Perhaps you have that one neighbor you really cannot stand because of their behavior. Whether they create noise pollution or they are plain annoying, there are instances when enough is enough. You may have surely reached your boiling point when your neighbors have caused damage to your property. However, making your neighbor pay for the damages is easier said than done. How can a person be held liable for the crime? What law does he or she violate?

MALICIOUS MISCHIEF

Art. 327. Who are liable for malicious mischief. — Any person who shall deliberately cause the property of another any damage not falling within the terms of the next preceding chapter shall be guilty of malicious mischief.

Art. 328. Special cases of malicious mischief. — Any person who shall cause damage to obstruct the performance of public functions, or using any poisonous or corrosive substance; or spreading any infection or contagion among cattle; or who cause damage to the property of the National Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in common by the public, shall be punished:

1. By prision correccional in its minimum and medium periods, if the value of the damage caused exceeds 1,000 pesos;

2. By arresto mayor, if such value does not exceed the abovementioned amount but it is over 200 pesos; and

3. By arresto menor, in such value does not exceed 200 pesos.

Art. 329. Other mischiefs. — The mischiefs not included in the next preceding article shall be punished:

1. By arresto mayor in its medium and maximum periods, if the value of the damage caused exceeds 1,000 pesos;

2. By arresto mayor in its minimum and medium periods, if such value is over 200 pesos but does not exceed 1,000 pesos; and

3. By arresto menor or fine of not less than the value of the damage caused and not more than 200 pesos, if the amount involved does not exceed 200 pesos or cannot be estimated.

Art. 330. Damage and obstruction to means of communication. — The penalty of prision correccional in its medium and maximum periods shall be imposed upon any person who shall damage any railway, telegraph or telephone lines.

If the damage shall result in any derailment of cars, collision or other accident, the penalty of prision mayor shall be imposed, without prejudice to the criminal liability of the offender for the other consequences of his criminal act.

For the purpose of the provisions of the article, the electric wires, traction cables, signal system and other things pertaining to railways, shall be deemed to constitute an integral part of a railway system.

Art. 331. Destroying or damaging statues, public monuments or paintings. — Any person who shall destroy or damage statues or any other useful or ornamental public monument shall suffer the penalty of arresto mayor in its medium period to prision correccional in its minimum period.

Any person who shall destroy or damage any useful or ornamental painting of a public nature shall suffer the penalty of arresto menor or a fine not exceeding 200 pesos, or both such fine and imprisonment, in the discretion of the court.

Most people consider watching TV as a valuable source of information and a popular form of entertainment. Whether you want to watch local or international news, telenovelas, cartoons, gameshows and whatnot, the television has so much to offer. However, some who suffer from hearing loss or hearing impairment will not be able to enjoy what they are watching. This is why the new law requiring TV stations to include subtitles will make it easier for the deaf community to understand what they are watching. Republic Act No. 10509 or "An act requiring all franchise holders or operators of television stations and producers of television programs to broadcast or present programs with closed captions options, and for other purposes". 

The act will exempt the following:

(a) Public service announcements that are shorter than ten (10) minutes;

(b) Programs shown in the early morning hours from 1:00 a.m. to 6:00 a.m.;

(c) Programs that are primarily textual in nature; and

(d) When compliance would be economically burdensome.

Section 4. Penalties.— Any franchise holder or operator of television stations and producer of television programs who shall violate the provisions of this Act shall be punished by a fine of not less than fifty thousand pesos (₱50.000.00) but not more than one hundred thousand pesos (₱100,000.00) or by imprisonment of not less than six (6) months but not more than one (1) year, or both, at the discretion of the court.

In case the offender is a corporation, partnership or association, or any other juridical person, the president, manager, administrator, or person-in-charge of the management of the business who knowingly and willfully voted or assented or acted with bad faith and gross negligence to the unlawful act punishable under this Act shall be liable therefor. In addition, the license or permit to operate its business shall be cancelled.

Section 5. Implementing Rules and Regulations.— The Movie and Television Review and Classification Board, in consultation with the National Telecommunications Commission and other concerned agencies and entities, shall promulgate the necessary rules and regulations within one hundred twenty (120) days from the effectivity date of this Act, including guidelines and applications of exemption, system of warnings, penalties and appeals, and monitoring and compliance.

I was skimming through a series of bar exam question samples and one question that caught my eye was about alarms and scandals. The question was: Supposed a woman rented a condo unit equipped with indoor swimming pool. One evening, the woman decided to take a swim naked. Although the pool is situated in a private location, people who are renting other units can still get a good view of the woman swimming in her birthday suit. Some people were feasting their eyes and others were taking pictures. Others took offense to the view of the naked woman. Is skinny dipping violating the law on alarms and scandals? For us to know whether or not the woman has violated the law, we need to take a look at the situations in which the crime of alarms and scandals is committed. 

Art. 155. Alarms and scandals. — The penalty of arresto menor or a fine not exceeding P200 pesos shall be imposed upon:

1. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other explosives calculated to cause alarm or danger;

2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility;

3. Any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb the public peace; or

4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public places, provided that the circumstances of the case shall not make the provisions of Article 153 applicable.

Alarms and scandals are crimes of disturbance. It has to do with bringing disturbance to public peace. Scandalous acts deemed offensive to good customs, morals and public policy are considered as crimes of disturbance. Note that the crime is committed if it is disturbing the peace in public nature. Now going back to the question, is the woman guilty of committing the crime of disturbance?

In the case of going skinny dipping, while the act may seem to be insensitive, it does not necessarily mean it is illegal. While the act caught other people's attention, the pool is situated in a private location. The act was not for everyone's viewing pleasure. Although there were people checking out the woman going skinny dipping, the woman had no intention to cause disturbance. The woman was merely enjoying the water and not to entice other people into ravishing her forms. 

You may have already encountered a person offering you goods and because of an attractive offer, you agree to buying the item at a much cheaper price. However, the item you purchased was stolen and when you were confronted by the real owner of the item, your defense was that you had no idea it was stolen. In this case, are you going to be considered guilty of violating Anti-fencing law? 

Section 3. Penalties. Any person guilty of fencing shall be punished as here under indicated:

(a) The penalty of prision mayor, if the value of the property involved is more than 12,000 pesos but not exceeding 22,000 pesos; if the value of such property exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. In such cases, the penalty shall be termed reclusion temporal and the accessory penalty pertaining thereto provided in the Revised Penal Code shall also be imposed.

(b) The penalty of prision correccional in its medium and maximum periods, if the value of the property robbed or stolen is more than 6,000 pesos but not exceeding 12,000 pesos.

(c) The penalty of prision correccional in its minimum and medium periods, if the value of the property involved is more than 200 pesos but not exceeding 6,000 pesos.

(d) The penalty of arresto mayor in its medium period to prision correccional in its minimum period, if the value of the property involved is over 50 pesos but not exceeding 200 pesos.

(e) The penalty of arresto mayor in its medium period if such value is over five (5) pesos but not exceeding 50 pesos.

(f) The penalty of arresto mayor in its minimum period if such value does not exceed 5 pesos.

Section 4. Liability of Officials of Juridical Persons. If the fence is a partnership, firm, corporation or association, the president or the manager or any officer thereof who knows or should have known the commission of the offense shall be liable.

Section 5. Presumption of Fencing. Mere possession of any good, article, item, object, or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing.

Section 6. Clearance/Permit to Sell/Used Second Hand Articles. For purposes of this Act, all stores, establishments or entities dealing in the buy and sell of any good, article item, object of anything of value obtained from an unlicensed dealer or supplier thereof, shall before offering the same for sale to the public, secure the necessary clearance or permit from the station commander of the Integrated National Police in the town or city where such store, establishment or entity is located. The Chief of Constabulary/Director General, Integrated National Police shall promulgate such rules and regulations to carry out the provisions of this section. Any person who fails to secure the clearance or permit required by this section or who violates any of the provisions of the rules and regulations promulgated thereunder shall upon conviction be punished as a fence. 

Section 7. Repealing Clause. All laws or parts thereof, which are inconsistent with the provisions of this Decree are hereby repealed or modified accordingly.

Section 8. Effectivity. This Decree shall take effect upon approval.

Done in the City of Manila, this 2nd day of March, in the year of Our Lord, nineteen hundred and seventy-nine.

RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF SECTION 6 OF PRESIDENTIAL DECREE NO. 1612, KNOWN AS THE ANTI-FENCING LAW.

Pursuant to Section 6 of Presidential Decree No. 1612, known as the Anti-Fencing Law, the following rules and regulations are hereby promulgated to govern the issuance of clearances/permits to sell used secondhand articles obtained from an unlicensed dealer or supplier thereof:

I. Definition of Terms

1. "Used secondhand article" shall refer to any goods, article, item, object or anything of value obtained from an unlicensed dealer or supplier, regardless of whether the same has actually or in fact been used.

