How do you feel about people on the streets begging for money or food? Does your generous nature tell you to give or do you believe that they should also work hard to earn a living? Mendicants are the faces of poverty. They are the reality that the world is trying to hide. You will see them carrying infants, no one can tell if those are really theirs. Some towns turn them over to development centers so they can have temporary shelter especially during special events. However, they consider the streets their home. Although the law has been in existence for decades, President Rodrigo Duterte seeks to abolish anti-mendicancy law. 

Sec. 4. Apprehension Of And Services For Persons Found Begging. Any infants or child 8 years old and below who is found begging or is being utilized by a mendicant for purposes of begging shall be apprehended as a neglected child under Article 141 of PD 603 and shall be committed to the custody and care of the Department of Social Services and Development or to any duly licensed child placement agency or individual.

Any minor over 9 years of age under 15 found begging or is being utilized for purposes of begging and who acted without discernment shall be apprehended as a neglected child under Article 141 of Presidential Decree No. 603 and shall be committed to the custody and care of the Department of Social Services and Development or to any duly licensed placement agency or individual.

Any minor over 9 years of age and under 15 who is found begging or is being utilized for the purpose of begging and who acted with discernment shall be proceeded against in accordance with the provisions of Chapter 3, Title VIII of Presidential Decree No. 603.

Any person not otherwise covered in the preceding paragraph of this Section who is found begging and who is physically or mentally incapable of gainful occupation shall be provided the integrated package of services by the Department of Social Services and Development, the Welfare units of local governments and other cooperating agencies.

Sec. 5. Criminal Liability. A mendicant as defined in Paragraph (a) Sec. 3 hereof, shall, upon conviction, be punished by a fine not exceeding P500.00 or by imprisonment for a period not exceeding 2 years or both at the discretion of the court.

A habitual mendicant shall be punished by a fine not exceeding P1,000.00 or by imprisonment for a period not exceeding 4 years or both at the discretion of the court.

Parents of exploited infants or minors under Sec. 4 of this Decree shall be proceeded against in accordance with Articles 59 and 60 of Presidential Decree No. 603, unless they are themselves mendicants.

Any person who abets mendicancy by giving alms directly to mendicants, exploited infants and minors on public roads, sidewalks, parks and bridges shall be punished by a fine nor exceeding P20.00.

On October 4, 1961, back in the day when the Pangilinan Law was not yet in existence, the legal age for men and women were 16 and 14 respectively. The new generation may no longer be familiar with Marcial "Baby" Ama. However, earlier generations can recognize this notorious person, who ironically, gain folk hero status when his biography was turned into a movie in 1976.  Baby Ama was a minor executed via electric chair. He was nicknamed "Baby" because of his youthful good looks. The nickname may sound innocuous, but Marcial Perez (Baby Ama) did not fit the definition. 

Perez was imprisoned due to stealing money. It was said that he stole money to help a friend. When Perez was incarcerated, life became much harder for him. Aside from being the subject of abuse and ridicule, his wife also committed suicide due to being sexually abused by a prison guard. This is when Perez became fiercer than he was. Aside from being a hitman inside the Bilibid prison he was also the leader of a notorious gang, Sige-Sige Gang. 

He earned his notoriety when he spearheaded the biggest riot in Bilibid Prison. It was considered to be the deadliest as well with 9 inmates killed  and one of them beheaded. Perez was found guilty of stabbing a man to death. Hence, he was sentenced to death by electric chair. 

Under Section 6 of the Republic Act No. 9344 otherwise known as the Juvenile Justice and Welfare Act of 2006, "A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act.

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

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

The bill lowering age of criminal responsibility from 15 years old to 9 has not received a positive response from lawmakers. Even 55% of Filipinos according to a survey conducted by Pulse Asia on May 5, 2017 are not in favor of the bill reducing the age of criminal liability. Although the age of criminal responsibility remains subjective, the fact cannot be denied that there are still minors who do not even undergo any type of due process, guilty or not guilty. That said, one cannot simply dismiss untimely death by random execution as collateral damage or worse, another "isolated case".  Once an epitome of notoriety, Baby Ama is now a case study. His behavior used to make people cringe, but in the era of war pigs, violence is the new normal. 

Nowadays, people have instant access to information by just turning to social media. Your newsfeed can be flooded by all types of news including those that are unverified. Sharing or liking a post regardless of its source, seems like the norm these days. It can't be wrong when everyone is doing it right? Wrong. Just because we are living in the digital age does not mean that everything we stumble upon the Internet is 100% true.

Some of them are half-baked facts (if it could still be called a fact). For instance, there are many warnings circulating around SocMed about products with deadly ingredients, insane people who are spreading diseases and whatnot. Some who are not completely aware of the sources of these articles or hoax for that matter, will share it in the hopes of raising awareness. I myself have received a lot of false news, but it does not hurt to verify before you click the 'share' button. 

