Chattel Mortgage refers to a contract by virtue, which involves recording the personal property in the Chattel Mortgage Register as security for the performance of an obligation. The Chattel Mortgage can either be a formal contract or an accessory contract. It is required if the debtor has to retain the property. 

Act No. 1508

Sec. 3. Chattel mortgage defined. — A chattel mortgage is a conditional sale of personal property as security for the payment of a debt, or the performance of some other obligation specified therein, the condition being that the sale shall be void upon the seller paying to the purchaser a sum of money or doing some other act named. If the condition is performed according to its terms the mortgage and sale immediately become void, and the mortgagee is thereby divested of his title.

Sec. 4. Validity. — A chattel mortgage shall not be valid against any person except the mortgagor, his executors or administrators, unless the possession of the property is delivered to and retained by the mortgagee or unless the mortgage is recorded in the office of the register of deeds of the province in which the mortgagor resides at the time of making the same, or, if he resides without the Philippine Islands, in the province in which the property is situated: Provided, however, That if the property is situated in a different province from that in which the mortgagor resides, the mortgage shall be recorded in the office of the register of deeds of both the province in which the mortgagor resides and that in which the property is situated, and for the purposes of this Act the city of Manila shall be deemed to be a province.

Sec. 5. Form. — A chattel mortgage shall be deemed to be sufficient when made substantially in accordance with the following form, and shall be signed by the person or persons executing the same, in the presence of two witnesses, who shall sign the mortgage as witnesses to the execution thereof, and each mortgagor and mortgagee, or, in the absence of the mortgagee, his agent or attorney, shall make and subscribe an affidavit in substance as hereinafter set forth, which affidavit, signed by the parties to the mortgage as above stated, and the certificate of the oath signed by the authority administering the same, shall be appended to such mortgage and recorded therewith.

 

CHATTEL MORTGAGE

 

 

"This mortgage made this ____ day of ______19____ by _______________, a resident of the municipality of ______________, Province of ____________, Philippine Islands mortgagor, to ____________, a resident of the municipality of ___________, Province of ______________, Philippine Islands, mortgagee, witnesseth:

 

"That the said mortgagor hereby conveys and mortgages to the said mortgagee all of the following-described personal property situated in the municipality of ______________, Province of ____________ and now in the possession of said mortgagor, to wit:

 

(Here insert specific description of the property mortgaged.)

 

"This mortgage is given as security for the payment to the said ______, mortgagee, of promissory notes for the sum of ____________ pesos, with (or without, as the case may be) interest thereon at the rate of ___________ per centum per annum, according to the terms of __________, certain promissory notes, dated _________, and in the words and figures following (here insert copy of the note or notes secured).

 

"(If the mortgage is given for the performance of some other obligation aside from the payment of promissory notes, describe correctly but concisely the obligation to be performed.)

 

"The conditions of this obligation are such that if the mortgagor, his heirs, executors, or administrators shall well and truly perform the full obligation (or obligations) above stated according to the terms thereof, then this obligation shall be null and void.

 

"Executed at the municipality of _________, in the Province of ________, this _____ day of 19_____

 

____________________

(Signature of mortgagor.)

 

"In the presence of

 

"_________________

"_________________

(Two witnesses sign here.)

 

FORM OF OATH.

"We severally swear that the foregoing mortgage is made for the purpose of securing the obligation specified in the conditions thereof, and for no other purpose, and that the same is a just and valid obligation, and one not entered into for the purpose of fraud."

 

FORM OF CERTIFICATE OF OATH.

"At ___________, in the Province of _________, personally appeared ____________, the parties who signed the foregoing affidavit and made oath to the truth thereof before me.

 

"_____________________________"

(Notary public, justice of the peace, 1 or other officer, as the case may be.)

December is the season to be vigilant because scammers and crooks are on the prowl for the next victim. Many people fall prey to a vast range of schemes and it is already too late before you realize that the criminal has outsmarted you. This is why it pays to be mindful of these schemes and educating yourself is going to be your best defense.

1. Taxi Scams

A taxi driver whose intention is to take you to your destination will choose the fastest and safest route possible. However, if a taxi driver has another thing in mind, passing through less known streets is going to be a common scenario. These taxi drivers will stop on an isolated street where their accomplices are waiting. It is going to be a ride to hell as the accomplices will hop on the cab and take the passenger's valuables. 

It is important to take note of the cab's plate and the driver's name. Send the information to a loved one. Lock the doors to prevent accomplices from hopping on the cab. 

2. Budol-budol Gang

While this is not a new tactic, many people have been deceived and crooks have already taken the money before the victim can realize that he or she has become a victim of the criminal's schemes. The scenario would usually involve a group of people talking to an unsuspecting victim. Before you know it, you have already submitted to the demands of the group and you just hand over your cash and valuables in exchange for a bag of fake goods or bills. Your parents used to tell you not to talk to strangers. Well guess what, it is still going to be your best defense against Budol-budol gang. 

3. Internet Scams

If traffic makes shopping stressful, online shopping is an option worth-exploring. Although it makes Christmas shopping a breeze, many people have still been exposed to many types of scams. Have you ever placed an order of an item only to find out that it is not what you have hoped for. Have you already paid for the item, but the item never arrived at your doorstep? These are the common internet scams when doing an online shopping. 

It is important to be mindful of the seller you are buying items from. Check reviews and profiles so you will know if the transaction is really legitimate. 

4. Automated Teller Machine Scams

You need to exercise caution when withdrawing your hard-earned money from automated teller machines. This is because there are many ATM schemes that give crooks the opportunity to take your money effortlessly. One of which is cloning your card using an ATM scheming device. They have copied everything and you will wonder why you have no money left in your account. You can keep these scammers at bay if you are watchful of those who have suspicious characters who are circulating the ATM before you make a transaction. Choose the ATM situated inside the bank. ATM scams often take place when machines are located in places that are not well lit. 

5. Salisi Gang

You are in a high-end restaurant or shopping center, so what else could go wrong? Salisi gang attacks when you least expect it. You may be confident of placing your bag in an unoccupied seat beside you, but little do you know that the group is just waiting for a perfect opportunity to strike. These people are dressed in stylish clothes so nobody would suspect them. When a prey is preoccupied or distracted, this is the time they will execute their plan of stealing your valuables. Never leave your things unattended . Place it in an area where you can easily see it. 

The social media has been an avenue for various complaints because it reaches the wider public. For sure, you have already seen people sharing posts about a missing person, crime suspect, bad customer service and whatnot. While social media is a huge help to those who have genuine concerns, people who want to simply take advantage of the situation also use it as a way to extort money. 

