On Tuesday, April 26, the world celebrated Intellectual Property (IP) Day. Since the Philippines is not spared from digital piracy, several groups demand for the enactment of IP rights protection law. Although there are currently two laws covering digital piracy, Republic Act 10175 is one of them, the country does not have specific legislation that will penalize those who violate anti-piracy law.

Aside from the two existing laws, there is another bill being proposed that can be fused into the current laws covering digital piracy. House Bill 6187 or better known as the Anti-Online Piracy Act was waiting for enactment. It has been filed in 2012 and the bill puts more emphasis on the protection of IP rights.

Due to the access of Internet users to various sources of information, anything can be copied in a few clicks.  Even though the violation of the current laws is evident, the agencies’ hands are tied because there are no formal complaints being filed. As of 2011, there are only 15 digital piracy convictions made. For five years, there are only a total of 15 cases of digital piracy and this is because of the lack of stricter enforcement of anti-piracy law. Here’s an overview of the laws covering digital piracy:

Republic Act No. 8293

“Sec. 2. Declaration of State Policy. - The State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures market access for our products. It shall protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such periods as provided in this Act.

The use of intellectual property bears a social function. To this end, the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and the common good.

It is also the policy of the State to streamline administrative procedures of registering patents, trademarks and copyright, to liberalize the registration on the transfer of technology, and to enhance the enforcement of intellectual property rights in the Philippines.”

Republic Act No. 10175

“SEC. 2. Declaration of Policy. — The State recognizes the vital role of information and communications industries such as content production, telecommunications, broadcasting electronic commerce, and data processing, in the nation’s overall social and economic development. The State also recognizes the importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communications technology (ICT) to attain free, easy, and intelligible access to exchange and/or delivery of information; and the need to protect and safeguard the integrity of computer, computer and communications systems, networks, and databases, and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by making punishable under the law such conduct or conducts. In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation.”

It has been recently reported that the voter’s data had been stolen by hackers from the Comelec’s database.  There unlawful use of stolen data is considered a violation of Data Privacy Act according to the acting Justice Secretary Emmanual Caparas. The Comelec is the rightful owner of the stolen information and the unauthorized individuals who use the information will face the consequences for the violation. Although the   leaked poll data is a serious issue, Caparas assured that it should not be a cause for alarm as the integrity of May 9 election will not be compromised. The Department of Justice together with the foreign agencies are also doing their best to hunt down the person/s responsible for hacking the Comelec’s database system.

SECURITY OF PERSONAL INFORMATION

“SEC. 20. Security of Personal Information. – (a) The personal information controller must implement reasonable and appropriate organizational, physical and technical measures intended for the protection of personal information against any accidental or unlawful destruction, alteration and disclosure, as well as against any other unlawful processing.

(b) The personal information controller shall implement reasonable and appropriate measures to protect personal information against natural dangers such as accidental loss or destruction, and human dangers such as unlawful access, fraudulent misuse, unlawful destruction, alteration and contamination.

(c) The determination of the appropriate level of security under this section must take into account the nature of the personal information to be protected, the risks represented by the processing, the size of the organization and complexity of its operations, current data privacy best practices and the cost of security implementation. Subject to guidelines as the Commission may issue from time to time, the measures implemented must include:

(1) Safeguards to protect its computer network against accidental, unlawful or unauthorized usage or interference with or hindering of their functioning or availability;

(2) A security policy with respect to the processing of personal information;

(3) A process for identifying and accessing reasonably foreseeable vulnerabilities in its computer networks, and for taking preventive, corrective and mitigating action against security incidents that can lead to a security breach; and

(4) Regular monitoring for security breaches and a process for taking preventive, corrective and mitigating action against security incidents that can lead to a security breach.

(d) The personal information controller must further ensure that third parties processing personal information on its behalf shall implement the security measures required by this provision.

(e) The employees, agents or representatives of a personal information controller who are involved in the processing of personal information shall operate and hold personal information under strict confidentiality if the personal information are not intended for public disclosure. This obligation shall continue even after leaving the public service, transfer to another position or upon termination of employment or contractual relations.

(f) The personal information controller shall promptly notify the Commission and affected data subjects when sensitive personal information or other information that may, under the circumstances, be used to enable identity fraud are reasonably believed to have been acquired by an unauthorized person, and the personal information controller or the Commission believes (bat such unauthorized acquisition is likely to give rise to a real risk of serious harm to any affected data subject. The notification shall at least describe the nature of the breach, the sensitive personal information possibly involved, and the measures taken by the entity to address the breach. Notification may be delayed only to the extent necessary to determine the scope of the breach, to prevent further disclosures, or to restore reasonable integrity to the information and communications system.

(1) In evaluating if notification is unwarranted, the Commission may take into account compliance by the personal information controller with this section and existence of good faith in the acquisition of personal information.

(2) The Commission may exempt a personal information controller from notification where, in its reasonable judgment, such notification would not be in the public interest or in the interests of the affected data subjects.

(3) The Commission may authorize postponement of notification where it may hinder the progress of a criminal investigation related to a serious breach.”

Annulment is the only option available to married couple in the Philippines. When filing for a petition to nullify marriage, the grounds for annulment must be taken into consideration. One of the grounds used for nullity of marriage is psychological incapacity. According to Article 36 of the Family Code of the Philippines, “A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with his obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.”

How can a person identify if his or her spouse does not have an ability to assume basic marital obligations?

“(a)   A true inability to commit oneself to the essentials of marriage;

(b)   The inability must refer to the essential obligations of marriage, that is, the conjugal act, the community of life and love, the rendering of mutual help, and the procreation and education of offspring; and

(c)    The inability must be tantamount to a psychological abnormality.”

The person who files must also establish that there is indeed Psychological incapacity in his/her marriage.

