Crimes come in many forms these days. This is why people take necessary security measures to increase the level of protection and decrease the possibility of crimes. Unfortunately, vigilance may not be enough if culprits have a way of committing a crime without getting caught. A few weeks ago, a robbery-homicide case in Laguna has left fear to many especially to homeowners who are often left alone with their kids. In a country where alarm systems and other security devices are not yet considered a necessity, the only weapon a homeowner can arm himself with is vigilance.

In the Laguna robber-homicide case, the victim has taken some necessary precautions to protect herself and her one-year-old child from harm. An exchange of text messages with her spouse is proof that she followed best practices in letting a stranger inside her house. Unfortunately, the cunning suspects had better plans, and those were something that the victims were unprepared for.

While the information about the supposed suspect was obtained by the spouse, a shocking revelation just turned the spouse’s world upside down. During the earlier investigation, it was revealed, through the victim’s text message, that David Dela Cruz was the primary suspect of the heinous crime. It was all over the news and a hefty reward awaits those who can give leads to the suspect’s whereabouts. A few days later, a senior specialist from a telecom company named Christopher Oliveros said he was the person on the Identification card of the suspect.

Colleagues have attested that the specialist was in a different location when the incident happened. As the story unfolds, the truth becomes more and more alarming because Oliveros himself was a victim of identity theft. The picture shown on the ID card was stolen from his Facebook account.  Although the suspects have documents to show, those were fake documents. The job order taken from the victims’ residence was merely fabricated. The suspects were captured by a nearby CCTV in the area, and further investigations will be conducted to solve the puzzle. With this robbery-homicide case, vigilance may not be enough to stay protected against unscrupulous criminals.

The crimes related to identity theft are covered under the Republic Act No. 10173 or the Data Privacy Act of 2012 and the Republic Act 10175 or Cybercrime Prevention Act. The robbery-homicide suspects are still out in the streets. It may take weeks or months to consider this crime solved, but one thing is for sure, there are still predators, waiting for another victim to fall into their evil schemes. With the craftiness of these identity thieves, one could only hope for the best and prepare for the worst.

Purchasing a condominium is one of the wise investments that a person may consider, but there are still some lingering questions on the value of condo units after 50 years. Things can get unpredictable when it comes to purchasing a property. A place that is considered to be a real estate hotspot at present may be of no value in the coming years. This is why some people who want to invest their money in a condominium are a little bit hesitant because of the risks involved.

Truth be told, structures and buildings are not damage-proof. Once they are exposed to harsh elements such as heavy rains and strong winds, they will become more prone to damage. When it comes to determining the value of a condominium, the location is an important factor to consider.  Even locations deemed as the central business district is not immune to urban decay. If the location shows some inevitable signs of aging, there can be a time when the building you are residing will be demolished and this is a harsh reality every condo owner needs to face and this is where most of potential buyers’ concerns are coming from. Your mind might be clouded with doubts and fears due to preconceived notions about buying a condo unit, but before you get completely discouraged, here are some answers to common questions about owning a condo unit.

Are there limitations on the ownership in a condo project?

Unlike landed properties, homeowners have limited entitlement when it comes to a condominium project. Homeowners only possess the specific dwellings, and the land where the building stands is not part of the homeowner’s entitlement. In addition, they do not hold exclusive ownership to the common areas of a condominium. Condominium corporation is composed of shareholders, who happen to be the individual unit owners. The equation for condominium corporation is that one unit is equal to one share.

Is there a law that tackles condominium corporation?

The Republic Act No. 4726 or the Condominium Act is a law that provides details of the condominium ownership. Although the Act does not necessarily talk about foreign buyers, it can serve as a buying guide for foreigners who want to buy into a corporation. Since foreigners are prohibited to own land in the Philippines, their only option is a condo project. However, foreign ownership must not exceed 40 percent.

Does the decision of shareholders need to be in unison?

Since a condominium corporation is profit-oriented, issues within a condominium must be decided through the shareholders’ votes. Whether issues are as mundane as having the common areas repainted, the shareholders have to decide in unison.

Does a condominium building have a lifespan?

The law does not specifically indicate that a condo building becomes obsolete after 50 years. However, Section 8c implies: “That the project has been in existence in excess of fifty years, that it is obsolete and uneconomic, and that condominium owners holding in aggregate more than fifty percent interest in the common areas are opposed to repair or restoration or remodeling or modernizing of the project”

It is up to the shareholders to decide if the building will be demolished. There are two options that shareholders to the condominium corporation can consider: 1. Sell the land; 2. Make a deal with the original developer.

While buying a condominium is not discouraged, a buyer must keep in mind that ownership of a condominium is limited compared to a landed property. The decision to buy a condominium will depend on the buyer’s preferences and the benefits they can obtain from a condominium such as convenience.

It is no secret that investment predators continue to victimize clients who are attracted to the idea of getting hefty returns from little investments. Who wouldn’t? The process is easy and you do not need to devote your time to gain awesome return on investment. However, the trust that clients put in this monkey business cannot be regained. Some clients have set their hard-earned money aside to secure their future, but in a blink of an eye, the money they invested just mysteriously disappears.

On March 7, 2016, 15 executives of a trading corporation faced charges of syndicated estafa. The executives tricked clients into investing, completely clueless about the dangers ahead of them. The clients were blinded by the executives' promise of returns on their investment, but those promises were never fulfilled. These executives have attracted potential clients because of a guaranteed return, which is obviously, too good to be true. People who wish to enter into this kind of investment must think twice especially when the information is limited or deceptive. If you have an attractive business offer that seems to provide you the best way to invest your money, you need to stop and think. Visit Securities and Exchange Commission so you can obtain useful information on the proper way to invest your money and the companies you need to avoid.