In Mandaue City, Cebu two women, Aldara Pinero and Sistene Pinero were nabbed for extorting P735,000 from Sunpride Foods Inc. One of the suspects uploaded a video in Facebook claiming that they bought a can of rotten corned beef. The viral video showed that the corned beef contained worms. It would have been believable, had the authorities failed to investigate. 

The video was viewed 735,000 times equivalent to the money they demanded. Henry Dy, general operations of Sunpride Foods Inc, advised the two women to send a message to their customer service number so their complaints can be addressed properly. 

However, they wanted a meeting and payment in exchange for taking down the video. After thorough investigation, it has been found that their claims were not true. Dy said their canned meat products undergo a sterilization process and corned beef is heated at up to 270 degrees Fahrenheit to ensure bacteria are destroyed. He also added that if the meat has worms, the can would have emitted foul odor. The two women have violated Republic Act No. 10175 or the Cyber Crime Law. 

Cybercrimes

Section 4. Cybercrime Offenses. – The following acts constitute the offense of core cybercrime punishable under the Act:

A. Offenses against the confidentiality, integrity and availability of computer data and systems shall be punished with imprisonment of prision mayor or a fine of at least Two Hundred Thousand Pesos (P200,000.00) up to a maximum amount commensurate to the damage incurred, or both, except with respect to number 5 herein:

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

Illegal Interception – The interception made by technical means and 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: Provided, however, That it shall not be unlawful for an officer, employee, or agent of a service provider, whose facilities are used in the transmission of communications, to intercept, disclose or use that communication in the normal course of employment, while engaged in any activity that is necessary to the rendition of service or to the protection of the rights or property of the service provider, except that the latter shall not utilize service observing or random monitoring other than for purposes of mechanical or service control quality checks.

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.

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.

Misuse of Devices, which shall be punished with imprisonment of prision mayor, or a fine of not more than Five Hundred Thousand Pesos (P500,000.00), or both, is committed through any of the following acts:

a. The use, production, sale, procurement, importation, distribution or otherwise making available, intentionally and without right, of any of the following:

i. A device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this rules; or

ii. 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 the intent that it be used for the purpose of committing any of the offenses under this rules.

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

Provided, That no criminal liability shall attach when the use, production, sale, procurement, importation, distribution, otherwise making available, or possession of computer devices or data referred to in this section is for the authorized testing of a computer system.

If any of the punishable acts enumerated in Section 4(A) is committed against critical infrastructure, the penalty of reclusion temporal, or a fine of at least Five Hundred Thousand Pesos (P500,000.00) up to maximum amount commensurate to the damage incurred, or both shall be imposed.

B. Computer-related Offenses, which shall be punished with imprisonment of prision mayor, or a fine of at least Two Hundred Thousand Pesos (P200,000.00) up to a maximum amount commensurate to the damage incurred, or both, are as follows:

1. Computer-related Forgery –

a. 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

b. 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 no damage 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. Any person found guilty of Child Pornography shall be punished in accordance with the penalties set forth in Republic Act No. 9775 or the “Anti-Child Pornography Act of 2009”: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for in Republic Act No. 9775 if committed through a computer system.

A Contract to Sell refers to an agreement between a seller and a buyer. The contract shows that the seller promises to sell something to the buyer and the buyer also promises the seller the buy the property. However, the contract does not instantly transfer the right to the buyer even when this contract is signed. There are still conditions that have to be fulfilled by one or both parties before transfer of ownership can take place. The Deed of Absolute sale will only be executed once the conditions stated in the Contract to Sell have been met. 

 

CONTRACT TO SELL

KNOW ALL MEN BY THESE PRESENTS:

This Contract to Sell is made and executed and entered into by: 

Name of Seller, of legal age, Filipino, single/married to Name of the Spouse of Seller, with residence address at Postal Address of the Seller in the Phiilppines, hereinafter referred to as the SELLER;

-AND- 

       Name of Buyer, of legal age, Filipino, single/married to, Name of Spouse of Buyer and with residence and postal address at Address of the Buyer in the Phiippines, hereinafter referred to as the BUYER; 

WITNESSETH;

         WHEREAS, the SELLER is the registered owner of a parcel of land with improvements located at Address of the property for sale in the Philippines and covered by Transfer Certificate of Title No. 000000 containing a total area of LAND AREA IN SQUARE METERS (000sqm) SQUARE METERS, more or less, issued by the Registry of Deeds of City/Municipality;

WHEREAS, the BUYER has offered to buy and the SELLER has agreed to sell the above mentioned property under the terms and conditions herein below set forth;

NOW THEREFORE, for and in consideration of the total sum of THE CONTRACT PRICE FOR THE PROPERTY FOR SALE (P0,000,000.00) Philippine Currency, and of the covenants herein after set forth the SELLER  agrees to sell and the BUYER agree to buy the aforesaid property subject to the following terms and conditions:

The total consideration shall be THE CONTRACT PRICE FOR THE PROPERTY FOR SALE (P0,000,000.00) Philippine Currency, payable through CASH/MANAGERS’ CHECK/WIRE TRANSFER as follows:

1.1. The amount of THE EARNEST MONEY DEPOSIT (P000,000.00) representing earnest money deposit shall be payable upon execution of this Contract to Sell and shall be considered part of the total Contract price.

1.2. The remaining balance amounting to THE REMAINING BALANCE (P0,000,000.00) PESOS Philippine Currency, shall be payable within ­TIME FRAME upon execution of this Contract to Sell.

1.3  In case the BUYERS could not fulfil any of their obligation stated in this Contract To Sell, the earnest money shall be forfeited in favor of the SELLER.

2.    Al pending utility bills, if any, Real Estate Tax up to the time of sale, Capital Gains Tax, Documentary Stamp Tax, shall be for the account of the SELLER.

3.     Notarization fees, Registration Fee, Transfer Fees and all miscellaneous fees and expenses to transfer the certificate of title in the name of the new owner shall be for the account of the SELLER;

4.     Possession to the subject property shall be delivered by the SELLER to the BUYER upon full payment of the total consideration;

5. ADDITIONAL TERMS AND CONDITIONS SUCH AS Delivery of the property shall be given by the SELLER to the BUYER devoid of any religious artefacts, personal belongings and effects, tenants and any toxic/radioactive substances. Etc.

6. TERMS AND CONDITIONS MAY VARY ON A CASE-TO-CASE BASIS. CONTRACTING PARTIE MAY ADD, SUBTRACT, EDIT, ANY OR ALL PARTS OF THIS CONTRACT TO SELL AS THEY SEE FIT

7.    Upon full payment of the total price, the SELLER shall sign and execute a DEED OF ABSOLUTE SALE in favour of the BUYER. The SELLER shall likewise execute and/or deliver any and all documents, including but not limited to the original copy of Transfer Certificate of Title, Tax Declaration and all other documents necessary for the transfer of ownership from SELLER to the BUYER. 

