As a consumer you have the right to: safety, basic needs, information, representation, redress, consumer education, choose and healthy environment. Making informed buying decisions will ensure that you are getting the right products and services. If you want to make an online purchase, the first thing you need to check is the DTI sales promotion permit of the online store. It is not enough that you read reviews or feedback from previous buyers because you also need protection against online scams. While you may not have the luxury of time to check the items you are purchasing, it still pays to get some essential information such as the product’s expiry date, brand name, name and address of the manufacturer and English or Filipino translation if the labels are written in other languages. Perhaps you are already familiar with the ‘No Return, No Exchange’ policy and if ever you bought a defective product, you should insist on replacing or refunding the item.

Republic Act No. 7394 or the Consumer Act of the Philippines provides detailed information about consumer rights and practices.

“ARTICLE 5. Declaration of Policy. — It shall be the duty of the State:

a) to develop and provide safety and quality standards for consumer products, including performance or use-oriented standards, codes of practice and methods of tests;
b) to assist the consumer in evaluating the quality, including safety, performance and comparative utility of consumer products;
c) to protect the public against unreasonable risks of injury associated with consumer products;
d)to undertake research on quality improvement of products and investigation into causes and prevention of product related deaths, illness and injuries;
e) to assure the public of the consistency of standardized products.
ARTICLE 6.  Implementing Agencies. — The provisions of this Article and its implementing rules and regulations shall be enforced by:
a)   the Department of Health with respect to food, drugs, cosmetics, devices and substances;
b)   the Department of Agriculture with respect to products related to agriculture, and;
c)   the Department of Trade and Industry with respect to other consumer products not specified above.

ARTICLE 7.   Promulgation and Adoption of Consumer Product Standards. — The concerned department shall establish consumer product quality and safety standards which shall consist of one or more of the following:

a)    requirements as to performance, composition, contents, design, construction, finish, packaging of a consumer product;
b)    requirements as to kind, class, grade, dimensions, weights, material;
c)  requirements as to the methods of sampling, tests and codes used to check the quality of the product;
d)  requirements as to precautions in storage, transporting and packaging;
e)  requirements that a consumer product be marked with or accompanied by clear and adequate safety warnings or instructions, or requirements respecting the form of warnings or instructions.

For this purpose, the concerned department shall adopt existing government domestic product quality and safety standards: Provided, That in the absence of such standards, the concerned department shall form specialized technical committees composed of equal number of representatives from each of the Government, business and consumer sectors to formulate, develop and purpose consumer product quality and safety standards. The said technical committees shall consult with the private sector, which may, motu proprio, develop its own quality and safety standards that shall be subject to review and approval of the concerned government agency or agencies after public hearings have been conducted for that purpose; and shall likewise consider existing international standards recognized by the Philippine Government.

ARTICLE 8.   Publication of Consumer Product Standards. — The concerned department shall, upon promulgation of the above standards, publish or cause the publication of the same in two (2) newspapers of general circulation at least once a week for a period of not less than one (1) month. It may likewise conduct an information campaign through other means deemed effective to ensure the proper guidance of consumers, businesses, industries and other sectors concerned.”

Getting married in the Philippines need not be complicated if you know the basic requirements and procedures. Whether it is a civil or church wedding, you need to make ample preparations so your wedding goes as planned. Applying for a marriage license is the first step you need to take as this is the most important document for civil or church wedding. The purpose of a marriage license is to verify your eligibility for marriage.  As much as possible, you should prepare both original and photocopy of the document.

You can claim your marriage license once you have completed the requirements. You will need to present the Certificates of Attendant to the LCR office where you have applied for your license. It is recommended that you file the registration within 15 days from the date of wedding celebration. The license will be released after 10 days from the date of application. The license will be considered valid for 120 days from the date of issue.

Requirements for securing a marriage license:

•    Community Tax Certificate (Cedula)
•    Application Form
•    NSO Authenticated birth certificate
•    Certificate of No Marriage
•    Recent 1x1 Photo
•    Affidavit of parental advice ( for groom or bride 22-25 years old )
•    Affidavit of parental consent (for groom or bride 18-21 years old)

Death certificate of the deceased spouse will be required from a widow or widower, while a certificate of legal capacity issued by the embassy will be required from a foreigner or an applicant who is not a Filipino citizen.

The marriage contract or license can be obtained from the Local Civil Registrar (LCR) office of the Municipal’s Office where the wedding will be held. The application form must be filled out with the necessary information. There are sections intended for groom and bride and after filling out the form, be sure to check the information before submitting the paper. You will be asked to attend seminars before getting married. These seminars are pre-marriage counselling and family planning and responsible parenthood seminar.  Both parties must attend the seminars.

Church wedding requirements:

•    marriage license,
•    baptismal and confirmation certificates
•    copy of NSO birth certificate
•    marriage preparation seminar
•    canonical interview
•    marriage banns
•     list of principal sponsors and entourage members
•     Confession

Civil wedding requirements:

•    Certified true copy of baptismal certificate or birth certificate of both parties
•    Marriage license
•    Community tax certificates
•    1 x 1 photo of each applicant
•    Certificate of attendance to a wedding seminar
•    Letter of intent to marry

Additional information about marriage can be found in Family Code of the Philippines:

“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.

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.

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.

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.

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.”

Disagreements between tenants and landlords are very common in the Philippines. This is why both parties are encouraged to negotiate rent before signing a contract.  While the Rental Reform Act of 2002, which has already expired in 2004 protects the rights of landlords, the law also provides heaps of information to tenants to prevent conflicts especially in terms of payment. While the landlord and tenant can negotiate any deposit they want, it is still necessary for both parties to fulfill the agreements or obligations on the contract. A tenant who enters into a lease contract is usually required to deposit worth 2 to 3 months’ rent. After the end of the tenancy, the deposit is returned one month, but the repairs and unpaid bills will be deducted.

Generally, landlords require one month’s advance rental and two months’ deposit. The deposit is often referred to as security deposit because it will be used for paying the rent for the last month of the occupancy. In most cases, landlords are the ones who will shoulder unpaid bills and repairs.