The 15 Executives Violated Republic Act No. 8799 Or The Securities Regulation Code:

“PROTECTION OF SHAREHOLDERS INTERESTS
Section 19. Tender Offers. – Any person or group of persons acting in concert who intends to acquire at least 15% of any class of any equity security of a listed corporation of any class of any equity security of a corporation with assets of at least fifty million pesos (50,000,000.00) and having two hundred(200) or more stockholders at least one hundred shares each or who intends to acquire at least thirty percent(30%) of such equity over a period of twelve months(12) shall make a tender offer to stockholders by filling with the Commission a declaration to that effect; and furnish the issuer, a statement containing such of the information required in Section 17 of this Code as the Commission may prescribe. Such person or group of persons shall publish all request or invitations or tender offer or requesting such tender offers subsequent to the initial solicitation or request shall contain such information as the Commission may prescribe, and shall be filed with the Commission and sent to the issuer not alter than the time copies of such materials are first published or sent or given to security holders.

(a) Any solicitation or recommendation to the holders of such a security to accept or reject a tender offer or request or invitation for tenders shall be made in accordance with such rules and regulations as may be prescribe.

(b) Securities deposited pursuant to a tender offer or request or invitation for tenders may be withdrawn by or on behalf of the depositor at any time throughout the period that tender offer remains open and if the securities deposited have not been previously accepted for payment, and at any time after sixty (60) days from the date of the original tender offer to request or invitation, except as the Commission may otherwise prescribe.

(c) Where the securities offered exceed that which person or group of persons is bound or willing to take up and pay for, the securities that are subject of the tender offers shall be taken up us nearly as may be pro data, disregarding fractions, according to the number of securities deposited to each depositor. The provision of this subject shall also apply to securities deposited within ten (10) days after notice of increase in the consideration offered to security holders, as described in paragraph (e) of this subsection, is first published or sent or given to security holders.

(d) Where any person varies the terms of a tender offer or request or invitation for tenders before the expiration thereof by increasing the consideration offered to holders of such securities, such person shall pay the increased consideration to each security holder whose securities are taken up and paid for whether or not such securities have been taken up by such person before the variation of the tender offer or request or invitation.

19.2. It shall be lawful for any person to make any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made in the light of the circumstances under which they are made, not mis-leading, or to engaged to any fraudulent, deceptive or manipulative acts or practices, in connection with any tender offer or request or invitation for tenders, or any solicitation for any security holders in opposition to or in favor of any such favor of any such offer, request, or invitation. The Commission shall, for the purposes of this subsection, define and prescribe means reasonably designed to prevent, such acts and practices as are fraudulent, deceptive and manipulative.”

The Republic Act No. 7279 or the Urban Development and Housing Act is authored by former senator Jose D. Lina and the law has been in existence for many years but, until now, it is misunderstood. While the law aims to pay serious attention to homeless citizens more often referred to as informal settlers, there are some guidelines and procedures that need to be followed in the event of demolition. One of the misconceptions is that informal settlers have the right to own the land if they have been squatting on it for more than 10 years. Unfortunately, this claim has no basis in the law. Thus, it remains a false belief that informal settlers continue to embrace.

There are also scenarios when private landowners pay informal settlers as a form of compensation. Although, private landowners are not prohibited to provide financial assistance to informal settlers who have agreed to relocate, giving money to squatters should be a voluntary act. Prior to relocation, squatters need to be consulted, but consultation does not necessarily mean that their consent is also needed. The role of the government is to ensure that all available resources are exhausted to ensure that the relocation site is near the settlers’ job sites. Without the settlers’ consent, the government will still push through with searching for a suitable relocation site.

Informal settlers do not own the land and this is why they have limited rights. They can be ejected based on ejection and accion publiciana.  Ejectment refers to unlawful detainer or forcible entry while accion publiciana refers to the plenary action to recover the better possession right.

Section 28 of this Act outlines eviction and demolition procedures:

“Sec.  28. Eviction and Demolition. — Eviction or demolition as a practice shall be discouraged. Eviction or demolition, however, may be allowed under the following situations:

(a) When persons or entities occupy danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places such as sidewalks, roads, parks, and playgrounds;      
    
(b) When government infrastructure projects with available funding are about to be implemented; or

(c) When there is a court order for eviction and demolition.chanrobles virtual law library

In the execution of eviction or demolition orders involving underprivileged and homeless citizens, the following shall be mandatory:

(1) Notice upon the effected persons or entities at least thirty (30) days prior to the date of eviction or demolition;     
           
(2) Adequate consultations on the matter of settlement with the duly designated representatives of the families to be resettled and the affected communities in the areas where they are to be relocated;

(3) Presence of local government officials or their representatives during eviction or demolition;

(4) Proper identification of all persons taking part in the demolition;

(5) Execution of eviction or demolition only during regular office hours from Mondays to Fridays and during good weather, unless the affected families consent otherwise;

(6) No use of heavy equipment for demolition except for structures that are permanent and of concrete materials;

(7) Proper uniforms for members of the Philippine National Police who shall occupy the first line of law enforcement and observe proper disturbance control procedures; and

(8) Adequate relocation, whether temporary or permanent: Provided, however, That in cases of eviction and demolition pursuant to a court order involving underprivileged and homeless citizens, relocation shall be undertaken by the local government unit concerned and the National Housing Authority with the assistance of other government agencies within forty-five (45) days from service of notice of final judgment by the court, after which period the said order shall be executed: Provided, further, That should relocation not be possible within the said period, financial assistance in the amount equivalent to the prevailing minimum daily wage multiplied by sixty (60) days shall be extended to the affected families by the local government unit concerned.

This Department of the Interior and Local Government and the Housing and Urban Development Coordinating Council shall jointly promulgate the necessary rules and regulations to carry out the above provision.”

Marriage is a sensitive subject matter that requires concrete answers. It is one of the most common topics being discussed in legal forums. If one has already found a new person to love, long separation does not necessarily nullify marriage because laws still get in the way.  Even if you are separated from your spouse for 10 years, it is not a sufficient ground for annulment. However, long separation will greatly depend on the circumstances. The petitioner is allowed to remarry if the court provides a declaration of presumptive death of the absent spouse. The separation between spouses is referred to as de facto separation. Both parties need to undergo proper procedure to nullify marriage. There are different ways marriage can be nullified: annulment, presumptive death, declaration of nullity and recognition of foreign divorce.

