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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.

How Do You Settle The Estate Of A Dead Person

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

6 Steps To Settling The Estate Of A Deceased Person

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

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

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

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

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

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

What Is Extortion?

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

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

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


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

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

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

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

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

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

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

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

Immediate Resignation: When Is It Considered Valid?

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

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

What happens if you do not provide resignation notice?

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

When can an employee resign without serving any notice?

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

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

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

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

4.Other causes analogous to any of the foregoing.

Separation Pay

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

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

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

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

Murder Versus Homicide: How Can You Tell The Difference

One of the most controversial cases that is currently undergoing further investigation is the case of two arrested suspects for illegal drug possession who were killed by Pasay City cops. The suspects for the possession of illegal drugs were Renato Bertes and Jaypee Bertes, residents of Ignacio Street in Pasay City. According to the investigation, only one handcuff was used for restraining two drug suspects. Things went out of hand upon their return to the detention cell. When PO2 Alipio Balo was removing the handcuff, Renato attempted to grab the gun. Balo was able to take control of the gun and shot Renato while PO1 Michael Tomas shot Jaypee.

Murder charges were filed against two policemen involved in the killing of the drug suspects. Although the investigation held on August 22, covered other cases of extra judicial killing, the case of the two policemen were the first to undergo scrutiny. Senior Supt. Nolasco Bathan was in the hot seat as Senator Leila de Lima, chair of justice and human rights committee asked for the basis of filing the murder case. Bathan was not able to give a clear answer, leading De Lima to probe more. Bathan said that the murder charges were filed because someone got killed. De Lima wanted to know why file murder charges instead of homicide. What is the difference between homicide and murder?

Premeditation

Premeditation refers to the action of planning something beforehand. This means that the killer has already made a decision to kill or thought about killing another person. This may require meticulous planning to make the killing appear to be an accident.

"Art. 248. Murder. — Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances:

1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity.

2. In consideration of a price, reward, or promise.

3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin.

4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity.

5. With evident premeditation.

6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.

Art. 249. Homicide. — Any person who, not falling within the provisions of Article 246, shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal."

Bill Criminalizes Fathers Who Fail To Provide Child Support

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

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

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

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

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

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

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

Abused Women And Their Children: Not Waving But Drowning

Many women cry(or even die) in silence and the bruises all over their body are tell tale signs of domestic abuse. According to the Center for Women's Resources (CWR), from year 2010 and 2014, the violations of the Anti-Violence Against Women and Children Act increased by 200 percent.  In a country where male dominance is still considered part of the culture, some women remain submissive despite the pain they have to endure. Victims of domestic violence continue to be in chains because of giving importance to the sanctity of marriage. Women who are abused also stay for the sake of their children, but the trauma continues as children would sometimes witness the physical and emotional torture being inflicted upon the mother. In fact, children are not spared from violence because their frail body is also used as punching bag when the father has temper tantrums. Unfortunately, violence is not limited to physical abuse. So, what are considered acts of violence against women and their women.

SEC. 5. Acts of violence against women and their children under R.A. No. 9262.—Violence against women and their children is committed through any of the following acts:

(a)            Causing, threatening or attempting to cause physical harm to the woman or her child;

(b)            Placing the woman or her child in fear of imminent physical harm;

(c)            Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or to desist from conduct which the woman or her child has the right to engage in, or attempting to restrict .or restricting the woman’s or her child’s freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical on other harm, or intimidation directed against the woman or her child.

This shall include, but is not limited to, the following acts committed with the purpose or effect of controlling or restricting the movement or conduct of the woman or her child:

(1)     Threatening to deprive or actually depriving the woman or her child of custody or access to her/his family;

(2)     Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman’s children insufficient financial support;

(3)     Depriving or threatening to deprive the woman or her child of a legal right; and

(4)     Preventing the woman from engaging in any legitimate profession, occupation, business or activity except in cases where the spouse or partner on valid, serious  and moral grounds, or controlling the victim’s own money or property, or solely controlling the conjugal or common money or property;

(d)            Inflicting or threatening to inflict physical ham on oneself for the purpose of controlling her actions or decisions;

(e)            Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman   or her child or her/his immediate family;

(f)             Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child.

This shall include, but is not limited to, the following acts:

(1)     Stalking or following the woman or her child in public or private places;

(2)     Peering in the window or lingering outside the residence of the woman or her child;

(3)     Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;

(4)     Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or child; and

(5)     Engaging in any form of harassment or violence; or

(g)            Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of a minor child or denial of access to the woman’s child.