Duration of Contract and Eviction

If the tenant is still occupying the property 15 days after the lease contract has expired, and no notice has been given by either the landlord or the tenant, it is an implication that the contract has been renewed. Lease contracts can either be oral or written. The landlord has the right to eject a tenant due to the following reasons:

•    Subleasing the unit without the landlord’s written consent;
•    Non-payment of rent for three months;
•    Landlord needs property for personal use;
•    Landlord needs to make necessary repairs, but may notify ejected tenant if still interested in renting the same unit.

The lease agreement can be terminated by the tenant at any time and may also withhold rent payments if the landlord has not made any necessary repairs. A notice of 15 days will be given to the tenants if the unit is condemned for demolition. A case must be filed in court for tenant eviction and within 10 days, the landlord can apply for a permit to reclaim the property. Within 30 days, the court makes a decision and order the Court Sheriff to assist the landlord in claiming the property.

If there are problems regarding tenancy agreement, barangay tribunals are the ones who mediate in such problems. However, unresolved landlord-tenant problems are taken to court, but this can be a long and expensive process. A landlord often applies pressure by influencing the police in evicting a tenant.

Children are the ones who suffer the consequences when conflicts between their parents are irreparable. Without a doubt, bad blood exists between estranged spouses especially if one of them chooses to abandon the children. While settling differences between the husband and the wife is no longer a cause for concern, child custody and support are often the contested issues that require attention. If the husband has not fulfilled his obligations to give support, can the estranged wife demand support?

Under Article 203 of the Family Code, the obligation to provide support becomes demandable from the time the individual who has a right to receive support needs it for maintenance. However, it cannot be paid except from the date of judicial or extra-judicial demand.

The person obliged to give support must fulfill the obligation either by paying the allowance fixed or by maintaining or receiving in the family dwelling the person who has a right to receive support. However, the second option may not be considered due to moral or legal obstacle. Republic Act 8972 or the Solo Parents Welfare Act of 2000 and Republic Act 9262 or the Anti-Violence Against Women and their Children Act of 2004 are laws which provide assistance to women abandoned by their live-in partners or husband.

Republic Act 8972

“Section 4. Criteria for Support. - Any solo parent whose income in the place of domicile falls below the poverty threshold as set by the National Economic and Development Authority (NEDA) and subject to the assessment of the DSWD worker in the area shall be eligible for assistance: Provided, however, That any solo parent whose income is above the poverty threshold shall enjoy the benefits mentioned in Sections 6, 7 and 8 of this Act.

Section 5. Comprehensive Package of Social Development and Welfare Services. - A comprehensive package of social development and welfare services for solo parents and their families will be developed by the DSWD, DOH, DECS, CHED, TESDA, DOLE, NHA and DILG, in coordination with local government units and a nongovernmental organization with proven track record in providing services for solo parents.

The DSWD shall coordinate with concerned agencies the implementation of the comprehensive package of social development and welfare services for solo parents and their families. The package will initially include:

(a) Livelihood development services which include trainings on livelihood skills, basic business management, value orientation and the provision of seed capital or job placement.

(b) Counseling services which include individual, peer group or family counseling. This will focus on the resolution of personal relationship and role conflicts.

(c) Parent effectiveness services which include the provision and expansion of knowledge and skills of the solo parent on early childhood development, behavior management, health care, rights and duties of parents and children.

(d) Critical incidence stress debriefing which includes preventive stress management strategy designed to assist solo parents in coping with crisis situations and cases of abuse.

(e) Special projects for individuals in need of protection which include temporary shelter, counseling, legal assistance, medical care, self-concept or ego-building, crisis management and spiritual enrichment.”

What happens when the husband refuses to give support?

Section 8 of Republic Act 9262 states, “Directing the respondent to provide support to the woman and/or her child if entitled to legal support. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or salary of the respondent to be withheld regularly by the respondent's employer for the same to be automatically remitted directly to the woman. Failure to remit and/or withhold or any delay in the remittance of support to the woman and/or her child without justifiable cause shall render the respondent or his employer liable for indirect contempt of court;”

Applying for government-issued ID or processing documents often require an applicant to secure essential requirements such as the birth certificate. However, a problem with your birth certificate can lengthen the process and may even deter you from having a smooth and hassle-free transaction. If you do not have an idea how to go about correcting errors, you will surely find the process daunting. One of the common problems that you may encounter is a missing first name on your birth certificate. In this case, you need to file a supplemental report to supply the missing entry.

Aside from the owner of the record, the following individuals are also allowed to file:

•    Owner’s spouse
•    Children
•    Brothers
•    Parents
•    Sisters
•    Grandparents
•    Guardian
•    Other person duly authorized by law or by the owner of the document sought to be corrected;
•    In the event that the owner of the record is a minor or mentally or physically incapacitated, the spouse, or any of his parents, children, brothers; sisters; grandparents, guardians or duly authorized by law must file a petition.

The supplemental report shall be filed with the local civil registry office of the municipality or city where the birth is registered if born in the Philippines. If born abroad, the supplemental report shall be filed with the Philippine Consulate where the birth was report. However, if the person born abroad is already in the Philippines, the supporting documents required for filing a supplemental report must be coursed through the Department of Foreign Affairs, Office of Consular Affairs.

The missing entry will be supplied through an affidavit indicating the entry missed in the registration and the reasons there was a failure in supplying the required entry. It may also be necessary to supply any supporting documents that will show the first name of the child.

If the first name is misspelled in the birth certificate, it should be corrected by filing a petition to correct the clerical error under the provisions of Republic Act 9048. Filing a petition for wrongly spelled first name is almost the same as the process of supplying the missing first name except that the applicant must secure some supporting documents such as the certified machine copy of the birth record which contains the entry to be corrected, certificate of posting, not less than two private or public documents, filing fee and other documents which the civil registrar may require you to supply.  You can also visit the official website of Philippine Statistics Authority for additional solutions to your problems with your birth certificate.