2. "Unlicensed dealer/supplier" shall refer to any persons, partnership, firm, corporation, association or any other entity or establishment not licensed by the government to engage in the business of dealing in or of supplying the articles defined in the preceding paragraph.

3. "Store", "establishment" or "entity" shall be construed to include any individual dealing in the buying and selling used secondhand articles, as defined in paragraph hereof.

4. "Buy and Sell" refer to the transaction whereby one purchases used secondhand articles for the purpose of resale to third persons.

5. "Station Commander" shall refer to the Station Commander of the Integrated National Police within the territorial limits of the town or city district where the store, establishment or entity dealing in the buying and selling of used secondhand articles is located.

II. Duty to Procure Clearance or Permit

1. No person shall sell or offer to sell to the public any used secondhand article as defined herein without first securing a clearance or permit for the purpose from the proper Station Commander of the Integrated National Police.

2. If the person seeking the clearance or permit is a partnership, firm, corporation, or association or group of individuals, the clearance or permit shall be obtained by or in the name of the president, manager or other responsible officer-in-charge thereof.

3. If a store, firm, corporation, partnership, association or other establishment or entity has a branch or subsidiary and the used secondhand article is acquired by such branch or subsidiary for sale to the public, the said branch or subsidiary shall secure the required clearance or permit.

4. Any goods, article, item, or object or anything of value acquired from any source for which no receipt or equivalent document evidencing the legality of its acquisition could be presented by the present possessor or holder thereof, or the covering receipt, or equivalent document, of which is fake, falsified or irregularly obtained, shall be presumed as having been acquired from an unlicensed dealer or supplier and the possessor or holder thereof must secure the required clearance or permit before the same can be sold or offered for sale to the public.

Carnapping is one of the crimes in the Philippines that the government is still trying to combat considering the fact that there are still many unsolved criminal cases that need extra attention. Law enforcers have now implemented stricter rules with the new anti-carnapping act 2016. Republic Act No. 10883 or the New Anti-Carnapping Act of 2016 aims to implement harsher rules and penalties. 

Approved by former president Benigno S. Aquino III on July 17, 2016, this law will be keen on identifying violators of the law. 

Setion 3. Carnapping; Penalties.- Carnapping is the taking, with the intent to gain, of a motor vehicle belonging to another without the latter's consent, or by means of violence against or intimidation of persons, or by using force upon things. 

Any person who is found guilty of carnapping shall, regardless of the value of the motor vehicle taken, be punished by imprisonment for not less than twenty (20) years and one (1) day but not more than thirty (30) years, when the carnapping is committed without violence against or intimidation of persons, or force upon things; and by imprisonment for not less than (30) years and one (1) day but not more than forty (40) years, when the carnapping is committed by means of violence against or intimidation of persons, or force upon things; and the penalty of life imprisonment shall be imposed when the owner, driver, or occupant of teh carnapped motor vehicle is killed or raped in the commission of the carnapping.

Any person charged with carnapping or when the crime of carnapping is committed by criminal groups, gangs or syndicates or by means of violence or intimidation of any person or persons or forced upon things; or when the owner, driver, passenger or occupant of the carnapped vehicle is killed or raped in the course of carnapping shall be denied bail when the evidence of guilt is strong.  

Section 4. Concealment of Carnapping - Any person who conceals carnapping shall be punished with imprisonment of six (6) years up to twelve (12) years and a fine equal to the amount of the acquisition cost of the motor vehicle, motor vehicle engine, or any other part involved in the violation; Provided, that if the person violation any provision of this Act is a juridical person, the penalty herein provided shall be imposed on its president, secretary, and/or members of the board of directors or any of its officers and employees who may have directly participated in the violation. 

Any public official or employee who directly commits unlawful acts defined in this Act or is guilty of gross negligence of duty or connives with or permits the commission of any of the said unlawful acts shall, in addition to the penalty prescribed in the preceding paragraph, be dismissed from the service, and his/her benefits forfeited and shall be permanently disqualified from holding public office. 

Libel is defined by Art. 252 of the Revised Penal Code as a public and malicious imputation of a crime, or a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.

Unlike slander, a person is liable for the crime of libel by means of printing, writing, engraving, or radio and other similar means. These days, media has been instrumental to the widespread of information or sometimes, misinformation. Be it in politics, business, health and whatnot, it plays a huge role in influencing people especially during the 2016 Presidential Election. While most people already know who to root for, a small fraction of voters were still undecided. In this case, they rely heavily on the information they obtain from radio, television and even social media. 

Under Art. 355, libel by means of writings or similar means. — A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prisión correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party.

Election was also a time for mudslinging and because of this, some decided voters were not yet immune to persuasion. Public figures who want to protect their reputation bring matters to court. Media men who are accused of libel will often use Doctrine of Absolute Privileged Communication as a defense to libel. It is interesting to note that this defense needs to meet the requirement of publicity. 

Art. 354. Requirement for publicity.-  Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following cases:

1. A private communication made by any person to another in the performance of any legal, moral or social duty; and

2. A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or of any statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions.

Facebook is a social media platform with many purposes. Aside from connecting with loved ones or catching up with friends, it is also a place for speaking one's mind and obtaining a wealth of information. However, it comes with a caveat because it has recently become a breeding ground for half-baked stories and fake news. Aside from fake news, keyboard warriors are also on the look out for someone who is on the other side of the fence. 

Fake news is said to spread digital mayhem. With multitudes of users sharing fake news every day, a senator just cannot turn a blind eye on it. Senator Francis Pangilinan wants to put a lid on spreading fake news by penalizing Facebook because of allowing misinformation to mislead users. 

Is this even a viable option? The idea is tongue-in-cheek considering the fact that any user can feign everything so long as they hide behind the Facebook curtains. Simply put, if you left your door open and a burglar broke into your house, would you pin the blame on your door when burglary occurred because of human error? 

Fake news exists because people continue to read them. At the end of the day, it all boils down to our personal choices. It is not just Facebook, it can be the demons squatting on our shoulder. The thought of penalizing Facebook is so far-fetched. Educate users about social media etiquette before anything else. Let Republic Act 10175 or Cybercrime Prevention Act of 2012 be a reminder to think before you click.

PUNISHABLE ACTS

SEC. 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime punishable under this Act:

(a) Offenses against the confidentiality, integrity and availability of computer data and systems:

(1) Illegal Access. – The access to the whole or any part of a computer system without right.

(2) Illegal Interception. – The interception made by technical means without right of any non-public transmission of computer data to, from, or within a computer system including electromagnetic emissions from a computer system carrying such computer data.

(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, without right, including the introduction or transmission of viruses.

(4) System Interference. — The intentional alteration or reckless hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document, or electronic data message, without right or authority, including the introduction or transmission of viruses.

(5) Misuse of Devices.

(i) The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of:

(aa) A device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this Act; or

(bb) A computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under this Act.

(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent to use said devices for the purpose of committing any of the offenses under this section.

(6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same, if such a domain name is:

(i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration:

(ii) Identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and

(iii) Acquired without right or with intellectual property interests in it.

(b) Computer-related Offenses:

(1) Computer-related Forgery. —

(i) The input, alteration, or deletion of any computer data without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible; or

(ii) The act of knowingly using computer data which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design.

(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage thereby with fraudulent intent: Provided, That if nodamage has yet been caused, the penalty imposable shall be one (1) degree lower.

(3) Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower.

(c) Content-related Offenses:

(1) Cybersex. — The willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.

(2) Child Pornography. — The unlawful or prohibited acts defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system: Provided, That the penalty to be imposed shall be (1) one degree higher than that provided for in Republic Act No. 9775.

(3) Unsolicited Commercial Communications. — The transmission of commercial electronic communication with the use of computer system which seek to advertise, sell, or offer for sale products and services are prohibited unless:

(i) There is prior affirmative consent from the recipient; or

(ii) The primary intent of the communication is for service and/or administrative announcements from the sender to its existing users, subscribers or customers; or

(iii) The following conditions are present:

(aa) The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject. receipt of further commercial electronic messages (opt-out) from the same source;

(bb) The commercial electronic communication does not purposely disguise the source of the electronic message; and

(cc) The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message.

(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.

You can end your marriage, but you cannot end your moral obligation to support your children. If your marriage does not work out, it is always the child who tends to suffer the consequences once married couples decide to part ways. Child support and custody are common issues that parents face. When it comes to the shared right of husband and wife, custody and parental authority remain unclear. What does the Family Code of the Philippines tell you about parental authority and guardianship? 

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.

Art. 210. Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law.

Art. 211. The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary.

Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority.