8. In case the SELLER could not fulfil any of the obligations stated in this Contract to Sell, the BUYER shall be entitled to a full refund plus 10% interest per month.

 

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, this

 

_____ day of _______________________ 20________ at ___________________________________, Philippines.

 

___________________________________                                       ___________________________________

 

Printed Name and Signature of SELLER                                          Printed Name and Signature of BUYER

 

SIGNED IN THE PRESENCE OF:

 ___________________________________                                       ______________________________________

 

Printed Name and Signature of 1st Witness                                                Printed Name and Signature of 2nd Witness

 

 ACKNOWLEDGMENT

 

REPUBLIC OF THE PHILIPPINES)

_____________________________ )  SS.

BEFORE ME, a Notary Public for and in ________________________________________________________  personally appeared:

 

Name                                       ID  Number                                         Date/Place Issued

 

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

 

This instrument, consisting of 2 pages, including the page on which this acknowledgment is written, has been signed on the left margin of each and every page thereof by the concerned parties and their witnesses, and sealed with my notarial seal.

 

WITNESS  MY HAND AND SEAL on this ______day of _______________________________20__________ at_____________________________.

 

Notary Public

  

Doc. No. ……..;

Page No. …….;

Book No. …….;

Series of 20____.

The aim to enact death penal bill into a law still has a long way to go. People have mixed opinions and reactions regarding death penalty. Reviving death penalty will impose more serious punishment to those who trade, sell, transport and distribute dangerous drugs regardless of purity and quantity. If a person is caught possessing at least 10 grams of any dangerous drugs or 500 grams of marijuana, these criminal offenses will be punishable by death. If foreigners bring in illegal drugs into the country, they too will be executed regardless of the quantity and purity of substance. 

Lawmakers would also like to push through with the inclusion of non-drug related crimes such as murder, kidnapping and rape. For rape cases, the penalty will depend on how and when it happened. Aside from drug trade, corruption is also prevalent especially among government officials. They too are not spared because if found guilty of committing plunder amounting to P50 million or more, the crime will be punished with death. 

Proposed Crimes To Be Punished By Death

1. Treason

2. Qualified Piracy

3. Qualified Bribery

4. Parricide

5. Murder

6. Infanticide

7. Rape (Depends on when and hot it was committed)

8. Kidnapping and Serious Illegal Detention

9. Robbery with violence against or intimidation of persons

10.Destructive Arson

11.Plunder

12.Importation of Dangerous Drugs

13.Sale, Trading, Administration, Distribution of Dangerous Drugs

14.Maintenance of a den, dive or resort where drugs are used

15.Manufacture of Dangerous Drugs

16.Possession of Dangerous Drugs (of certain quantities)

17.Cultivation of Plants Classified as Dangerous Drugs

18.Unlawful Prescription of Dangerous Drugs

19.Criminal Liability for Planting of Evidence

20.Carnapping

 

          Source: House Committee On Justice

Death is certain and so is tax. This is why it is important to know what should be taxed and what should not. The following are considered exempted from taxes:

• All revenues, income, assets of non-stock and non-profit educational institutions used directly, actually and exclusively for all grants and educational purposes, donations, contributions, endowments used directly, exclusively for educational purposes as stated on Article 14 Section 4. 
  
  
• Charitable institutions, convents, mosques, churches, non-profit lands, buildings, cemeteries and improvements exclusively, actually, and directly used for charitable, educational and religious purposes.

Basic Personal and Additional Tax Exemptions According to R.A 7167

(l) Personal exemptions allowable to individuals. — (1) Basic personal exemption. — For the purpose of determining the tax provided in Section 21(a) of this Title, there shall be allowed a basic personal exemption as follows:  

"For single individual or married individual judicially decreed as legally separated with no qualified dependents P9,000

"For head of a family P12,000

"For married individual P18,000

Provided, That husband and wife electing to compute their income tax separately shall be entitled to a personal exemption of P9,000 each." 

Sec. 2. The first paragraph of item (2)(A), paragraph (l) of Section 29 of the same Code, as amended, is hereby further amended to read as follows: 

"(2) Additional exemption  

"(A) Taxpayers with dependents. — A married individual or a head of family shall be allowed an additional exemption of Five thousand pesos (P5,000) for each dependent: Provided, That the total number of dependents for which additional exemptions may be claimed shall not exceed four dependents: Provided, further, That an additional exemption of One thousand pesos (P1,000) shall be allowed for each child who otherwise qualified as dependent prior to January 1, 1980: Provided, finally, That the additional exemption for dependents shall be claimed by only one of the spouses in the case of married individuals electing to compute their income tax liabilities separately.

For additional information about filing for tax exemption, visit Bureau of Internal Revenue's website. 

A real estate purchase will not be complete without the deed of absolute sale. This legal form transfers property to one party including property rights. The deed serves as a proof that the transfer occurred. Once you have signed the documents, it means you have fully understood that all rights to the property will be transferred from the seller to the buyer. 

It is also important to note that the deed of absolute sale should have no stipulated conditions attached other than the buyer's payment. 

You need to have an independent surveyor or judge that will determine the property's current market value to prevent over-paying. You will also have to make sure that the document is legally binding and should vividly describe the property that will be transferred. A sample of deed of absolute sale is provided below:

DEED OF ABSOLUTE SALE 

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF ABSOLUTE SALE is made, executed and entered into by:

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

-AND- 

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

WITNESSETH; 

       WHEREAS, the SELLER is the registered owner of a parcel of land with improvements located at (Address of property to be sold) and covered by Transfer Certificate of Title No. (TCT Number) containing a total area of (Land Area of Property in Words) (000) SQUARE METERS, more or less, and more particularly described as follows:

TRANSFER CERTIFICATE OF TITLE NO. 0000

       "(Insert the  technical description of the property on the title) Example: A PARCEL OF LAND (Lot 20 Blk 54 of consolidation subdivision plan (LRC) Pcs-13265, being a portion of the consolidation of Lots 4751-A and 4751-B (LRC) Psd-50533,  Lot 3, Psd-100703, Lot 1, Psd-150980, LRC Rec. Nos. Nos. N-27024, 51768, 89632, N-11782, N-13466, and 21071 situated in the Bo. of San Donisio, Mun of Paranaque,  Prov of Rizal, Is. of Luzon. Bounded on NE., point 4 to 1 by Road Lot 22, on...to the point of beginning; containing an area of (280) square meters more or less..."