Before an employer dismisses an employee, the due process must be properly observed regardless of the ground for termination. The reason for termination may be due serious misconduct, redundancy, cessation business and others. Employers must take the components of procedural due process to prevent any violation of the labor code. In a termination for just cause, the two-notice rule must be observed. The employee will be given a chance to explain his or her side through a notice of intent to dismiss where the ground for termination is specified. The employee will have the opportunity to respond to the charge during a hearing or conference. The evidence will also be presented against the employee. All the circumstances will be taken into consideration and when grounds have been established to justify termination, a notice of dismissal will be served to the employee. On the other hand, a written notice of dismissal to the employee which specifies the grounds at least 30 days before the termination date will be served for cases of termination for an authorized cause.

Termination of employment Under presidential decree No. 442

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

(a) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;

(b) Gross and habitual neglect by the employee of his duties;

(c) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;

(d) 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

(e) Other causes analogous to the foregoing.

ART. 283. Closure of establishment and reduction of personnel. - The employer may also terminate the employment of any employee due to the installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this Title, by serving a written notice on the workers and the Ministry of Labor and Employment at least one (1) month before the intended date thereof. In case of termination due to the installation of labor-saving devices or redundancy, the worker affected thereby shall be entitled to a separation pay equivalent to at least his one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.

ART. 284. Disease as ground for termination. - An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.

ART. 285. Termination by employee. - (a) 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.

(b) 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.

ART. 286. When employment not deemed terminated. - The bona-fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic duty shall not terminate employment. In all such cases, the employer shall reinstate the employee to his former position without loss of seniority rights if he indicates his desire to resume his work not later than one (1) month from the resumption of operations of his employer or from his relief from the military or civic duty.”

There are instances when we demand for money or another condition, but when these demands are not fulfilled, there is a tendency for the person who made a demand to pose a threat out of frustration. To some, it may just be a way of reminding the person to fulfil the demands, but if such threats have already disturbed the peace of mind of an individual, even if the person who made the demand intended no harm, this can still be considered as a crime against security. Threats and coercion have a broad spectrum, but one thing is for sure, a declaration to harm a person in the throes of anger can still be considered as a form of threat.  

“Article 282. Grave threats. - Any person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime, shall suffer:

1. The penalty next lower in degree than that prescribed by law for the crime be threatened to commit, if the offender shall have made the threat demanding money or imposing any other condition, even though not unlawful, and said offender shall have attained his purpose. If the offender shall not have attained his purpose, the penalty lower by two degrees shall be imposed.

If the threat be made in writing or through a middleman, the penalty shall be imposed in its maximum period.

2. The penalty of arresto mayor and a fine not exceeding 500 pesos, if the threat shall not have been made subject to a condition.
Article 283. Light threats. - Any threat to commit a wrong not constituting a crime, made in the manner expressed in subdivision 1 of the next preceding article, shall be punished by arresto mayor.

Article 284. Bond for good behavior. - In all cases falling within the two next preceding articles, the person making the threats may also be required to give bail not to molest the person threatened, or if he shall fail to give such bail, he shall be sentenced to destierro.

Article 285. Other light threats. - The penalty of arresto menor in its minimum period or a fine not exceeding 200 pesos shall be imposed upon:

1. Any person who, without being included in the provisions of the next preceding article, shall threaten another with a weapon or draw such weapon in a quarrel, unless it be in lawful self-defense.

2. Any person who, in the heat of anger, shall orally threaten another with some harm not constituting a crime, and who by subsequent acts show that he did not persist in the idea involved in his threat, provided that the circumstances of the offense shall not bring it within the provisions of Article 282 of this Code.

3. Any person who shall orally threaten to do another any harm not constituting a felony.

Article 286. Grave coercions. - The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who, without authority of law, shall, by means of violence, prevent another from doing something not prohibited by law, or compel him to do something against his will, whether it be right or wrong.

If the coercion be committed for the purpose of compelling another to perform any religious act or to prevent him from so doing, the penalty next higher in degree shall be imposed.

Article 287. Light coercions. - Any person who, by means of violence, shall seize anything belonging to his debtor for the purpose of applying the same to the payment of the debt, shall suffer the penalty of arresto mayor in its minimum period and a fine equivalent to the value of the thing, but in no case less than 75 pesos.

Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging from 5 pesos to 200 pesos, or both.

Article 288. Other similar coercions; (Compulsory purchase of merchandise and payment of wages by means of tokens.) - The penalty of arresto mayor or a fine ranging from 200 to 500 pesos, or both, shall be imposed upon any person, agent or officer, of any association or corporation who shall force or compel, directly or indirectly, or shall knowingly permit any laborer or employee employed by him or by such firm or corporation to be forced or compelled, to purchase merchandise or commodities of any kind.

The same penalties shall be imposed upon any person who shall pay the wages due a laborer or employee employed by him, by means of tokens or objects other than the legal tender currency of the laborer or employee.”

Living in a conservative country such as the Philippines feels as though you are walking on eggshells as you need to be very careful with your actions. For instance, making a physical contact would mean an innocuous gesture to some, but a serious offense to others. It may seem very subjective, but the crime of acts of lasciviousness is already a serious mater and this is when touching means something. However, many choose to keep silent because in a country where sex is a taboo topic, some victims are the ones being blamed for the crime committed. Like rape, acts of lasciviousness can be very traumatic to the hapless victim and it is not just about sex but taking advantage of the victim’s weakness. So what exactly are acts of lasciviousness?

As defined in the Republic Act No. 7610, “Lascivious conduct” means the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the genitalia, anus or mouth, of any person, whether of the same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or public area of a person.”

Elements of the Crime of Acts of Lasciviousness

“1. The accused commits the act of sexual intercourse or lascivious conduct.

2. The said act is performed with a child exploited in prostitution or subjected to sexual abuse.

3. The child, whether male or female, is below 18 years of age.”

Attempted Rape Versus Acts Of Lasciviousness

"Like rape, the acts of lasciviousness are committed by intimidation or force, grave abuse of authority or fraudulent machinations. The victim is deprived of reason, unconscious, demented or under 12 years of age. The offended party in both rape and acts of lasciviousness can be a person of either sex.

