED), the Commission on Higher Education (CHED), the Technical Education and Skills Development Authority (TESDA), and such other government agencies shall render the necessary services as nonmonetary reparation for HRVVs and/or their families, as may be determined by the Board pursuant to the provisions of this Act. The amount necessary for this purpose shall be sourced from the budget of the agency concerned in the annual General Appropriations Act (GAA).

Section 6. Amount of Reparation. — The amount of reparation under this Act shall be in proportion to the gravity of the human rights violation committed on the HRVV and in accordance with the number of points assigned to the individual under Section 19 hereof.

Section 7. Source of Reparation. — The amount of Ten billion pesos (P10,000,000,000.00) plus accrued interest which form part of the funds transferred to the government of the Republic of the Philippines by virtue of the December 10, 1997 Order of the Swiss Federal Supreme Court, adjudged by the Supreme Court of the Philippines as final and executory in Republic vs. Sandiganbayan on July 15, 2003 (G.R. No. 152154) as Marcos ill-gotten wealth and forfeited in favor of the Republic of the Philippines, shall be the principal source funds for the implementation of this Act.”

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.”

When panic attacks take precedence over presence of mind, it is hard to gather your thoughts and pull yourself together during road accidents. For sure, the steps to take if you have gotten yourself into road accidents have not crossed your mind unless you are involved. While going to driving school provides you the dos and don’ts of driving, experience is somehow the best teacher. The basic laws of driving are covered under the Republic Act 4136 or the Land Transportation and Traffic Code. The Act provides motorists with the information on provisions and traffic laws.

Section 5 of the RA 4136 tackles the processes of registration of motor vehicles. It states that “all motor vehicles and trailer of any type used or operated on or upon any highway of the Philippines must be registered with the Bureau of Land Transportation for the current year in accordance with the provisions of this Act.”

A fee of fifty pesos (P50.00) will be collected by the Bureau of Land Transportation and this fee is intended for the annotation of a mortgage and other encumbrances.

Section 55 outlines the duty of the driver in case of accident:

“SECTION 55. Duty of Driver in Case of Accident. – In the event that any accident should occur as a result of the operation of a motor vehicle upon a highway, the driver present, shall show his driver’s license, give his true name and address and also the true name and address of the owner of the motor vehicle.

No driver of a motor vehicle concerned in a vehicular accident shall leave the scene of the accident without aiding the victim, except under any of the following circumstances:

1. If he is in imminent danger of being seriously harmed by any person or persons by reason of the accident;

2. If he reports the accident to the nearest officer of the law; or

3. If he has to summon a physician or nurse to aid the victim.”

For the driver, it is important to ensure safety of people who are involved in the accident. Taking pictures of the accident is also necessary because this will serve as evidence especially if the other person denies the incident that has taken place. When taking pictures of both vehicles, the license plates and the area where the accident occurred must be included.

If it is possible, your vehicle must be moved off to the side of the road and let the investigator get all the details related to the accident. The information will be reviewed later on. If the accident involves another driver, an exchange of information must be considered. The essential details that you need to gather are name, phone number, address, policy number, insurance company, driver’s license number and license plate number. Do not forget to include the make and model of the vehicle.

After the exchange of information, contact your insurance company so you will be able to find out about the coverage of your insurance. An accident report must also be filed with the police department. A police report can speed up the process of filing for insurance claims. The report can be filed at your local police station.

Crimes come in many forms these days. This is why people take necessary security measures to increase the level of protection and decrease the possibility of crimes. Unfortunately, vigilance may not be enough if culprits have a way of committing a crime without getting caught. A few weeks ago, a robbery-homicide case in Laguna has left fear to many especially to homeowners who are often left alone with their kids. In a country where alarm systems and other security devices are not yet considered a necessity, the only weapon a homeowner can arm himself with is vigilance.

In the Laguna robber-homicide case, the victim has taken some necessary precautions to protect herself and her one-year-old child from harm. An exchange of text messages with her spouse is proof that she followed best practices in letting a stranger inside her house. Unfortunately, the cunning suspects had better plans, and those were something that the victims were unprepared for.