Article 83 of the Civil Code states:

“ Art. 83. Any marriage subsequently contracted by any person during the lifetime of the first spouse of such person with any other person other than such first spouse shall be illegal and void from its performance, unless:

(2) The first spouse had been absent for seven consecutive years at the time of the second marriage without the spouse present having news of the absentee being alive, or if the absentee, though he has been absent for less than seven years, is generally considered as dead and believed to be so by the spouse present at the time of the contracting such subsequent marriage, or if the absentee is presumed dead according to articles 390 and 391. The marriage so contracted shall be valid in any of the three cases until declared null and void by a competent court.”

A married individual who is separated from spouse should also note that legal separation does not allow a person to remarry as the spouses are still considered married to each other. Filing for legal separation is not faster than annulment because the petitioner needs to prove the allegations. There is also a mandatory 6-month cooling off period that must be observed as part of the procedure.

Article 55 of the Family Code outlines the grounds for legal separation:

“ (a) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;

(b) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;

(c) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;

(d) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;

(e) Drug addiction or habitual alcoholism of the respondent;

(f) Lesbianism or homosexuality of the respondent;

(g) Contracting by the respondent of a subsequent bigamous marriage, whether in or outside the Philippines;

(h) Sexual infidelity or perversion of the respondent;

(i) Attempt on the life of petitioner by the respondent; or

(j) Abandonment of petitioner by respondent without justifiable cause for more than one year.”

Being a parent is a huge responsibility, but parental responsibilities can be stressful if you are a single parent. You need to fulfil the roles of a mother and a father and make sure that your child’s basic needs are met. Child custody and support may be one of the intense issues for couples who choose to go on separate ways. If fighting for the custody of the child is burdensome to separated couples, just imagine the ordeal of single parents. What exactly are the rights of a child of an unwed mother? As stipulated in Republic Act No. 9225, children conceived or born outside a valid marriage still has the right to establish filiation and their rights as to their inheritance and surname. For the illegitimate children to establish relationship with their biological parent, they need to have the same evidence as the legitimate children.

Proving filiation of legitimate and illegitimate children:

•    Record of birth, which appears in the civil register or a final judgment;

•    Legitimate filiation admission in a public document or any private handwritten instrument, which is signed by the parent concerned.

If the evidence cannot be presented, filiation can be proved by:

•    The continuous and open possession of the status of a legitimate child; or

•    Other means approved by the Rules of Court and special laws.

Laws supporting the right of illegitimate children are also outlined in Republic Act No. 386:

"SECTION 1

Recognition of Natural Children

Article 276. A natural child may be recognized by the father and mother jointly, or by only one of them. (129)

Article 277. In case the recognition is made by only one of the parents, it shall be presumed that the child is natural, if the parent recognizing it had legal capacity to contract marriage at the time of the conception. (130)

Article 278. Recognition shall be made in the record of birth, a will, a statement before a court of record, or in any authentic writing. (131a)

Article 279. A minor who may not contract marriage without parental consent cannot acknowledge a natural child, unless the parent or guardian approves the acknowledgment or unless the recognition is made in a will. (n)

Article 280. When the father or the mother makes the recognition separately, he or she shall not reveal the name of the person with whom he or she had the child; neither shall he or she state any circumstance whereby the other parent may be identified. (132a)

Article 281. A child who is of age cannot be recognized without his consent.
When the recognition of a minor does not take place in a record of birth or in a will, judicial approval shall be necessary.
A minor can in any case impugn the recognition within four years following the attainment of his majority. (133a)

Article 282. A recognized natural child has the right:

(1) To bear the surname of the parent recognizing him;

(2) To receive support from such parent, in conformity with article 291;

(3) To receive, in a proper case, the hereditary portion which is determined in this Code. (134)

Article 283. In any of the following cases, the father is obliged to recognize the child as his natural child:

(1) In cases of rape, abduction or seduction, when the period of the offense coincides more or less with that of the conception;

(2) When the child is in continuous possession of status of a child of the alleged father by the direct acts of the latter or of his family;

(3) When the child was conceived during the time when the mother cohabited with the supposed father;

(4) When the child has in his favor any evidence or proof that the defendant is his father. (n)

Article 284. The mother is obliged to recognize her natural child:

(1) In any of the cases referred to in the preceding article, as between the child and the mother;

(2) When the birth and the identity of the child are clearly proved. (136a)

Article 285. The action for the recognition of natural children may be brought only during the lifetime of the presumed parents, except in the following cases:

(1) If the father or mother died during the minority of the child, in which case the latter may file the action before the expiration of four years from the attainment of his majority;

(2) If after the death of the father or of the mother a document should appear of which nothing had been heard and in which either or both parents recognize the child.

In this case, the action must be commenced within four years from the finding of the document. (137a)

Article 286. The recognition made in favor of a child who does not possess all the conditions stated in article 269, or in which the requirements of the law have not been fulfilled, may be impugned by those who are prejudiced by such recognition. (137)

SECTION 2

Other Illegitimate Children

Article 287. Illegitimate children other than natural in accordance with article 269 and other than natural children by legal fiction are entitled to support and such successional rights as are granted in this Code. (n)

Article 288. Minor children mentioned in the preceding article are under the parental authority of the mother. (n)

Article 289. Investigation of the paternity or maternity of children mentioned in the two preceding articles is permitted under the circumstances specified in articles 283 and 284. (n)"

Purchasing a property can be risky if you are completely clueless about the process that comes with it. If you think handing the money to the developer or property owner entitles you of a piece of land, you may have to obtain additional information because these days, it is easy to be duped by people who are preying on innocent real estate buyers. Just because you are a first-time buyer does not necessarily mean you should allow yourself to fall victim to scams. When buying a property, you can talk directly to the owner or transact with a developer. Acquiring a land may not be a walk in the park for some, if the process is not clear. The first step that a buyer needs to secure when buying a property from individual owners is to ensure that the Certificate of Title is genuine. Anyone can be tricked into believing that a Certificate of Title is genuine, but when you are extra careful, you can save yourself from the trouble and inconvenience.