However, the act will be considered as an attempted or frustrated rape if the offender clearly demonstrated that his purpose for performing the act is to lie with the offended woman. Lascivious acts are deemed preparatory acts in case of attempted rape. On the other hand, acts of lasciviousness are considered as the offender’s final objective. If the offender does not intend to have sexual intercourse, it will not be considered to be attempted rape. "

If the victim is under 12, it is child abuse under Republic Act No. 7610 and the penalty is one degree higher. Under Art. 339, acts of lasciviousness with the offended party’s consent are committed against a female under circumstance of seduction. Under Art. 336 Acts of lasciviousness are committed against a male or a female under the circumstance of rape.

Social networks have been considered a boon of everyone’s existence as they provide an electronic avenue for expressions and a way to connect with friends and loved ones. Facebook in particular has billions of users and because of its powerful impact, anyone can be exposed to cybercrimes. A private individual can become an instant celebrity if another person recognizes either his good or bad deed, thanks to your mobile phone’s ability to capture the pleasant and not-so-pleasant moments. Due to Facebook’s vast reach, it is easy to build or destroy one’s reputation at the drop of a hat. Sadly, exercising your right to free speech often blurs the line between expression and imputation. Is there such a thing as Facebook etiquette? Do we really have to exercise our freedom of speech regardless of the consequences?

Libeling a public official versus libeling a private individual

Mudslinging has been part of the country’s political culture and when the public officials or public figures have been dragged into shame, most of them will cry foul and resort to filing a libel case to the person behind the malicious statement. However, before a public official can file a case, the libel needs to hold water. The burden of proof will definitely lie with the offended party as he needs to prove that there is indeed a “higher standard of actual malice”. If the offended party is a private individual, the burden of proof is with the accused. This means the accused needs to prove that he has justifiable reason for the defamatory statement even if there is truth to it.

Although truth can be used as a defense, it does not necessarily exempt the accused from the crime of libel. The Supreme Court requires the accused to show “good motives and justifiable ends” for truth to become a valid defense.  For libel committed online, the author of the offending article will be held liable. When a libelous statement is posted on Facebook, the acts of liking, sharing or commenting do not fall under cyber libel. Does that mean an individual can share a libelous post without facing any legal consequences? It is interesting to note that sharing a post and creating a new story to support the statement of the original post can still hold a person liable. For instance, the original author posts “ John is a wife beater” and another person shares the post with a new story that says “he is also a murderer”, this can be considered as another libelous statement despite the fact that he was not the original author.

Aside from libel, there are other ways a person can get sued on Facebook:

•    Copyright Infringement-when a copyrighted material is posted by others without permission from the original author, the individual who posted the content can be liable for copyright infringement.  It is considered an infringement even if it was only shared with a few Facebook friends.

•    Privacy-posting private information of others such as photos can be considered a violation especially when such posts have enabled others to tag or share.

•    Harassment-when someone behaves in a manner that is deemed threatening or intrusive, the person can be sued for harassment. Facebook is a viable platform for harassment and if a person breaks into another person’s account and pretends as the real account user, this act can pass itself off as Facebook harassment.  Unfortunately, harassment can be subjective as one person may believe he has been harassed and another might not.

•    Breach of Contract-although this violation has a very broad area, an individual who talks about work on Facebook even if he has agreed to company rules and regulations may also be liable for breaching the contract.

What are the nature and effects of a contract? Does it necessarily have to be written to support legal disputes in the event one of the agreements has not been performed by the contracting parties? A contract is simply a meeting of minds between two persons. A contract can either be implicitly done or expressly made. Once both parties have entered into an agreement, it is imperative that both are bound to an obligation to fulfil the conditions stipulated on the contract. While a written contract is a concrete evidence of the agreement made by two parties, the real challenge begins with express contracts.

Nature and Effect of Obligations

“ARTICLE 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. (1094a)

ARTICLE 1164. The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him. (1095)

ARTICLE 1165. When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by article 1170, may compel the debtor to make the delivery.

If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor.

If the obligor delays, or has promised to deliver the same thing to two or more persons who do not have the same interest, he shall be responsible for any fortuitous event until he has effected the delivery. (1096)

ARTICLE 1166. The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned. (1097a)

ARTICLE 1167. If a person obliged to do something fails to do it, the same shall be executed at his cost.
This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly done be undone. (1098)

ARTICLE 1168. When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. (1099a)

ARTICLE 1169. Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation.

However, the demand by the creditor shall not be necessary in order that delay may exist:

(1) When the obligation or the law expressly so declare; or

(2) When from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract; or

(3) When demand would be useless, as when the obligor has rendered it beyond his power to perform.

In reciprocal obligations, neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. From the moment one of the parties fulfills his obligation, delay by the other begins. (1100a)

ARTICLE 1170. Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages. (1101)

ARTICLE 1171. Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void. (1102a)

ARTICLE 1172. Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to the circumstances. (1103)

ARTICLE 1173. The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place. When negligence shows bad faith, the provisions of articles 1171 and 2201, paragraph 2, shall apply.

If the law or contract does not state the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. (1104a)

ARTICLE 1174. Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of risk, no person shall be responsible for those events which could not be foreseen, or which, though foreseen, were inevitable. (1105a)

ARTICLE 1175. Usurious transactions shall be governed by special laws. (n)

ARTICLE 1176. The receipt of the principal by the creditor without reservation with respect to the interest, shall give rise to the presumption that said interest has been paid.

The receipt of a later installment of a debt without reservation as to prior installments, shall likewise raise the presumption that such installments have been paid. (1110a)

ARTICLE 1177. The creditors, after having pursued the property in possession of the debtor to satisfy their claims, may exercise all the rights and bring all the actions of the latter for the same purpose, save those which are inherent in his person; they may also impugn the acts which the debtor may have done to defraud them. (1111)

ARTICLE 1178. Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary. (1112)”

Regardless of our emotional state, our actions speak volumes. In the throes of anger, non-verbal cues can be considered to be an expression, but when you go overboard and carry your anger to extremes, you can be held liable for a crime of slander by deed. There is completely nothing wrong with expressing one’s emotional state so long as the actions are not aimed at someone. Slander by deed may seem like a new legal concept as oral defamation is commonly used to describe an individual who has spoken defamatory words which can affect another person’s reputation. What if a person pokes a dirty finger at another person, can the act be deemed as slander by deed?