       WHEREAS, the BUYER has offered to buy and the SELLER has agreed to sell the above mentioned property for the amount of (Amount in words) (P 000,000.00) Philippine Currency;

       NOW THEREFORE, for and in consideration of the sum of (Amount in words) (P 000,000.00) Philippine Currency, hand paid by the vendee to the vendor, the SELLER DO HEREBY SELL, TRANSFER, and CONVEY by way of Absolute Sale unto the said BUYER, his heirs and assigns, the certain parcel of land together with all the improvements found thereon, free from all liens and encumbrances of whatever nature including real estate taxes as of the date of this sale.

 (NAME OF SELLER)                       (NAME OF BUYER)

          Seller                                        Buyer  

WITH MARITAL CONSENT:

________________________             _________________________

 Name of Seller's Spouse                      Name of Buyer's Spouse

  

SIGNED IN THE PRESENCE OF:

 

__________________________               ____________________________

 

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

_____________________________ )  SS.

 

BEFORE ME, a Notary Public for and in the City of ___________________,  personally appeared:

 

Name                           CTC Number               Date/Place Issued   

 

(Name of Seller)                      10000000             Jan 15, 20__ / Angeles City

(Name of Buyer)                      10000000             Jan 9, 20__ / Manila          

 

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

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

WITNESS  MY HAND AND SEAL on this ___day of __________________20__ at_______________.

Notary Public

Doc. No. ........;

Page No. .......;

Book No. .......;

Series of 20__.

The Philippine copyright law or officially known as the Republic Act No. 8293 is based on the copyright law of the United States. The Philippine copyright law also protects trademarks, patents and even various forms of intellectual property. You might have also heard about the Optical Media Act, which aims to protect local artists against piracy. The same Act protects computer programs and video games. 

ORIGINAL WORKS

Sec. 172. Literary and Artistic Works. -

172.1 Literary and artistic works, hereinafter referred to as "works", are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular:

(a) Books, pamphlets, articles and other writings;

(b) Periodicals and newspapers;

(c) Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form;

(d) Letters;

(e) Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows;

(f) Musical compositions, with or without words;

(g) Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models or designs for works of art;

(h) Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art;

(i) Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science;

(j) Drawings or plastic works of a scientific or technical character;

(k) Photographic works including works produced by a process analogous to photography; lantern slides;

(l) Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings;

(m) Pictorial illustrations and advertisements;

(n) Computer programs; and

(o) Other literary, scholarly, scientific and artistic works.

172.2. Works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as well as of their content, quality and purpose. (Sec. 2, P. D. No. 49a)

DERIVATIVE WORKS

Sec. 173. Derivative Works. -

173.1. The following derivative works shall also be protected by copyright:

(a) Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works; and

(b) Collections of literary, scholarly or artistic works, and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents. (Sec. 2, [P] and [Q], P. D. No. 49)

173.2. The works referred to in paragraphs (a) and (b) of Subsection 173.1 shall be protected as a new works: Provided however, That such new work shall not affect the force of any subsisting copyright upon the original works employed or any part thereof, or be construed to imply any right to such use of the original works, or to secure or extend copyright in such original works. (Sec. 8, P. D. 49; Art. 10, TRIPS)

Sec. 174. Published Edition of Work. - In addition to the right to publish granted by the author, his heirs or assigns, the publisher shall have a copy right consisting merely of the right of reproduction of the typographical arrangement of the published edition of the work. (n)  

WORKS NOT PROTECTED

Sec. 175. Unprotected Subject Matter. - Notwithstanding the provisions of Sections 172 and 173, no protection shall extend, under this law, to any idea, procedure, system method or operation, concept, principle, discovery or mere data as such, even if they are expressed, explained, illustrated or embodied in a work; news of the day and other miscellaneous facts having the character of mere items of press information; or any official text of a legislative, administrative or legal nature, as well as any official translation thereof. (n)

Sec. 176. Works of the Government. -

176.1. No copyright shall subsist in any work of the Government of the Philippines. However, prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit. Such agency or office may, among other things, impose as a condition the payment of royalties. No prior approval or conditions shall be required for the use of any purpose of statutes, rules and regulations, and speeches, lectures, sermons, addresses, and dissertations, pronounced, read or rendered in courts of justice, before administrative agencies, in deliberative assemblies and in meetings of public character. (Sec. 9, First Par., P. D. No. 49)

176.2. The Author of speeches, lectures, sermons, addresses, and dissertations mentioned in the preceding paragraphs shall have the exclusive right of making a collection of his works. (n)

176.3. Notwithstanding the foregoing provisions, the Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest or otherwise; nor shall publication or republication by the government in a public document of any work in which copy right is subsisting be taken to cause any abridgment or annulment of the copyright or to authorize any use or appropriation of such work without the consent of the copyright owners. (Sec. 9, Third Par., P. D. No. 49)

Have you ever been threatened by someone that have caused fear or mental disturbance? To some, it is just a form of pressuring someone to give in to the demands of the person imposing threats. Whether light or grave threats, both criminal offenses have penalties under Article 282 and 285.  

A. Grave Threats under Article 282 - the act threatened to be done is a crime e.g. to kill, to burn or destroy property, to box or to inflict injuries 

1. Conditional: the accused makes a demand so that he will not do what he threatened, such as a demand for money or another condition which may not be unlawful. E.g. “I will stone your car if you will fail me”.

2 Unconditional- there is simply a declaration to do wrong or harm amounting to a crime. E.g.: “I am tired of looking at your face. I might as well kill you”

3. But if the threat was made in the heat of anger and the accused did not persist, it is Light Threats. E.g: In a heated quarrel the accused uttered:  “ Uubusin ko kayong magpapamilya” but did not do anything more. If he however gets a weapon and moves towards his opponent, the crime is grave threats.

B. Light Threats which may either be:

1. Where the act to be done does not amount to a crime, but it disturbs another. This may be subject to a condition or not. (Article 283)    Examples:

(a). “I will fail you if you will not be introduce me to your sister”

(bi). “ I will report your absences to your father if you do not let me copy your answers”

(c).  “I will tell your boyfriend about your dating other men”                    

2. Other Light Threats (Article 285)

a). Threatening another with a weapon, or drawing such weapon in a quarrel

b). Orally threatening another with a wrong which may amount to a crime but he accused did not persist in the idea involved in the threat 

III. If there is an intimidation and threat to inflict an injury is coupled with a  demand for money, when is it threats and when is it robbery?

1.     In threats the harm/injury is still to be inflicted in the future (future harm) whereas in robbery the harm is to be inflicted right then and there, or that it is actual and immediate  ( immediate harm)

2.     In threats, the harm maybe committed upon the person or honor of the victim or that to his family, or to his property whereas in robbery the harm is to be inflicted does not include the honor of the victim

3.     In threats the doing of the harm may be communicated through an intermediary where as in robbery the doing of the harm is always communicated directly and personally to the victim

4.     In threat gain is not immediate whereas in robbery the gain is immediate.        

IV. Threats as constituting blackmailing- when the doing of a wrong which does not constitute a crime ( Light threat) is subject to a demand for money or other valuable considerations. Examples: 

1.     “ I will report your cheating to the Dean unless you take charge of my back rentals”

2.      “I will inform your best friend that you are dating her boy friend. However, If you let me have your bracelet, then I will not say anything”.