While the information about the supposed suspect was obtained by the spouse, a shocking revelation just turned the spouse’s world upside down. During the earlier investigation, it was revealed, through the victim’s text message, that David Dela Cruz was the primary suspect of the heinous crime. It was all over the news and a hefty reward awaits those who can give leads to the suspect’s whereabouts. A few days later, a senior specialist from a telecom company named Christopher Oliveros said he was the person on the Identification card of the suspect.

Colleagues have attested that the specialist was in a different location when the incident happened. As the story unfolds, the truth becomes more and more alarming because Oliveros himself was a victim of identity theft. The picture shown on the ID card was stolen from his Facebook account.  Although the suspects have documents to show, those were fake documents. The job order taken from the victims’ residence was merely fabricated. The suspects were captured by a nearby CCTV in the area, and further investigations will be conducted to solve the puzzle. With this robbery-homicide case, vigilance may not be enough to stay protected against unscrupulous criminals.

The crimes related to identity theft are covered under the Republic Act No. 10173 or the Data Privacy Act of 2012 and the Republic Act 10175 or Cybercrime Prevention Act. The robbery-homicide suspects are still out in the streets. It may take weeks or months to consider this crime solved, but one thing is for sure, there are still predators, waiting for another victim to fall into their evil schemes. With the craftiness of these identity thieves, one could only hope for the best and prepare for the worst.

It is no secret that investment predators continue to victimize clients who are attracted to the idea of getting hefty returns from little investments. Who wouldn’t? The process is easy and you do not need to devote your time to gain awesome return on investment. However, the trust that clients put in this monkey business cannot be regained. Some clients have set their hard-earned money aside to secure their future, but in a blink of an eye, the money they invested just mysteriously disappears.

On March 7, 2016, 15 executives of a trading corporation faced charges of syndicated estafa. The executives tricked clients into investing, completely clueless about the dangers ahead of them. The clients were blinded by the executives' promise of returns on their investment, but those promises were never fulfilled. These executives have attracted potential clients because of a guaranteed return, which is obviously, too good to be true. People who wish to enter into this kind of investment must think twice especially when the information is limited or deceptive. If you have an attractive business offer that seems to provide you the best way to invest your money, you need to stop and think. Visit Securities and Exchange Commission so you can obtain useful information on the proper way to invest your money and the companies you need to avoid.

The 15 Executives Violated Republic Act No. 8799 Or The Securities Regulation Code:

“PROTECTION OF SHAREHOLDERS INTERESTS
Section 19. Tender Offers. – Any person or group of persons acting in concert who intends to acquire at least 15% of any class of any equity security of a listed corporation of any class of any equity security of a corporation with assets of at least fifty million pesos (50,000,000.00) and having two hundred(200) or more stockholders at least one hundred shares each or who intends to acquire at least thirty percent(30%) of such equity over a period of twelve months(12) shall make a tender offer to stockholders by filling with the Commission a declaration to that effect; and furnish the issuer, a statement containing such of the information required in Section 17 of this Code as the Commission may prescribe. Such person or group of persons shall publish all request or invitations or tender offer or requesting such tender offers subsequent to the initial solicitation or request shall contain such information as the Commission may prescribe, and shall be filed with the Commission and sent to the issuer not alter than the time copies of such materials are first published or sent or given to security holders.

(a) Any solicitation or recommendation to the holders of such a security to accept or reject a tender offer or request or invitation for tenders shall be made in accordance with such rules and regulations as may be prescribe.

(b) Securities deposited pursuant to a tender offer or request or invitation for tenders may be withdrawn by or on behalf of the depositor at any time throughout the period that tender offer remains open and if the securities deposited have not been previously accepted for payment, and at any time after sixty (60) days from the date of the original tender offer to request or invitation, except as the Commission may otherwise prescribe.

(c) Where the securities offered exceed that which person or group of persons is bound or willing to take up and pay for, the securities that are subject of the tender offers shall be taken up us nearly as may be pro data, disregarding fractions, according to the number of securities deposited to each depositor. The provision of this subject shall also apply to securities deposited within ten (10) days after notice of increase in the consideration offered to security holders, as described in paragraph (e) of this subsection, is first published or sent or given to security holders.