Since sharing or publishing false news can endanger the public, President Rodrigo Duterte has signed the new law imposing a stiffer penalty to any person who publishes false news by means of printing, lithography and any other means of publication. The President has signed Republic Act (RA) 10951, amending fines and amounts under the Revised Penal Code, which has been in existence for 87 years. 

Aside from a fine of P200,000, those who violate the law will face imprisonment for up to six months. The amendment can be found under Section 18, Article 154 of RA 10951 otherwise known as An Act Adjusting The Amount Or The Value Of Property And Damage Which A Penalty Is Based And The Fines Imposed Under The Revised Penal Code Amending For The Purpose Act No. 3815.

Art. 154. Unlawful us of means of publication and unlawful utterances. -The penalty of arresto mayor and a fine ranging from Forty thousand pesos (P40,000) to Two hundred thousand pesos (P200,000) shall be imposed upon:

"1. Any person who by means of printing, lithography, or any other means of publication shall publish or cause to be published as news any false news which may endanger public order, or cause damage to the interest or credit of the State;

"2. Any person who by the same means, or by words, utterances or speeches shall encourage disobedience to the law or to be constituted authorities or praise justify, or extol any act punished by law;

"3. Any person who shall maliciously publish or cause to be published any official resolution or document without proper authority, or before they have been published officially; or 

"4. Any person who shall print, publish, or distribute or cause to be printed, published, or distributed books, pamphlets, periodicals, or leaflets which do not bear the real printer's name, or which are classified as anonymous."

The illegal dismissal of an employee is one of the most common labor cases filed in the Philippines. Termination of employment should undergo due process. The processes include notice of dismissal, which requires employers to furnish a written notice stating grounds for the employees' dismissal. The employee will be given a chance to answer the allegations within a reasonable period. Once the employer receives the answer from the employee, the employer may provide an opportunity to the employee to defend themselves. After the hearing, the notice of decision will be released stating reasons for the dismissal. The notice of decision will be in writing. The final step will be the submission of the  report on dismissal to the regional office. 

Just Causes For The Dismissal Of An Employee

As stated under 282 of the Labor Code, an employer has the right to terminate an employment for the following reasons:

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

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

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

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

(e) Other causes analogous to the foregoing.

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

Dismissed employees are not entitled to separation pay if the cause for dismissal falls under any of the five circumstances stated under Article 282. However, if termination of employment was due to the installation of labor-saving devices or redundancy, the employee shall be entitled to a separation pay. 

Taking an oath is not just an admission to practice law. Since it is taken before the Supreme Court, lawyers are also expected to uphold principles and values expected from lawyers. An oath is not just a spoken word. It is not just something that you utter and forget the moment you step out of the Supreme Court. Once you take oath, you are tied to the duties and responsibilities of a lawyer and infringement will lead to suspension, disbarment and other disciplinary actions. The Supreme Court states that "If the practice of law is to remain an honorable profession and attain its basic ideal, those enrolled in its ranks should not only master its tenets and principles but should also, in their lives, accord continuing fidelity to them. Thus, the requirement of good moral character is of much greater import, as far as the general public is concerned, than the possession of legal learning. Lawyers are expected to abide by the tenets of morality, not only upon admission to the Bar but also throughout their legal career, in order to maintain one's good standing in that exclusive and honored fraternity. Good moral character is more than just the absence of bad character. Such character expresses itself in the will to do the unpleasant thing if it is right and the resolve not to do the pleasant thing if it is wrong. This must be so because vast interests are committed to his care; he is the recipient of unbounded trust and confidence; he deals with his client's property, reputation, his life, his all."

Here is one case of disbarment/suspension of a lawyer:

In the administrative case, complainant Delia Murillo had written a letter to the Chief Justice, date April 1, 1958, alleging that Superable employed her in his office, took advantage of her status as an employee, made love to her and even proposed marriage; that although she had informed him that she was a married woman, still he assured her that he being a lawyer with the necessary connections, they could arrange the matter and still marry each other; that he finally convinced her and because he was her employer, she finally gave herself up to him and they cohabited for some time, as a result of which cohabitation, a child was born, who was named Nicolas Superable III, but that later on, he abandoned her, for which reason she filed the charges above-mentioned.