      NOTE; there are two forms of blackmailing. The second is under the law on libel

V. Threats maybe made in any form: orally or in writing or by deeds and actions; personally or through an intermediary, or via modern facilities of communications, such as by texting or E-mail. The crime is consummated once the threat is made known to the person threatened. 

VI. Threats are absorbed when they are made in connection with another crime, or are used as the means to commit another crime. Thus the threat to kill is absorbed in armed robbery, as the threat to injure is absorbed in rape.

VII. Bond for Good Behavior: this is the amount of money to be deposited by the accused charged with threats to ensure that he shall not molest the person threatened. If he refuses to put up the Bond for Good behavior, he shall be sentenced to destierro. This is separate and different from the bond which the accused is require to put up in order not to be detained pending trial.

A company needs employees to operate the business. Before getting hired by an employer, it is important for every employee to determine the type of employment they have. This is because conflicts may arise when an employer decides to go in a different direction. 

Types of Employees

1. Regular Employees-these employees refer to those who are hired for the business activities deemed necessary in the employer's usual business. They are the ones who enjoy tenure security as it is guaranteed by the Constitution. A regular employee cannot simply be terminated unless due to Just and Authorized causes according to the law. 

2. Probationary Employee-workers will not be automatically regularized once hired as they will be placed on probationary status for 6 months. After the probationary period, the employee's performance will be evaluated if they are qualified for regularization. 

3. Term Employees-this type of employee also refers to fixed-term employee because their services are needed for a specific period only. 

4. Project Employees-an employee hired for a specific project is considered as a project employee. Before an employee can be hired as a project employee, the company must specify the length and scope of the work. 

5. Seasonal Employees-workers who are hired for business activities which require additional manpower and are temporarily laid off during off season are called casual employees. 

6. Casual Employees-this type of employee is hired for business activities which are deemed incidental to the business. 

ART. 280. Regular and Casual Employment.— The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.

An employment shall be deemed to be casual if it is not covered by the preceding paragraph: Provided, That, any employee who has rendered at least one year of service, whether such service is continuous or broken, shall be considered a regular employee with respect to the activity in which he is employed and his employment shall continue while such actually exists.

The foregoing contemplates four (4) kinds of employees: (a) regular employees or those who have been “engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer”; (b)  project employees or those “whose employment has been fixed for a specific project or undertaking[,] the completion or termination of which has been determined at the time of the engagement of the employee”; (c)   seasonal employees or those who work or perform services which are seasonal in nature, and the employment is for the duration of the season; and (d) casual employees or those who are not regular, project, or seasonal employees. Jurisprudence has added a fifth kind— a fixed-term employee.

Children are known for their wide-eyed innocence. People who have already journeyed into adulthood often wish to go back to their childhood years because of children's carefree spirit. This is why when kids commit a crime, many people will pin the blame on parents because they are supposed to mold and guide children. 

However, if a child grows in a cruel society where basic rights such as the right to education is denied, children may wake up to harsh reality. Their world crumbles down before it is even built. The proliferation of drugs no longer comes as a surprise in the country and children who become criminally liable are no longer new to taking illegal drugs. 

Since many crimes are committed by children as young as 9 years, a law has been proposed to put a lid on this problem. This means that the minimum age of criminal responsibility will be reduced from 15 to 9. Republic Act No. 9344 states that 15 is the minimum age of criminal responsibility. 

Republic Act No. 9344

Sec. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act.

A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act.

The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws.

Sec. 7. Determination of Age. - The child in conflict with the law shall enjoy the presumption of minority. He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years old or older. The age of a child may be determined from the child's birth certificate, baptismal certificate or any other pertinent documents. In the absence of these documents, age may be based on information from the child himself/herself, testimonies of other persons, the physical appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his/her favor.

Any person contesting the age of the child in conflict with the law prior to the filing of the information in any appropriate court may file a case in a summary proceeding for the determination of age before the Family Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate pleadings of all interested parties.

If a case has been filed against the child in conflict with the law and is pending in the appropriate court, the person shall file a motion to determine the age of the child in the same court where the case is pending. Pending hearing on the said motion, proceedings on the main case shall be suspended.

In all proceedings, law enforcement officers, prosecutors, judges and other government officials concerned shall exert all efforts at determining the age of the child in conflict with the law.

Partition or distribution of the estate is an issue to the surviving spouse and children when the deceased father failed to leave any Will that will determine who gets what. The plot even thickens when the property is going to be divided among half siblings. It is a challenge for all parties to come to an agreement, which involves the proposed partition as there are various things that must be taken into consideration. This is where intestate succession comes into play. 

SECTION 2. – Order of Intestate Succession

SUBSECTION 1. – Descending Direct Line

Art. 978. Succession pertains, in the first place, to the descending direct line. (930)

Art. 979. Legitimate children and their descendants succeed the parents and other ascendants, without distinction as to sex or age, and even if they should come from different marriages.

An adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child. (931a)

Art. 980. The children of the deceased shall always inherit from him in their own right, dividing the inheritance in equal shares. (932)

Art. 981. Should children of the deceased and descendants of other children who are dead, survive, the former shall inherit in their own right, and the latter by right of representation. (934a)

Art. 982. The grandchildren and other descendants shall inherit by right of representation, and if any one of them should have died, leaving several heirs, the portion pertaining to him shall be divided among the latter in equal portions. (933)

Art. 983. If illegitimate children survive with legitimate children, the shares of the former shall be in the proportions prescribed by Article 895. (n)

Art. 984. In case of the death of an adopted child, leaving no children or descendants, his parents and relatives by consanguinity and not by adoption, shall be his legal heirs. (n)

SUBSECTION 4. – Surviving Spouse

Art. 995. In the absence of legitimate descendants and ascendants, and illegitimate children and their descendants, whether legitimate or illegitimate, the surviving spouse shall inherit the entire estate, without prejudice to the rights of brothers and sisters, nephews and nieces, should there be any, under article 1001. (946a)

Art. 996. If a widow or widower and legitimate children or descendants are left, the surviving spouse has in the succession the same share as that of each of the children. (834a)

Art. 997. When the widow or widower survives with legitimate parents or ascendants, the surviving spouse shall be entitled to one-half of the estate, and the legitimate parents or ascendants to the other half. (836a)