(d) Where any person varies the terms of a tender offer or request or invitation for tenders before the expiration thereof by increasing the consideration offered to holders of such securities, such person shall pay the increased consideration to each security holder whose securities are taken up and paid for whether or not such securities have been taken up by such person before the variation of the tender offer or request or invitation.

19.2. It shall be lawful for any person to make any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made in the light of the circumstances under which they are made, not mis-leading, or to engaged to any fraudulent, deceptive or manipulative acts or practices, in connection with any tender offer or request or invitation for tenders, or any solicitation for any security holders in opposition to or in favor of any such favor of any such offer, request, or invitation. The Commission shall, for the purposes of this subsection, define and prescribe means reasonably designed to prevent, such acts and practices as are fraudulent, deceptive and manipulative.”

The Republic Act No. 7279 or the Urban Development and Housing Act is authored by former senator Jose D. Lina and the law has been in existence for many years but, until now, it is misunderstood. While the law aims to pay serious attention to homeless citizens more often referred to as informal settlers, there are some guidelines and procedures that need to be followed in the event of demolition. One of the misconceptions is that informal settlers have the right to own the land if they have been squatting on it for more than 10 years. Unfortunately, this claim has no basis in the law. Thus, it remains a false belief that informal settlers continue to embrace.

There are also scenarios when private landowners pay informal settlers as a form of compensation. Although, private landowners are not prohibited to provide financial assistance to informal settlers who have agreed to relocate, giving money to squatters should be a voluntary act. Prior to relocation, squatters need to be consulted, but consultation does not necessarily mean that their consent is also needed. The role of the government is to ensure that all available resources are exhausted to ensure that the relocation site is near the settlers’ job sites. Without the settlers’ consent, the government will still push through with searching for a suitable relocation site.

Informal settlers do not own the land and this is why they have limited rights. They can be ejected based on ejection and accion publiciana.  Ejectment refers to unlawful detainer or forcible entry while accion publiciana refers to the plenary action to recover the better possession right.

Section 28 of this Act outlines eviction and demolition procedures:

“Sec.  28. Eviction and Demolition. — Eviction or demolition as a practice shall be discouraged. Eviction or demolition, however, may be allowed under the following situations:

(a) When persons or entities occupy danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places such as sidewalks, roads, parks, and playgrounds;      
    
(b) When government infrastructure projects with available funding are about to be implemented; or

(c) When there is a court order for eviction and demolition.chanrobles virtual law library

In the execution of eviction or demolition orders involving underprivileged and homeless citizens, the following shall be mandatory:

(1) Notice upon the effected persons or entities at least thirty (30) days prior to the date of eviction or demolition;     
           
(2) Adequate consultations on the matter of settlement with the duly designated representatives of the families to be resettled and the affected communities in the areas where they are to be relocated;

(3) Presence of local government officials or their representatives during eviction or demolition;

(4) Proper identification of all persons taking part in the demolition;

(5) Execution of eviction or demolition only during regular office hours from Mondays to Fridays and during good weather, unless the affected families consent otherwise;

(6) No use of heavy equipment for demolition except for structures that are permanent and of concrete materials;

(7) Proper uniforms for members of the Philippine National Police who shall occupy the first line of law enforcement and observe proper disturbance control procedures; and

(8) Adequate relocation, whether temporary or permanent: Provided, however, That in cases of eviction and demolition pursuant to a court order involving underprivileged and homeless citizens, relocation shall be undertaken by the local government unit concerned and the National Housing Authority with the assistance of other government agencies within forty-five (45) days from service of notice of final judgment by the court, after which period the said order shall be executed: Provided, further, That should relocation not be possible within the said period, financial assistance in the amount equivalent to the prevailing minimum daily wage multiplied by sixty (60) days shall be extended to the affected families by the local government unit concerned.

This Department of the Interior and Local Government and the Housing and Urban Development Coordinating Council shall jointly promulgate the necessary rules and regulations to carry out the above provision.”

Fraternities, sororities and other organizations in and out of the campus consider hazing as an initiation rite. Whoever survives becomes a full-fledged member of an organization. Unfortunately, hazing has affected the lives of neophytes and their families due to the numerous cases of death. The bill, if enacted into a law will impose stiffer penalties against all kinds of hazing activities. Fraternities and sororities will also be closely monitored to ensure that this unacceptable initiation rite will be prevented from taking place. The Department of Justice (DOJ) supports House Bill 5760 and shares the same intention of putting a stop of fraternity violence, which is prevalent in the campus.