“a)      The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity.

b)      The root cause of the psychological incapacity must be: (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision.

c)      The incapacity must be proven to be existing at “the time of the celebration” of the marriage.

d)      Such incapacity must be also shown to be medically or clinically permanent or incurable.

e)      Such illness must be grave enough to bring about the disability of the party to assume essential obligations of marriage.

f)       The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221, and 225 of the same Code in regard to parents and their children.

g)      Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts.

h)      The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. No decision shall be handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly stating therein his reasons for his agreement or opposition, as the case may be, to the petition.”

Although it is one of the commonly used grounds for annulment, there are still some processes that must be put in place. For instance, a husband who is not getting along with his wife cannot allege psychological incapacity as a ground for annulment. Even if there are conflicting personalities or irreconcilable differences, a spouse cannot use these as a ground for filling an annulment case against his wife. The children will also remain legitimate even if the petition for nullity of marriage has been granted.

On Apri 19, Tuesday a 75-year old passenger bound for the US was stopped by the airport security officers to undergo investigation due to a suspected bullet in her handbag. The tanim-bala scheme has been laid to rest for a few months, but the incident that happened on Tuesday has resurrected this issue once again and clouded the minds of passengers regarding the efficiency of the government and the officials in NAIA in resolving this issue. There are nagging suspicions due to the fact that most of the victims are older people who can easily be easily persuaded.

The victim of the allegation is Salvacion Cortabista of Antipolo City. She said that one person also allegedly asked her for 50,000. According to Pablo Francisco Balagtas, the Director of Avsegroup, who is conducting an investigation to shed light on this issue, they are waiting for Cortabista to file a formal complaint and validate claims. If evidences can satisfy claims, the airport security officials violate Section 3 of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.

“Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:

(a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.

(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other part, wherein the public officer in his official capacity has to intervene under the law.

(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, without prejudice to Section thirteen of this Act.

(d) Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination.

(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.

(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party.

(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby.

(h) Director or indirectly having financing or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest.

(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group. Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they belong.

(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled.

(k) Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date.
The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or offering or giving to the public officer the employment mentioned in subparagraph (d); or urging the divulging or untimely release of the confidential information referred to in subparagraph
(k) of this section shall, together with the offending public officer, be punished under Section nine of this Act and shall be permanently or temporarily disqualified in the discretion of the Court, from transacting business in any form with the Government.”

When it comes to purchasing a piece of land in the Philippines, a buyer needs to arm himself with sufficient knowledge, which includes knowing the essential laws. There are two laws that a buyer must keep in mind to ensure smooth and stress-free transaction.

The Subdivision and Condominium Buyer’s Protective Decree or Presidential Decree No. 957:

“17: Registration
All contracts to sell, deeds of sale and other similar instruments relative to the sale or conveyance of the subdivision lots and condominium units, whether or not the purchase price is paid in full, shall be registered by the seller in the office of the Register of Deeds of the province or city where the property is situated.

18: Mortgages
No mortgage on any unit or lot shall be made by the owner or developer without prior written approval of the authority . Such approval shall not be granted unless it is shown that the proceeds of the mortgage loan shall be used for the development of the condominium or subdivision project and effective measures have been provided to ensure such utilization. The loan value of each lot or unit covered by the mortgage shall be determined and the buyer thereof, if any, shall be notified before the release of the loan.

The buyer may, at his option, pay his installment for the lot or unit directly to the mortgage who shall apply the payments to the corresponding mortgages indebtedness secured by the particular lot or unit being paid for with a view to enabling said buyer to obtain title over the lot or unit promptly after full payment thereof.

19: Advertisements
Advertisements that may be made by the owner or developer through newspaper, radio, television, leaflets, circular or any other form about the subdivision or the condominium or its operations or activities must reflect the real facts and must be presented in such manner that will not tend to mislead or deceive the public.

The owner or developer shall be answerable and liable for the facilities, improvements, infrastructures or other forms of development represented or promised in brochures advertisements and other sales propaganda disseminated by the owner or developer or his agents and the same shall form part of the sales warranties enforceable against said owner or developer, jointly and severally. Failure to comply with these warranties shall also be punishable in accordance with the penalties provided for in this Decree.

24: non-forfeiture of payments
No installment payment made by a buyer in a new or existing subdivision or condominium project for the lot or unit he contracted to buy shall be forfeited in favor of the owner or developer when the buyer, after due notice to the owner or developer and clearance from the Board desists from further payment due to the failure of the owner or developer to develop the project according to the approved plans and within the time limit for complying with the same.

Such buyer may at his option be reimbursed the total amount paid including amortization interests but excluding delinquency interests, with interest thereon at the legal rate.”

The Realty Installment Buyer Act or Republic Act 6552:

“Section 3. In all transactions or contracts involving the sale or financing of real estate on installment payments, including residential condominium apartments but excluding industrial lots, commercial buildings and sales to tenants under Republic Act Numbered Thirty-eight hundred forty-four, as amended by Republic Act Numbered Sixty-three hundred eighty-nine, where the buyer has paid at least two years of installments, the buyer is entitled to the following rights in case he defaults in the payment of succeeding installments:

(a) To pay, without additional interest, the unpaid installments due within the total grace period earned by him which is hereby fixed at the rate of one month grace period for every one year of installment payments made: Provided, That this right shall be exercised by the buyer only once in every five years of the life of the contract and its extensions, if any.

(b) If the contract is canceled, the seller shall refund to the buyer the cash surrender value of the payments on the property equivalent to fifty per cent of the total payments made, and, after five years of installments, an additional five per cent every year but not to exceed ninety per cent of the total payments made: Provided, That the actual cancellation of the contract shall take place after thirty days from receipt by the buyer of the notice of cancellation or the demand for rescission of the contract by a notarial act and upon full payment of the cash surrender value to the buyer.”

