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Attorneys of the Philippines Legal News

Welcome to our legal news pages. Here is where we provide updates about what's happening in Philippines legal news, and publish helpful articles and tips for Pinoys researching legal matters.

DOJ Supports Senate Bills Making Hazing A Crime

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If this house bill will be enacted into a law, Republic Act No. 8049 or the Anti-Hazing Law will be repealed.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.”

What Every Tenant And Landlord Should Know About Rental Contracts In The Philippines?

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.

A Proposed Amendment To Put A Lid On Smoke Belching Vehicles

Aside from the worsening traffic condition in Metro Manila, air pollution is another problem that continues to plague city dwellers. In answer to the growing concern on air pollution, a lawmaker proposed House Bill 6298, which will be in conjunction with Section 46 of Republic Act 8749 or better known as the Philippine Clean Air Act of 1999. The current version aims to penalize both operators and drivers of smoke belching vehicles. The proposed amendment shifts its focus to the operators since the drivers are just employees and they do not have access or proper means for vehicle repairs according to Quezon City Rep. Alfredo Vargas lll.

Vargas also emphasizes the role of operators in repairing or replacing parts that can be detrimental to passing the emission standards. The fines range from 2000 to 6000, and an additional one-year suspension of the motor vehicle registration (MVR) once offense has been committed for the third time. In the proposed amendment, the fines will range from 6000 to 10000 and a one-year suspension of MVR. Vargas also cited that one of the biggest factors Metro Manila continues to have poor air quality is the air pollution from the motor vehicles.

Here’s an overview Sec. 46 of the Philippine Clean Air Act:

SEC. 46. Violation of Standards for Motor Vehicles.- No motor vehicle shall be registered with the DOTC unless   it meets the emission standards set by the Department as provided in Sec. 21 hereof.

Any vehicle suspected of violation of emission standards through visual signs, such as, but not limited to   smoke-belching, shall be subjected to an emission test by a duly authorized emission testing center. For this   purpose, the DOTC or its authorized testing center shall establish a roadside inspection system. Should it be   shown that there was no violation of emission standards, the vehicle shall be immediately released. Otherwise, a testing result indicating an exceedance of the emission standards would warrant the continuing custody of   the impounded vehicle unless the appropriate penalties are fully paid, and the license plate is surrendered to the DOTC pending the fulfillment of the undertaking by the owner/operator of the motor vehicle to make the   necessary repairs so as to comply with the standards. A pass shall herein be issued by the DOTC to authorize   the use of the motor vehicle within a specified period that shall not exceed seven (7) days for the sole purpose   of making the necessary repairs on the said vehicle. The owner/operator of the vehicle shall be required to   correct its defects and show proof of compliance to the appropriate pollution control office before the vehicle   can be allowed to be driven on any public or subdivision roads.

In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on pollution control   management conducted by the DOTC and shall also suffer the following penalties:

    a) First Offense - a fine not to exceed Two Thousand Pesos (P2,000.00);

    b) Second Offense - a fine not less than Two Thousand Pesos (P2,000.00) and not to exceed Four
    Thousand Pesos (P4,000.00); and

    c) Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not less than   Four Thousand Pesos (P4,000.00) and not more than Six thousand pesos (P6,000.00).

Any violation of the provisions of Sec. 21 paragraph (d) with regard to national inspection and maintenance   program, including technicians and facility compliance shall penalized with a fine of not less than Thirty   Thousand Pesos (P30,000.00) or cancellation of license of both the technician and the center, or both, as   determined by the DTI.

All law enforcement officials and deputized agents accredited to conduct vehicle emissions testing and   apprehensions shall undergo a mandatory training on emission standards and regulations. For this purpose,   the Department, together with the DOTC, DTI, DOST, Philippine National Police (PNP) and other concerned   agencies and private entities shall design a training program.

Republic Act No.10611 Or The Food Safety Act Of 2013

Fast food has become a staple diet for busy people especially when time is not enough for food preparation. What could be worse than sinking your teeth into your favorite food, unperturbed to the fact that it is crawling with germs? You have already consumed and digested your meal before discovering that there is an additional “ingredient”, which is, without a doubt, a recipe for disaster. A person will more likely choose to starve to death than eat contaminated food. There have been several complaints about food poisoning and unsafe food handling practices. While some complainants are already well-aware of the steps to take, others still need guidance so their complaints will not end up falling on deaf ears. 

The Republic Act No. 10611 otherwise known as the “Food Safety Act of 2013” strengthens food safety regulatory system in our country. The law provides protection to consumers so they will have access to local foods and food products that have undergone thorough and rigid inspection. 

Under Section 3 of the Republic Act, the objectives are as follows:

“(a) Protect the public from food-borne and water-borne illnesses and unsanitary, unwholesome, misbranded or adulterated foods;

(b) Enhance industry and consumer confidence in the food regulatory system; and

(c) Achieve economic growth and development by promoting fair trade practices and sound regulatory foundation for domestic and international trade.”

The food safety regulatory system combines various processes to ensure that food safety standards are met. Food safety standards refer to the formal documents, which contain the food requirements that the food processors need to comply with so human health is safeguarded. These safety standards are implemented by law and authorities. Some of the processes that are under the regulatory system include inspection, testing, data collection, monitoring and other activities, which are carried out by various food safety regulatory agencies. 

Under Section No. 37, these acts are prohibited:

(a) Produce, handle or manufacture for sale, offer for sale, distribute in commerce, or import into the Philippines any food or food product which is not in conformity with an applicable food quality or safety standard promulgated in accordance with this Act.

(b) Produce, handle or manufacture for sale, offer for sale, distribute in commerce, or import into the Philippines any food or food product which has been declared as banned food product;

(c) Refuse access to pertinent records or entry of inspection officers of the FSRA;

(d) Fail to comply with an order relating to notifications to recall unsafe products;

(e) Adulterate, misbrand, mislabel, falsely advertise any food product which misleads the consumers and carry out any other acts contrary to good manufacturing practices;

(f) Operate a food business without the appropriate authorization;

(g) Connive with food business operators or food inspectors, which will result in food safety risks to the consumers; and

(h) Violate the implementing rules and regulations of this Act

 

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