Dos And Don'ts For Landlords And Tenants

The key to the success of renting out your property is ensuring that you keep your tenants happy. However, this rule does not only apply to landlords as tenants also have their own responsibilities. More often than not, tenants and landlords end up dealing with complaints and problems because there was no complete closure of the responsibilities each party needs to fulfill.

Dos (Landlords)

-Screen your tenants
It is not enough that your tenants have the ability to pay the rent because there are also other factors that you need to take into consideration. Incurring damages to your property is often inevitable. This is where comparing good apples to bad apples come into play. Make sure you pick the best tenant by putting them through a series of interviews as part of the screening process.

-Ensure tenant's safety
It is your responsibility as a landlord to ensure that your property is a livable and safe place. Make sure you check anything for repairs. If there are fixtures in need of attention, consider having a maintenance schedule. Electrical and gas equipment must be regularly checked by trusted technicians.

-Respect tenants' privacy
Tenants should enjoy their privacy even when they are renting your property. If you need to inspect the property, be sure to schedule your visits. You can freak your tenants out if you show up in the wee hours of the morning for inspection. Tenants surely appreciate if landlords value their privacy.

-Prepare a contract
Verbal agreements may appear to be the easiest way to bind a tenant into a commitment. However, if problems arise, both parties will be in a no-win situation. Even if the occupant is a friend or an acquaintance, it still pays to prepare a lease contract that is notarized as much as possible. Both parties will be protected when there is a written contract.

Don'ts (Landlords)

-Overcharge
Renting out your place is such a big step to make, but this should not be used as an excuse for overcharging tenants. Be sure to learn about the rental market so you will know the reasonable price range. You will have difficulties finding a lessee if you attempt to overcharge. The rate must be reasonable for both parties.

-Forget about the rent due date
Non-paying tenants have always been the bane of every landlord's existence. This is why you need to encourage them to pay their rent on time. You need to be stern but respectful at the same time. While it can be frustrating to deal with tenants who always fail to make timely payments, you should avoid nagging them.

-Ignore problems with the property
If a landlord is employed full-time, it is easy to slack off in maintenance. It is necessary that you check your property from time to time to know if it needs improvement. If your tenants are making timely payments, they also deserve to live in a safe and problem-free place.

Dos (Tenants)

-Inspect the property

There might be some instances that you prefer to do your transactions online and searching for a property or place to rent is no exception. While the place may look nice in the picture, nothing beats inspecting the property in person to know whether or not you are getting a good deal.

-Read and sign a contract
A written contract protects you from any disputes due to not fulfilling the agreements that the landlord has promised. If you have a contract both parties will know if the conditions have been performed. Never sign a contract without reading the terms and conditions thoroughly. Ask questions if there is something in the contract you need to clarify.

-Pay on time
Rent payment is used for maintenance or paying the utility bills. Delayed payments may also result in a series of inconveniences ranging from lack of electricity, water supply, interrupted internet connectivity and many others.

Don'ts (Tenants)

-Damage the property
As a tenant, it is your responsibility to take care of the landlord's property you rented. In the event of property damage, you should make it a point to shoulder the cost for repair or maintenance.

-Violate lease contract agreement
Once you have signed the contract, it is an indicator that you have agreed to its terms and conditions. If you violate any of the agreements, the landlord has the right to evict you. Make sure you follow rules including making timely payments.

How Would You Know You Are Committing Cyber-Bullying Via Social Media?

It seems so easy to pick on someone via social media because of the freedom to remain anonymous. Cyber-bullying has been plaguing people because of the damage it causes that are sometimes beyond repair. There are quite a few examples of cyber-bullying taken to extremes. Just recently, A woman was doing the rounds on the Internet because of ranting about a man whom he perceived to be "ungentleman" for failing to offer a seat during an MRT ride. Her comments went a little too personal that it earned the ire of netizens. Cyber-bullying did not end with just an exchange of derogatory remarks because the ones who criticized the woman were also doing the same thing.

What acts considered as cyber-bullying?

"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."

What to do about cyber-bullying?