A rape remark (regarded by some as a bad joke) by presidential aspirant Rodrigo Duterte earned the ire of netizens. The video clip of the April 12 campaign rally at the Amoranto Sports Complex in Quezon City was posted on Saturday, April 16. In the video, Duterte is in the middle of a speech and due to the remark, the video went viral. The statement was: “Ang nagpasok sa isip ko, nirape nila, pinagpilahan nila doon. Nagalit ako kasi nirape, oo isa rin 'yun . Pero napakaganda, dapat ang mayor muna ang mauna. Sayang. There are mixed reactions, most of which are negative. Is the bad remark enough to pass judgment to Rodrigo Duterte? Is this really the truth? The speech was about an incident that dates back in 1989. It was a hostage-taking by Felipe Pugoy, a Davao City Police office inmate. The missionaries who visited the DCPO were held hostage and one of the missionaries was Jacquelline Hamill, an Australian woman. The video clip of the speech drew flak and it was focused on the rape joke! Was it really a joke? “The truth is the truth even if no one believes it. A lie is a lie, even if everyone believes it”. On Sunday, April 17, Duterte was interviewed to clarify what had really transpired during the 1989 hostage-taking incident. Here’s the video of the full interview (credits to the owner of the video):

There is only a thin line that separates genuine public servants from those who are just putting up a front. Some would resort to extreme measures just to win a seat in the public office, not because of the pure intention to serve, but the “perks” they get from it.  There are ghost projects that cost millions and when these public officials have nothing to present when asked for supporting documents, they seem to make up an excuse to maintain their innocence.

Malversation of public funds is a serious offence and should not be tolerated even if the violation is committed by a public official. Now, if holding public office gives you immunity and power to steal public funds, which could have been used for more useful projects, this is an obvious example of corruption at its finest.

Ex-Benguet mayor Bartolome Sacla Sr. and former municipal treasurer Manuel Bagayao were found guilty of misusing public funds, which amounted to P5 million. According to Commission on Audit (COA), there are two factors that demonstrate irregularity in this transaction: 1. there wasn’t any supporting document that will justify the issuance of the check; 2. an accountant’s advice was not issued, which is one of COA’s requirements.

This is a clear violation of Republic Act No. 1090:

“Section 1.     Article two hundred seventeen of the Revised Penal Code is amended to read as follows:

"Art. 217.     Malversation of public funds or property. — Presumption of malversation. — Any public officer who, by reason of the duties of his office, is accountable for public funds or property, shall appropriate the same, or shall take or misappropriate shall consent, or through abandonment or negligence, shall permit any other person to take such public funds or property, wholly or partially, or shall otherwise be guilty of the misappropriation or malversation of such funds or property, shall suffer:

"1.     The penalty of prision correccional in its medium and maximum periods, if the amount involved in the misappropriation or malversation does not exceed two hundred pesos.

"2.     The penalty of prision mayor in its minimum and medium periods, if the amount involved is more than two hundred pesos but does not exceed six thousand pesos. 

"3.     The penalty of prision mayor in its maximum period to reclusion temporal in its minimum period, if the amount involved is more than six thousand pesos but is less than twelve thousand pesos.

"4.     The penalty of reclusion temporal in its medium and maximum periods, if the amount involved is more than twelve thousand pesos but is less than twenty-two thousand pesos. If the amount exceeds the latter, the penalty shall be reclusion temporal in its maximum period to reclusion perpetua.

"In all cases, persons guilty of malversation shall also suffer the penalty of perpetual special disqualification and a fine equal to the amount of the funds malversed or equal to the total value of the property embezzled.

"The failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable, upon demand by any duly authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal uses."  

Pantawid Pamilyang Pilipino Program (4Ps) is the national government’s human development measure. Its main objective is to provide financial assistance to the poorest of the poor so basic needs such as education, health and nutrition are met. The program works like conditional cash transfer, which originated from Latin American and African countries. The Department of Social Welfare and Development (DSWD)is the government agency leading 4Ps.

With 17 regions in the Philippines, 79 provinces, 143 cities and 1484 municipalities covered by this program, national and local candidates are using the program as bait to get a sufficient number of supporters they need to win in the 2016 election. In one of the campaign rallies, one supporter attested to the “generosity” of a local candidate for choosing her as one of the beneficiaries of 4Ps. Other 4Ps members were warned of 500 cut if they refuse to join an activity, which is not even part of the activity of 4Ps.

The activity that posed a threat to the monthly assistance that the beneficiaries get is not part of the 4Ps program. While the election is a perfect time for unscrupulous candidates to deceive gullible voters in Class D and E, conditional cash grants should not be used as another instrument to win votes.
According to the explanatory note of Senator Miriam Defensor-Santiago “The Pantawid Pamilyang Pilipino Program (4Ps) is more than a welfare program; it addresses structural inequities in society and promotes human capital development of the poor, thus, breaking the intergenerational cycle of poverty. The conditions attached to the grants require parents to undergo trainings on responsible parenthood, have their children undergo health check-ups and ensure school attendance. The program ensures that there is sufficient resource for the health, nutrition and education of children aged 0-14 year old. An initial study on the pilot areas of the program shows promising results.”

Has the problem with poverty been properly addressed by this program? As of June 2015, there are 4,436,732 4Ps beneficiaries and 555,861 of which are classified as indigenous households. Unfortunately, the cash granted to the beneficiaries is not enough to put food on their plate on a daily basis. There are reports that poverty is still clutching the poor with its sharp claws. This is why some beneficiaries are left with no choice but to pawn their ATM to make ends meet. While the government has been closely monitoring beneficiaries involved in these prohibited practices, something has to be done. Aside from voter education, beneficiaries must also be aware that their situation should not be used by local and national candidates as an instrument for winning a seat in the 2016 election.

It is no secret that policemen have been involved in a series of crimes and while there are cops who continue to exude exemplary behaviour, bad still outnumbers the good. Due to the growing number of policemen involved in crimes, their tainted reputation no longer comes as a surprise. Some cops will take these in their stride, but an ordinary citizen will consider these issues a cause for alarm. Another reason for disappointment is the death of Adora Lazatin, found floating in the Pasig River on April 8, 2016, Friday. The perpetrators were nabbed for the victim’s kidnap-slay, and three of them are policemen.