To check whether the Certificate of Title is genuine, you need to secure a certified true copy of the title from the Register of Deeds. Before you can secure a certified true copy of the Title, you need to request for the title’s photocopy from the seller. Unless discussed, you have to see to it that the title is clean or free from any transaction that can lead to a problem with acquiring the land in the future. Transactions on that transpire on the land are annotated as a rule of thumb. If there are no annotations on the page, then the title is clean.

You will also have to validate at the Register of Deeds if the land you are planning to buy coincides with the description on the Title. There are technical descriptions in the title and a surveyor can help you out in checking if the description matches. Yearly real estate taxes must also be paid and updated. Once a property is sold, the government will impose quarterly payment of taxes. The payment can be negotiated by the seller and buyer. Make sure the sellers are the owner of the property. You may request for the sellers’ valid IDs so you can check if it matches the name in the title. Always verify information in the original title. You may also validate with authority figures if the sellers are the true owners of the property. If you are going to buy a property, which is not a residential subdivision such as beach lot, or raw land, you need to check with the DENR to know about the regulated use of the land.

Essential Legal Procedures In Transfer Of Title:

•    Once the owner and buyer agree on sale of a property, a Deed of Absolute Sales (DOAS) will be created and notarized through a lawyer.

•    It is necessary to secure a Land Tax Declaration from the Bureau of Internal Revenue (BIR) and submit it to the city or municipal Assessor’s office.

•    The buyer will be the one to pay for the real estate tax to the City Treasurer’s Office.

•    The property’s market value will be assessed in the Assessor’s office.

•    The buyer pays the Transfer taxes to the Assessor’s office.

•    Documentary Stamp tax and Capital Gains tax will be paid to BIR.

•    The old title will be cancelled by the Registry of Deeds (RD) and the new one bearing the name of the buyer will be issued.

•    The buyer or the new owner obtains a photocopy of the new title and secures tax declaration from the Assessor’s office.

Have you ever wondered why the roads in Manila and its neighbouring cities continue to be infested with reckless drivers? Aside from the stress that the heavy traffic brings, the tension arises when drivers fail to follow simple road rules and regulations. Countless incidents of road rage have ended into a bloody and deadly argument because of one reason: reckless driving. Why are these drivers granted license when they cannot even follow rules? Simple rules. Ah, it might have something to do with the way a written examination is administered.

The Land Transportation Office (LTO) plays a crucial role in ensuring that the drivers applying for a license are fit and capable of driving people to safety. Whether it is a private or public utility vehicle, it is the driver’s responsibility to provide a safe driving experience to passengers. Road accidents are not an isolated case. It has continued to plague individuals who venture into the concrete jungle of Metro Manila.

By merely looking into the process involved in applying for a driver’s license, you can easily spot where the problem lies. We know for a fact that before you can obtain a driver’s license, you need to pass the written examination, but why would you do that when you can skip the process by paying off the LTO officer in exchange for a passing mark? Upon entering LTO’s premise, you can sure sense the presence of a fixer. Now, if you do not have the luxury of time, a fixer can make your life less miserable. You hand the money, the fixer hands the answer key. Not a wise move though.

While this may not happen on a daily basis, it is a rather a familiar scene in LTO that one cannot afford to turn a blind eye on as road safety is at stake. How can LTO grant a driver’s license to a person who cannot recognize basic road signs and markings? If you plan to secure a driver’s license and take the written examination, these crooks will render your efforts useless because there are undeserving applicants who manage to get their license effortlessly.

So long as this issue is not properly addressed, the driver-licensing examination will continue to be marred by money-making schemes and its credibility will remain questionable. LTO should know that it is not just a simple cheating because as a government agency, they are held responsible for ensuring that the drivers are deserving of securing a license.  Ignorance of the law excuses no one, especially if it is feigned ignorance. How can an individual ensure road safety if being on the road feels as though you are on your final destination? If LTO continues to shrug off these concerns, they are going to build more highways to hell.

Effective March 3, 2016, the Graphic Health Warnings Law or R.A No. 10643 will be implemented to raise awareness to the public on the deleterious effects of smoking to one’s health. It has been known that smoking can cause various illnesses such as stroke and mouth cancer. While the government has implemented SinTax Reform Law to reduce the number of smokers in the country, seeing images of the negative effects of smoking can somehow urge smokers to kick the habit.

The gruesome images will be printed on the cigarette packs and with the element of fear in these images, the frequency of smoking will eventually lessen. It is expected that all cigarettes sold in the market have graphic warnings that cover a pack’s lower half. There should also be additional information on side panels including the websites and hotlines that cater to smoke related concerns.

A fine of up to P500,000 will be imposed upon manufacturers, importers and distributors who violate the law on the first offense. The penalty will be raised to P1 million on the second offense. The fine can reach up to P2 million on the third offense and law violators will serve a sentence of not more than five years in prison. Shops that violate the law will also be at risk of losing their business permits.

Section 6 of Republic Act No. 10643 explains how the graphic images must printed on cigarette packs:

“SEC. 6. Graphic Health Warnings. – One (1) year after the issuance of the templates by the Department of Health (DOH), cigarette packages and other tobacco product packages, including package inserts and onserts, and any outside packaging and labelling, withdrawn from the manufacturing facilities, or imported into the Philippine customs territory shall bear the prescribed highly visible full-color Graphic Health Warnings, that shall have two (2) components: a photographic picture warning and an accompanying textual warning that is related to the picture.