Upon receipt of her letter, this Court ordered Superable to file his answer. In the same, he admitted having employed Delia Murillo in his office. He claims that when she applied for the job, she introduced herself as an unmarried woman and because of that information, he really made love to her and even proposed marriage, but that some time in October, 1956, a friend of his informed and warned him that she was not single but was married to one Mr. Rosario, although they were living apart; that he also found out later Delia and had been maintaining intimate relations with other men, such as a certain Ricardo Macalla, an employee of the Tacloban Electric Light and Ice Company. He flatly denied that he was the father of the child named Nicolas Superable III. In his answer Superable also voiced his suspicion that the complaint of Delia Murillo was instigated by the Tacloban ElectricLight and Ice Company, which he had been attacking in his newspaper, the Eagle, a weekly paper published in Tacloban, Leyte, his attacks having as their target the exorbitant rates charged by the company, the harsh andunreasonable practice followed by the same, such as, disconnecting the electric line to houses whose owners failed to pay their accounts at the end of the month. Superable also presented in support of his answer the affidavits of Enrique Militante and Segundino Villablanca.

Apparently satisfied with his answer, this Tribunal by resolution of May 26, 1958, dismissed the complaint of Delia Murillo for lack of merit. However, this dismissal did not end the case. It had its sequel.

On May 19, 1958, about seven days before the dismissal of the administrative case, Superable also wrote a letter to the Chief Justice, requesting that some sort of action be taken against Dodong R. Herrera, Noning Susaya andFrank Morada, all of Tacloban City, the first being the owner, proprietor, publisher and editor of the tabloid Eastern Star, a weekly published in Tacloban City, the second and third being the business manager and circulation manager, respectively, of said paper; Delia Murillo, the same complainant in the administrative case, and Victoriano Chan, general manager of the Tacloban Electric Light and Ice Company. The burden of the letter was that on May 17, 1958, that is to say, two days before his letter and about nine days before the main case for disbarment or disciplinary action against him was dismissed, the persons above-mentioned had published in the Eastern Star the charges or complaint filed by Delia Murillo against him; that said publication was a violation of the Rules of Court, which considers private and confidential proceedings against an attorney; and that the publication had cause him mental anguish and suffering, besmirched his reputation and made him the object of public ridicule, besides reducing his clientele in his practice of law, at the same time causing him considerable embarrassment, both professionally and socially. Attached to said letter of Superable was a copy of the issue of the Eastern Star where the publication was made.

Acting upon the letter of Superable, this Tribunal by Resolution of June 9, 1958, ordered the five persons, Dodong Herrera, Noning Susaya, Frank Moraga, Delia Murillo and Victoriano Chan to show cause within ten from notice why they should not be declared in contempt of court and punished accordingly. Pursuant to our resolution, the five respondents filed their answer on July 8, 1958, the first three admitting the publication but claiming that it was done only to help the court in arriving at the sound and correct determination of the main case, namely, the administrative charges against Superable; that the news item or publication was devoid of any editorial comment; that they were not aware of Section 10 of Rule 128 of the Rules of Court. Delia Murillo and Victoriano Chan denied any connection with the publication. On July 10, 1958, Dodong Herrera, Noning Susaya and Frank Morada filed a supplemental answer, and by our resolution of July 14, 1958, complainant Superable was required to file a reply to the answer and supplemental answer, which he did on October 29, 1958.

The contempt incident was set for hearing on December 5, 1958. On December 3, 1958, the five respondents filed a motion for postponent of the hearing, and the following day, they filed a motion for the appointment of a commissioner to hear the case, for the reason that it required the reception of evidence from both parties, and that considering the distance from Tacloban City, where they resided, to Manila, it was convenient and proper to hold the hearing in Tacloban.

By resolution of December 5, 1958, we denied the motion for postponement of hearing and both parties were given a period of twenty days within which to submit simultaneously their respective memoranda in lieu of oral argument. But upon consideration of the motion praying for the appointment of a commissioner to receive evidence, the Court resolved to give the movants twenty days within which to submit a deposition.

On December 26, 1958, complainant Superable filed his memorandum with several annexes, consisting mostly of issues of the newspaper Eagle, which he edited and published, and of the Eastern Star, edited and published by Dodong Herrera. On January 2, 1959, respondents filed their memorandum.

On December 13, 1958, both parties filed with this Court a "Notice to Take Deposition", wherein they agreed that Judge Eugenio N. Brillo of the Municipal Court of Tacloban City take the deposition mentioned by us in our resolution of December 5, 1958. At the taking of the said deposition before Judge Brillo on December 18, 1958, the parties and their counsel appeared and several witnesses testified, such as, Superable on his own behalf and his witnesses Segundo Villablanca and Rene Tan, as well as Generoso (Dodong) Herrera and Hermogenes Susaya. Documentary evidence was also submitted. The transcript of the proceedings had before Judge Brillo, consisting of 69 pages, was filed with us by Judge Brillo on January 2, 1959.

On January 20, 1959, Delia Murillo wrote a letter to the Chief Justice, attaching thereto some affidavits, asking that the complaint against Atty. Superable which, as already stated, had been dismissed, be reinstated and that a formal investigation be made so that she may be able to present her proof against him. By resolution of January 26, 1959, her request was denied.