PO1 Mark Jay de los Santos, Inspector Eljie Jacobe and PO1 Edmon Gonzales were arrested by the National Bureau of Investigation (NBI) over the weekend.  According to NBI, the perpetrators have withdrawn at least P200,000 from the victim’s savings account. Before Lazatin’s disappearance, Ryan, her son informed him that she was going to meet a prospective buyer and the prospect turned out to be PO1 Mark Jay de los Santos. Lazatin and De los Santos agreed to meet at a mall. Ryan reported his mother missing when she failed to answer text messages.  Aside from kidnapping with homicide, the five suspects are also facing charges for violating the access devices regulation law. 

“Sec. 10. Penalties. — Any person committing any of the acts constituting access device fraud enumerated in the immediately preceding Sec. shall be punished with:

(a) a fine of Ten thousand pesos (P10,000.00) or twice the value obtained by the offense, whichever is greater and imprisonment for not less than six (6) years and not more than ten (10) years, in the case of an offense under Sec. 9 (b)-(e), and (g)-(p) which does not occur after a conviction for another offense under Sec. 9;

(b) a fine of Ten thousand pesos (P10,000.00) or twice the value obtained by the offense, and imprisonment for not less than ten (10) years and for not more than twelve (12) years, in the case of an offense under Sec. 9 (a), and (f) of the foregoing Sec., which does not occur after a conviction for another offense under Sec. 9; and

(c) a fine of Ten thousand pesos (P10,000.00) or twice the value obtained by the offense, or imprisonment for not less than twelve (12) years and not more than twenty (20) years, or both, in the case of any offense under Sec. 9, which occurs after a conviction for another offense under said subSec., or an attempt to commit the same. “

The recently concluded Vice Presidential debate on Sunday resurrected issues on human rights violations under martial law. Among the six aspirants, Bongbong Marcos found himself in the hot seat and most of the aspirants grilled him for refusing to apologize for the violations committed under the martial rule of his father. Although decades have passed, vice presidential candidates just cannot bury the hatchet and forget the past.

Bongbong Marcos also said that he could not apologize for anyone else, only for himself and for what he had done. He also emphasized that every administration committed human rights violations, which is not only limited to unscrupulous killings. Based on the website of Human Rights Victims Claims Board, there are almost 80,000 claims and the application for claims ended on May 30, 2015. The monetary reparation can be found in Republic Act No. 10638.

“Section 4. Entitlement to Monetary Reparation. — Any HRVV qualified under this Act shall receive reparation from the State, free of tax, as herein prescribed: Provided, That for a deceased or involuntary disappeared HRVV, the legal heirs as provided for in the Civil Code of the Philippines, or such other person named by the executor or administrator of the deceased or involuntary disappeared HRVV’s estate in that order, shall be entitled to receive such reparation: Provided, further, That no special power of attorney shall be recognized in the actual disbursement of the award, and only the victim or the aforestated successor(s)-in-interest shall be entitled to personally receive said reparation form the Board, unless the victim involved is shown to be incapacitated to the satisfaction of the Board: Provided, furthermore, That the reparation received under this Act shall be without prejudice to the receipt of any other sum by the HRVV from any other person or entity in any case involving violations of human rights as defined in this Act.

Section 5. Nonmonetary Reparation. — The Department of Health (DOH), the Department of Social Welfare and Development (DSWD), the Department of Education (DepED), the Commission on Higher Education (CHED), the Technical Education and Skills Development Authority (TESDA), and such other government agencies shall render the necessary services as nonmonetary reparation for HRVVs and/or their families, as may be determined by the Board pursuant to the provisions of this Act. The amount necessary for this purpose shall be sourced from the budget of the agency concerned in the annual General Appropriations Act (GAA).

Section 6. Amount of Reparation. — The amount of reparation under this Act shall be in proportion to the gravity of the human rights violation committed on the HRVV and in accordance with the number of points assigned to the individual under Section 19 hereof.

Section 7. Source of Reparation. — The amount of Ten billion pesos (P10,000,000,000.00) plus accrued interest which form part of the funds transferred to the government of the Republic of the Philippines by virtue of the December 10, 1997 Order of the Swiss Federal Supreme Court, adjudged by the Supreme Court of the Philippines as final and executory in Republic vs. Sandiganbayan on July 15, 2003 (G.R. No. 152154) as Marcos ill-gotten wealth and forfeited in favor of the Republic of the Philippines, shall be the principal source funds for the implementation of this Act.”

These days, technology has made it easy for job seekers to search for employment. However, not all jobs spread through job placement sites and social media are legitimate. Secretary Rosalinda Dimapilis-Baldoz of Department of Labor and Employment (DOLE) warns job seekers against social media job scams. The warning was issued by Philippine Overseas Employment Administration (POEA). The agency advises applicants to be more cautious because this employment scam uses a hotel company’s name. Baldoz added that aside from sending e-mails to jobseekers, these scammers are also using social media to lure people who are searching for employment using social channels such as Facebook.

According to the scammers Facebook post, Marriott Hotel in Canada is in need of new workers. The said hotel company was offering jobs for various positions such as technicians, comedians, models, actors, stewards and other related hotel job categories. Although these scammers use reputable companies to attract potential victims, it is easy to identify red flags once jobseekers are cautious. Scammers often use e-mail and social media to post fake job openings. However, for a company as reputable as Marriott Hotel, it is very unlikely to receive alerts on their job openings through e-mail or social media.

Unsuspecting victims are requested to send resume, application and other essential documents. The scammer will suggest sending these documents to a fraudulent email address, which is usually a free web-based email. Marriott Hotel has its own email address and will not contact applicants using free e-mail service. Once the scammers earn the applicant’s trust, they are going to request for a certain amount of money to be sent via bank or wire transfer. The scammers will trick applicants into believing that the money will be used as payment for visa, immigration and processing fees. If you are dealing with a legitimate company, you will not be required to shell out some cash just to be considered for employment.