Art. 212. In case of absence or death of either parent, the parent present shall continue exercising parental authority. The remarriage of the surviving parent shall not affect the parental authority over the children, unless the court appoints another person to be the guardian of the person or property of the children.

Art. 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.

Articles 214 and 216 of the Family Code speak clearly of situations when grandparents can exercise substitute parental authority over their grandchildren:

Art. 214. In case of death, absence or unsuitability of the parents, substitute parental authority shall be exercised by the surviving grandparent. In case several survive, the one designated by the court, taking into account the same consideration mentioned in the preceding article, shall exercise the authority.

Art. 216. In default of parents or a judicially appointed guardian, the following person shall exercise substitute parental authority over the child in the order indicated:

(1) The surviving grandparent, as provided in Art. 214;

(2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and

(3) The child's actual custodian, over twenty-one years of age, unless unfit or disqualified.

Whenever the appointment of a judicial guardian over the property of the child becomes necessary, the same order of preference shall be observed.

Adults get a visual treat where they can feast their eyes on epic proportions from virtual adult Disneyland often referred to as porn sites. Yes, you will be greeted with an all-you-can eat buffet palatable to your senses. They are the sights to behold to some, but definitely not a form of entertainment for the squeamish. However, sex predators are also using these sites to feed their insatiable appetite. The government has taken the first step to curbing child pornography, as stipulated in Republic Act 9775 or the Anti-Child Pornography Law. Back in 2014, similar efforts were made by the National Telecommunications Commission of the Philippines. In a recent study, it has been revealed that the Philippines spent the most time on porn sites.  At this point, there are experts who are still skeptical about the effort, but the results are still unclear unless you start looking through the lens. 

Anti-Child Pornography Law

Section 4. Unlawful or Prohibited Acts. – It shall be unlawful for any person:

(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or production of any form of child pornography;

(b) To produce, direct, manufacture or create any form of child pornography;

(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import any form of child pornography;

(d) To possess any form of child pornography with the intent to sell, distribute, publish, or broadcast: Provided. That possession of three (3) or more articles of child pornography of the same form shall be prima facie evidence of the intent to sell, distribute, publish or broadcast;

(e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited acts as, but not limited to, dens, private rooms, cubicles, cinemas, houses or in establishments purporting to be a legitimate business;

(f) For film distributors, theaters and telecommunication companies, by themselves or in cooperation with other entities, to distribute any form of child pornography;

(g) For a parent, legal guardian or person having custody or control of a child to knowingly permit the child to engage, participate or assist in any form of child pornography;

(h) To engage in the luring or grooming of a child;

(i) To engage in pandering of any form of child pornography;

(j) To willfully access any form of child pornography;

(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to commit any form of child pornography shall be committed when two (2) or more persons come to an agreement concerning the commission of any of the said prohibited acts and decide to commit it; and

(l) To possess any form of child pornography.

Section 5. Syndicated Child Pornography – The crime of child pornography is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another and shall be punished under Section 15(a) of this Act.

Section 6. Who May File a Complaint. – Complaints on cases of any form of child pornography and other offenses punishable under this Act may be filed by the following:

(a) Offended party;

(b) Parents or guardians;

(c) Ascendant or collateral relative within the third degree of consanguinity;

(d) Officer, social worker or representative of a licensed child-caring institution;

(e) Officer or social worker of the Department of Social Welfare and Development (DSWD);

(f) Local social welfare development officer;

(g) Barangay chairman;

(h) Any law enforcement officer;

(i) At least three (3) concerned responsible citizens residing in the place where the violation occurred; or

(j) Any person who has personal knowledge of the circumstances of the commission of any offense under this Act.

Many people who have already gone to Philippine government agencies dread processing an official document because of the ordeal they have to undergo, all thanks to Red Tape. Despite the constant reminder of putting a lid on these bad practices, requests continue to fall on deaf ears. In the past, a person falling victim to sluggish processes was left with no other choice but to keep a stiff upper lip. Putting some teeth into the Anti Red-Tape Act of 2007 has begun to bear fruits. Aside from the implementation of Anti-Red Tape Act of 2007 or R.A. No. 9485, Idulog is also another avenue for filing a complaint in the event you see any irregularities on processing an official document. As stated in Section 8 of the Anti-Red Tape Act of 2007, frontline agencies should provide the following services. 

SEC. 8. Accessing Frontline Services. — The following shall be adopted by all government offices and agencies:

(a) Acceptance of Applications and Requests — (1) All officers or employees shall accept written applications; requests, and/or documents being submitted by clients of the office or agency.

(2) The responsible officer or employee shall acknowledge receipt of such application and/or request by writing or printing clearly thereon his/her name, the unit where he/she is connected with, and the time and date of receipt.

(3) The receiving officer or employee shall perform a preliminary assessment of the request so as to promote a more expeditious action on requests.

(b) Action of Offices — (1) All applications and/or requests submitted shall be acted upon by the assigned officer or employee during the period stated in the Citizen’s Charter which shall not be longer than five working days in the case of simple transactions and ten (10) working days in the case of complex transactions from the date the request or application was received. Depending on the nature of the frontline services requested or the mandate of the office or agency under unusual circumstances, the maximum time prescribed above may be extended. For the extension due to the nature of frontline services or the mandate of the office or agency concerned, the period for the delivery of frontline services shall be indicated in the Citizen’s Charter. The office or agency concerned shall notify the requesting party in writing of the reason for the extension and the final date of release for the extension and the final date of release of the frontline service/s requested.

(2) No application or request shall be returned to the client without appropriate action. In case an application or request is disapproved, the officer or employee who rendered the decision shall send a formal notice to the client within five working days from the receipt of the request and/or application, stating therein the reason for the disapproval including a list of specific requirements which the client failed to submit.

(c) Denial of Request for Access to Government Service — Any denial of request for access to government service shall be fully explained in writing, stating the name of the person making the denial and the grounds upon which such denial is based. Any denial of request is deemed to have been made with the permission or clearance from the highest authority having jurisdiction over the government office or agency concerned.

(d) Limitation of Signatories — The number of signatories in any document shall be limited to a maximum of five signatures which shall represent officers directly supervising the office or agency concerned.

(e) Adoption of Working Schedules to Serve Clients — Heads of offices and agencies which render frontline services shall adopt appropriate working schedules to ensure that all clients who are within their premises prior to the end of official working hours are attended to and served even during lunch break and after regular working hours.

(f) Identification Card — All employees transacting with the public shall be provided with an official identification card which should be visibly worn during office hours.

(g) Establishment of Public Assistance/Complaints Desk — Each office or agency shall establish a public assistance/complaints desk in all their offices.

If you feel that these agencies fell short of expectations, you can file a complaint at http://www.gov.ph/feedback/idulog or call 8888 to report the violation. Aside from complaints, the website also caters to suggestions, compliment, general inquiries and much more. You can even request for an official document or request a message from the President. The form for filing a complaint is also available on the website. 

The pictorial maxim of three wise monkeys suggests that we should maintain good mind, speech and action. However, in today's world marred by deception, lies and pretensions, turning a blind eye is not an option.  In the digital age, turning to social media is like opening Pandora's box. You will be greeted by a smorgasbord of gossips, fake news and whatnot. 

However, reality does not get any better. You are judged based on your actions and that is the harsh truth everyone wants to hide in a sugar-coated lie. One would say that less talk means less mistake. When everyone is on the safe side, many people becomes a slave to mediocrity, which is quite boring unless you prefer to become completely dead to the world, unperturbed to what is happening around you. 

We are human microscopes prying something out of a hapless specimen. When you just want to call a spade a spade, it does not give you absolute freedom to spew the words without inflicting harm. Call it accusation or allegation, but it has a certain degree of damage that awakens law from its deep slumber.

You mince your words, but without evidence, it becomes a fabricated story...hearsay. The ears can be selective. It can twist your words and even make things more confusing than you know leaving a bad taste in your mouth. I rest my case.

Burden of Proof and Presumptions

Section 1. Burden of Proof… the Duty of a party to present evidence on the facts in issue necessary to establish his claim by the amount of evidence required by law. This is also known as the Onus Probandi

I. Introduction.

Relationship between allegation and proof. He who alleges must prove. Allegations do not prove themselves. Although plaintiff’s causes of actions are couched in the strongest terms and most persuasive language, the allegations are of no consequence unless they are substantiated. Similarly, in criminal cases, the offense and the aggravating circumstances charged in an Information remain just accusations until they are shown to be true by the presentation of evidence. Defendant is not relieved from liability simply because the raises a defenses. 