As defined in Art. 359, “Slander by deed. — The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 1,000 pesos shall be imposed upon any person who shall perform any act not included and punished in this title, which shall cast dishonor, discredit or contempt upon another person. If said act is not of a serious nature, the penalty shall be arresto menor or a fine not exceeding 200 pesos.”

A person cannot be considered guilty of committing slander by deed without taking the nature of the complaint into consideration. If there was provocation on the part of the complainant, slander by deed has a lesser magnitude. Pointing a dirty finger is not held to be libelous. It is considered as a common expression used for expressing displeasure, turmoil, discontentment or anger. However, a person may be found guilty of grave oral defamation or slander by deed if the complainant did not contribute to the offender’s anger.

“Art. 361. Proof of the truth. — In every criminal prosecution for libel, the truth may be given in evidence to the court and if it appears that the matter charged as libelous is true, and, moreover, that it was published with good motives and for justifiable ends, the defendants shall be acquitted.
Proof of the truth of an imputation of an act or omission not constituting a crime shall not be admitted, unless the imputation shall have been made against Government employees with respect to facts related to the discharge of their official duties.
In such cases if the defendant proves the truth of the imputation made by him, he shall be acquitted.

Art. 362. Libelous remarks. — Libelous remarks or comments connected with the matter privileged under the provisions of Article 354, if made with malice, shall not exempt the author thereof nor the editor or managing editor of a newspaper from criminal liability.”

History has already proven the existence of capital punishment. People have mixed reactions and opinions regarding death penalty. Some consider death penalty to be a way to curb crimes while others are sceptical with the idea especially as the fact remains that the law still appears toothless. During the pre-Spanish era, Filipinos have already practiced the death penalty. However, it was only an infrequent practice limited to flogging, fines and slavery. The most common form of death sentence at the time was hanging and decapitation. Prior to abolishing death penalty, the Philippines had the world’s largest death row population.

Although the Pangilinan Law puts an exemption to minors who commit crimes with impunity, there was a time when the country could legally execute a minor. This is due to the belief that minors were considered adults at the time. The minor offender who earned death sentence was Marcial “Baby” Ama who was only 16 years old when he was sentenced to death via electric chair. The legal ages for men and women at the time were 16 and 14 respectively.

The death penalty was abolished during former President Corazon Aquino’s administration and restored in 1993 during the Ramos administration. Under Republic Act No. 7659, there are 46 crimes considered to be punishable by death. The death sentence would be carried out through lethal injection. In 1998, Leo Echegaray was executed for raping his step daughter. The execution was followed by six executions for heinous crimes. Death penalty was abolished by the Arroyo administration in 2001.

Death penalty was on hiatus for more than two decades and presumptive President Rodrigo Duterte considers re-imposing it. The restoration of death penalty has sparked endless debates especially when it comes to improving judicial system.

"Art. 81. When and how the death penalty is to be executed. -  The death sentence shall be executed with preference to any other and shall consist in putting the person under sentence to death by electrocution.  The death sentence shall be executed under the authority of the Director of Prisons, endeavoring so far as possible to mitigate the sufferings of the person under the sentence during electrocution as well as during the proceedings prior to the execution.

 "If the person under sentence so desires, he shall be anaesthesized at the moment of the execution.

"As soon as facilities are provided by the Bureau of Prisons, the method of carrying out the sentence shall be changed to gas poisoning.

"The death sentence shall be carried out not later than one (1) year after the judgment has become final."

Sec. 25. Article 83 of the same Code is hereby amended to read as follows:

"Art. 83. Suspension of the execution of the death sentence. -  The death sentence shall not be inflicted upon a woman while she is pregnant or within one (1) year after delivery, nor upon any person over seventy years of age.  In this last case, the death sentence shall be commuted to the penalty of reclusion perpetua with the accessory penalties provided in Article 40.

 "In all cases where the death sentence has become final, the records of the case shall be forwarded immediately by the Supreme Court to the Office of the President for possible exercise of the pardoning power."

Sec. 26. All laws, presidential decrees and issuances, executive orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Sec. 27. If, for any reason or reasons, any part of the provision of this Act shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

It is every hardworking Filipino’s dream to own a home. However, there are instances when their hard-earned money goes to waste because of falling victim to real estate scams. While buyers are hoping to provide a decent shelter that their families can roost in, there are people who are after their money. The good news is, buyers can still avoid these scams. Here are some of the common real estate scams that buyers need to avoid.

1.    Double Sale

Double sale of property refers to selling one property to two different people. This scam happens when the first buyer has not registered and transferred the title to their name. The owner will take advantage of the situation by reselling the property. As a result, both buyers will hold the same title under their own names.

2.    Insufficient Disclosure

Real estate agents or developers intentionally provide incomplete information to the prospective buyer. With this scam, the developer may appear to have an attractive offer but due to the insufficient information, prospects will think twice in committing to buying the property.  However, there are buyers who still fall prey to this scam and suffer from hidden charges, title complications and unsatisfactory structural facts.

3.    Fake Agents

Real estate agent posers will use the Internet to trick buyers into believing that they are selling affordable properties. More often than not, fake agents will create a website where listings are copied from a legitimate site. They will provide believable information to prospects and once buyers agree to paying the initial deposit, these fake agents will mysteriously disappear.

4.    Property Title Fraud

Everybody wants to get a great value for money and an agent that offers an affordable property will surely be appealing to prospects. Unfortunately, these affordable properties are non-existent. Once the security deposit is given to the fake agents, buyers will get fake property title in return.

How to avoid real estate scams?

•    Be sure that the developer or agent has a license to sell. This can be verified through Housing and Land Use Regulatory Board.

•    Ask the agent to visit the project site and the materials used to build the property.

•    Never attempt to sign blank Contract to Sell forms.

•    If still in doubt, consult a trusted lawyer to help you with accomplishing paperwork and signing any contract.

•    Purchase a property from a reputable developer with solid history of delivering properties in a timely manner and without compromising on quality.

•    For developers financing through Pag-Ibig Fund, buyers can verify if the property has been mortgaged with the Fund.

•    The buyer can also verify authenticity of the land title with the Register of Deeds.