Another red flag is when the job openings have grammatical or spelling mistakes. A job opening from a legitimate company such as Marriott Hotel is free of grammatical and spelling errors as they are professionally written. POEA advises jobseekers to follow precautionary measures so illegal recruitment can be avoided. When searching for employment, POEA encourages jobseekers to deal with recruitment agencies licensed by POEA.

Avoid agencies that require you to make a payment for processing your papers. Do not deal with an unauthorized person of a licensed agency. If an agency promises overseas employment without requiring an applicant to undergo proper screening and application process, this is also considered a red flag. For available job orders, applicants may visit POEA website.

The devastating effects of El Niño have plagued everyone in the country. While we may whine about the scorching heat that makes us want to stay cooped up in our home, the farmers have bigger issues to face. These issues have urged 6000 Kidapawan farmers to take to the streets to protest due to the alleged failure of government to provide relief to starving families of farmers. These are not just shallow complaints about drought because the farmers’ livelihood has already been affected. When there is no food on your plate, you need to do something to provide food for your family who is already starving to death.

The problem started when the police opened fire on the protesters and when investigation was conducted, police said that one of the dead protesters came out positive for powder burns. The Kidapawan incident will bring forth fact-finding team and the National Police Commission will also conduct its own investigation. The PNP fact finding team will be headed by Police Director Isagani Nerez.

The Commission on Human Rights (CHR) has also noticed some lapses on the dispersal of protesters and they are also going to conduct their own investigation to find out if there is indeed a violation committed during the incident. The investigation will not only look at the rights of protesters but the police as well.  Inspite of the bloody incident, the government has not yet lifted a finger to give in to the farmers’ demands. Whether it is political ideologies or purely a case of following standard operating procedure, the farmers just need food to eat. With the ongoing investigation, will the Kidapawan incident prove that this is a clear violation of human rights?

“Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public Officers.

(a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.

(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or investigates any person for the commission of an offense shall inform the latter, in a language known to and understood by him, of his rights to remain silent and to have competent and independent counsel, preferably of his own choice, who shall at all times be allowed to confer privately with the person arrested, detained or under custodial investigation. If such person cannot afford the services of his own counsel, he must be provided with a competent and independent counsel by the investigating officer.

(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided that before such report is signed, or thumbmarked if the person arrested or detained does not know how to read and write, it shall be read and adequately explained to him by his counsel or by the assisting counsel provided by the investigating officer in the language or dialect known to such arrested or detained person, otherwise, such investigation report shall be null and void and of no effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in writing and signed by such person in the presence of his counsel or in the latter's absence, upon a valid waiver, and in the presence of any of the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence in any proceeding.

(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code, or under custodial investigation, shall be in writing and signed by such person in the presence of his counsel; otherwise the waiver shall be null and void and of no effect.

(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with any member of his immediate family, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel, or by any national non-governmental organization duly accredited by the Commission on Human Rights of by any international non-governmental organization duly accredited by the Office of the President. The person's "immediate family" shall include his or her spouse, fiancé or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.

As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person who is investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the "inviting" officer for any violation of law.”

These days, the employers and employees inclined into job-contracting are significantly increasing. However, job contracting schemes cut both ways: the negative and the positive. The positive aspects of job contracting are outlined in House Bill No. 380, but when you look at the big picture, there are some issues that job contracting needs to address. For one, contractual workers are hired by agencies and with this scheme, some workers are underpaid and not getting the benefits due to them.

Contracting and Subcontracting

As defined by Department of Labor and Employment (DOLE), contracting or subcontracting is an arrangement where an employer (referred to as the principal) enters an agreement to farm out with a subcontractor or contractor a job’s completion. There is a predetermined or definite period for the completion of a specific job. In most cases, the service or work is completed within outside the principal’s premises.

“1)  Minimum capitalization of at least P3 Million

•  fully paid up capital for corporation, partnership and cooperative;

•  net worth for single proprietorship

2) Proof of ownership or lease agreement on tools, equipment, machineries and work premises

3) Payment of P25,000.00 registration fee

4) Proof of financial capacity to pay the wages and benefits of its workers using the Net Financial Contracting Capacity (NFCC) formula in government procurement

5)  Control over the performance of the work of the employee deployed or assigned to render the contracted work or services

6)  Not engaged in labor-only contracting arrangement as provided in Section 6 Certificate of Bank Deposits

7)  Not engaged in prohibited activities enumerated in Section 7

8)  Observes the rights of the workers as provided in Section 8

9)  Observes the required contracts under Section 9

10) Not delisted from the registry of legitimate contractor/subcontractor”

Contracting or subcontracting will only be legitimate if:

“a. the contractor or subcontractor carries on a distinct and independent business and undertakes to perform the job, work or service on its own account and under its own responsibility, according to its own manner and method, and free from the control and direction of the principal in all matters connected with the performance of the work except as to the results thereof;

b. the contractor or subcontractor has substantial capital or investment;

c. The agreement between the principal and the contractor or subcontractor assures the contractual employees entitlement to all occupational safety and health standards, free exercise of the right to self organization, security of tenure, and social and welfare benefits.”

The contractor’s employees are also entitled of the following:

“(a) safe and healthful working conditions;

(b) labor standards such as service incentive leave, rest days, overtime pay, holiday pay, 13th month pay, and separation pay as may be provided in the Service Agreement or under the Labor Code;

(c) retirement benefits under the SSS or
retirement plans of the contractor, if there are any;

(d) social security and welfare benefits;

(e) self-organization, collective bargaining and peaceful concerted activities; and

(f) security of tenure.”

If a worker feels that the contractor or subcontractor has violated the provisions of DO 18-A,  they can file a complaint so the contractor’s registration will be cancelled. Complaint must be filed before the DOLE Regional Office.