(a) The Graphic Health Warnings shall be printed on fifty percent (50%) of the principal display surfaces of any tobacco package; it shall occupy fifty percent (50%) of the front and fifty percent (50%) of the back panel of the packaging, as described in Section 4;

(b) The Graphic Health Warnings shall be located at the lower portions of the said panels or Principal Display Areas;

(c) Nothing shall be printed or applied on a location where it is likely to obscure or cover, in part or in whole, the Graphic Health Warnings or the location where the internal revenue strip stamp is to be affixed as may be required by the BIR;

(d) No part of the warning may be obliterated, obscured, folded, severed or become unreadable when the tobacco package is opened or closed or when a wrapper on the package is removed;

(e) The Graphic Health Warnings shall be printed in four colors /-cmyk-/ screen 133 lines per inch based on a source file of 300 dpi;

(f) The printing of the Graphic Health Warnings shall be done using current available technology for purposes of providing vivid and realistic pictures, without the use of any border, frame or any other design that will effectively lessen the size of the warning;

The Graphic Health Warnings shall be printed or inscribed on the package in a color which contrasts conspicuously with the background of the package or its labels;

(g) A maximum of twelve (12) templates of Graphic Health Warnings shall be printed simultaneously and these shall be rotated periodically for each brand family and also for each variant, so that every twenty-four (24) months, the variations of the warnings shall appear in the market with approximately equal frequency and equal display of health warnings and messages on retail packages; and

(h) Graphic Health Warnings specifications –

(1) The text warning accompanying the photographic picture warning shall be worded in such manner that an ordinary layman will understand what the picture is about and what the ill-effects of smoking are on the health of the smoker and on the people around him;

(2) The text warning shall be placed on areas of the photograph where it will not obscure the picture itself but will be prominently displayed;

(3) The text shall use no more than twenty percent (20%) of the entire area of the Graphic Health Warnings and shall appear in clearly legible type and in contrast by typograph, layout and color, without the use of any border, frame or any other design that will effectively lessen the size of the textual warning; and

(4) The accompanying text shall be printed in Filipino on the front panel and English on the back panel. In the case of other containers where there is only one (1) external surface area, the accompanying text will alternately be in English or Filipino.

Fraternities, sororities and other organizations in and out of the campus consider hazing as an initiation rite. Whoever survives becomes a full-fledged member of an organization. Unfortunately, hazing has affected the lives of neophytes and their families due to the numerous cases of death. The bill, if enacted into a law will impose stiffer penalties against all kinds of hazing activities. Fraternities and sororities will also be closely monitored to ensure that this unacceptable initiation rite will be prevented from taking place. The Department of Justice (DOJ) supports House Bill 5760 and shares the same intention of putting a stop of fraternity violence, which is prevalent in the campus.

If this house bill will be enacted into a law, Republic Act No. 8049 or the Anti-Hazing Law will be repealed. The bill will also provide restriction of community-based fraternities and the penal provisions will be more rigid. If the members and officers of the organization have been found guilty of committing a crime of hazing, they will pay a fine of P1 million and serve a sentence of 12 to 20 years in prison.  Members and officers who are under the influence of illegal drugs or alcohol will pay a fine of P2 million. Life imprisonment will also be imposed upon them. There will be greater penalties if the hazing rite resulted in the death, mutilation, rape of any individual. There are several proposals related to the regulation of hazing and other forms of initiation rites. Two of which have been proposed by Senator Tito Sotto and Senator Miriam Defensor-Santiago.

Here’s the summary of the current anti hazing law (R.A. 8049:

“Section 1. Hazing, as used in this Act, is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury. 

The term "organization" shall include any club or the Armed Forces of the Philippines, Philippine National Police, Philippine Military Academy, or officer and cadet corp of the Citizen's Military Training and Citizen's Army Training. The physical, mental and psychological testing and training procedure and practices to determine and enhance the physical, mental and psychological fitness of prospective regular members of the Armed Forces of the Philippines and the Philippine National Police as approved ny the Secretary of National Defense and the National Police Commission duly recommended by the Chief of Staff, Armed Forces of the Philippines and the Director General of the Philippine National Police shall not be considered as hazing for the purposes of this Act. 

Sec. 2. No hazing or initiation rites in any form or manner by a fraternity, sorority or organization shall be allowed without prior written notice to the school authorities or head of organization seven (7) days before the conduct of such initiation. The written notice shall indicate the period of the initiation activities which shall not exceed three (3) days, shall include the names of those to be subjected to such activities, and shall further contain an undertaking that no physical violence be employed by anybody during such initiation rites. 

Sec. 3. The head of the school or organization or their representatives must assign at least two (2) representatives of the school or organization, as the case may be, to be present during the initiation. It is the duty of such representative to see to it that no physical harm of any kind shall be inflicted upon a recruit, neophyte or applicant.”

Netizens irked by Manny Pacquiao’s statement on same-sex marriage and the boxer/politician seemed to throw the wrong punches. The statement was captured in a video that went viral and earned mixed reactions most of which were negative due to deeming those engaged in same-sex relationships to be “worse than animals”. Pacquiao runs for a seat in the senate and he has been known as a Christian devotee. The video was posted on the election site of a TV network.

Even celebrities have a negative reaction to his statement particularly those from the LGBT community. Pacquiao’s statement was based on his strong religious beliefs and in spite of apologizing to the LGBT group, he remains firm on his stand on same-sex marriage. Politicians have different views on same-sex marriage. Some want it legalized, while others still do not agree to the idea.  

Leni Robredo, a vice presidential aspirant of the Liberal Party wanted same-sex marriage legalized. Robredo is also an avid Catholic church-goer, but she also takes moral and legal standards into consideration. According to her statement, these standards must be protected by the church and the state. This statement was taken from her interview in November issue of Esquire.

However, the Catholic Church in the Philippines is not in favour of legalizing same-sex marriage. Archbishop Socrates Villegas, President of Catholic Bishops Conference of the Philippines, is against same-sex marriage legalization and urge Filipinos to do the same.

Senator Juan Ponce Enrile also supports Pacquiao’s stand on same-sex marriage. Enrile is confident that Pacquiao will still win without the votes from LGBT community. On the other hand, presidential candidates, Davao City Mayor Rodrigo Duterte and Senator Grace Poe have nothing against same-sex marriage and strongly support gender-equality.

Same sex marriage bill has once been proposed in Congress, but its approval is far from happening due to mixed speculations. For those who are supporting same-sex marriage, it is more than just being entitled to the right to marry regardless of gender preferences. It is more of having equal protection, which has nothing to do with one’s religious beliefs.

Same-sex marriage needs to be viewed from a legal perspective and it will definitely breed never-ending debates before it can be legalized. While the bill is still pending in Congress, people who are in favour of enacting the bill into a law should hope for the best and of course, prepare for the worst because in a conservative country where majority of the population are Catholics, this bill still has a long way to go.