Art. 998. If a widow or widower survives with illegitimate children, such widow or widower shall be entitled to one-half of the inheritance, and the illegitimate children or their descendants, whether legitimate or illegitimate, to the other half. (n)

Art. 999. When the widow or widower survives with legitimate children or their descendants and illegitimate children or their descendants, whether legitimate or illegitimate, such widow or widower shall be entitled to the same share as that of a legitimate child. (n)

Art. 1000. If legitimate ascendants, the surviving spouse, and illegitimate children are left, the ascendants shall be entitled to one-half of the inheritance, and the other half shall be divided between the surviving spouse and the illegitimate children so that such widow or widower shall have one-fourth of the estate, and the illegitimate children the other fourth. (841a)

Art. 1001. Should brothers and sisters or their children survive with the widow or widower, the latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half. (953, 837a)

Art. 1002. In case of a legal separation, if the surviving spouse gave cause for the separation, he or she shall not have any of the rights granted in the preceding articles. (n)

Property ownership and rights can be acquired by intestate succession, by donation, by law, by estate and even by tradition. If ownership and other real rights have been acquired through occupation, intellectual creation and prescription, it means that such an ownership is original. On the other hand, if ownership has been acquired by law, by donation, by intestate succession and by other consequences such as tradition, the ownership will be considered derivative. 

Original ownership means that the ownership has been created for the first time of an individual who does not have predecessor with respect to the title. Derivative ownership refers to the ownership where the property is transferred from one person to another. 

SECTION 1. – General Provisions

Art. 960. Legal or intestate succession takes place:

(1) If a person dies without a will, or with a void will, or one which has subsequently lost its validity;

(2) When the will does not institute an heir to, or dispose of all the property belonging to the testator. In such case, legal succession shall take place only with respect to the property of which the testator has not disposed;

(3) If the suspensive condition attached to the institution of heir does not happen or is not fulfilled, or if the heir dies before the testator, or repudiates the inheritance, there being no substitution, and no right of accretion takes place;

(4) When the heir instituted is incapable of succeeding, except in cases provided in this Code. (912a)

Art. 961. In default of testamentary heirs, the law vests the inheritance, in accordance with the rules hereinafter set forth, in the legitimate and illegitimate relatives of the deceased, in the surviving spouse, and in the State. (913a)

Art. 962. In every inheritance, the relative nearest in degree excludes the more distant ones, saving the right of representation when it properly takes place.

Relatives in the same degree shall inherit in equal shares, subject to the provisions of article 1006 with respect to relatives of the full and half blood, and of Article 987, paragraph 2, concerning division between the paternal and maternal lines. (912a)

SUBSECTION 1. – Relationship

Art. 963. Proximity of relationship is determined by the number of generations. Each generation forms a degree. (915)

Art. 964. A series of degrees forms a line, which may be either direct or collateral.

A direct line is that constituted by the series of degrees among ascendants and descendants.

A collateral line is that constituted by the series of degrees among persons who are not ascendants and descendants, but who come from a common ancestor. (916a)

SUBSECTION 2. – Right of Representation

Art. 970. Representation is a right created by fiction of law, by virtue of which the representative is raised to the place and the degree of the person represented, and acquires the rights which the latter would have if he were living or if he could have inherited. (942a)

SECTION 2. – Order of Intestate Succession

SUBSECTION 1. – Descending Direct Line

Art. 978. Succession pertains, in the first place, to the descending direct line. (930)

Art. 979. Legitimate children and their descendants succeed the parents and other ascendants, without distinction as to sex or age, and even if they should come from different marriages.

An adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child. (931a)

SUBSECTION 2. – Ascending Direct Line

Art. 985. In default of legitimate children and descendants of the deceased, his parents and ascendants shall inherit from him, to the exclusion of collateral relatives. (935a)

Art. 986. The father and mother, if living, shall inherit in equal shares.

Should one only of them survive, he or she shall succeed to the entire estate of the child. (936)

SUBSECTION 3. – Illegitimate Children

Art. 988. In the absence of legitimate descendants or ascendants, the illegitimate children shall succeed to the entire estate of the deceased. (939a)

Art. 989. If, together with illegitimate children, there should survive descendants of another illegitimate child who is dead, the former shall succeed in their own right and the latter by right of representation. (940a)

SUBSECTION 4. – Surviving Spouse

Art. 995. In the absence of legitimate descendants and ascendants, and illegitimate children and their descendants, whether legitimate or illegitimate, the surviving spouse shall inherit the entire estate, without prejudice to the rights of brothers and sisters, nephews and nieces, should there be any, under article 1001. (946a)

SUBSECTION 5. – Collateral Relatives

Art. 1003. If there are no descendants, ascendants, illegitimate children, or a surviving spouse, the collateral relatives shall succeed to the entire estate of the deceased in accordance with the following articles. (946a)

SUBSECTION 6. – The State

Art. 1011. In default of persons entitled to succeed in accordance with the provisions of the preceding Sections, the State shall inherit the whole estate. (956a)

Art. 1012. In order that the State may take possession of the property mentioned in the preceding article, the pertinent provisions of the Rules of Court must be observed. (958a)

A warrant of arrest has to meet the requisites according to the law to be considered valid. It should also be issued by a competent authority, who will also direct the arrest of an individual. The person arrested will be bound to answer for the offense committed. This rule can be found under Rule 112 of the Revised Rules of Criminal Procedure. 

The arresting officer must execute a warrant of arrest within 10 days from receipt. It should also be noted that the officer is required to make a report to the judge who issued a warrant and state the reason why the accused has not been arrested within 10 days after the expiration. 

When it comes to the validity of the warrant of arrest, it will be considered valid unless recalled or served. 

Section 5. When warrant of arrest may issue. — (a) By the Regional Trial Court. — Within 10 days from the filing of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence. He may immediately dismiss the case if the evidence on record clearly fails to establish probable cause. If he finds probable cause, he shall issue a warrant of arrest, or a commitment order if the accused has already been arrested pursuant to a warrant issued by the judge who conducted the preliminary investigation or when the complaint or information was filed pursuant to section 6 of this Rule. In case of doubt on the existence of probable cause, the judge may order the prosecutor to present additional evidence within five days from notice and the issue must be resolved by the court within 30 days from the filing of the complaint or information.

(b) By the Municipal Trial Court. When required pursuant to the second paragraph of section 1 of this Rule, the preliminary investigation of cases falling under the original jurisdiction of the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court may be conducted by the prosecutor. The procedure for the issuance of a warrant of arrest by the judge shall be governed by paragraph (a) of this section. (As amended by A.M. No. 05-8-26-SC.)