Lawyers do not only represent the law;they are the law as quoted in the article written by J.Jose L. Sabio. This is why when a lawyer takes oath, they are not merely attending a ceremony, but making a promise to become guardians of truth. 

When an oath of office is taken, lawyers are expected to live with integrity as a great amount of trust is given to them. Being in the legal profession does not just mean performing your duties as a lawyer, you need to have good moral character because you will be dealing with the client's life, reputation and property. Lawyers are known to be the servant of the law and they are expected to administer justice in fair and efficient ways. As they uphold the constitution, lawyers must set an example by obeying laws and promoting respect for law and legal processes. They should adhere to the Code of Professional Responsibility:

CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES.

Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system.

Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man's cause.

Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement.

CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE PROFESSION.

Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed.

Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter's rights.

Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to solicit legal business.

Rule 2.04 - A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant.

CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS.

Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or claim regarding his qualifications or legal services.

Rule 3.02 - In the choice of a firm name, no false, misleading or assumed name shall be used. The continued use of the name of a deceased partner is permissible provided that the firm indicates in all its communications that said partner is deceased.

Rule 3.03 - Where a partner accepts public office, he shall withdrawal from the firm and his name shall be dropped from the firm name unless the law allows him to practice law currently.

Rule 3.04 - A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation of, or in return for, publicity to attract legal business.

CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE. 

CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN DISSEMINATING THE LAW AND JURISPRUDENCE. 

CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS.

Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause for disciplinary action.

Rule 6.02 - A lawyer in the government service shall not use his public position to promote or advance his private interests, nor allow the latter to interfere with his public duties.

Rule 6.03 - A lawyer shall not, after leaving government service, accept engagement or employment in connection with any matter in which he had intervened while in said service.

CHAPTER II. THE LAWYER AND THE LEGAL PROFESSION 

CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR. 

Rule 7.01 - A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact in connection with his application for admission to the bar.

Rule 7.02 - A lawyer shall not support the application for admission to the bar of any person known by him to be unqualified in respect to character, education, or other relevant attribute.

Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he whether in public or private life, behave in a scandalous manner to the discredit of the legal profession.

CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR TOWARDS HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL. 

Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper.

Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer, however, it is the right of any lawyer, without fear or favor, to give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel.

CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW.  

Rule 9.01 - A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be performed by a member of the bar in good standing.

Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law, except:

(a) Where there is a pre-existing agreement with a partner or associate that, upon the latter's death, money shall be paid over a reasonable period of time to his estate or to persons specified in the agreement; or

(b) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or

(c) Where a lawyer or law firm includes non-lawyer employees in a retirement plan even if the plan is based in whole or in part, on a profit sharing agreement. 

CHAPTER III. THE LAWYER AND THE COURTS 

CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT. 

Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he mislead, or allow the Court to be misled by any artifice.

Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved.

Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice.

CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.  

Rule 11.01 - A lawyer shall appear in court properly attired.

Rule 11.02 - A lawyer shall punctually appear at court hearings.

Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the Courts.

Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by the record or have no materiality to the case.

Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper authorities only.

CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE.

Rule 12.01 - A lawyer shall not appear for trial unless he has adequately prepared himself on the law and the facts of his case, the evidence he will adduce and the order of its proferrence. He should also be ready with the original documents for comparison with the copies.

Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause.

Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period lapse without submitting the same or offering an explanation for his failure to do so.

Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse Court processes.

Rule 12.05 - A lawyer shall refrain from talking to his witness during a break or recess in the trial, while the witness is still under examination.

Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another.

Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him.

Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except:

(a) on formal matters, such as the mailing, authentication or custody of an instrument, and the like; or

(b) on substantial matters, in cases where his testimony is essential to the ends of justice, in which event he must, during his testimony, entrust the trial of the case to another counsel.

CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF INFLUENCING THE COURT.

Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for cultivating familiarity with Judges.

Rule 13.02 - A lawyer shall not make public statements in the media regarding a pending case tending to arouse public opinion for or against a party.

Rule 13.03 - A lawyer shall not brook or invite interference by another branch or agency of the government in the normal course of judicial proceedings.

CHAPTER IV. THE LAWYER AND THE CLIENT 

CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY. 

Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the latter's race, sex. creed or status of life, or because of his own opinion regarding the guilt of said person.

Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de officio or as amicus curiae, or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid.

Rule 14.03 - A lawyer may not refuse to accept representation of an indigent client if:

(a) he is not in a position to carry out the work effectively or competently;

(b) he labors under a conflict of interest between him and the prospective client or between a present client and the prospective client.

Rule 14.04 - A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients.

CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.