When death comes knocking on your door, there is nothing you can do but embrace it and accept that you have reached the final chapter of your life. For an individual who cares for the future of loved ones left behind, leaving properties upon death is a sound decision. However, these properties can become a liability if estate taxes are not properly settled. The question is: Who pays the estate tax?

Estate Tax

Estate tax refers to the difference between the allowable deductions and the gross estate as defined under Section 85 and 86 of the Tax Code. The rates of estate tax are graduated and depend on the amount of net estate. The property may not be transferred to the decedent’s heirs if filing of the estate tax return has not been executed and payment of the estate tax has not been made. The problem often lies with non-payment of estate tax and this is one of the road blocks in transferring the property to the buyers’ or heirs’ names.

Estate Proceedings

When someone passes away, there are things that need to be done so you can prevent problems with transferring the property. 

1.    Within two months, the family has to file a Notice of Death with the Bureau of Internal Revenue after the date of death. When the value of the estate exceeds P20,000, this procedure will be applied. The Notice of Death should be filed by the administrator of the estate of executor. There is no specific format that should be followed for filing the notice.

2.    A Tax Identification Number (TIN) for the Estate of the deceased individual will also be required. This can be secured by filling out the BIR Form No. 1901. The TIN is essential for filing the Estate Tax Return (BIR Form No. 1801).

3.    Make sure the list of decedent’s assets and liabilities are ready. The faire market values of the properties at the time of the decedent’s death must also be obtained.

4.    Essential documents for the assets and liabilities must be prepared. Some of the supporting documents that must be secured are a certified copy of the Death Certificate, Notice of Death received by the BIR, Affidavit of Self-Adjudication etc.

5.    Once required documents are completed, the net estate and estate tax must be computed.

6.    Estate Tax Return must be filed and estate taxes should be paid.

7.    There will be a procedure for transferring the properties to the heir’s name which should be followed.

8.    The procedure for cancellation of the decedent’s TIN as outlined in Section 12 of Revenue Regulations No. 7-2012 must also be followed.

Is there a penalty for employers who fail to remit employees’ SSS contributions? By strengthening Republic Act 8282, there will be stiffer penalties for delinquent employers. Problems with SSS contributions have created a negative effect on SSS pensioners and P1200 per month cannot support the pensioners’ daily needs. According to Neri Colmenares, the uncollected contributions should be used in increasing the pension of most SSS members, which include OFWs. There are thousands of cases where employers do not remit SSS contributions. While it reflects on the employee’s payslip, the anomaly remains unexplained and undiscovered until the employee resigns.

Section 28 of RA 8282 states that non-remittance of worker’s SSS contributions shall be punishable by:

“a fine of not less than Five thousand pesos (P5,000.00) nor more than Twenty thousand pesos (P20,000.00), or imprisonment for not less than six (6) years and one (1) day nor more than twelve (12) years, or both, at the discretion of the court: Provided, That where the violation consists in failure or refusal to register employees or himself, in case of the covered self-employed or to deduct contributions from the employees’ compensation and remit the same to the SSS, the penalty shall be a fine of not less Five thousand pesos (P5,000.00) nor more than Twenty thousand pesos (P20,000.00) and imprisonment for not less than six (6) years and one (1) day nor more than twelve (12) years.

"(f) If the act or omission penalized by this Act be committed by an association, partnership, corporation or any other institution, its managing head, directors or partners shall be liable for the penalties provided in this Act for the offense.

"(g) Any employee of the SSS who receives or keeps funds or property belonging, payable or deliverable to the SSS and who shall appropriate the same, or shall take or misappropriate, or shall consent, or through abandonment or negligence, shall permit any other person to take such property or funds, wholly or partially, or shall otherwise be guilty of misappropriation of such funds or property, shall suffer the penalties provided in Article Two hundred seventeen of the Revised Penal Code.

"(h) Any employer who, after deducting the monthly contributions or loan amortizations from his employee’s compensation, fails to remit the said deduction to the SSS within thirty (30) days from the date they became due, shall be presumed to have misappropriated such contributions or loan amortizations and shall suffer the penalties provided in Article Three hundred fifteen of the Revised Penal Code.

"(i) Criminal action arising from a violation of the provisions of this Act may be commenced by the SSS or the employee concerned either under this Act or in appropriate cases under the Revised Penal Code: Provided, That such criminal action may be filed by the SSS in the city or municipality where the SSS office is located, if the violation was committed within its territorial jurisdiction or in Metro Manila, at the option of the SSS.”

The door that provides answers to the lingering questions on child support is often less entered. There are no definite answers as some individuals resign to preconceived notions. While child support is not a taboo topic, the circumstances that have gotten a person into this kind of situation makes it difficult to open up. Due to the intricacies that one cannot easily decipher, a single parent chooses to shoulder the responsibilities no matter the challenges.

Although the law does not specify the exact amount that should be given to the child, there are factors that determine the amount of support. The amount is determined based on the giver’s financial capacity or resources and the recipient’s indispensable needs. Once the recipient is in need of maintenance, the support will be considered demandable based on Article 203 of the Family Code of the Philippines.
There are also factors that can lead to the modification of the amount of support. The amount will be changed or modified if there is an increase or reduction of the recipient’s necessities or the means or resources of the individual obliged to furnish the same. The increase or reduction in support will be implemented by motion based on the same proceeding which granted the support.

The persons obliged to support each other include:

•    Legitimate ascendants and descendants;
•    The spouses;
•    Parents and their legitimate children and the legitimate and illegitimate children of the latter;
•    Parents and their illegitimate children and the legitimate and illegitimate children of the latter;
•    Legitimate brothers and sisters, whether of full or half-blood.