•    It is safe to enter into a contract if the project already has a License to Sell.

•    Engage services of a licensed broker especially for pre selling projects.

•    Ask for official receipts when dealing with the owner or developer.

When you are faced with financial difficulties and you have already exhausted all of your financial resources, the next step you are going to take is to turn to lending companies. When it comes to taking out a loan, the process can be long, tedious and stressful. You do not get the money right off the bat as you have to secure essential documents. Once you have complied with the requirements, you have to wait for the final verdict and the effort will pay off if your loan application has been approved. However, you need to start from scratch if your loan application has been declined. While it is not easy to get the approval of legitimate lending company, resorting to loan sharks (5-6) that leave you with no choice but to agree to excessive interest rates is not going to be a good option either.

Although micro financing has already extended a “helping hand” to people who are in need of instant cash, the thought of shouldering 20% interest is way too much. Due to the fact that not all businesses or small entrepreneurs earn reasonable income, a huge chunk of their money is intended for paying the loan’s interest. Even if the borrowers have the right to file charges due to unconscionable interest rates, they still decide to accept the situation.  One of the requirements for getting an approval for your bank loan applications is by building your credibility. It might seem like a simple step but it will not be difficult for banks to approve your loan application if you have the ability to pay them. What better way to start building your credibility than opening your own savings account.

It also pays off to be keen on selecting the lending company you should put your trust in. Just because you need extra spending money does not necessarily mean you should continue to tread upon an unfamiliar territory without arming yourself with information. You can drown yourself in a cesspool of debt if you just allow yourself to be tricked into believing that these financial trolls are indeed your “savior” in times of need. As for lending companies, RA 9474 or Lending Company Regulation Act of 2007 provides information on the minimum requirements and standards they need to comply with.

“SEC. 6. Citizenship Requirements. - Upon the effectivity of this Act, at least a majority of the voting capital stock shall be owned by citizens of the Philippines.

The percentage of foreign-owned voting stock in any lending company existing prior to the effectivity of this Act, if such percentage is in excess of forty-nine percent (49%) of the voting stock, shall not be increased but may be reduced and, once reduced, shall not be increased thereafter beyond forty-nine percent (49%) of the voting stock of the lending company. The percentage of foreign-owned voting stocks in any lending company shall be determined by the citizenship of the individual stockholders. In the case of corporations owning shares in a lending company, the citizenship of the individual owners of voting stock in such corporations shall be the basis in the computation of the percentage.

No foreign national may be allowed to own stock unless the country of which he is a national accords reciprocal rights to Filipinos.

SEC. 7. Amount and Charges on Loans. - A lending company may grant loans in such amounts and reasonable interest rates and charges as may be agreed upon between the lending company and the debtor: Provided, That the agreement shall be in compliance with the provisions of Republic Act No. 3765, otherwise known as the "Truth in Lending Act" and Republic Act 7394, otherwise known as the "Consumer Act of the Philippines": Provided, further, That the Monetary Board, in consultation with the SEC and the industry, may prescribe such interest rate as may be warranted by prevailing economic and social conditions.

SEC. 8. Maintenance of Books of Accounts and Records. - Every lending company shall maintain books of accounts and records as may be required by the SEC and prescribed by the Bureau of Internal Revenue and other government agencies. In case a lending company engages in other businesses, it shall maintain separate books of accounts for these businesses.

The Manual of Accounts prescribed by the BSP for lending investors shall continue to be adopted by lending companies for uniform recording and reporting of their operations, until a new Manual of Accounts shall have been prescribed by the SEC.

It shall issue the appropriate instruments and documents to the parties concerned to evidence its lending and borrowing transactions.”

Although we try to leave a peaceful and trouble-free life as much as possible, there are times when we reach our boiling point causing us to explode at the slightest provocation. When you go overboard and cross lines, it is easy to use self-defense as an excuse for losing your temper. However, there is a law that corresponds to such violations. Whether it is a simple argument or suppressed anger and hate between parties, there is a consequence for the person who has inflicted physical pain to another person.

We may already be familiar with serious physical injuries, but how serious is serious? Is there supporting and tangible evidence that must be presented in order to support such claims? Article 262 to 266 tackles issues that physical injuries encompass.

PHYSICAL INJURIES

"Art. 262. Mutilation. — The penalty of reclusion temporal to reclusion perpetua shall be imposed upon any person who shall intentionally mutilate another by depriving him, either totally or partially, or some essential organ of reproduction.

Any other intentional mutilation shall be punished by prision mayor in its medium and maximum periods.

Art. 263. Serious physical injuries. — Any person who shall wound, beat, or assault another, shall be guilty of the crime of serious physical injuries and shall suffer:

1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the injured person shall become insane, imbecile, impotent, or blind;

2. The penalty of prision correccional in its medium and maximum periods, if in consequence of the physical injuries inflicted, the person injured shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such member, or shall have become incapacitated for the work in which he was therefor habitually engaged;

3. The penalty of prision correccional in its minimum and medium periods, if in consequence of the physical injuries inflicted, the person injured shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which he as habitually engaged for a period of more than ninety days;

4. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more than thirty days.

If the offense shall have been committed against any of the persons enumerated in Article 246, or with attendance of any of the circumstances mentioned in Article 248, the case covered by subdivision number 1 of this Article shall be punished by reclusion temporal in its medium and maximum periods; the case covered by subdivision number 2 by prision correccional in its maximum period to prision mayor in its minimum period; the case covered by subdivision number 3 by prision correccional in its medium and maximum periods; and the case covered by subdivision number 4 by prision correccional in its minimum and medium periods.

The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict physical injuries upon his child by excessive chastisement.

Art. 264. Administering injurious substances or beverages. — The penalties established by the next preceding article shall be applicable in the respective case to any person who, without intent to kill, shall inflict upon another any serious, physical injury, by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity.

Art. 265. Less serious physical injuries. — Any person who shall inflict upon another physical injuries not described in the preceding articles, but which shall incapacitate the offended party for labor for ten days or more, or shall require medical assistance for the same period, shall be guilty of less serious physical injuries and shall suffer the penalty of arresto mayor.