One thing that locals and tourists explore in a town or city is its sights to behold, but behind the picturesque façade lays another ugly face of corruption that seems to lurk everywhere. Towns have been competing against each other to win the coveted title for the cleanest and greenest, but a town with a huge volume of garbage is just a living mockery of every town’s aspiration to become a liveable place. The plan for putting up a sanitary landfill has not been materialized and there are a thousand and one reasons the sanitary landfill never came to existence. None of these reasons seem believable considering there is budget allocated for this project.

Due to failing to construct sanitary landfills, the local governments will be facing environmental charges. According to Mayor Juancho Alvarez of Ajuy, in Iloilo province, they wanted to put up a sanitary landfill, but the cost of construction and the volume of garbage were just overwhelming. Alvarez also added that in spite of the presence of materials recovery facility (MRF) that caters to five of the town’s 34 barangays, the facility just wouldn’t suffice.

Aside from the huge volume of garbage in Iloilo province, Cebu province is also facing the same problem with disposal and according to Mayor Joel Quiño of Compostela, Cebu, the local government was taking all available measures to dispose of the town’s garbage. Quiño added that they do not have the estimated P20 million to build a sanitary landfill.

There are 50 local government units (LGUs) that are currently under investigation for violating RA 9003. According to the law, towns are mandated to put up sanitary landfills, recycling and material recovery facilities. The officials who failed to comply with the standards for solid waste management have yet to answer complaints filed by the National Solid Waste Management Commission on February 10.

Under section 49 of republic Act 9003, the fines and penalties for violation are the following:

“Section 49. Fines and Penalties -

(a) Any person who violates Sec. 48 paragraph (1) shall, upon conviction, be punished with a fine of not less than Three hundred pesos (P300.00) but not more than One thousand pesos (P1,000.00) or render community service for not less than one (1) day to not more than fifteen (15) days to an LGU where such prohibited acts are committed, or both;

(b) Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction be punished with a fine of not less than Three hundred pesos (P300.00) but not more than One thousand pesos (P1,000.00) or imprisonment of not less than one (1) day but to not more than fifteen (15) days, or both;
(c) Any person who violates Sec. 48, pars. (4), (5), (6) and (7) shall, upon conviction, be punished with a fine of not less than One thousand pesos (P1,000.00) but not more than Three thousand pesos (P3,000.00) or imprisonment of not less than fifteen (15) day but to not more than six (6) months, or both;

(d) Any person who violates Sec. 48, pars (8), (9), (10) and (11) for the first time shall, upon conviction, pay a fine of Five hundred thousand pesos (P500,000.00) plus and amount not less than five percent (5%) but not more than ten percent (10%) of his net annual income during the previous year.

The additional penalty of imprisonment of a minimum period of one (1) year but not to exceed three (3) years at the discretion of the court, shall be imposed for second or subsequent violations of Sec. 48, pars. (9) and (10).

(e) Any person who violates Sec. 48, pars. (12) and (13) shall, upon conviction, be punished with a fine not less than Ten thousand pesos (P10,000.00) but not more than Two hundred thousand pesos (P200,000.00) or imprisonment of not less than thirty (30) days but not more than three (3) years, or both;

(f) Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon conviction, be punished with a fine not less than One hundred thousand pesos (P100,000.00) but not more than One million pesos (P1,000,000.00), or imprisonment not less than one (1) year but not more than six (6) years, or both.”

We paid, they collected, we suffered. How about diving in a cesspool full of corrupt government officials waiting for another unsuspecting victim to prey on? P50 fee may not seem like a big deal but when this is paid for the supposed Land Transporation Office (LTO) stickers, you will wonder, where in the world did your money go? Did it just self-destruct or disappear into thin air after the people from LTO receive the fee? This excuse is tongue-in-cheek. Maybe the stickers are really existent except that only wise people can see them (talk about Emperor’s New Clothes). Let us know if that is the case and we will pretend that we do see those “special stickers”.

While the amount may not be something for a car owner to worry about, after all, it is just 50 pesos, but collectively, they are worth millions. These fees are collected from an estimated eight million car owners, and when the owners of registered vehicles came to collect the stickers, the agency known for its notoriety has nothing (as in zero) to show. The million dollar question is: where have all those fees gone?

It is easy to fabricate stories as to why the stickers are not yet available. These people from LTO can just tell car owners that the magical paper used for creating the stickers are not yet available. Of course, these car owners are not gullible to buy such a phony story. If you are already getting used to this kind of system, paying another P50 for “new stickers” may no longer be a big deal, but it does leave a bad taste in your mouth. How can you put your trust in these agencies when all they do is to scam people in many guises?

LTO is not only facing serious issues with releasing of stickers but license plates as well. They require motorists to pay the fee, but the stickers are not delivered. According to reports, LTO only released stickers for two-wheeled vehicles, but not for four-wheeled vehicles. This waiting game is going to test the motorists’ patience.

If you have keenly observed the number of years you have been paying for these stickers, you will come to realize that you have been completely ripped off. You were tricked into believing that these stickers really exist, but they are just a façade of the dark truth about unscrupulous fee collection that has been dragging LTO into the quagmire of corruption. From a far, these people looked as though they were drowning, but they are simply waving the fees they collected from motorists.

If there is one routine that most people are stuck in, it is taking rants to social media at the same rate an individual changes clothes. During a social-media induced hysteria, your fingers seem to have a mind of their own. They think for themselves carrying one sole mission: to win the cyber word war. Online bashing or cyber bullying has become prevalent during the election period. Just visit one of the electoral candidate’s Facebook page and you will realize how a die-hard supporter can dominate the comments section.

Social media users enjoy basking in the glory of anonymity that it becomes an addiction like a druggie to cocaine. Online bashers can easily get out of this situation scot-free because they can create fake accounts and comment as they please. Unfortunately, these internet trolls just do not know when to stop because they know no limitations. They can post rude comments in rapid succession and get away with it.