1. Take a screenshot of the hateful messages and save it.
2. Be sure to inform your loved ones about the attacks you receive.
3. Inform the authorities about the attacks.
4. If the bully uses social accounts, report the account being used.
5. Change your mobile number if these are also being used for the attacks.
6. Deactivate your account and try to avoid going online for a time being. Online aggression from the bully can be monitored by your friends or family.
7. Seek professional counseling.
8. Seek police help.

Things may not always go your way, but this does not mean that you should use social media as an avenue for expressions. Be sure to think twice before posting anything to social media because not everyone understands. Remember that photos speak volumes and anyone can be a storyteller. Everyone can have a bad day, but instead of using Facebook and other social accounts to vent out, talk to your friends and loved ones. It saves you from bullying and being bullied plus you get advice from real people.

In Employment, Age No Longer Matters

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

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

Republic Act 10911: Anti-Age Discrimination in Employment Law

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

Age Limitation Exception

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

Penalties

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

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

The Process Of Evicting A Non-Paying Tenant

While you may try to do everything to ensure renting out your property runs smoothly, there are still instances when you need to deal with a non-paying tenant. There might be other grounds for tenant eviction, but non-payment is the most common. Some prefer to create a verbal agreement while others secure a contract. With or without a contract, a tenant who fails to pay for a maximum of three months can be subject for ejectment. However, things are always easier said than done. Here's what you need to know about ejectment:

Grounds and process of ejectment

"Sec.  5.  Grounds for Judicial Ejectment. — Ejectment shall be allowed on the following grounds:

    a.  Subleasing or assignment of lease of residential units in whole or in part, without the written consent of the owner/lessor: Provided, That in case of subleases or assignments executed prior to the approval of this Act, the sublessor/assignor shall have sixty days from the effectivity of this Act within which to obtain the written approval of the owner/lessor or terminate the sublease or assignment.

    b.  Arrears in payment of rent for three (3) months at any one time: Provided, That in case of refusal by the lessor to accept payment of the rental agreed upon, the lessee shall either deposit, by way of consignation, the amount in court, or in a bank in the name of and with notice to the lessor.

    c.  Need of owner/lessor to repossess his property for his own use for the use of any immediate member of his family as a residential unit, such owner or immediate member not being the owner of any other available residential unit: Provided, however, That the period of lease has expired: Provided, further, That the lessor has given the lessee notice three months in advance of the lessor's intention to repossess the property: and Provided, finally, That the owner/lessor or immediate member stays in the residential unit for at least one year, except for justifiable cause.

    d.  Ownership by the lessee of another residential unit which he may use as his residence: Provided, That the lessee shall have been notified by the lessor of the intended ejectment three months in advance.

    e.  Need of the lessor to make necessary repairs of the leased premises which is the subject of an existing order of condemnation by the appropriate administrative authorities concerned in order to make the said premises safe and habitable: Provided, That after said repair, the lessee ejected shall have the right of first refusal of the lease of the same premises.

    f.  Expiration of the period of a written lease contract. "

Exact Change Is Indeed Coming

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

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

No Shortchanging Act

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

The Penalties

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

When Your Name Becomes Your Bane: Change Of Name

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

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

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

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

Rule 103 (Change of Name)

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

Your Rights As A Part-Time Employee

With the growing number of unemployed individuals in the Philippines, employment is deemed a privilege. A privilege that some employers tend to exploit due to the employee's lack of basic knowledge of the labor law. Some employees are well aware of their rights and exercise it when they feel that employers are already crossing the lines. There are employees that remain oblivious to the fact that they are giving more to the employers and only getting less. Part-time employment may seem less glamorous than its counterpart: the full-time employment. However, it does not necessarily mean that this type of employment will not entitle employees of the benefits they so deserve. DOLE's explanatory bulletin explains the right of a part-time employee:

On payment of wages and statutory monetary benefits

As the Labor Code benefits are generally based on the 8-hour workday schedule, the employer may pay “proportionately decrease the daily wage and wage-related benefits granted by law.” This presupposes that there is no contrary stipulation in the employment contract, company policy, CBA, requiring full payment for 8 hours a day despite a shorter work schedule.

The above rule applies the principle of fairness and equity, as well as the principle of “a fair day’s wage for a fair day’s labor.”
On security of tenure

Part-time employees enjoy security of tenure.

As with full-time employees, part-time employees may only be terminated from employment after observance of due process. Due process termination requires the observance of substantive due process and procedural due process. Non-compliance with due process will result in illegal dismissal of a part-time employee.