II. Distinguished from related concepts:

1. Burden of Proof Proper or Burden of Persuasion or Risk of Non Persuasion- the duty of the party alleging the case to prove it.

a). This lies with the plaintiff

b). This lies too with the defendant as to his defenses and counter-claim

2. Burden of Evidence or Burden of Going Forward- The duty or logical necessity imposed upon a party, at any time during the trial, to establish a prima facie case in his favor or to overcome a prima facie case against him

3. Points of distinction:

a). The former never shifts but remains constant with the party while the latter shifts from one party to the other as the trial progresses

b). In civil cases where it leis is determined by the pleadings while the latter is determined by the rules of logic.

III. Who has the Burden of Proof Proper

1. The general rule is- he who would lose the case if no evidence is presented. Hence it is the plaintiff as to his causes of action, and the defendant as to his counterclaim.

2. In criminal cases, the burden of proving guilt is always the plaintiff/prosecution. But if the accused sets up an affirmative defense, the burden is on him to prove such by “clear, affirmative and strong evidence” 

It is common for most individuals to use theft and robbery interchangeably. After all, they are both considered as crimes against property. However, if you are going to dig deeper into both terms and take law into consideration, you will realize that robbery and theft have their own distinction. 

ROBBERY 

Art. 293. Who are guilty of robbery. — Any person who, with intent to gain, shall take any personal property belonging to another, by means of violence or intimidation of any person, or using force upon anything shall be guilty of robbery. 

Section One. — Robbery with violence or intimidation of persons.

Art. 295. 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.

2. The penalty of reclusion temporal in its medium period to reclusion perpetua when the robbery shall have been accompanied by rape or intentional mutilation, or if by reason or on occasion of such robbery, any of the physical injuries penalized in subdivision 1 of Article 263 shall have been inflicted; Provided, however, that when the robbery accompanied with rape is committed with a use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death (As amended by PD No. 767).

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 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 sub-divisions 3 and 4 of said Article 23.

5. The penalty of prision correccional in its maximum period to prision mayor in its medium period in other cases. (As amended by R. A. 18).

THEFT

Art. 308. Who are liable for theft. — Theft is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent.

Theft is likewise committed by:

1. Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner;

2. Any person who, after having maliciously damaged the property of another, shall remove or make use of the fruits or object of the damage caused by him; and

3. Any person who shall enter an inclosed estate or a field where trespass is forbidden or which belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall gather cereals, or other forest or farm products.

The common misconception about the affidavit of desistance is that it can bar someone from pursuing a criminal case. In theory, it serves as a waiver of one's right to pursue civil indemnity. If the complaint is made after the institution of a criminal action, the affidavit cannot justify the complaint's dismissal. 

Two Kinds of Desistance Under Article 6 of the Revised Penal Code

1. Factual Desistance-this type of desistance refers to the actual desistance of the actor, made after the crime's attempted stage. In this case, the actor is still considered criminally liable for the attempt. 

2. Legal Desistance-The desistance, in law, obviates criminal liability unless preparatory or over act has already been committed in themselves constitute a felony other than what the actor intended. 

II. Application of Article 6: 

Only to intentional felonies by positive acts but not to: (i). Felonies by omission (ii) Culpable felonies and (iii) Violations of special laws, unless the special law provides for an attempted or frustrated stage. Examples of the exception are The Dangerous Drugs Law which penalizes an attempt to violate some of its provisions, and The Human Security Act of 2007

III. The attempted stage:

"the accused commences the commission of a felonious act directly by overt acts but does not perform all the acts of execution due to some cause or accident other than his own spontaneous desistance”

 A).(1). The attempt which the Penal Code punishes is that which has a connection to a particular, concrete offense, that which is the beginning of the execution of the offense by overt acts of the perpetrator, leading directly to the its realization and commission (2) The act must not be equivocal but indicates a clear intention to commit a particular and specific felony. Thus the act of a notorious criminal in following a woman can not be the attempted stage of any felony.  

B). Overt or external act is some physical deed or activity, indicating the intention to commit a particular crime, more than a mere planning or preparation, which if carried out to is complete termination following its natural course, without being frustrated by external obstacles nor by the voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete offense

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C). Examples:

1.  The accused pressed a chemically -soaked cloth on the mouth of the woman to induce her to sleep, while he lay on top of her and pressed his body to her. The act is not the overt act that will logically and necessarily ripen into rape.  They constitute unjust vexation. ( Note: it would be attempted rape if he tried to undress the victim or touch her private parts) ( Balleros vs. People, Feb, 22, 2006)

2. One found inside a house but no article was found on him, is liable for trespass and not for attempted theft or robbery even if he is a notorious robber

3. One found removing the glass window panes or making a hole in the wall is not liable for attempted robbery but for attempted trespass

D) The accused has not yet passed the subjective phase or that phase encompassed from the time an act is executed which begins the commission of the crime until the time of the performance of the last act necessary to produce the crime, but where the accused has still control over his actions and their results. 

E).The accused was not able to continue performing the acts to produce the crime. He was prevented by external forces and not because he himself chose not to continue. Such as when his weap0n was snatched, or his intended victim managed to escape, or he was overpowered or arrested.

F). If the accused voluntarily desisted i.e he himself decided not to continue with his criminal purpose, then he is not liable.

1. Reason: This is an absolutory cause by way of reward to those who, having set one foot on the verge of crimes, heed the call of their conscience and return to the path of righteousness.  .

2. The reason for the desistance is immaterial

3. Exceptions: when the accused is liable despite his desistance

a). when the act performed prior to the desistance already constituted the attempted stage of the intended felony. For example: the accused, with intent to kill, shot at the victim but missed after which he “desisted”, his acts already constituted attempted homicide

b). When the acts performed already gave rise to the intended felony. The decision not to continue is not a legal but factual desistance. As in the case of a thief who returned what he stole.

c). When the acts performed constitute a separate offense. Pointing a gun at another and threatening to kill, and then desisting gives rise to grave threats.

For people who are interested in adopting a child, there are requirements and procedures you need to follow. The most basic requirement is that you have to be of legal age. It is also important to remember that since you are going to assume parental responsibilities, you should have the ability to fulfill the duties  including exercising parental authorities. Additional requirements and procedures are found under Republic Act 8552 or the Domestic Adoption Law. 

Section 5. Who may be adopted. – The following may be adopted:

(1) Any person below eighteen (18) years of age who has been voluntarily committed to the Department under Articles 154, 155 and 156 of P.D. No. 603 or judicially declared available for adoption;

(2) The legitimate child of one spouse, by the other spouse;

(3) An illegitimate child, by a qualified adopter to raise the status of the former to that of legitimacy;

(4) A person of legal age regardless of civil status, if, prior to the adoption, said person has been consistently considered and treated by the adopters as their own child since minority;

(5) A child whose adoption has been previously rescinded; or

(6) A child whose biological or adoptive parents have died: Provided, That no proceedings shall be initiated within six (6) months from the time of death of said parents.

(7) A child not otherwise disqualified by law or these rules.

Section 6. Venue. – The petition for adoption shall be filed with the Family Court of the province or city where the prospective adoptive parents reside.

Section 7. Contents of the Petition. – The petition shall be verified and specifically state at the heading of the initiatory pleading whether the petition contains an application for change of name, rectification of simulated birth, voluntary or involuntary commitment of children, or declaration of child as abandoned, dependent or neglected.

1) If the adopter is a Filipino citizen, the petition shall allege the following:

(a) The jurisdictional facts;

(b) That the petitioner is of legal age, in possession of full civil capacity and legal rights; is of good moral character; has not been convicted of any crime involving moral turpitude; is emotionally and psychologically capable of caring for children; is at least sixteen (16) years older than the adoptee, unless the adopter is the biological parent of the adoptee or is the spouse of the adoptee’s parent; and is in a position to support and care for his children in keeping with the means of the family and has undergone pre-adoption services as required by Section 4 of Republic Act No. 8552.

2) If the adopter is an alien, the petition shall allege the following:

(a) The jurisdictional facts;

(b) Sub-paragraph 1(b) above;

(c) That his country has diplomatic relations with the Republic of the Philippines;

(d) That he has been certified by his diplomatic or consular office or any appropriate government agency to have the legal capacity to adopt in his country and his government allows the adoptee to enter his country as his adopted child and reside there permanently as an adopted child; and

(e) That he has been living in the Philippines for at least three (3) continuous years prior to the filing of the petition and he maintains such residence until the adoption decree is entered.

The requirements of certification of the alien’s qualification to adopt in his country and of residency may be waived if the alien:

(i) is a former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity or affinity; or

(ii) seeks to adopt the legitimate child of his Filipino spouse; or

(iii) is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within the fourth degree of consanguinity or affinity of the Filipino spouse.

3) If the adopter is the legal guardian of the adoptee, the petition shall allege that guardianship had been terminated and the guardian had cleared his financial accountabilities.

4) If the adopter is married, the spouse shall be a co-petitioner for joint adoption except if:

(a) one spouse seeks to adopt the legitimate child of the other, or

(b) if one spouse seeks to adopt his own illegitimate child and the other spouse signified written consent thereto, or

(c) if the spouses are legally separated from each other.