These social media platforms have become an avenue for no-holds-barred expressions and a passive-aggressive way of venting out. Employees who are against their employer may choose to create a Facebook Group where they can freely express their turmoil and discontentment. These individuals can put up a façade and report to work as though everything is perfectly fine. Cyber bullying comes in many forms, but it yields the same negative result.

A bill that may soon put a stop to cyber bullying has been proposed by Camarines Sur Representative Rolando Andaya. Anti-Cyber Bullying Act of 2015, if enacted into a law cyberbullies will receive a penalty between six months and six years imprisonment. They will also pay a fine of not less than P50,000 to a maximum of 100,000.

The following offenses are considered to be a violation of anti-cyber bullying act of 2015:

“a) Repeatedly sending offensive, rude and insulting message;

b) Distributing derogatory information about the victim;

c) Posting or sending offensive photos of the victim, whether these are digitally altered or not, or were taken with or without consent, with the intention to humiliate and embarrass the victim;

d) Breaking into an email, social networking or any electronic account and using the victim’s virtual identity to send, upload or distribute embarrassing materials to or about others;

e) Sharing the victim’s personal information or any embarrassing information, or tricking the victim into revealing personal or embarrassing information and sharing it to others; and

f) Repeatedly sending messages that include threats of harm or engaging in online activities that cause fear on the victim’s safety.”

You can lose your temper once you reach your boiling point. It can be due to a number of reasons such as betrayal. What would you do if your spouse commits adultery? Some can easily forgive a person and start a new life, but there are those who just cannot bury the hatchet. This means they can put matters into their own hands by killing the person responsible for committing such a crime.

Article 247 states:

“ Death or physical injuries under exceptional circumstances. — Any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injuries, shall suffer the penalty of destierro.

If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.

These rules shall be applicable, under the same circumstances, to parents with respect to their daughters under eighteen years of age, and their seducers, while the daughters are living with their parents.

Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall otherwise have consented to the infidelity of the other spouse, shall not be entitled to the benefits of this article.”

The law only applies if the following elements are present:

“1. The offender is any legally married person;

2. The offender surprises his spouse in the act of committing sexual intercourse with another person;

3. The offender kills or seriously injures any or both of them;

4. The offender kills or seriously injures during the act of sexual intercourse or immediately thereafter.”

Some people often say that credit cards are only intended for responsible adults who can handle finances properly. Without a doubt, credit cards offer convenience as you do not have to bring cash to pay for your purchases. However, this plastic money can show its sharp fangs and talons to those who are unable to make timely payments. Yes, it is a harmless card that provides you the privilege to make cashless payment, but you can be a slave to debt if you are not a responsible credit card holder. Some may think that the state of being indebted is a humiliating experience, but the truth is, it is a humbling experience as it teaches you one valuable lesson that can make you a better person if and only if you learn from it.

Credit card holders who are being harassed by collectors are a scenario that does not happen once in a super blue moon. There are lots of horror stories involving a credit card holder and a collection agency and if you do not know your rights as a cardholder, the experience can be debilitating. If you have received incessant calls demanding of a payment for your overdue credit card bills, take a deep breath and heave a sigh of relief as it is not the end of the world.

You do not have to make yourself suffer just because of a credit card debt. You can still become debt-free provided, you take full responsibility for mishandling your credit card finances. Some collectors may contact the credit card holder in the wee hours of the morning or late at night just to make the person pay the past due amount. Unless the cardholder has given permission to contact them during these times, calling the cardholder at inconvenient times is prohibited. This violation is under BSP Circular No. 702, Series of 2010.

Under Section 3 and 4 of the circular, the credit companies should do the following:

“1. notify the card holder in writing of the endorsement of the collection to an agency at least seven days before the actual endorsement;

2. give the defaulting credit card holder the name of the agent assigned to the account once they have endorsed the collection to a third-party;

3. change all disclosure documents and marketing materials so that they are printed in plain language and in bold black letters against a white background using the Arial font and a minimum 12 point font size. “

The consumer protection also indicates that a cardholder should also have the option to take advantage of various payment options. If the cardholder cannot pay the debt in full, other repayment plans should be available to them.

Credit card companies who fail to observe the procedures will receive the following sanctions:

“ First offense: Reprimand for the directors/officers responsible for the violation.

Second offense: Disqualification of the bank concerned from the credit facilities of the BSP except as may be allowed under Section 84 of R.A. No. 7653 (“New Central Bank Act”).

Subsequent offenses:

Prohibition on the bank concerned from the extension of additional credit accommodation against personal security; and
Penalties and sanctions under Sections 36 and 37 of RA 7653”

When you have sluggish internet speed like that of a ghost dragging heavy chains, the first thing that comes to mind is to let your internet service lay to rest. Aside from the country’s traffic situation that will make you want to crawl in a big black hole, the slow internet speed is one of the reasons for Pinoy woes. These days, many individuals are relying heavily on internet for business and personal transactions.

Sluggish internet speed can have a negative impact on the economy. However, a strong and effective plan to address internet speed woes has not yet been formulated. Voters are also looking for digital leaders who can do something about the country’s slow internet speed. The internet service is one of the overlooked issues in the country, but little do these leaders know that students and entrepreneurs alike have heavy reliance on the internet.

The Kabataan Party Representative Terry Ridon proposed Free Public Wi-Fi Act or House Bill 5791. This house bill also aims to improve the internet service in the country and since a large number of voters are also turning to social media to get updates on election candidates, a faster internet speed can definitely address such concerns.

It is a sad fact that next to Afghanistan, the Philippines has the second slowest download speed among 22 countries in Asia. This is based on a 2015 study conducted by Ookla, an Internet Performance data provider. On average, the country can only offer 3.64 megabits per second (mbps) and this is not even half the average speed of other countries in the whole world. The cost of the Internet service also gives additional burden to subscribers.

The most number of internet users in the country belongs to young voters. This is why a presidential candidate who has the ability to put an end to the Internet woes of the country can be a good option to consider. Other countries such as Singapore have an average speed of 12.7 mbps and due to the fact that there are 44 million active users of various social media platforms such as Twitter, Facebook and Instagram, our country is trailing behind.