Rule 15.01. - A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest, and if so, shall forthwith inform the prospective client.

Rule 15.02.- A lawyer shall be bound by the rule on privilege communication in respect of matters disclosed to him by a prospective client.

Rule 15.03. - A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts.

Rule 15.04. - A lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator in settling disputes.

Rule 15.05. - A lawyer when advising his client, shall give a candid and honest opinion on the merits and probable results of the client's case, neither overstating nor understating the prospects of the case.

Rule 15.06. - A lawyer shall not state or imply that he is able to influence any public official, tribunal or legislative body.

Rule 15.07. - A lawyer shall impress upon his client compliance with the laws and the principles of fairness.

Rule 15.08. - A lawyer who is engaged in another profession or occupation concurrently with the practice of law shall make clear to his client whether he is acting as a lawyer or in another capacity.

CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS PROFESSION.

Rule 16.01 - A lawyer shall account for all money or property collected or received for or from the client.

Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him.

Rule 16.03 - A lawyer shall deliver the funds and property of his client when due or upon demand. However, he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all judgments and executions he has secured for his client as provided for in the Rules of Court.

Rule 16.04 - A lawyer shall not borrow money from his client unless the client's interest are fully protected by the nature of the case or by independent advice. Neither shall a lawyer lend money to a client except, when in the interest of justice, he has to advance necessary expenses in a legal matter he is handling for the client.

CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM. 

CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE.

Rules 18.01 - A lawyer shall not undertake a legal service which he knows or should know that he is not qualified to render. However, he may render such service if, with the consent of his client, he can obtain as collaborating counsel a lawyer who is competent on the matter.

Rule 18.02 - A lawyer shall not handle any legal matter without adequate preparation.

Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable.

Rule 18.04 - A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable time to the client's request for information.

CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW.

Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not present, participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage in any case or proceeding.

Rule 19.02 - A lawyer who has received information that his client has, in the course of the representation, perpetrated a fraud upon a person or tribunal, shall promptly call upon the client to rectify the same, and failing which he shall terminate the relationship with such client in accordance with the Rules of Court.

Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in handling the case.

CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.

Rule 20.01 - A lawyer shall be guided by the following factors in determining his fees:

(a) the time spent and the extent of the service rendered or required;

(b) the novelty and difficulty of the questions involved;

(c) The importance of the subject matter;

(d) The skill demanded;

(e) The probability of losing other employment as a result of acceptance of the proffered case;

(f) The customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs;

(g) The amount involved in the controversy and the benefits resulting to the client from the service;

(h) The contingency or certainty of compensation;

(i) The character of the employment, whether occasional or established; and

(j) The professional standing of the lawyer.

Rule 20.02 - A lawyer shall, in case of referral, with the consent of the client, be entitled to a division of fees in proportion to the work performed and responsibility assumed.

Rule 20.03 - A lawyer shall not, without the full knowledge and consent of the client, accept any fee, reward, costs, commission, interest, rebate or forwarding allowance or other compensation whatsoever related to his professional employment from anyone other than the client.

Rule 20.04 - A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action only to prevent imposition, injustice or fraud.

CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED.

Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his client except;

(a) When authorized by the client after acquainting him of the consequences of the disclosure;

(b) When required by law;

(c) When necessary to collect his fees or to defend himself, his employees or associates or by judicial action.

Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use information acquired in the course of employment, nor shall he use the same to his own advantage or that of a third person, unless the client with full knowledge of the circumstances consents thereto.

Rule 21.03 - A lawyer shall not, without the written consent of his client, give information from his files to an outside agency seeking such information for auditing, statistical, bookkeeping, accounting, data processing, or any similar purpose.

Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client.

Rule 21.05 - A lawyer shall adopt such measures as may be required to prevent those whose services are utilized by him, from disclosing or using confidences or secrets of the clients.

Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client's affairs even with members of his family.

Rule 21.07 - A lawyer shall not reveal that he has been consulted about a particular case except to avoid possible conflict of interest.

CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES.

Rule 22.01 - A lawyer may withdraw his services in any of the following case:

(a) When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling;

(b) When the client insists that the lawyer pursue conduct violative of these canons and rules;

(c) When his inability to work with co-counsel will not promote the best interest of the client;

(d) When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively;

(e) When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement;

(f) When the lawyer is elected or appointed to public office; and 

(g) Other similar cases.

Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn over all papers and property to which the client is entitled, and shall cooperative with his successor in the orderly transfer of the matter, including all information necessary for the proper handling of the matter.

In spite of taking an oath of office, there are lawyers who also went on trial due to misconduct. It costs them their profession. Disbarment is all too common for lawyers who break the promise they made before the Supreme Court.  This is when servants of the law break the law. It will be discussed in Part 3 of the article. 