Whenever less serious physical injuries shall have been inflicted with the manifest intent to kill or offend the injured person, or under circumstances adding ignominy to the offense in addition to the penalty of arresto mayor, a fine not exceeding 500 pesos shall be imposed.

Any less serious physical injuries inflicted upon the offender’s parents, ascendants, guardians, curators, teachers, or persons of rank, or persons in authority, shall be punished by prision correccional in its minimum and medium periods, provided that, in the case of persons in authority, the deed does not constitute the crime of assault upon such person.

Art. 266. Slight physical injuries and maltreatment. — The crime of slight physical injuries shall be punished:

1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance during the same period.

2. By arresto menor or a fine not exceeding 20 pesos and censure when the offender has caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical assistance.

3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the offender shall ill-treat another by deed without causing any injury.”

People enter into an agreement for various reasons such as buying, selling or rendering services. Contracts contain relevant agreements which both parties should perform. However, there are instances when one of the contracting parties ends up dealing with legal disputes because of one essential element that has been taken for granted: notarization.  Does notarization bear any weight on the contract? While merely signing a contract binds a person into an agreement, a contract that bears the signature of contracting parties may not suffice in spite the presence of consent elements. 

The importance of notarization

Notarization has a legal impact on the contract as it converts a private document to a public instrument. Agreements on the contract are enforceable once the document is notarized because it is a strong proof of the document’s authenticity. However, basic requirements must also be observed in notarizing documents. The document is also rendered admissible in court as tangible evidence once it is notarized. Notarization also prevents fraud among legal documents and contracts. The documents that often require notarization are Power of Attorney, medical documents, sworn statements, affidavits, deeds, wills and trusts.

It is stated under Section 1 of Public Act No. 2103, known as the Notarial Law that, ““An instrument or document shall be considered authentic if the acknowledgment is made before a notary public or an officer duly authorized by law of the country to take acknowledgments of instruments or documents in the place where the act is done. The notary public or the officer taking the acknowledgment shall certify that the person acknowledging the instrument or document is known to him and that he is the same person who executed it, and acknowledged that the same is his free act and deed. The certificate shall be made under his official seal, if he is by law required to keep a seal, and if not, his certificate shall so state.”

The process

1.    The unsigned document must be brought to the notary public. It is important to note that the document must not be signed in advance as the notary public will not entertain signed documents without their presence. Proper identification must be secured to ensure that notary public can verify your identity.  Proofs of identity include TIN, NBI Clearance and SSS ID.

2.    Upon verifying your identity, the notary public will also check your documents. There are instances when notary publics prepare document for you to sign. This step is usually required in the case of affidavits.

3.    Once identification and document are clear, you will be asked to sign the document. You will also be observed if you are signing under duress or if another person is forcing you to sign the document against your will.

4.    You should also have one credible witness who is personally known to either the individual signing the document or the notary public.

5.    The transaction will be recorded on the notary’s journal. The record will show the date, place and other essential details of the transaction.

6.    If the requirements and process have been fulfilled, the notary will stamp the document with an official public seal or stamp to prove that your document is notarized. The payment for notarization will vary from location to location.

Whether you are selling your home or purchasing a new one, it pays to transact with a licensed real estate broker for a smoother transaction. It might not seem like a big deal but there are people who have their own share of horror stories due to dealing with real estate brokers who are not licensed.

A broker can either make your life easier or a living hell once transactions go wrong. Buying and selling a real property entails risks when a real estate broker is not licensed. With a professional license, a buyer or seller is protected because these real estate brokers have a license to protect. The real estate brokers who fail to abide by the law will have their license revoked. A buyer or seller can verify if a real estate broker is licensed by visiting PRC’s official website.

“Section 29. Prohibition Against the Unauthorized Practice of Real Estate Service. - No person shall practice or offer to practice real estate service in the Philippines or offer himself/herself as real estate service practitioner, or use the title, word, letter, figure or any sign tending to convey the impression that one is a real estate service practitioner, or advertise or indicate in any manner whatsoever that one is qualified to practice the profession, or be appointed as real property appraiser or assessor in any national government entity or local government unit, unless he/she has satisfactorily passed the licensure examination given by the Board, except as otherwise provided in this Act, a holder of a valid certificate of registration, and professional identification card or a valid special/temporary permit duly issued to him/her by the Board and the Commission, and in the case of real estate brokers and private appraisers, they have paid the required bond as hereto provided.

Section 30. Positions in Government Requiring the Services of Registered and Licensed Real Estate Service Practitioners. - Within three (3) years from the effectivity of this Act, all existing and new positions in the national and local governments, whether career, permanent, temporary or contractual, and primarily requiring the services of any real estate service practitioner, shall be filled only by registered and licensed real estate service practitioners.
All incumbent assessors holding permanent appointments shall continue to perform their functions without need for re appointment and without diminution of status, rank and salary grade, and shall enjoy security of tenure. However, they may not be promoted to a higher position until they meet the qualification requirements of that higher position as herein prescribed. Nothing in this Act shall be construed to reduce any benefit, interest, or right enjoyed by the incumbents at the time of the enactment of this Act. The appointing authority shall exercise his power to appoint the assessor in accordance with the provisions of this Act only when a vacancy occurs.”

When you decide to aspire for the highest political seat in the country, expect people to put you under the microscope for public scrutiny. Smear campaigns and black propaganda are all part of the political culture in the country. While we are only a few days away from the Presidential Election happening on May 9, word war never ceases. As they say, "it ain't over 'til it's over". Criticisms are hurled up against a presidential candidate who tops the pre-election survey. A blunt example is the anti-Duterte ad involving children. The 30-second ad highlights the negative side of Rodrigo Duterte and the reasons why he is unworthy of becoming the next President of the Philippines. We get it. It is obvious that the TV ad is against Duterte's presidency. However, as we dissect the TV ad, it slowly unravels who we are as voters, as Pinoys. While the ad is deemed to be cringe-worthy, it does not necessarily take a Duterte supporter to realize that something is really wrong with it. Is it simply because the children were used in the making of the video? Is it due to the fact that the campaign was putting Duterte in a bad light? No. The TV ad slowly uncovers what we are as a person. It can be a Freudian slip, a revelation of our subconscious feelings, but one thing is for sure: we reveal our true selves without even knowing it. It is purely paradoxical.Sure this ad does not necessarily change voter perception, but it reveals the values that shaped us as humans. A Duterte supporter might be surprised by his or her reaction to the TV ad not because it is the exact opposite of the dominant qualities of the presidential candidate they are supporting, but it is even more surprising to know that a supporter cheering or clapping for Duterte's cuss words is also against indecency of the TV ad. With Duterte's popularity, we already know what this ad is all about, but the mixed reactions clearly show both our negative and positive traits as Pinoys. We are unified because we are against the idea of using children to fulfill a politician's self-serving biases. On the other hand, we also have double standards of morality. While political goals may be accomplished eventually, nobody can have their cake and eat it too. (credits to the owner of this video)