Curiously, the Bulletin states that part-time employees are entitled to security of tenure only if they become regular employees. “Once they become regular employees, they are entitled to security of tenure under the law, and can only be separated for a just or authorized cause and after due process.”

It is respectfully submitted that this is incorrect.

The principle of security of tenure enshrined in the 1987 Constitution applies to all employees – without exception. As a part-time employee is undoubtedly and without question an employee, then the principle of security of tenure likewise applies to such employee.

Further, it should be borne in mind that a part-time employee may be a regular despite the shorter working schedule. To be clear, a regular employee may be a full-time regular or a part-time regular. The Supreme Court no less has recognized such a situation.

In Perpetual Help Cooperative, Inc. v. Faburada, it was held that a part-time employee may be a regular despite rendering less than the eight hours of work a day. “That [the employee] worked only on a part-time basis does not mean that he is a not a regular employee. Ones regularity of employment is not determined by the number of hours one works but by the nature and by the length of time one has been in that particular job.”

As the Bulletin was issued in 1996 and the Perpetual Help Cooperative case was promulgated in 2005, it is submitted that the said case law supersedes the Bulletin insofar as there may be inconsistencies.
On probationary employment

In the Bulletin, probationary employment for part-time employees may extend the prescribed six (6) months period to the extent that the total number of hours work would be equal to that of a full-time employee under probation.

The justification is anchored on the “intent of the law in allowing a probationary period prior to regularization.”[6] The employer’s main reason for insisting the 6-month probation is to test the employee’s fitness for employment during that time. Thus, the number of normal working days and hours within the probationary period should be observed. “For this reason, part-timers should become regular in status, after working for the total number of hours or days, which completes a six-month probationary period of a full-time worker in the same establishment doing the same job under normal circumstances.”

The Rule Of Procedure For Small Claims Cases

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

The Steps For Filing For A Small Claims Case

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

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

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

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

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

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

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

>Contract of loan;

>Contract of services;

>Contract of sale; or

>Contract of mortgage;

For damages arising from:

>Fault or negligence;

>Quasi-contract; or

>Contract;

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

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

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

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

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

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

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

Can You File A Case Against Rumor-Mongers?

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

Article 26, Chapter 2: Human Relations

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

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

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

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

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

Discussion/Explanation:

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

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

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

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

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

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

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

Know The Basics of Philippine Labor Law

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

Hours of work

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

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

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

Rest Day

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

Holidays

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

How Can An Illegitimate Child Be Entitled To Child Support

Child support is an issue that unmarried mothers have to face when the child is born out of wedlock. It is often difficult to chase after fathers who have abandoned children to avoid responsibility. In general, children born outside a valid marriage is referred to as illegitimate children, but there are other reasons for illegitimacy.

1. Children born of couples below 18, regardless of the existence of marriage;
2. Children born of incestuous marriages;
3. Children born of adulterous relations between parents;
4. Children born of other void marriages specified under Article 15;
6. Children born of bigamous marriages.

Two Types of Illegitimate Children

1. Recognized illegitimate child: This is the child that the father recognizes or acknowledges. The child is also allowed to use the father's surname. The father can recognize the filiation through: admission made in a public document, admission made in a private handwritten document and father's recognition through the record of birth appearing in the civil register.

2. Unrecognized illegitimate child:The child is know recognized by his biological father and has to use the mother's surname.

While recognized illegitimate children are entitled to the father's support, the unrecognized child may only get support from the father if the relationship between the child and the father is proven. 

"Chapter 3. Illegitimate Children

Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.

The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent. (289a)

Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. Except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force. (287a)
 
Chapter 4. Legitimated Children

Art. 177. Only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated. (269a)

Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation. (270a)

Art. 179. Legitimated children shall enjoy the same rights as legitimate children. (272a)

Art. 180. The effects of legitimation shall retroact to the time of the child's birth. (273a)

Art. 181. The legitimation of children who died before the celebration of the marriage shall benefit their descendants. (274)

Art. 182. Legitimation may be impugned only by those who are prejudiced in their rights, within five years from the time their cause of action accrues. (275a)"

Reasons For A Mother To Lose Child Custody

In general, the full custody of a child below seven is given to the mother. However, a mother may risk losing custody if found guilty of subjecting children to any type of abuse.