5) If the adoptee is a foundling, the petition shall allege the entries which should appear in his birth certificate, such as name of child, date of birth, place of birth, if known; sex, name and citizenship of adoptive mother and father, and the date and place of their marriage.

6) If the petition prays for a change of name, it shall also state the cause or reason for the change of name.

In all petitions, it shall be alleged:

(a) The first name, surname or names, age and residence of the adoptee as shown by his record of birth, baptismal or foundling certificate and school records.

(b) That the adoptee is not disqualified by law to be adopted.

(c) The probable value and character of the estate of the adoptee.

(d) The first name, surname or names by which the adoptee is to be known and registered in the Civil Registry.

A certification of non-forum shopping shall be included pursuant to Section 5, Rule 7 of the 1997 Rules of Civil Procedure.

Section 8. Rectification of Simulated Birth. – In case the petition also seeks rectification of a simulated of birth, it shall allege that:

(a) Petitioner is applying for rectification of a simulated birth;

(b) The simulation of birth was made prior to the date of effectivity of Republic Act No. 8552 and the application for rectification of the birth registration and the petition for adoption were filed within five years from said date;

(c) The petitioner made the simulation of birth for the best interests of the adoptee; and

(d) The adoptee has been consistently considered and treated by petitioner as his own child.

Section 9. Adoption of a foundling, an abandoned, dependent or neglected child. – In case the adoptee is a foundling, an abandoned, dependent or neglected child, the petition shall allege:

(a) The facts showing that the child is a foundling, abandoned, dependent or neglected;

(b) The names of the parents, if known, and their residence. If the child has no known or living parents, then the name and residence of the guardian, if any;

(c) The name of the duly licensed child-placement agency or individual under whose care the child is in custody; and

(d) That the Department, child-placement or child-caring agency is authorized to give its consent.

Section 10. Change of name. – In case the petition also prays for change of name, the title or caption must contain:

(a) The registered name of the child;

(b) Aliases or other names by which the child has been known; and

(c) The full name by which the child is to be known.

Section 11. Annexes to the Petition. – The following documents shall be attached to the petition:

A. Birth, baptismal or foundling certificate, as the case may be, and school records showing the name, age and residence of the adoptee

B. Affidavit of consent of the following:

1. The adoptee, if ten (10) years of age or over;

2. The biological parents of the child, if known, or the legal guardian, or the child-placement agency, child-caring agency, or the proper government instrumentality which has legal custody of the child;

3. The legitimate and adopted children of the adopter and of the adoptee, if any, who are ten (10) years of age or over;

4. The illegitimate children of the adopter living with him who are ten (10) years of age or over; and

5. The spouse, if any, of the adopter or adoptee.

C. Child study report on the adoptee and his biological parents;

D. If the petitioner is an alien, certification by his diplomatic or consular office or any appropriate government agency that he has the legal capacity to adopt in his country and that his government allows the adoptee to enter his country as his own adopted child unless exempted under Section 4(2);

E. Home study report on the adopters. If the adopter is an alien or residing abroad but qualified to adopt, the home study report by a foreign adoption agency duly accredited by the Inter-Country Adoption Board; and

F. Decree of annulment, nullity or legal separation of the adopter as well as that of the biological parents of the adoptee, if any.

There are many deterrents to purchasing your dream home and one of which is the difficulty of resources that will provide financial assistance. Without a doubt, if you are cash strapped, your options are limited and sometimes, your dream of buying the home you want, has to take a backseat. 

These days, rent-to-own is an option many potential buyers would like to explore because it provides you two options: rent a home or purchase it during your rental period. It differs from traditional financing because the owner is the one offering financing to buyers. Just like any agreement between buyers and sellers, a contract will be secured to make sure that both parties have understood what they have entered into. 

RENT TO OWN CONTRACT

 

This Contract of Lease with Option to Purchase (Rent-to-Own Contract) made and executed this ____of __________ 20___ Manila, Philippines by and between.

 

__________________________________, Filipino, of legal age, single/married to, with post address at ________________________, hereinafter referred to as the LESSOR/SELLER. 

 

-AND –

 

            __________________________________, Filipino, of legal age, single/married to, with postal address __________________________, hereinafter referred to as the LESSEE/BUYER.

 

WITNESSETH:

 

             THAT, for and in consideration of the payment of rent and the faithful compliance by the LESSEE/BUYER of all the stipulations and covenants hereinafter contained, the LESSOR/SELLER has agreed to lease unto the LESSE /BUYER the premises located at _______________________________, City of Manila under the following terms and conditions.

 

1. PURPOSE: That the premises hereby leased shall be used exclusively by the LESSE/BUYER for residential purposes only and shall not be diverted to other uses. It is hereby expressly agreed upon that if at any time the premises are used for other purposes, the LESSOR/SELLER shall have the right to rescind this contract without prejudice to its other rights under the law.
   
   
2. TERM: The term of this non–renewable lease is for ______________ months from _____________________ to ________________ inclusive.
   
   
3. RENTAL RATE: The monthly rate for the leased premises shall be in PESOS:  ______________________ [_______________], Philippine currency. All rental payments shall be made payable to ______________________.
   
   
4. DEPOSIT: That the LESSEE/BUYER shall deposit with the LESSOR/SELLER upon signing of this contract and prior to move in an amount equal to ten percent (10%) of the selling price or the sum of PESOS: _____________________________________________________, Philippine currency.
   
   
5. RENTAL PAYMENT: The LESSE/BUYER shall issue, likewise, upon signing of this contract and prior to move in, Thirty (30) post-dated checks to cover monthly rental for the months of _________________ to __________________, each check dated on the _____ day of each month.
   
   
6. DEFAULT IN PAYMENT: In case of default by the LESSEE/BUYER in the payment of the rent, such as when the checks are dishonored, the LESSOR/SELLER, at its option may terminate this contract and eject the LESSEE/BUYER as hereinafter provided. However, the LESSE/BUYER is given seven (7) days grace period within which to settle the account from date rental payment is due. Granting an extension to the aforesaid grace period may not be deemed as a waiver of LESSOR/SELLER right to terminate this contract and eject the LESSE/BUYER but in the event the LESSOR/SELLER so opts to grant a written request for extension, a penalty equivalent to three (3%) percent per month of the rental due, with a fraction of a month considered as one month shall be charged and assessed for delayed payments.
   
   
7. SUB–LEASE: The LESSEE/BUYER shall not directly or indirectly sublet, allow or permit the leased premises to be occupied in whole or in part by any person, form or corporation; neither shall the LESSEE/BUYER assign its rights hereunder to any other person or entity and no right of interest thereto or therein shall be conferred on or vested in anyone by the LESSEE/BUYER without LESSOR/SELLER’s written approval.
   
   
8. LESSE’S VISITORS, etc…: In case of damage to leased premises attributable to the LESSEE/BUYER, agents and/or visitors, repair of the same shall be for the account of the LESSEE/BUYER without prejudice to LESSOR/SELLER’s availment of any other right under the law.
   
   
9. POWER, WATER CONSUMPTION & ASSOCIATION DUES:  Power, water and association dues shall be for the account of the LESSEE/BUYER.
   
   
10. OTHER PUBLIC UTILITIES: The LESSEE/BUYER shall pay for its telephone, cable and electrical services and other public services and utilities.
    
    
11. REPAIR AND MAINTENANCE: The LESSOR/SELLER shall deliver the leased as is where is. The LESSEE/BUYER hereby expressly acknowledges that the leased as is where is. The LESSE/BUYER hereby agrees and binds itself to undertake at its exclusive expense all minor and major repairs as may be required to maintain the leased premises in good state of repair, any provisions of law, present or future, or any stipulation in this agreement to the contrary notwithstanding.
    
    
12. IMPROVEMENTS, ALTERATIONS AND RENOVATIONS: The LESSEE/BUYER shall not make any improvements, alternations and renovations in the leased premises without prior written consent of both the Association and the LESSOR/SELLER. It is understood that all permanent improvements shall be owned by the LESSOR/SELLER and may not be removed without the express and written consent of the LESSOR/SELLER.
    
    
13. INJURY OR DAMAGE: The LESSEE/BUYER hereby assumes full responsibility for any damage which may be caused to the person or property of third person/s while remaining either casually or on business in any part of the premises leased. LESSEE/BUYER further binds itself to hold the LESSOR/SELLER harmless and free from any claim for such injury or damage. Provided, however, that the LESSOR/SELLER shall make necessary actions to correct said deficiencies to ensure that premises are in good and tenantable condition.
    