If this house bill will be enacted into a law, Republic Act No. 8049 or the Anti-Hazing Law will be repealed. The bill will also provide restriction of community-based fraternities and the penal provisions will be more rigid. If the members and officers of the organization have been found guilty of committing a crime of hazing, they will pay a fine of P1 million and serve a sentence of 12 to 20 years in prison.  Members and officers who are under the influence of illegal drugs or alcohol will pay a fine of P2 million. Life imprisonment will also be imposed upon them. There will be greater penalties if the hazing rite resulted in the death, mutilation, rape of any individual. There are several proposals related to the regulation of hazing and other forms of initiation rites. Two of which have been proposed by Senator Tito Sotto and Senator Miriam Defensor-Santiago.

Here’s the summary of the current anti hazing law (R.A. 8049:

“Section 1. Hazing, as used in this Act, is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury. 

The term "organization" shall include any club or the Armed Forces of the Philippines, Philippine National Police, Philippine Military Academy, or officer and cadet corp of the Citizen's Military Training and Citizen's Army Training. The physical, mental and psychological testing and training procedure and practices to determine and enhance the physical, mental and psychological fitness of prospective regular members of the Armed Forces of the Philippines and the Philippine National Police as approved ny the Secretary of National Defense and the National Police Commission duly recommended by the Chief of Staff, Armed Forces of the Philippines and the Director General of the Philippine National Police shall not be considered as hazing for the purposes of this Act. 

Sec. 2. No hazing or initiation rites in any form or manner by a fraternity, sorority or organization shall be allowed without prior written notice to the school authorities or head of organization seven (7) days before the conduct of such initiation. The written notice shall indicate the period of the initiation activities which shall not exceed three (3) days, shall include the names of those to be subjected to such activities, and shall further contain an undertaking that no physical violence be employed by anybody during such initiation rites. 

Sec. 3. The head of the school or organization or their representatives must assign at least two (2) representatives of the school or organization, as the case may be, to be present during the initiation. It is the duty of such representative to see to it that no physical harm of any kind shall be inflicted upon a recruit, neophyte or applicant.”

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

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

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

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

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

“Section 49. Fines and Penalties -

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

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

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

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

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

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

We paid, they collected, we suffered. How about diving in a cesspool full of corrupt government officials waiting for another unsuspecting victim to prey on? P50 fee may not seem like a big deal but when this is paid for the supposed Land Transporation Office (LTO) stickers, you will wonder, where in the world did your money go? Did it just self-destruct or disappear into thin air after the people from LTO receive the fee? This excuse is tongue-in-cheek. Maybe the stickers are really existent except that only wise people can see them (talk about Emperor’s New Clothes). Let us know if that is the case and we will pretend that we do see those “special stickers”.

While the amount may not be something for a car owner to worry about, after all, it is just 50 pesos, but collectively, they are worth millions. These fees are collected from an estimated eight million car owners, and when the owners of registered vehicles came to collect the stickers, the agency known for its notoriety has nothing (as in zero) to show. The million dollar question is: where have all those fees gone?

It is easy to fabricate stories as to why the stickers are not yet available. These people from LTO can just tell car owners that the magical paper used for creating the stickers are not yet available. Of course, these car owners are not gullible to buy such a phony story. If you are already getting used to this kind of system, paying another P50 for “new stickers” may no longer be a big deal, but it does leave a bad taste in your mouth. How can you put your trust in these agencies when all they do is to scam people in many guises?

LTO is not only facing serious issues with releasing of stickers but license plates as well. They require motorists to pay the fee, but the stickers are not delivered. According to reports, LTO only released stickers for two-wheeled vehicles, but not for four-wheeled vehicles. This waiting game is going to test the motorists’ patience.

If you have keenly observed the number of years you have been paying for these stickers, you will come to realize that you have been completely ripped off. You were tricked into believing that these stickers really exist, but they are just a façade of the dark truth about unscrupulous fee collection that has been dragging LTO into the quagmire of corruption. From a far, these people looked as though they were drowning, but they are simply waving the fees they collected from motorists.