The compelling reasons for a mother to lose child custody:

1. insanity
2. neglect
3. abandonment
4. immorality and unemployment
5. habitual drunkenness
6. drug addiction
7. maltreatment of the child
8. affliction with a communicable illness

For children older than seven years of age, they have the right to state their preference. However, the court is not bound by the children's choice as it also has to exercise its discretion by ensuring that the parent who gets the custody is deemed fit for the role. The custody may also be given to a third person.

"Art. 209. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and well‑being. (n)

The State ought not to interfere with the right of parents to bring up their child unless its exercise causes potential harm to him. The State steps in, through the law, only if there are compelling reasons to do so. State intrusion is uncalled for where the welfare of a child is not jeopardized.

Regardless of marital circumstances, the mother and the father are presumed to be fit and competent to act in the best interest of their child. They can agree to share parental authority or, if you will, parental custody even as they decide to live under separate roofs. In a voluntary joint custody the mother might want to keep the child in her home during schooldays but allow the father to have him on weekends. And they could agree on some device for arriving at a consensus on where the child will study and how his spiritual needs are to be attended to.

The law does not take away from a separating couple the authority and competence to determine what is best for their child. If they resolve on their own that shared parental custody is in their child's best interest, then the law and the courts have no business vetoing their decision. The parents enjoy a primary right to make such decision. I cannot concede that, where the child is below seven years of age, any agreement that diminishes the mothers absolute custody over him is void.

The second paragraph of Article 213 of the Family Code should not be read as prohibiting separated couples from agreeing to a custody arrangement, other than sole maternal custody, for their child of tender age. The statutory preference for the mothers custody comes into play only when courts are compelled to resolve custody fights between separated parents. Where the parents settle the matter out of court by mutual agreement, the statutory preference reserved to the mother should not apply.

A reading of the entire text of Article 213 shows that the second paragraph applies only to custody disputes that have reached the courtroom. Thus:

Article 213. In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit.

No child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise.

It is unmistakable that the legislative policy is to vest the separated mother with physical custody of the child under seven years old, in cases where the courts are called upon to designate a parent for the exercise of parental authority. The second sentence of the first paragraph and the second paragraph itself merely qualify the general rule expressed in the first sentence that parental authority shall be exercised by the parent designated by the Court, in case of parental separation.

In choosing the parent who will exercise parental authority, the court must take into account all relevant considerations. One of these is the child's age, as the court is directed to give due regard to the child's choice, if the child is more than seven years of age. If the child, however, is below seven years of age, the court cannot separate the child from the mother, except for compelling reasons. This is the import of the entire provision.

Thus, no legislative policy is violated if separated parents are allowed to voluntarily agree to a child custody arrangement other than sole maternal custody. It is not the policy of the state to prohibit separated parents from compromising on child custody even if the child is of tender age. On the contrary, voluntary custody agreements are generally favored as it can only work for the best interest of the child.

It is not logical to say that the Court would be subverting the legislative policy of avoiding a tragedy where a mother has seen her baby torn away from her if separated parents are allowed to enter into a joint custody agreement. It can hardly be said that a child is being torn away from the mother, if the mother sees the wisdom and benefit of sharing custody of the child with the father. The voluntary nature of the agreement negates any deep sorrow or sense of deprivation that the mother may experience on account of her separation from the child."

Couple Caught Selling Illegal Drugs In Social Media

In today's digital age, people find online business transactions convenient and hassle-free as order can be placed in a few clicks. While mouse potatoes reap the benefits of online transactions, drug pushers are also taking advantage of the proliferation of technology. On July 17, Bonn Antiquera and his girlfriend Odessa Caneda were nabbed for selling marijuana through online transaction. The couple used social media to transact with prospective customers.  According to Darroca, they get their supply from Cebu City and shipped through a roll-on roll-off vessel. An estimated value of P162,000 or ten kilos of marijuana were recovered inside the couple's vehicle. Due to the decreasing supply of shabu (methamphetamine hydrochloride), some drug dealers have resorted to selling marijuana.The couple violated RA No. 9165 or the Dangerous Drugs Act of 2002.

"Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.- .The penalty of life imprisonment to death and a ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall import or bring into the Philippines any dangerous drug, regardless of the quantity and purity involved, including any and all species of opium poppy or any part thereof or substances derived therefrom even for floral, decorative and culinary purposes.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall import any controlled precursor and essential chemical.