The support continues until the child in question reaches 18, which is considered to be the age of majority. However, the support for education will still continue beyond the age of majority. The support for education includes the child’s training, expenses in going to and from school and transportation. There are two options that a person obliged can provide support to the recipient. Support can be given by paying a fixed allowance or maintaining the person entitled to get the support in his dwelling.

In cases where petition for annulment of marriage succeeds, the giver is no longer obliged to support the spouse. Nullity of marital union also discontinues the obligation of the giver to support the spouse. The support is only required to those who are husband and wife. They are the ones who require supporting each other and rendering mutual help.

If the wife is convicted of adultery, the husband will not be obliged to give support to her. This is due to the fact that the wife also loses the right to support. The husband has to prove that adultery has been committed because mere allegation does not bar the wife from her right to support.

Why does unfair labor practice exist? Is it because of employers who are simply taking advantage of employees’ lack of knowledge of labor laws? When employees are not aware of their rights, it is easy for them to shrug off irregularities. There are some companies that implement open door policy, but good employees resign because the issues are not properly resolved.   While it may not be completely save an employee from being denied of their rights, it still pays off to know basic employee rights.

“ The Bureau of Working Conditions, a staff department of the Department of Labor and Employment, compiled a list of Basic Rights that every worker is entitled to. These rights ensure the safety and health of all workers.

1. Equal work opportunities for all
The State shall protect labor, promote full employment, provide equal work opportunity regardless of gender, race, or creed; and regulate relations between employees and employers.

2. Security of tenure
Every employee shall be assured security of tenure. No employee can be dismissed from work except for a just or authorized cause, and only after due process.

Just cause refers to any wrongdoing committed by an employee; authorized cause refers to economic circumstances that are not the employee’s fault.

3. Work days and work hours
An employee must be paid their wages for all hours worked. If their work hours fall between 10:00 p.m. and 6:00 a.m., they are entitled to night shift pay in addition to their pay for regular work hours. If they work over eight hours a day, they are entitled to overtime pay.

4. Weekly rest day
A day-off of 24 consecutive hours after six (6) days of work should be scheduled by the employer upon consultation with the workers.

5. Wage and wage-related benefits
Wage is the amount paid to an employee in exchange for to the service that they rendered to their employer. Wage may be fixed for a given period.

6. Payment of wages
Wages should be paid directly to the employee in cash, legal tender, or through a bank.
Wages shall be given not less than once every two weeks or twice within a month at intervals not exceeding 16 days.

7. Female employees
Women are prohibited from engaging in night work unless the work is allowed by the following rules: industrial undertakings from 10 p.m. to 6 a.m., commercial/non-industrial undertakings from 12 m.n. to 6 a.m., or agricultural takings at night provided that she has had nine consecutive hours of rest.

Welfare facilities, such as separate dressing rooms and lavatories, must be installed at the workplace.

8. Employment of children      
The minimum employment age is 15 years of age. Any worker below 15 years of age should be directly under the sole responsibility of parents or guardians provided that work does not interfere with the child’s schooling or development.

The minimum age of employment is 18 years for hazardous jobs, and 15 years for non-hazardous jobs.

9. Safe working conditions
Employers must provide workers with every kind of on-the-job protection against injury, sickness or death through safe and healthful working conditions.

10. Rights to self-organization and collective bargaining
Every worker has the right to self-organization, i.e., to form or to join any legitimate workers’ union, free from interference of their employer or the government. All workers may join a union for the purpose of collective bargaining and is eligible for union membership on the first day of their employment.

Collective bargaining is a process between two parties, namely the employer and the union, where the terms and conditions of employment are fixed and agreed upon. In collective bargaining, the two parties also decide upon a method for resolving grievances. Collective bargaining results in a contract called a Collective Bargaining Agreement (CBA).”

Another great source of information about labor codes can be found in the official website of DOLE. This website provides answers to work-related concerns. However, an employee should keep in mind that labor laws can serve as a guide so violations in the workplace are prevented. Employees should also know where to draw the line and should not use these labor laws as an instrument to blackmail an employer because in a country where justice system is sluggish, there is still such a thing as due process.

Corruption is a political cancer that the country has not yet found a viable solution for. Many anti-corruption advocates are aiming for good governance free of corruption, but some government agencies continue to mar the country with graft and corruption, stashing away millions and getting away with the crimes they committed scot-free. The proposed Freedom of Information Bill aims to mandate public documents’ disclosure and once this bill is enacted into a law, all government agencies are required to make information pertaining to transactions, official acts, or decisions available to the public.

“1.   Official acts of public officers done in the pursuit of their official functions;

2.    Judicial or quasi-judicial decisions or orders as well as records of court cases in whatever stage, and policy decisions of public officers, boards, commissions or tribunals;

3.    Transactions, contracts and agreements, whether the government is a nominal or active contracting or counter-party, including negotiations or definite propositions of the government leading to the consummation of the transactions, contracts and agreements;

4.    Government research data used as basis for policy development, enactment of statutes, rules and regulations, and execution of transactions, contracts and agreements, whether the government is a nominal or active contracting or counter-party, including negotiations or definite propositions of the government leading to the consummation of the transactions, contracts and agreements;

5.    Laws, policies, rules and procedure, work programs, projects and performance targets, performance reports;

6.    Public and private writings coming into the hands of public officers in connection with their official functions;

7.    Books of account, ledgers, and other documents of whatever nature or character used as basis for applications, reports or returns or other documents regardless of nature or character submitted to the government; and

8.    All other information required by law to be accessible to the public.”

Aside from minimizing graft and corruption, the bill gives citizens a chance to participate in matters related to the government. Although the bill has a good purpose especially when it comes to granting access to the public so they too can obtain necessary information, the bill has yet to undergo long process. Is this bill going to die a natural death? Is there still hope for the bill to become a law eventually? While the corrupt and powerful continues to sit on a throne and this bill has not yet win sustainable nods, the country’s fight against corruption will become a useless battle. The dream of a country free of corruption is probably dead and the hopes of openness and transparency may have also died along with it.