Knowing that you have finally made the cut after facing a series of challenges associated with the process of taking the Bar Exam is indeed a whiff of fresh air. There is nothing more reassuring than seeing your name in the list of Bar Exam passers. You know you deserve it. For sure, you can still vividly remember when you promised yourself you would do anything to ace the Bar Exam come hell or high water. 

Now comes the oath taking. Oath is defined as a "solemn appeal to God, or in a wider sense, to any sacred or revered person or sanction for the truth of an affirmation or declaration or in witness of the inviolability of a promise or undertaking." Webster

Why is there a need to take an oath of office before the Supreme Court? An oath is an attestation and a pledge to take on the duties and responsibilities proper of a lawyer. This is stated under Section 17 of Rule 138 of the Rules of Court. 

I___________ of ___________ do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will support its Constitution and obey laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any court; I will not wittingly nor willingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion with all good fidelity as well to the courts as to my clients; and I impose upon myself this voluntary obligations without any mental reservation or purpose of evasion. So help me God.

The oath is not just about making promises to do your duty as a lawyer, but to perform them faithfully and truthfully. 

Section 20 of Rule 138 of the Rules of Court also enumerates the duties of a lawyer:

(a) To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines.

(b) To observe and maintain the respect due to the courts of justice and judicial officers;

(c) To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law.

(d) To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law;

(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his client's business except from him or with his knowledge and approval;

(f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged;

(g) Not to encourage either the commencement or the continuance of an action or proceeding, or delay any man's cause, from any corrupt motive or interest;

(h) Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed;

(i) In the defense of a person accused of crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law.

It is expected from every lawyer to perform these duties based on a certain mode of behavior known as Code of Professional Responsibility. This code and the world of the legal practice will be discussed in the second part of this article. 

War veterans fought for the country once upon a time. The government has recognized their efforts by giving them benefits including burial assistance. Prior to amending Republic Act No. 10649, the burial assistance for veterans amounted to P10,000.00. As amended, the assistance is increased to P20,000.00. The amendment is in relation to Republic Act No. 6948, otherwise known as An Act Of Standardizing And Upgrading The Benefits For Military Veterans And Their Dependents. 

Republic Act No. 10649

Section 1. Section 20 of Republic Act No. 6948, as amended, is hereby further amended to read as follows:

“Sec. 20. Burial Assistance. – Unless the person who defrayed the expenses for the funeral of a deceased veteran is entitled to a similar benefit from the United States Government, he or she shall be given Twenty thousand pesos (P20.000.00) as burial assistance upon application therefor in due form which shall be filed within two (2) years from the death of the veteran concerned.”

Republic Act No. 6948

SEC. 3. Eligibility. — A veteran of the Philippine Army or of any recognized or deserving guerrilla organization who took active participation in the resistance movement and/or in the liberation drive against the enemy during World War II, or of the Philippine Expeditionary Forces to Korea, or of the Philippine Civic Action Group or Philippine Contingent in Vietnam, who has never heretofore enjoyed educational benefit under Philippine law nor under United States law, who desires to study; or one (1) child of a veteran in whose favor he renounces such right; or the surviving spouse or a child of a deceased veteran in whose favor the same is applied for by the surviving spouse, or legal guardian; shall, upon certification of the Administrator, be admitted to any school, college, university or institution authorized by the Government, with all school fees, including tuition, matriculation, athletic, library, laboratory, medical, military training, diploma and graduation fees, at the expense of the Government, subject to the rules and conditions promulgated by the Administrator.

PART B. DISABILITY PENSION

SEC. 4. Eligibility. — The disability pension as Provided for in this Act shall apply to any veteran who was in the service of the Philippine Army or guerrilla forces between the eighth of December, Nineteen hundred and forty-one and the third of July, Nineteen hundred and forty-six; of the Armed Forces of the Philippines and the Philippine Constabulary who was in the active service on and after the fourth of July, Nineteen hundred and forty-six; of the Philippine Expeditionary Forces to Korea who was in the service overseas between the fifteenth of September, Nineteen hundred and fifty and the thirty-first of May, Nineteen hundred and fifty-five; and of the Philippine Civil Action Group or Philippine Contingent in Vietnam who was in the service overseas between the thirty-first of August, Nineteen hundred and sixty-four and the twentieth of December, Nineteen hundred and sixty-nine.