The maximum penalty provided for under this Section shall be imposed upon any person, who, unless authorized under this Act, shall import or bring into the Philippines any dangerous drug and/or controlled precursor and essential chemical through the use of a diplomatic passport, diplomatic facilities or any other means involving his/her official status intended to facilitate the unlawful entry of the same. In addition, the diplomatic passport shall be confiscated and canceled.

The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator of the provisions under this Section.

Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any controlled precursor and essential chemical, or shall act as a broker in such transactions.

If the sale, trading, administration, dispensation, delivery, distribution or transportation of any dangerous drug and/or controlled precursor and essential chemical transpires within one hundred (100) meters from the school, the maximum penalty shall be imposed in every case.

For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and messengers, or in any other capacity directly connected to the dangerous drugs and/or controlled precursors and essential chemical trade, the maximum penalty shall be imposed in every case.

If the victim of the offense is a minor or a mentally incapacitated individual, or should a dangerous drug and/or a controlled precursor and essential chemical involved in any offense herein provided be the proximate cause of death of a victim thereof, the maximum penalty provided for under this Section shall be imposed.

The maximum penalty provided for under this Section shall be imposed upon any person who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator of the provisions under this Section."

Can An Abandoned Spouse Remarry?

Have you ever wondered if long separation is a valid reason for nullity of marriage? For instance, the husband left his family to work abroad, but after a few years, decided to stop communicating with his spouse. There is no communication and by no communication means that the spouse does not know where the husband resides. The line of communication became non-existent. Will this be a reason for remarrying someone? There is a common misconception that once a husband is separated from a spouse, it becomes a reason for one to automatically remarry. While not communicating with the spouse for so many years may seem like another case of abandonment, remarrying someone is not that simple. For an individual to remarry, petition for annulment must be filed.

Art. 35. The following marriages shall be void from the beginning:

    "(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;

    (2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;

    (3) Those solemnized without license, except those covered the preceding Chapter;

    (4) Those bigamous or polygamous marriages not failing under Article 41;

    (5) Those contracted through mistake of one contracting party as to the identity of the other; and

    (6) Those subsequent marriages that are void under Article 53.


Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. (As amended by Executive Order 227)

Art. 37. Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate:

    (1) Between ascendants and descendants of any degree; and

    (2) Between brothers and sisters, whether of the full or half blood. (81a)


Art. 38. The following marriages shall be void from the beginning for reasons of public policy:

    (1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;

    (2) Between step-parents and step-children;

    (3) Between parents-in-law and children-in-law;

    (4) Between the adopting parent and the adopted child;

    (5) Between the surviving spouse of the adopting parent and the adopted child;

    (6) Between the surviving spouse of the adopted child and the adopter;

    (7) Between an adopted child and a legitimate child of the adopter;

    (8) Between adopted children of the same adopter; and

    (9) Between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse. (82)


Art. 39. The action or defense for the declaration of absolute nullity of a marriage shall not prescribe. (As amended by Executive Order 227 and Republic Act No. 8533; The phrase "However, in case of marriage celebrated before the effectivity of this Code and falling under Article 36, such action or defense shall prescribe in ten years after this Code shall taken effect"has been deleted by Republic Act No. 8533 [Approved February 23, 1998]).

Art. 40. The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void. (n)

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

For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse. (83a)

Art. 42. The subsequent marriage referred to in the preceding Article shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse, unless there is a judgment annulling the previous marriage or declaring it void ab initio.

A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the parties to the subsequent marriage at the instance of any interested person, with due notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is disputed. (n)

Art. 43. The termination of the subsequent marriage referred to in the preceding Article shall produce the following effects:

    (1) The children of the subsequent marriage conceived prior to its termination shall be considered legitimate;

    (2) The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or, if there are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent spouse;

    (3) Donations by reason of marriage shall remain valid, except that if the donee contracted the marriage in bad faith, such donations made to said donee are revoked by operation of law;

    (4) The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable; and

    (5) The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession. (n)


Art. 44. If both spouses of the subsequent marriage acted in bad faith, said marriage shall be void ab initio and all donations by reason of marriage and testamentary dispositions made by one in favor of the other are revoked by operation of law. (n)

Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:

    (1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;

    (2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;

    (3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;

    (4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;

    (5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or

    (6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. (85a)


Art. 46. Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article:

    (1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;

    (2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;

    (3) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or

    (4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.

No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage."



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