    
14. DISTURBANCE OF POSSESSION: Disturbance or discontinuance of possession of the LESSEE/BUYER due to “force majeure” shall confer nor right of any kind to the LESSEE/BUYER as against the LESSOR/SELLER, by reason of inconvenience, annoyance or injury to business arising out of the necessity of repairing any portion of the leased premises.
    
    
15. GOVERNMENT REGULATIONS: The LESSEE/BUYER, shall, at its own expense and risks, comply with all the laws, ordinances, regulations and orders of any agency of the government, national or local, affection or pertaining to the leased premises and to any effects or articles which said LESSEE/BUYER may have in its possession therein.
    
    
16. ABANDONMENT OF PREMISES: Should the LESSEE/BUYER abandon the leased premises for a period of THIRTY (30) DAYS or vacate the premises before expiration of this Contract of Lease without notifying the LESSOR/SELLER and check payment for the current month is dishonored, the LESSOR/SELLER’S may immediately re-enter the leased premises and this lease shall thereon be automatically terminated.
    
    
17. BREACH OF CONDITIONS: In case of breach by the LESSEE/BUYER of any of the conditions and covenants of this lease as herein stipulated, the LESSOR/SELLER at its option, may forthwith terminate and cancel this lease and the LESSEE/BUYER shall be liable for any and all damages as a result of such default and termination. Forfeiture of whatever rental desists and advances shall apply in case the LESSEE/BUYER violates any of the provisions in the contract. Forfeiture shall likewise apply should the LESSEE/BUYER fails to exercise his option to purchase after the expiration of this contract.
    
    
18. NON-WAIVER OF LESSOR’S RIGHT: Failure of the LESSOR/SELLER to enforce strict performance by the LESSEE/BUYER of any of the terms, conditions and covenants of this agreement shall not be construed as waiver of any right or remedy that the LESSOR/SELLER’S may have, nor shall it be deemed as a waiver of any subsequent breach of the terms, conditions, and covenants contained therein. No waiver by the LESSOR/SELLER of its rights hereunder shall be deemed to have been made unless expressed in writing and signed by the LESSOR/SELLER.
    
    
19. EXPIRATION OR CANCELLATION OF LEASE: At the expiration of the term of this lease or cancellation thereof, as herein provided, the LESSEE/BUYER will promptly deliver to the LESSOR/SELLER the leased premises with all corresponding keys and in as good and tenantable condition as the same is now, ordinary wear and tear excepted, devoid of all occupants, movable furniture, articles and effects of any kind.  Non-compliance with the terms of this clause by the LESSEE/BUYER will give the LESSOR/SELLER the right, at latter’s option, to refuse to accept the delivery of the premises and to compel the LESSEE/BUYER to pay therefrom at the same rate as herein provided plus an additional sum equal to Twenty Five (25%) percent thereof as penalty until the LESSEE/BUYER shall have complied with terms hereof. The same penalty shall, likewise, be imposed in case the LESSEE/BUYER shall refuse to leave the leased premises after the expiration of this Contract of Lease or the termination for any reason whatsoever.
    
    
20. OPTION TO PURCHASE: For good & valuable consideration, the receipt whereof is hereby acknowledge from the LESSEE/BUYER.  The LESSOR/SELLER hereby extends an option to the LESSEE/BUYER to purchase for the amount of PESOS: ___________________________________________ [P __________________] of Lease on the 18th month or the period from 1st to _____ of __________, _______. The LESSEE/BUYER, at his/her/its exclusive option, conditioned on faithful compliance with all payments and undertakings contained herein, may convey his/her/its decision to avail of option to purchase in writing to the LESSOR/SELLER who thereafter shall credit all rental payments up to the __________ (___) month and the initial deposit stated above to down payment.
    
    
21. BALANCE AFTER THIS LEASE AGREEMENT: If LESSEE/BUYER complied with all terms and conditions stated above, inclusive of payment of realty taxes, power, water and association dues, the outstanding balance of the LESSEE/BUYER shall be 70% of the Total Selling Price amount equivalent to PESOS: _____________________________________ [P_____________], Philippine currency. The LESSEE/BUYER hereby agrees to execute the Deed of Absolute Sale upon payment in full of the TOTAL PURCHASE PRICE. Failure of the LESSEE/BUYER to exercise his/its right to purchase within the period of 30 months from the execution of this contract shall mean forfeiture and abandonment of his right to purchase. In such case, all payment made during the term of this lease are considered rentals.
    
    
22. TRANSFER EXPENSES: Documentary stamp tax, capital gain tax, registration fees, transfer tax, and other necessary expenses connected with the execution and registration of the sale shall be for the account of and paid by the LESSEE/BUYER.
    
    
23. TAXES, UTILITIES AND OTHER ASSOCIATION IMPOSITIONS: For the duration of this lease, LESSEE/BUYER shall pay the Realty Taxes. However, should the LESSEE/BUYER not exercise the option to purchase, LESSOR/SELLER shall reimburse the LESSEE/BUYER of all the taxes, exclusive of penalties for delayed payments, if any, it had paid as well as the start-up fund of the Homeowners Association.
    
    
24. JUDICIAL RELIEF AND PENALTY: Should any one of the parties herein be compelled to seek judicial relief against the other, the losing parties shall pay an amount equivalent to One Hundred Percent (100%) of the amount claimed in the compliant as attorney’s fees which shall in no case be less than P 100,000.00 pesos in addition to other cost and damages which the said party may be entitled to under the law, to recover from the other party. Provisions of penal character in this Contract of Lease shall be considered as cumulative to the relief granted by this section.
    
    
25. RIGHTS AND INTERESTS: The rights and interests of the LESSOR/SELLER subject under this instrument shall be fully assignable by the LESSOR/SELLER subject only to previous written notice thereof to the LESSEE/BUYER.
    
    
26. FORFEITURE OF DEPOSIT: Forfeiture of whatever rental deposit and advances shall apply to any of the following:

a. When the LESSEE/BUYER is in default in payment for three (3) months. In such a case, the LESSOR/SELLER shall have the right to prohibit entry of the LESSEE/BUYER, visitors, guests and his employees in the premises and the right to   padlock the leased premises until indebted is satisfied;

 

            b. When LESSEE/BUYER pre-terminates lease with or without cause;

            c. When LESSEE/BUYER violates any of the provisions of this contract; and

            d. When the LESSEE/BUYER fails to exercise his/her option to purchase.

27. PENAL PROVISION: The parties agree that all covenant and agreements herein contained shall be deemed conditions as well as covenants that if default or breach be made of any such covenants and conditions, then this lease may be terminated and cancelled and the party in breach shall be liable for any and all damages, actual and consequential, resulting from such breach or termination; provided however, that no default shall be declared under this lease unless the party in default has given written notice to cure such default within thirty (30) days. In the event of violation of this contract, other than the non-payment of rentals, the party in breach must immediately take remedial steps to cure the breach not later than thirty (30) days.

28. RIGHT OF ENTRY: LESSOR/SELLER or its authorized agent/s shall, after giving due notice to the LESSEE/BUYER, have the right to enter the premises in the presence of the LESSEE/BUYER or its representative at any reasonable hour to examine the same or to make repairs therein or for the operation of regular maintenance of the building or for any other lawful purpose which it may deem necessary.

This RENT TO OWN CONTRACT (CONTRACT OF LEASE WITH OPTION TO PURCHASE) shall be valid and binding, between the parties, their successors-in-interest and assigns. No amendment of the terms of the instrument shall be effective unless in writing and signed by the parties therein.

 

            IN WITNESS WHEROF, parties herein have affixed their signatures on the date and place first above written.

 

__________________________                           _______________________

[Name]                                                       [Name]

LESSOR/SELLER                                       LESSEE/BUYER

 

 SIGNED IN THE PRESENCE OF:

 

__________________________                           _______________________

 ACKNOWLEDGEMENT

 

Republic of the Philippines)

_________________________) S.S

                        BEFORE ME, a Notary Public, this   _____ day of ____________, 20___ personally appeared the following to witness:

 

       NAME                        CTC No.            DATE ISSUED        PLACE ISSUED 

 

-------------------------------       ---------------      ---------------------      ---------------------

-------------------------------       ---------------      ---------------------      --------------------- 

Known to me to be the same persons who have executed the foregoing, instrument and acknowledged to me that the same is of their own free will and voluntary act and deed as well as of the corporation herein represented.

 

This instrument consisting of ______ (__) pages, including the page on which this acknowledgement is written, has been signed on the left margin of each page and every page thereof by the parties and their instrumental witnesses and sealed with my notarial seal.

 

IN WITNESS WHEREOF, I have hereunto set my hand, the day, year and place above written.

 

Doc. No.  ______:

Page No.  ______:

Book No. ______:

Series No 20___.