When panic attacks take precedence over presence of mind, it is hard to gather your thoughts and pull yourself together during road accidents. For sure, the steps to take if you have gotten yourself into road accidents have not crossed your mind unless you are involved. While going to driving school provides you the dos and don’ts of driving, experience is somehow the best teacher. The basic laws of driving are covered under the Republic Act 4136 or the Land Transportation and Traffic Code. The Act provides motorists with the information on provisions and traffic laws.

Section 5 of the RA 4136 tackles the processes of registration of motor vehicles. It states that “all motor vehicles and trailer of any type used or operated on or upon any highway of the Philippines must be registered with the Bureau of Land Transportation for the current year in accordance with the provisions of this Act.”

A fee of fifty pesos (P50.00) will be collected by the Bureau of Land Transportation and this fee is intended for the annotation of a mortgage and other encumbrances.

Section 55 outlines the duty of the driver in case of accident:

“SECTION 55. Duty of Driver in Case of Accident. – In the event that any accident should occur as a result of the operation of a motor vehicle upon a highway, the driver present, shall show his driver’s license, give his true name and address and also the true name and address of the owner of the motor vehicle.

No driver of a motor vehicle concerned in a vehicular accident shall leave the scene of the accident without aiding the victim, except under any of the following circumstances:

1. If he is in imminent danger of being seriously harmed by any person or persons by reason of the accident;

2. If he reports the accident to the nearest officer of the law; or

3. If he has to summon a physician or nurse to aid the victim.”

For the driver, it is important to ensure safety of people who are involved in the accident. Taking pictures of the accident is also necessary because this will serve as evidence especially if the other person denies the incident that has taken place. When taking pictures of both vehicles, the license plates and the area where the accident occurred must be included.

If it is possible, your vehicle must be moved off to the side of the road and let the investigator get all the details related to the accident. The information will be reviewed later on. If the accident involves another driver, an exchange of information must be considered. The essential details that you need to gather are name, phone number, address, policy number, insurance company, driver’s license number and license plate number. Do not forget to include the make and model of the vehicle.

After the exchange of information, contact your insurance company so you will be able to find out about the coverage of your insurance. An accident report must also be filed with the police department. A police report can speed up the process of filing for insurance claims. The report can be filed at your local police station.

When victims of illegal recruitment and human trafficking are asked for reasons why they choose to bite the bait instead of waiting for a legal job opportunity to come, there is only one answer that comes to mind: a promise of a better life. Poverty drives a person to make hasty decisions. Someone who is desperate to free himself from poverty’s tight grip will focus on the solution, regardless of its sources. Law becomes non-existent as these unsuspecting victims want to improve their life.

The grass is greener on the other side because those fresh blades of grass are made of plastics. They are facades of the harsh reality that greets desperate job-seekers who just want a better life. They are victims who simply wish to have food on their plate or enjoy pleasures of life. Prostitution, organ sale, sex tourism and other illegal jobs can be in the guise of a decent job to lure people into recruitment.

The ripple effect of illegal recruitment becomes evident in the case of Mary Jane Veloso, an OFW who was put to prison due to being suspected as a drug mule and presently, on Indonesia’s death row. Due aspiring for a better life, illegal recruiters seized the opportunity to take advantage of Veloso. While Veloso was hoping for a better future ahead of her, human traffickers were up to something else.

Veloso’s boat of hope sinks before it reaches the sea. Sad, unfortunate, disheartening. Mary Jane Veloso represents millions of OFWs who continue to fight a difficult battle against poverty and a poor excuse of a system. Human trafficking schemes continue to turn dreams into nightmare. There are government agencies such as POEA that provide information to job-seekers to avoid falling victim to illegal recruitment and human trafficking, but people need more than just a piece of information. When your family is starving to death, wouldn’t you consider  once-in-a-lifetime job offer appealing?

Section 10 of Republic Act No. 10364 or the Expanded Anti-Trafficking in Person Act of 2012 provides details of penalties and sanctions for those who this law.

“SEC. 10. Penalties and Sanctions. – The following penalties and sanctions are hereby established for the offenses enumerated in this Act:

“(a) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer the penalty of imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00);

“(b) Any person found guilty of committing any of the acts enumerated in Section 4-A of this Act shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);

“(c) Any person found guilty of Section 4-B of this Act shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);

“In every case, conviction shall cause and carry the automatic revocation of the license or registration of the recruitment agency involved in trafficking. The license of a recruitment agency which trafficked a child shall be automatically revoked.

“(d) Any person found, guilty of committing any of the acts enumerated in Section 5 shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);

“(e) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million pesos (P5,000,000.00);

“(f) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six (6) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);

“(g) If the offender is a corporation, partnership, association, club, establishment or any juridical person, the penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer who participated in the commission of the crime or who shall have knowingly permitted or failed to prevent its commission;

“(h) The registration with the Securities and Exchange Commission (SEC) and license to operate of the erring agency, corporation, association, religious group, tour or travel agent, club or establishment, or any place of entertainment shall be cancelled and revoked permanently. The owner, president, partner or manager thereof shall not be allowed to operate similar establishments in a different name;

“(i) If the offender is a foreigner, he or she shall be immediately deported after serving his or her sentence and be barred permanently from entering the country;

“(j) Any employee or official of government agencies who shall issue or approve the issuance of travel exit clearances, passports, registration certificates, counseling certificates, marriage license, and other similar documents to persons, whether juridical or natural, recruitment agencies, establishments or other individuals or groups, who fail to observe the prescribed procedures and the requirement as provided for by laws, rules and regulations, shall be held administratively liable, without prejudice to criminal liability under this Act. The concerned government official or employee shall, upon conviction, be dismissed from the service and be barred permanently to hold public office. His or her retirement and other benefits shall likewise be forfeited; and

“(k) Conviction, by final judgment of the adopter for any offense under this Act shall result in the immediate rescission of the decree of adoption.”