With just a few days away from 2016 Presidential Election, Commission on Elections (COMELEC) is still dealing with minor glitches. Although Smartmatic International has already assured of an election free of technical issues, there are still some doubts on the effectiveness of vote counting machines in terms of delivering the fast and accurate results.

Smartmatic General Manager Elie Moreno assures voters that it’s all systems go after conducting a mock election on May 3, 2016. All of the vote counting machines have already been delivered and each machine has undergone an international certification review. A hardware acceptance test and local source code review have been put in place. There is a total of 92,509 VCMs, which will be used in the elections. In the event of technical failures, there are additional 5000 machines on standby, which will be used as backup.

The ballots are ready and the technology, which will be used for verifying votes has been checked. The final testing was conducted on Monday and even teachers who will serve as the inspectors of board of election have tested the machines. Although COMELEC encountered a problem with cyber security due to hacking of voter’s personal data, both COMELEC and Smartmatic gave an assurance that the machines are hack-free.

The VCMs are not connected to the Internet and with that said, Lawyer Karen Jimeno assures that hackers do not have access to the information. Jimeno also added that the level of encryption of VCM is 256 bits and this is much higher than the security used for banking programs. Aside from the high encryption level, Smartmatic also use an encrypted SD (Secure Digital) card. The card is intended for preventing tampering of election results.

The preparation of these vote counting machines is said to be in compliance with Republic Act No. 9369:

"SEC.14. Examination and Testing of Equipment or Device of the AES and Opening of the Source Code for Review. - The Commission shall allow the political parties and candidates or their representatives, citizens' arm or their representatives to examine and test.

"The equipment or device to be used in the voting and counting on the day of the electoral exercise, before voting start. Test ballots and test forms shall be provided by the Commission.

"Immediately after the examination and testing of the equipment or device, parties and candidates or their representatives, citizen's arms or their representatives, may submit a written comment to the election officer who shall immediately transmit it to the Commission for appropriate action.
"The election officer shall keep minutes of the testing, a copy of which shall be submitted to the Commission together with the minute of voting."

"Once an AES technology is selected for implementation, the Commission shall promptly make the source code of that technology available and open to any interested political party or groups which may conduct their own review thereof."

Aside from putting an end to contractualization, workers who consider themselves as minimum wage earners are also hoping for an increase in their wage rates. On May 1, which also happened to be the celebration of Labor Day, Cagayan Valley and Central Luzon finally got pay increases. Rosalinda Baldoz, labor secretary said that the provinces of Isabela, Quirino, Batanes, Cagayan and Nueva Viscaya currently have the minimum wage of P264 to P300.

The previous rates of Cagayan Valley provinces ranged from P219 to P255. According to the head of Department of Labor and Employment (DOLE) in Cagayan Valley, Pacifico Moralit, the said pay hike was the highest increase the region got for over two decades. Aside from Cagayan Valley, Central Luzon will also receive an increase of P7 in their wage.

“ART. 123. Wage Order. — Whenever conditions in the region so warrant, the Regional Board shall investigate and study all pertinent facts; and based on the standards and criteria herein prescribed, shall proceed to determine whether a Wage Order should be issued. Any such Wage Order shall take effect after fifteen (15) days from its complete publication in at least one (1) newspaper of general circulation in the region.

“In the performance of its wage determining functions, the Regional Board shall conduct public hearings/consultations, giving notices to employees’ and employers’ groups, provincial, city and municipal officials and other interested parties.

“Any party aggrieved by the Wage Order issued by the Regional Board may appeal such order to the Commission within ten (10) calendar days from the publication of such order. It shall be mandatory for the Commission to decide such appeal within sixty (60) calendar days from the filing thereof.

“The filing of the appeal does not stay the order unless the person appealing such order shall file with the Commission an undertaking with a surety or sureties satisfactory to the Commission for the payment to the employees affected by the order of the corresponding increase, in the event such order is affirmed.”

“ART. 124. Standards/Criteria for Minimum Wage Fixing. — The regional minimum wages to be established by the Regional Board shall be as nearly adequate as is economically feasible to maintain the minimum standards of living necessary for the health, efficiency and general well-being of the employees within the framework of the national economic and social development program. In the determination of such regional minimum wages, the Regional Board shall, among other relevant factors, consider the following:

“(a) The demand for living wages;

“(b) Wage adjustment vis-a-vis the consumer price index;

“(c) The cost of living and changes or increases therein;

“(d) The needs of workers and their families;

“(e) The need to induce industries to invest in the countryside;

“(f) Improvements in standards of living;

“(g) The prevailing wage levels;

“(h) Fair return of the capital invested and capacity to pay of employers;

“(i) Effects on employment generation and family income; and

“(j) The equitable distribution of income and wealth along the imperatives of economic and social development.

“The wages prescribed in accordance with the provisions of this Title shall be the standard prevailing minimum wages in every region. These wages shall include wages varying within industries, provinces or localities if in the judgment of the Regional Board conditions make such local differentiation proper and necessary to effectuate the purpose of this Title.

“Any person, company, corporation, partnership or any other entity engaged in business shall file and register annually with the appropriate Regional Board, Commission and the National Statistics Office an itemized listing of their labor component, specifying the names of their workers and employees below the managerial level, including learners, apprentices and disabled/handicapped workers who were hired under the terms prescribed in the employment contracts, and their corresponding salaries and wages.