If you have been employed as a probationary employee, you should be aware that your employment is only for a given period of time unless you have met the conditions set forth by your employer. You will need to undergo evaluation to determine if you are deemed fit for permanent employment. Most companies place employees on probationary appointment to observe the employee's competence, skills and attitude. It is only referred to as probationary because it describes the period of employment.

Article 281 of the Labor Code defines probationary employment as:

ART. 281. Probationary Employment. – Probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who is allowed to work after a probationary period shall be considered a regular employee. 

Grounds For Terminating A Probationary Employee

Art. 282. Termination by employer. An employer may terminate an employment for any of the following causes:

1. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work; 

2. Gross and habitual neglect by the employee of his duties;

3. Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;

4. Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and

5. Other causes analogous to the foregoing.

Art. 285. Termination by employee.

1. An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.

2. An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes: 

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.

Your birth certificate is an essential document you present as proof of identity. Whether it is about misspelled name, incorrect gender or wrong birth date, you need to correct these errors. These errors can be corrected without going to court. This is prescribed by Republic Act No. 10172. 

IMPLEMENTING RULES AND REGULATIONS    

Rule 1.  Authority to Correct Clerical or Typographical Error

The duly appointed C/MCR in accordance with the provisions of the existing laws, including the Consul General, are hereby authorized to correct clerical or typographical errors in the day and month (date of birth) or sex of a person in the civil register for birth.    

Rule 2.  Definition of Terms

As used in these rules, the following terms shall mean:

2.1.  Clerical or typographical error - Refers to a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register on the entry of day and month in the date of birth or the sex of the person, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records: Provided, however, that no correction must involve the change of nationality, age (refers to the correction on the year of birth), or legitimacy status of the petitioner/document owner.

2.2. Sex – Refers to the biological and physiological characteristics that define men and women.

2.3. Day and Month of Birth – Refers to the entry in the month and/or day of birth of the petitioner/document owner which is sought to be corrected. 

2.4. Accredited Government Physician – Refers to a licensed doctor of medicine who is registered with the Professional Regulations Commission (PRC) and is  employed in any government hospitals, health institutions, or public health offices.

2.5. Medical Certification – Refers to the certification issued by the accredited government physician attesting to the fact that the petitioner/document owner has not undergone sex change or sex transplant.

Rule 3. Who may file the petition.

3.1. For correction of entry on the day and/or month in the date of birth:

Any person of legal age, having direct and personal interest in the correction of a clerical or typographical error in the day and/or month in the date of birth of a person in the civil register for birth, may file the petition.

A person is considered to have direct and personal interest when he is the owner of the record, or the owner's spouse, children, parents, brothers, sisters, grandparents, guardian, or any other person duly authorized by law or by the owner of the document sought to be corrected; Provided; however, that when a person is a minor or physically or mentally incapacitated, the petition may be filed on his/her behalf by his/her spouse, or any of his/her children, parents, brothers; sisters; grandparents, guardians, or persons duly authorized by law.

3.2. For correction of a clerical or typographical error in sex 

The petitioner affected by such error shall personally file the petition with the civil registry office where the birth certificate is registered.

Rule 4.  Where to file the petition

4.1. For correction of clerical and typographical error in the entry of the day and/or month in the date of birth.

The verified petition may be filed with the C/MCR of the city or municipality or the Philippine Consulate, as the case may be, where the birth record containing the day and/or month in the date of birth to be corrected is registered. 

When the petitioner has migrated to another place within the Philippines and it is not practical for such party, in terms of transportation expenses, time and effort to appear before the C/MCR of the place of birth, the petition may be filed with the C/MCR of the place where the petitioner is residing or domiciled. 

Any person whose birth record was reported abroad and presently residing in the Philippines, the petition may be filed with the C/MCR of the place of residence following the procedures of migrant petition.

Any person whose birth record was registered in the Philippines, or in any Philippine Consulate, but who is presently residing or domiciled in a foreign country, may file the petition with the nearest Philippine Consulate.

4.2. For correction of clerical and typographical error in the entry of sex

The verified petition shall be filed, in person, with the C/MCR of the city or municipality or the Philippine Consulate, as the case may be, where the record containing the entry of sex in the birth certificate to be corrected is registered.

Rule 5.  Processing of the petition

Insofar as applicable, Rule 5 of Administrative Order No. 1, Series of 2001, shall be observed. 

Rule 6.  Form and content of the petition

Insofar as applicable, Rule 8 of Administrative Order No. 1, Series of 2001 shall be observed. In addition, as supporting documents to the petition, the following shall be submitted:

6.1. Earliest school record or earliest school documents;

6.2. Medical records;

6.3. Baptismal certificate and other documents issued by religious authorities;

6.4. A clearance or a certification that the owner of the document has no pending administrative, civil or criminal case, or no criminal record, which shall be obtained from the following:

6.4.1. Employer, if employed;

6.4.2. National Bureau of Investigation; and

6.4.3. Philippine National Police. 

6.5. The petition for the correction of sex and day and/or month in the date of birth shall include the affidavit of publication from the publisher and a copy of the newspaper clipping; and

6.6. In case of correction of sex, the petition shall be supported with a medical certification issued by an accredited government physician that the petitioner has not undergone sex change or sex transplant.

In real estate, lease contract is considered as the most important legal form because it legally binds two or more parties often referred to as the landlord and tenant. The lease contract contains rental agreement, which specifies the tenant's right to live and the landlord's right to retain ownership. The contract protects both parties. For instance, if a tenant decides to move, a letter of cancellation must be provided to the landlord one month in advance to give ample time to find new occupants. 

 

LEASE CONTRACT

 

 

KNOW ALL MEN BY THESE PRESENTS:

 

This CONTRACT OF LEASE is made and executed at the City of _____, this day of _______________, 20__, by and between:

 

        (NAME OF LESSOR), of legal age, single/married to (Name of spouse if any),   Filipino, and with residence and postal address at (Address), hereinafter referred to as the LESSOR.

 

-AND-

 

        (NAME OF LESSEE), Filipino and with residence and postal address at (Address), hereinafter referred to as the LESSEE.

 

WITNESSETH; That

 

WHEREAS, the LESSOR is the owner of THE LEASED PREMISES, a residential property situated at (Address of property to be leased);

 

WHEREAS, the LESSOR agrees to lease-out the property to the LESSEE and the LESSEE is willing to lease the same;

 

NOW THEREFORE, for and in consideration of the foregoing premises, the LESSOR leases unto the LESSEE and the LESSEE hereby accepts from the LESSOR the LEASED premises, subject to the following: 

 

TERMS AND CONDITIONS

 

1. PURPOSES:   That premises hereby leased shall be used exclusively by the LESSEE for residential purposes only and shall not be diverted to other uses. It is hereby expressly agreed that if at any time the premises are used for other purposes, the LESSOR shall have the right to rescind this contract without prejudice to its other rights under the law.

 

2. TERM:  This term of lease is for ONE (1) YEAR. from (Date) to (Date) inclusive. Upon its expiration, this lease may be renewed under such terms and conditions as my be mutually agreed upon by both parties,  written notice of intention to renew the lease shall be served to the LESSOR not later than seven (7) days prior to the expiry date of the period herein agreed upon.

 

3. RENTAL RATE:   The monthly rental rate for the leased premises shall be in PESOS: AMOUNT IN WORDS (P 00,000.00), Philippine Currency. All rental payments shall be payable to the LESSOR.

 

4. DEPOSIT:   That the LESSEE shall deposit to the LESSOR upon signing of this contract and prior to move-in an amount equivalent to the rent for THREE (3) MONTHS or the sum of  PESOS: AMOUNT IN WORDS (P 00,000.00), Philippine Currency.  wherein the two (2) months deposit shall be applied as rent for the 11th and 12th months and the remaining one (1) month deposit shall answer partially for damages and any other obligations, for utilities such as Water, Electricity, CATV, Telephone, Association Dues or resulting from violation(s) of any of the provision of this contract.

 

5. DEFAULT PAYMENT:  In case of default by the LESSEE in the payment of the rent, such as when the checks are dishonored, the LESSOR at its option may terminate this contract and eject the LESSEE. The LESSOR has the right to padlock the premises when the LESSEE is in default of payment for One (1) month and may forfeit whatever rental deposit or advances have been given by the LESSEE.

 

6. SUB-LEASE:   The LESSEE shall not directly or indirectly sublet, allow or permit the leased premises to be occupied in whole or in part by any person, form or corporation, neither shall the LESSEE assign its rights hereunder to any other person or entity and no right of interest thereto or therein shall be conferred on or vested in anyone by the LESSEE without the LESSOR'S written approval.

7. PUBLIC UTILITIES:   The LESSEE shall pay for its telephone, electric, cable TV, water, Internet, association dues and other public services and utilities during the duration of the lease. 