If there is one routine that most people are stuck in, it is taking rants to social media at the same rate an individual changes clothes. During a social-media induced hysteria, your fingers seem to have a mind of their own. They think for themselves carrying one sole mission: to win the cyber word war. Online bashing or cyber bullying has become prevalent during the election period. Just visit one of the electoral candidate’s Facebook page and you will realize how a die-hard supporter can dominate the comments section.

Social media users enjoy basking in the glory of anonymity that it becomes an addiction like a druggie to cocaine. Online bashers can easily get out of this situation scot-free because they can create fake accounts and comment as they please. Unfortunately, these internet trolls just do not know when to stop because they know no limitations. They can post rude comments in rapid succession and get away with it.

These social media platforms have become an avenue for no-holds-barred expressions and a passive-aggressive way of venting out. Employees who are against their employer may choose to create a Facebook Group where they can freely express their turmoil and discontentment. These individuals can put up a façade and report to work as though everything is perfectly fine. Cyber bullying comes in many forms, but it yields the same negative result.

A bill that may soon put a stop to cyber bullying has been proposed by Camarines Sur Representative Rolando Andaya. Anti-Cyber Bullying Act of 2015, if enacted into a law cyberbullies will receive a penalty between six months and six years imprisonment. They will also pay a fine of not less than P50,000 to a maximum of 100,000.

The following offenses are considered to be a violation of anti-cyber bullying act of 2015:

“a) Repeatedly sending offensive, rude and insulting message;

b) Distributing derogatory information about the victim;

c) Posting or sending offensive photos of the victim, whether these are digitally altered or not, or were taken with or without consent, with the intention to humiliate and embarrass the victim;

d) Breaking into an email, social networking or any electronic account and using the victim’s virtual identity to send, upload or distribute embarrassing materials to or about others;

e) Sharing the victim’s personal information or any embarrassing information, or tricking the victim into revealing personal or embarrassing information and sharing it to others; and

f) Repeatedly sending messages that include threats of harm or engaging in online activities that cause fear on the victim’s safety.”

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

Article 247 states:

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

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

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

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

The law only applies if the following elements are present:

“1. The offender is any legally married person;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Subsequent offenses:

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

Aside from knowing the essential elements of a rental contract, tenants and landlords are also interested to know the law on tenant eviction in the Philippines. The rental law varies from country to country and with that being said, tenant eviction cannot take place if it does not coincide with the local law.  More often than not, non-payment is the most common reason for tenant eviction but before a landlord can evict a tenant, certain obligations must also be taken into consideration.  A landlord must ensure that the unit is habitable. The owner must also be compliant with health laws and building statutes.

A property owner or landlord cannot evict a tenant immediately without delivering three day notice. It is against the law to change the locks without the tenant’s consent. If the tenant’s eviction is due to non-payment and the tenant decides to pay the rent, then the problem has been resolved. However, if the tenant refuses to pay or leaves the property, the issue will be taken to court. For both parties, the process can be very expensive and time-consuming.

A landlord must also keep in mind that eviction does not happen in an instant. If the tenant fails to pay for three consecutive months, the landlord has the right to sue the tenant. The landlord needs to wait for the tenant’s response to a writ given by the court indicating abandonment. The police will be the one to evict a tenant under court order.

Aside from non-payment, a landlord has the right to evict a tenant for subleasing a property or unit without prior consent from the landlord. If the landlord decides to repair or use the unit, the tenant must also vacate the property at a given time. In theory, the tenant is given three month formal notice, which can be delivered by mail or handed personally to the tenant. If the property will only undergo repair, the tenant has the right to rent the property again. For condemned buildings or units, the landlord should give a fifteen day notice to the tenant to leave the unit.

While it can be frustrating to evict a tenant who refuses to pay rent after the grace period, the landlord should not take the matter into his own hands. Instead, call the police to evict the tenant to avoid facing serious consequences. Landlords are also encouraged to make the tenant leave the property voluntarily because taking the matter to court is costly and can take so much of your precious time.