Lawful Warrantless Arrest

Even without a warrant of arrest, a peace officer can still arrest the accused if the following conditions are met:

(a) When a person is in hot pursuit;

(b) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;

(c) When an offense has in fact just been committed, and he has personal knowledge of facts indicating that the person to be arrested has committed it; and

(d) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

When you enter into an agreement, it means there is a meeting of minds which involves fulfilling the obligation to render service or give something. The law considers this agreement as a contract. However, there can be some confusions on the validity of a contract especially if it lacks notarization. Does this mean a contract becomes invalid if it was not notarized? 

It is important to note that a contract can be considered legally binding if it has been made with the consent of contracting parties. The elements of consent, cause and subject must also be present and with that said, contracts can either be verbal or written. 

Art. 1318. There is no contract unless the following requisites concur:

(1) Consent of the contracting parties;

(2) Object certain which is the subject matter of the contract;

(3) Cause of the obligation which is established. 

Notarization converts the contract into a public document hence, the following should appear in a public document under Article 1358 of the Civil Code. 

Art. 1358. The following must appear in a public document:

(1) Acts and contracts which have for their object the creation, transmission, modification or extinguishment of real rights over immovable property; sales of real property or of an interest therein a governed by Articles 1403, No. 2, and 1405;

(2) The cession, repudiation or renunciation of hereditary rights or of those of the conjugal partnership of gains;

(3) The power to administer property, or any other power which has for its object an act appearing or which should appear in a public document, or should prejudice a third person;

(4) The cession of actions or rights proceeding from an act appearing in a public document.

All other contracts where the amount involved exceeds five hundred pesos must appear in writing, even a private one. But sales of goods, chattels or things in action are governed by Articles, 1403, No. 2 and 1405. 

Even if it is a private contract, the contracts where the amount involved is more than five hundred pesos must be written with the exception of chattels, sales of goods and other things in action as they are governed by Articles 1403, no. 2 and 1405. A contract need not be notarized if it only involves a movable property. This means that a contract is still enforceable and valid if it has been proven that the requirement is indispensable and absolute. 

Most parents dream about providing the best education for their children, but there are circumstances that serve as a deterrent to fulfilling their dreams such as the lack of financial resources. Even from a legal perspective, a father is required to provide support to children, but this does not necessarily mean they are obliged to send them to best schools. While the law mandates parents to provide support for their children, it does not state that a child must be sent to a private upscale school. 

The Family Code of the Philippines provides an explanation about child support to gain a better understanding about this law. 

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

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

Art. 105. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article:

(1) The spouses;

(2) Legitimate ascendants and descendants;

(3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;

(4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and

(5) Legitimate brothers and sisters, whether of full or half-blood 

Art. 196. Brothers and sisters not legitimately related, whether of the full or half-blood, are likewise bound to support each other to the full extent set forth in Article 194, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant's fault or negligence. 

Art. 197. In case of legitimate ascendants; descendants, whether legitimate or illegitimate; and brothers and sisters, whether legitimately or illegitimately related, only the separate property of the person obliged to give support shall be answerable provided that in case the obligor has no separate property, the absolute community or the conjugal partnership, if financially capable, shall advance the support, which shall be deducted from the share of the spouse obliged upon the liquidation of the absolute community or of the conjugal partnership. (n)

Art. 198. During the proceedings for legal separation or for annulment of marriage, and for declaration of nullity of marriage, the spouses and their children shall be supported from the properties of the absolute community or the conjugal partnership. After the final judgment granting the petition, the obligation of mutual support between the spouses ceases. However, in case of legal separation, the court may order that the guilty spouse shall give support to the innocent one, specifying the terms of such order. 

Art. 199. Whenever two or more persons are obliged to give support, the liability shall devolve upon the following persons in the order herein provided:

(1) The spouse;

(2) The descendants in the nearest degree;

(3) The ascendants in the nearest degree; and

(4) The brothers and sisters. 

Art. 200. When the obligation to give support falls upon two or more persons, the payment of the same shall be divided between them in proportion to the resources of each.

However, in case of urgent need and by special circumstances, the judge may order only one of them to furnish the support provisionally, without prejudice to his right to claim from the other obligors the share due from them.

When two or more recipients at the same time claim support from one and the same person legally obliged to give it, should the latter not have sufficient means to satisfy all claims, the order established in the preceding article shall be followed, unless the concurrent obligees should be the spouse and a child subject to parental authority, in which case the child shall be preferred. 

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

For the construction of a house to run smoothly, it is important to follow the requirements according to the National Building Code. This means you need to make sure that proper electrical, technical and structural plans are met to avoid future problems that may deter you from pushing through with the construction process. Once officials find out that you failed to secure a permit prior to building your house, the construction will be stopped until you have secured your permit. 

1. When securing a building permit, you need start with preparing your requirements. You will also need to get a Requirements-Checklist and application forms. These can be secured your municipal's office. Your engineers and architects will fill out the forms. 

2. Once done, you need to submit the papers to the Office of the Building Official. They will instruct you to go to the Assessor's Office. You will need to submit each folder of each set of forms. Once your application is approved, you will be provided with an Order of Payment. The next step is to make a payment of the permit fees. 

3. The fees may vary depending on the size of the construction, the municipality location and even the assessment plan. More often than not, the fees in the provinces are much cheaper than in the cities. 

4. You will also need to have the Official Receipt photocopied and bring a copy to the releasing section of the Office of the Building Official. 

5. You will need to wait for 5 working days to claim your building permit from the Office of the Building Official.   

SECTION 1.02.03: Building permits  

(a) Any person, firm, or corporation, including any department, office, bureau, agency of instrumentality of the government intending to construct, alter, repair, move, convert or demolish any building or structure, or cause the same to be done, shall obtain a building permit from the Building Official for whichever of such work is proposed to be undertaken for the building or structure, before any such work is started. 

(b) Appropriate rules and regulations shall be set by the Secretary concerning: 

(1) Forms for application for building permits; 

(2) Procedures to be observed in securing such permits; 

(3) Procedures to be observed in the issuance, suspension, and revocation of such building permits; and 

(4) Type, nature, and scope of plans and specifications, and other requisite documents, which shall be prepared and designed by a licensed architect or engineer.   

(c) When authorized by the Building Official in accordance with the provisions of this Code, plans and specifications need not be submitted for the following:   

(1) Group A traditional indigenous type of dwelling construction costing not more than three thousand pesos (P3,000.00); and 

(2) Group J Division 1 Occupancy of Type 1 conventional wood frame construction or of the traditional indigenous type of construction costing not more than three thousand pesos (P3,000.00).  