8. FORCE MAJEURE:   If whole or any part of the leased premises shall be destroyed or damaged by fire, flood, lightning, typhoon, earthquake, storm, riot or any other unforeseen disabling cause of acts of God, as to render the leased premises during the term substantially unfit for use and occupation of the LESSEE, then this lease contract may be terminated without compensation by the LESSOR or by the LESSEE by notice in writing to the other.

9. LESSOR'S RIGHT OF ENTRY:   The LESSOR or its authorized agent shall after giving due notice to the LESSEE shall have the right to enter the premises in the presence of the LESSEE or its representative at any reasonable hour to examine the same or make repairs therein or for the operation and maintenance of the building or to exhibit the leased premises to prospective LESSEE, or for any other lawful purposes which it may deem necessary.

10. EXPIRATION OF LEASE:   At the expiration of the term of this lease or cancellation thereof, as herein provided, the LESSEE will promptly deliver to the LESSOR the leased premises with all corresponding keys and in as good and tenable condition as the same is now, ordinary wear and tear expected devoid of all occupants, movable furniture, articles and effects of any kind. Non-compliance with the terms of this clause by the LESSEE will give the LESSOR the right, at the latter's option, to refuse to accept the delivery of the premises and compel the LESSEE to pay rent therefrom at the same rate plus Twenty Five (25) % thereof as penalty until the LESSEE shall have complied with the terms hereof.  The same penalty shall be imposed in case the LESSEE fails to leave the premises after the expiration of this Contract of Lease or termination for any reason whatsoever.

11. JUDICIAL RELIEF:   Should any one of the parties herein be compelled to seek judicial relief against the other, the losing party shall pay an amount of One Hundred (100) % of the amount clamed in the complaint as attorney's fees which shall in no case be less than P50,000.00 pesos in addition to other cost and damages which the said party may be entitled to under the law.

 

12. This CONTRACT OF LEASE shall be valid and binding between the parties, their successors-in-interest and assigns.

 

IN WITNESS WHEREOF,  parties herein affixed their signatures on the date and place above written.

 

 

 

(Name of Lessor)                               (Name of Lessee)

LESSOR                                                LESSEE

 

Signed in the presence of:

 

 

_____________________________                  ______________________________

 

ACKNOWLEDGEMENT

 

Republic of the Philippines)

_________________________) S.S

 

BEFORE ME, personally appeared:

 

   Name                                 CTC Number             Date/Place Issued

 

(Name of Lessor)                     10000000           February 24, 20__ / Cavite City

(Name of Lessee)                     10000000           January 07, 20__ / Makati

 

Known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged to me that the same is their free and voluntary act and deed.

 

This instrument consisting of ____ page/s, including the page on which this acknowledgement is written, has been signed on each and every page thereof by the concerned parties and their witnesses, and and sealed with my notarial seal.

 

WITNESS MY HAND AND SEAL, on the date and place first above written.

                                                                    

                                                                                                                                                         

Notary Public

 

Doc. No.______;

Page No. ______;

Book No.______;

Series of 20___.

Before Reproductive Health (RH) Law was implemented, there were mixed reactions from different sectors. Some deem its implementation as a great way to curb population growth while others are still throwing moral punches. RH Law was passed in 2014 and former President Fidel Ramos urges President Rodrigo Duterte to fully implement the law. 

This is because of the growing population of the country that creates a ripple effect on the growth of poverty rate. The law aims to support the poor by means of distributing modern methods of contraception. Although there is a decrease in population growth, which is at 2.1% per year, this is still high compared to the major countries in East Asia, which were able achieve the population growth rates below 2% per year. 

Here's a primer of RA No. 10354:

SEC. 19. Duties and Responsibilities. – (a) Pursuant to the herein declared policy, the DOH shall serve as the lead agency for the implementation of this Act and shall integrate in their regular operations the following functions:

(1) Fully and efficiently implement the reproductive health care program;

(2) Ensure people’s access to medically safe, non-abortifacient, legal, quality and affordable reproductive health goods and services; and

(3) Perform such other functions necessary to attain the purposes of this Act.

(b) The DOH, in coordination with the PHIC, as may be applicable, shall:

(1) Strengthen the capacities of health regulatory agencies to ensure safe, high quality, accessible and affordable reproductive health services and commodities with the concurrent strengthening and enforcement of regulatory mandates and mechanisms;

(2) Facilitate the involvement and participation of NGOs and the private sector in reproductive health care service delivery and in the production, distribution and delivery of quality reproductive health and family planning supplies and commodities to make them accessible and affordable to ordinary citizens;

(3) Engage the services, skills and proficiencies of experts in natural family planning who shall provide the necessary training for all BHWs;

(4) Supervise and provide assistance to LGUs in the delivery of reproductive health care services and in the purchase of family planning goods and supplies; and

(5) Furnish LGUs, through their respective local health offices, appropriate information and resources to keep the latter updated on current studies and researches relating to family planning, responsible parenthood, breastfeeding and infant nutrition.

(c) The FDA shall issue strict guidelines with respect to the use of contraceptives, taking into consideration the side effects or other harmful effects of their use.

(d) Corporate citizens shall exercise prudence in advertising its products or services through all forms of media, especially on matters relating to sexuality, further taking into consideration its influence on children and the youth.

Many people have fallen prey to schemes including entering into a fake marriage. Everything seems like a dream-come-true to these individuals, but when both parties decide to part ways, it is only then that one party discovers that the marriage was actually fake. People who are not well-versed when it comes to the ins and outs of legal marriage may consider a marriage certificate as a strong proof of the validity of marriage. Surprising as it may seem, a marriage can still be considered valid despite the absence of registration of a marriage certificate at the local civil registry or the National Statistics Office. 

When both parties have entered into a contract of permanent union, the following requirements must be met in accordance with the Family Code. 

Requisites of Marriage

Article 1. Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. (52a)

Art. 2. No marriage shall be valid, unless these essential requisites are present:

(1) Legal capacity of the contracting parties who must be a male and a female; and

(2) Consent freely given in the presence of the solemnizing officer. (53a)

Art. 3. The formal requisites of marriage are:

(1) Authority of the solemnizing officer;

(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and

(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. (53a, 55a)

Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2).

A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable. (n)

Art. 5. Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38, may contract marriage. (54a)

Art. 6. No prescribed form or religious rite for the solemnization of the marriage is required. It shall be necessary, however, for the contracting parties to appear personally before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife. This declaration shall be contained in the marriage certificate which shall be signed by the contracting parties and their witnesses and attested by the solemnizing officer.

In case of a marriage in articulo mortis, when the party at the point of death is unable to sign the marriage certificate, it shall be sufficient for one of the witnesses to the marriage to write the name of said party, which fact shall be attested by the solemnizing officer. (55a)

Art. 7. Marriage may be solemnized by:

(1) Any incumbent member of the judiciary within the court's jurisdiction;

(2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general, acting within the limits of the written authority granted by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer's church or religious sect;

(3) Any ship captain or airplane chief only in the case mentioned in Article 31;   

(4)  Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, likewise only in the cases mentioned in Article 32;

(5) Any consul-general, consul or vice-consul in the case provided in Article 10. (56a)

Article. 8. The marriage shall be solemnized publicly in the chambers of the judge or in open court, in the church, chapel or temple, or in the office the consul-general, consul or vice-consul, as the case may be, and not elsewhere, except in cases of marriages contracted on the point of death or in remote places in accordance with Article 29 of this Code, or where both of the parties request the solemnizing officer in writing in which case the marriage may be solemnized at a house or place designated by them in a sworn statement to that effect. (57a)

Art. 9. A marriage license shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides, except in marriages where no license is required in accordance with Chapter 2 of this Title. (58a)

Art. 10. Marriages between Filipino citizens abroad may be solemnized by a consul-general, consul or vice-consul of the Republic of the Philippines. The issuance of the marriage license and the duties of the local civil registrar and of the solemnizing officer with regard to the celebration of marriage shall be performed by said consular official. (75a)

Art. 11. Where a marriage license is required, each of the contracting parties shall file separately a sworn application for such license with the proper local civil registrar which shall specify the following:

(1) Full name of the contracting party;

(2) Place of birth;

(3) Age and date of birth;

(4) Civil status;

(5) If previously married, how, when and where the previous marriage was dissolved or annulled;

(6) Present residence and citizenship;

(7) Degree of relationship of the contracting parties;

(8) Full name, residence and citizenship of the father;

(9) Full name, residence and citizenship of the mother; and

(10) Full name, residence and citizenship of the guardian or person having charge, in case the contracting party has neither father nor mother and is under the age of twenty-one years. 

If the requisites mentioned are present, there is no reason for marriage to be invalid. If a copy of the marriage certificate has not been filed to the local civil registry, it does not affect the validity of marriage. Married parties will just simply present a copy of marriage certificate to the civil registry for late registration.