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

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

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

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

Overseas Filipino Workers (OFW) who are trying their luck in other countries to seek greener pasture and to make dreams and aspirations of their family a reality always carry a heavy heart, knowing they are thousand miles away from their loved ones. Aside from taking advantage of modern technologies to speak with their loved ones, another way of showing their love is by means of sending Balikbayan boxes. It takes months to fill these boxes and raising tax-exempt value for these Balikbayan boxes is good news. Senator Ralph Recto authored Bill 2913 and before the bill was approved tax-exempt value only applied to boxes with contents more than P10,000.

OFW can also send two boxes at a time, but they must keep in mind that they can only enjoy this privilege up to three times in a calendar year. If an OFW sends two boxes which are not more than P150,000, these boxes are counted as one. Recto also reminds OFW that the boxes should only contain personal and household effects. They should not be intended for sale or barter.

Here is an overview of the bill’s explanatory note:

“Article XIII, Section 3 of the 1987 Philippine Constitution declared that the State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. In recognition of this policy, Congress has enacted laws that  promote, protect and ensure full protection to Overseas Filipino Workers (OFWs). In recognition of the significant contributions of OFWs and other Filipinos residing abroad to the Philippine economy through their foreign exchange remittances, the Government afforded some benefits and privileges to them such as those provided under the Republic Act No. 6768, as amended by Republic Act No. 9174, otherwise known as the "Balikbayan Program." Under the program, the "balikbayans" and their families shall be entitled to tax-exempt maximum purchase in the amount of One Thousand Five Hundred United States dollars (US$ 1,500.00) or its equivalent in Philippine peso and in other foreign currencies at all government-owned and-controlled/operated duty-free shops, and Kabuhayan shopping privilege and additional tax-exempt purchase in the maximum amount of Two Thousand United States dollars (US$ 2,000.00) or its equivalent in Philippine peso and other acceptable foreign currencies, exclusive for the purchase of livelihood tools at all government-owned and controlled/operated duty-free shops.

Section 105 (f) of the Tariff and Customs Code of the Philippines (TCCP), as amended by Executive Order No. 206, includes in the list of conditionally-free importations the personal and household effects of residents of the Philippines returning from abroad which shall neither be in commercial quantities nor intended for barter, sale or hire and that the total dutiable value of which shall not exceed Ten Thousand Pesos (10,000).”

The increasing number of vehicular accidents in the country is mainly due to the driver’s fault according to Land Transportation Office (LTO) statistics. In fact, about 80 percent of these accidents have been blamed on the driver’s carelessness. Is there any reason for the alarming increase of vehicular accidents? It all goes back to obtaining driver’s license where a series of tests is conducted to ensure that the driver is fit to drive. Unfortunately, “fixers” never cease to prey on people who want to take the shortest route for processing their application. This means, applicants no longer have to undergo the long and tedious process of undergoing medical, drug and driving tests.

Now, if these applicants have horrible eye sights, they will have trouble seeing traffic signs. Bypassing the drug test can also have a serious impact because letting users or pushers drive is already an accident waiting to happen. If an applicant undergoes the usual process for obtaining a license, they will also be required to take a written exam. Fixers already have pre-answered examination forms, which are given to the applicants who agree to the fixers’ terms.

The drivers, who have obtained their license legally, can go to war in full battle gear. They are prepared and well-trained because they know what to do. On the other hand, people who have only obtained their licenses with the help of fixers can be compared to a defenseless soldier. This is unfair to those who choose to wait for hours just to get their license. Imagine waiting in line while others have the ability to bypass these processes.

Aside from fixers, there are other problems that LTO has yet to face. How would you feel if your supposed sticker has not been registered or to put it bluntly, has been non-existent? You paid 50 pesos for the plate sticker in high hopes that your vehicle has been registered then lo and behold, you were duped!

Under the Aquino administration alone, LTO has already pocketed a whopping P410 million pesos from owners who are completely clueless. If you think the Bureau of Customs (BOC) and Bureau of Internal Revenue (BIR) are doing the corruption indiscreetly, LTO has just broken the record.  LTO owes every vehicle owner an explanation. For just 50pesos, this agency has pocketed 410 million pesos and to say they have ripped everyone off is indeed an understatement. LTO will not refund the money, but they cannot even explain where the money went. The reasons are esoteric and mysterious, or perhaps, like the plate stickers, non-existent.

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

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

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

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

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

Approved: June 21, 1963”