SEC. 5. Pension Rates. — A veteran who is disabled owing to sickness, disease, wounds, or injuries sustained in line of duty shall be given monthly pension in accordance with the rates prescribed hereunder, unless he is actually receiving a similar pension for the same disability from other government funds or from the United States Government:

(a) If and while the disability is rated anywhere from ten to thirty per centum (10%-30%), the monthly pension shall be Six hundred pesos (P600.00);

(b) If and while the disability is rated forty per centum (40%), the monthly pension shall be Six hundred seventy-five pesos (P675.00);

(c) If and while the disability is rated fifty per centum (50%), the monthly pension shall be Seven hundred fifty pesos (P750.00);

(d) If and while the disability is rated sixty per centum (60%), the monthly pension shall be Eight hundred twenty-five pesos (P825.00);

(e) If and while the disability is rated seventy per centum (70%), the monthly pension shall be Nine hundred pesos (P900.00);

(f) If and while the disability is rated eighty per centum (80%), the monthly pension shall be Nine hundred seventy-five pesos (P975.00);

(g) If and while the disability is rated ninety per centum (90%), the monthly pension shall be One thousand fifty pesos (P1,050.00); and

(h) If and while the disability is total or rated one hundred per centum (100%), the monthly pension shall be One thousand one hundred twenty-five pesos (P1,125.00) plus One hundred fifty pesos (P150.00) each for the spouse and unmarried minor children.

SEC. 6. Effectivity of Pension. — The date of effectivity of the pension that may be awarded to an applicant will be based on the conditions specified hereunder:

(a) As regards officers and enlisted personnel of the Philippine Army and guerrilla organizations of World War II, on the day the application is received but in no case earlier than the date of the approval of this Act; and

(b) As regards all other veterans:

(1) On the date immediately following the date of discharge if the application was filed within one (1) year after the veteran’s separation from the service; or

(2) On the day the application was received if the application was filed beyond one (1) year after the veteran’s separation from the service.

SEC. 7. Re-evaluation. — Periodic re-evaluation or redetermination of a veteran’s disability, in appropriate cases, shall be the responsibility of the Disability Rating Board of the Philippine Veterans Affairs Office. The AFP Medical Center and the Veterans Memorial Medical Center, upon request by the Board, shall make available the clinical records, disability work sheets and other pertinent papers and documents and shall conduct x-ray, laboratory test, and other examinations on the veteran concerned. Such medical examinations and tests may also be undertaken by any other government hospital nearest the residence of the veteran concerned, upon request by the Board. The Board shall formulate the procedures necessary to carry out its re-evaluation or redetermination activities.

SEC. 8. Exemption. — A disabled veteran shall be exempted from periodic examination and re-rating in the following cases:

(a) When the disability is considered as static;

(b) When the disability is permanent in nature or of such character that there is no likelihood of improvement; or

(c) When the veteran is already fifty-seven (57) years of age or over.

PART C. PENSION FOR VETERANS OF THE

REVOLUTION

SEC. 9. Eligibility. — Any veteran who served in the Philippine Revolution and the Philippine-American War any time during the period between the twenty-third of August, Eighteen hundred and ninety-six, and the sixth of May, Nineteen hundred and two, shall be entitled to a monthly pension of Six hundred pesos (P600.00) plus One hundred fifty pesos (P150.00) each for his spouse and unmarried minor children.

PART D. OLD-AGE PENSION

SEC. 10. Eligibility. — A veteran who is at least sixty-five (65) years old shall be paid an old-age pension of Five hundred pesos (P500.00) monthly unless he is actually receiving a similar pension for the same consideration from other government funds or from the United States Government.

SEC. 11. Entitlement of Surviving Spouse. — The surviving spouse of a veteran who died after having received old-age pension shall be paid a pension of Five hundred pesos (P500.00) monthly until she remarries or dies, and the surviving spouse of a veteran who died without having received old-age pension shall, if she does not remarry, be paid a pension of Five hundred pesos (P500.00) monthly when she reaches the age of sixty-five (65) and until she remarries or dies, unless she is actually receiving a similar pension for the same consideration from other government funds or from the United States Government.

PART E. DEATH PENSION

SEC. 12. Eligibility. — For the death of a veteran in line of duty or at any time after honorable discharge or separation from the service as a result of wounds or injury received or sickness or disease incurred in line of duty or as a consequence of the performance of such duty, and of a political prisoner who died in prison or was killed by the enemy armed forces during World War II, the surviving spouse and unmarried minor children or, in default thereof, the indigent parents, except those who for the same reason are actually receiving a similar pension from other government funds or from the United States Government, may be given a pension of Five hundred pesos (P500.00) a month for the surviving spouse and Two hundred fifty pesos (P250.00) a month for each unmarried minor child until the surviving spouse remarries or dies, and until the minor child dies, marries, or reaches the age of eighteen (18), or Two hundred fifty pesos (P250.00) for each indigent parent, with the right of accretion, until they die: Provided, however, That only fifty per centum (50%) of the rates herein prescribed shall be awarded to the surviving spouse and minor children, or indigent parents of a veteran of the Armed Forces of the Philippines who, in line of duty, died of injury or ailment which was not incurred in war or in a military campaign against aggression, dissidence, rebellion or sedition nor as a direct result of such war or military campaign.