(d) The applicant for a building permit for private buildings or structures after having complied with all the requirements prescribed therefor in accordance with the provisions of this Code, shall be issued a building permit within fifteen (15) days from the date of payment of the permit fee for Groups A and J Occupancies and within thirty (30) days from the date of payment of the permit fee for other Group Occupancies, unless the Building Official or his Deputy authorized to issue the permit shall inform the applicant in writing why the permit should not be issued, and shall indicate thereon the particular provisions of the Code violated by the applicant or the particular requirements not complied with. Within fifteen (15) days from the date of receipt by the applicant of advice from the Building Official or his Deputy authorized to issue the permit why the building permit should not be issued, or why the building permit is suspended or revoked, the applicant may appeal the non-issuance, suspension, or revocation thereof, to the Mayor of the chartered city or municipality, or the Governor of the province where the building or structure for which the permit is being applied for is located. Said appeal shall be decided within fifteen (15) days from receipt thereof, otherwise, the applicant may bring the matter to the proper Court of Justice for final disposition.   

(e) All public buildings shall conform to the provisions of this Code and the Building Official of the city or province where the public building is located shall issue the building permit therefor, stating in writing that such public building conforms to the requirements of the Code. For national public buildings, the Secretary of Public Works and Communications shall issue a certification that such a building conforms to the Code. Public buildings shall be exempt from payment of building permit, inspection, another fees. 

Sellers use various tactics to lure a prospect into buying their product. However, some sellers are going overboard in convincing a person to commit to buying the product. Deceptive sales violate consumer law. One of the examples of deceptive sales include approaching a prospect and making them believe they have won a prize. The sales clerk will tell you that your name has been randomly selected.

Upon discovering that you have won a prize, it is either you check out what those prizes are or doubts will cloud your thoughts knowing that you have not joined any raffle promo. If you decide to check out your "prizes" you may instantly burst your own bubble knowing that you have fallen prey to deceptive sales. This is because what you thought as the prize you had won was actually a marketing bait. This means that for you to get your prizes, you need to purchase an item from the seller first. There are even instances when the sellers or agents will ask you for your ATM card and its current balance. If this has happened to you, it is a clear violation of consumer law.

Regulation of Sales Acts and Practices

ARTICLE 50.  Prohibition Against Deceptive Sales Acts or Practices. — A deceptive act or practice by a seller or supplier in connection with a consumer transaction violates this Act whether it occurs before, during or after the transaction. An act or practice shall be deemed deceptive whenever the producer, manufacturer, supplier or seller, through concealment, false representation or fraudulent manipulation, induces a consumer to enter into a sales or lease transaction of any consumer product or service.  

Without limiting the scope of the above paragraph, the act or practice of a seller or supplier is deceptive when it represents that:

a) a consumer product or service has the sponsorship, approval, performance, characteristics, ingredients, accessories, uses, or benefits it does not have;

b) a consumer product or service is of a particular standard, quality, grade, style, or model when in fact it is not;

c) a consumer product is new, original or unused, when in fact, it is in a deteriorated, altered, reconditioned, reclaimed or second-hand state;

d) a consumer product or service is available to the consumer for a reason that is different from the fact;

e) a consumer product or service has been supplied in accordance with the previous representation when in fact it is not;

f)  a consumer product or service can be supplied in a quantity greater than the supplier intends;

g) a service, or repair of a consumer product is needed when in fact it is not;

h) a specific price advantage of a consumer product exists when in fact it does not;

i)  the sales act or practice involves or does not involve a warranty, a disclaimer of warranties, particular warranty terms or other rights, remedies or obligations if the indication is false; and

j)  the seller or supplier has a sponsorship, approval, or affiliation he does not have.

Purchasing a land is a wise investment if the transaction is smooth and hassle-free. What if your hard-earned money went down the drain upon discovering that the parcel of land you have purchased was also sold to another buyer? It even gets more complicated as you are no longer allowed to transfer the title of the property in your name because the other buyer already did so. What are the legal implications of these circumstances? It is clear that the property was sold to two buyers with different interests, hence there is a double sale. Article 1544 of the Civil Code states that:

If the same thing should have been sold to different vendees, the ownership shall be transferred to the person who may have first taken possession thereof in good faith, if it should be movable property.

Should it be immovable property, the ownership shall belong to the person acquiring it who in good faith first recorded it in the Registry of Property.

Should there be no inscription, the ownership shall pertain to the person who in good faith was first in possession; and, in the absence thereof, to the person who presents the oldest title, provided there is good faith.

In case of double sale the person who will be considered as the owner of the property will be based on the order of priority:

1. the first person to register the sale in good faith;
   
   
2. the first possessor in good faith;
   
   
3. the buyer who in good faith presents the oldest title.

There can be cases when you are the first possessor of the property, but the other claimant was the first registrant. While it may appear that the other claimant is the rightful owner of the property, you should take a few factors into consideration. As part of the aforementioned conditions, the person who registers the sale in good faith will be deemed as the property owner. In the event that the other claimant purchased the property even when he/she had full knowledge that it was previously sold to another buyer, the first buyer will be entitled to prove that he/she has a better right to own the property.

If the other claimant who has already registered the property proved that he/she is a registrant in good faith, then he/she has a better right to the property according to Article 1544 of the Civil Code. The seller has legal liability, which gives you the authority to file chargers and demand contract rescission with damages.

Marriage can go sour when there is no communication and this can lead to separation. While no formal closure has taken place, either party may presume that the marriage is over due to long separation. Both parties may even decide to enter into a new relationship after all, everyone has already moved on. However, the fact that marriage has not been nullified still deters both parties from pursuing plans on getting married. Now, if a man decides to take the relationship with the new found love to the next level, the previous marriage needs to be nullified, otherwise, he will be charged of a crime of bigamy.

What are the elements of bigamy?

According to Article 349 of the Revised Penal Code of the Philippines, a person can be criminally responsible for the crime of bigamy if: the offender is legally married; the marriage has not been nullified; or the absent spouse could not yet be presumed dead based on the Civil Code. Bigamy takes place when a second marriage is contracted and has met the essential requisites of a valid marriage.

Under Article 349 of the Revised Penal Code, the elements of the crime of Bigamy are:

(1) that the offender has been legally married;

(2) that the first marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the Civil Code;

(3) that he contracts a second or subsequent marriage; and

(4) that the second or subsequent marriage has all the essential requisites for validity.

Does signing a marriage contract automatically hold a man criminally responsible? The subsequent marriage will only be considered valid if it meets the requisites of a valid marriage. This means that the consent must be freely given by both parties in the presence of the solemnizing officer. The solemnizing officer should also have the authority to solemnize the marriage. Without a valid marriage license, the contract of marriage will not take place and the crime of bigamy will not prosper in court.

ART. 53. No marriage shall be solemnized unless all these requisites are complied with:

(1) Legal capacity of the contracting parties;

(2) Their consent, freely given;

(3) Authority of the person performing the marriage; and

(4) A marriage license, except in a marriage of exceptional character.