Netizens who have long been hoping for a much reliable internet speed will surely breathe a sigh of relief if there is a digital leader who will take a stand and make a change. While pushing for fast internet speed may not be the all and end all of presidential campaigns, it can still make a huge difference.

Aside from knowing the essential elements of a rental contract, tenants and landlords are also interested to know the law on tenant eviction in the Philippines. The rental law varies from country to country and with that being said, tenant eviction cannot take place if it does not coincide with the local law.  More often than not, non-payment is the most common reason for tenant eviction but before a landlord can evict a tenant, certain obligations must also be taken into consideration.  A landlord must ensure that the unit is habitable. The owner must also be compliant with health laws and building statutes.

A property owner or landlord cannot evict a tenant immediately without delivering three day notice. It is against the law to change the locks without the tenant’s consent. If the tenant’s eviction is due to non-payment and the tenant decides to pay the rent, then the problem has been resolved. However, if the tenant refuses to pay or leaves the property, the issue will be taken to court. For both parties, the process can be very expensive and time-consuming.

A landlord must also keep in mind that eviction does not happen in an instant. If the tenant fails to pay for three consecutive months, the landlord has the right to sue the tenant. The landlord needs to wait for the tenant’s response to a writ given by the court indicating abandonment. The police will be the one to evict a tenant under court order.

Aside from non-payment, a landlord has the right to evict a tenant for subleasing a property or unit without prior consent from the landlord. If the landlord decides to repair or use the unit, the tenant must also vacate the property at a given time. In theory, the tenant is given three month formal notice, which can be delivered by mail or handed personally to the tenant. If the property will only undergo repair, the tenant has the right to rent the property again. For condemned buildings or units, the landlord should give a fifteen day notice to the tenant to leave the unit.

While it can be frustrating to evict a tenant who refuses to pay rent after the grace period, the landlord should not take the matter into his own hands. Instead, call the police to evict the tenant to avoid facing serious consequences. Landlords are also encouraged to make the tenant leave the property voluntarily because taking the matter to court is costly and can take so much of your precious time.

Before you earn yourself a spot in a company, there are pre-employment requirements that you need to comply as part of the hiring process. One of which is securing a police clearance certificate. This document is also one of the essential requirements in applying for passport and other government IDs. The purpose of police clearance is to prove that the person does not have any criminal record in the police department. It can also be used as a replacement for NBI clearance, if it is not yet available. Applying for a police clearance certificate is pretty straightforward because all you have to do is to go to the nearest Philippine National Police (PNP) headquarters and fill out the form.

Police clearance certificates are much easier to secure than NBI Clearance, where you have to wait long hours to secure a certificate. Before you can secure a police clearance, you need to fill out an application form, which is available at the PNP headquarters. You will also need to secure a Barangay clearance, recent cedula or community tax certificate and P100 as payment for the certificate. You will need to bring the original and photocopy of these documents. The PNP office will also capture your photo so you do not have to bring one. Your purpose of getting a Police Clearance must also be stated.

It is important that everyone is aware of the correct process of getting a police clearance to keep scammers at bay. Distributors of fake police clearances were recently busted due to issuing fake clearance certificates. When the fake police clearance was checked, it looked like the genuine copy of the certificate. It even bore the signature of Police Chief Inspector Rogelio De Lumen, who is the chief of QCPD’s Warrant and Subpoena Section, and Police Chief Supt. Edgardo G. Tinio, QCPD director.

These fake police clearances are sold at P300, which is unusually higher than the actual cost of getting a clearance certificate from the PNP office. The said arrest took place when one applicant complained about the overpricing of the said document. Public documents can be easily copied as the distributors have the necessary tools and access for reproducing them. For an unsuspecting victim, these police clearances sure appear to be genuine. The public is advised to be keen on checking the document’s authenticity. Fixers often offer to process your documents, assuring you of a shorter processing time for a much higher price. The inconvenience can be avoided once you know where police clearances must be secured.

Have you ever been told not to sign a contract without taking time to read the terms and conditions? While every contract is created in good faith, there are instances when conditions are not something that every tenant can agree on. Landlords and tenants may have verbal agreements, but these can be reversed in a written contract. Before signing a contract, take time to read the fine print and getting a property lawyer to help you understand the terms and conditions will also be a wise move. A contract is essential for both short-term and long-term rentals. It binds agreements and protects both parties in the event the contract is breached.

Before a tenant can rent a residential property, landlords will require a deposit. This is often referred to as security deposits. In most cases, the rules for security deposits are almost similar in many countries. The tenant is required to pay a fixed amount, which will be used for repairing damages that the tenant incurs. However, the landlord will pay the deposit back if there is no damage to the property.  Unfortunately, there is no way to prove that a tenant has left the property damage-free unless pictures were taken. This is why tenants must make an effort to take pictures when moving in as a way of documenting any damage that is already present prior to occupying the property. You can present the proof once the landlord inspects the rental property.

Aside from deposits, another area of concern for tenants is the security of the rental property. While this can be pretty subjective especially when this is based on the location where the property is situated, a tenant always looks for a property that can ensure their safety. To reduce the chances of being robbed, it is necessary to check the security measures of your prospective rental location. More often than not, condos are equipped with security cameras to closely monitor day-to-day activities.

In the previous years, tenants are protected by Rent Control Act of 2009, but this act has already expired on December 31, 2015.  Reading and understanding the elements of contracts are the tenant's and landlord's line of defense.

Vital Elements Of A Rental Contract

•    Responsible parties. All tenants or lessees must be listed to ensure that all the adult individuals on the contract are jointly liable for breach of contract.

•    Payment and deposit. The contract must also indicate all monetary provisions including the rental amount and the security deposit. The frequency of payment and the acceptable modes of payment must be included.

•    Summary of fees. Other fees must be outlined and the parties responsible for each should also be indicated.

•    Rules, limitations, policies and disclaimers. As a landlord, policies on pets, sub-letting and allowing visitors should be clearly stated. This way, the lessees are not going to feign ignorance in case issues related to rental agreements arise.