SEC. 13. Pension for the Surviving Spouse of a Veteran of the Revolution. — The surviving spouse of a veteran of the revolution against Spain or the Philippine-American War shall be entitled to a monthly pension of Six hundred pesos (P600.00) until she remarries or dies, the provisions of the next preceding section notwithstanding, unless she is actually receiving a similar pension from other government funds.

SEC. 14. Termination of Right of Death Gratuity and Entitlement to Death Pension in Lieu Thereof . — Without prejudice to the receipt of death gratuity benefits Provided for under the Employees’ Compensation Law, the right to death gratuity granted to the next of kin of military personnel of the Armed Forces of the Philippines who died in line of duty, pursuant to the provisions of Section Six of Republic Act Numbered Five hundred seventy-three and Sections Three and Four of Republic Act Numbered Six hundred ten, as amended, shall cease upon the approval of this Act and, in lieu thereof, they shall be eligible to death pension as Provided in this Act: Provided, however, That where the right to the said gratuity has already accrued prior to the approval of this Act, the next of kin concerned shall have the option to either waive the entitlement thereto or to receive the death pension: Provided, finally, That in the case of a next of kin who has already been paid the aforesaid gratuity, he may apply for death pension herein granted on condition that the death gratuity received shall be refunded from such future payments of death pension in a reasonable monthly amount as may be determined by the Philippine Veterans Affairs Office until the death gratuity is fully refunded.

Aside from Republic Act 10645, which provides mandatory PhilHealth coverage for all senior citizens, Republic Act No. 9994 or the Expanded Senior Citizens Act of 2010 has also upgraded and expanded services for elderly. The law's objective is to provide a more comprehensive policy that will be beneficial to senior citizens especially in terms of improving their total well-being. The privileges that the senior citizens are currently entitled to are as follows:

“(a) the grant of twenty percent (20%) discount and exemption from the value -added tax (VAT), if applicable, on the sale of the following goods and services from all establishments, for the exclusive use and enjoyment or availment of the senior citizen

“(1) on the purchase of medicines, including the purchase of influenza and pnuemococcal vaccines, and such other essential medical supplies, accessories and equipment to be determined by the Department of Health (DOH).

“The DOH shall establish guidelines and mechanism of compulsory rebates in the sharing of burden of discounts among retailers, manufacturers and distributors, taking into consideration their respective margins;

“(2) on the professional fees of attending physician/s in all private hospitals, medical facilities, outpatient clinics and home health care services;

“(3) on the professional fees of licensed professional health providing home health care services as endorsed by private hospitals or employed through home health care employment agencies;

“(4) on medical and dental services, diagnostic and laboratory fees in all private hospitals, medical facilities, outpatient clinics, and home health care services, in accordance with the rules and regulations to be issued by the DOH, in coordination with the Philippine Health Insurance Corporation (PhilHealth);

“(5) in actual fare for land transportation travel in public utility buses (PUBs), public utility jeepneys (PUJs), taxis, Asian utility vehicles (AUVs), shuttle services and public railways, including Light Rail Transit (LRT), Mass Rail Transit (MRT), and Philippine National Railways (PNR);

“(6) in actual transportation fare for domestic air transport services and sea shipping vessels and the like, based on the actual fare and advanced booking;

“(7) on the utilization of services in hotels and similar lodging establishments, restaurants and recreation centers;

“(8) on admission fees charged by theaters, cinema houses and concert halls, circuses, leisure and amusement; and

“(9) on funeral and burial services for the death of senior citizens;

“(b) exemption from the payment of individual income taxes of senior citizens who are considered to be minimum wage earners in accordance with Republic Act No. 9504;

“(c) the grant of a minimum of five percent (5%) discount relative to the monthly utilization of water and electricity supplied by the public utilities: Provided, That the individual meters for the foregoing utilities are registered in the name of the senior citizen residing therein: Provided, further, That the monthly consumption does not exceed one hundred kilowatt hours (100 kWh) of electricity and thirty cubic meters (30 m3) of water: Provided, furthermore, That the privilege is granted per household regardless of the number of senior citizens residing therein;

“(d) exemption from training fees for socioeconomic programs;

“(e) free medical and dental services, diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography scans and blood tests, in all government facilities, subject to the guidelines to be issued by the DOH in coordination with the PhilHealth;

“(f) the DOH shall administer free vaccination against the influenza virus and pneumococcal disease for indigent senior citizen patients;

“(g) educational assistance to senior citizens to pursue pot secondary, tertiary, post tertiary, vocational and technical education, as well as short-term courses for retooling in both public and private schools through provision of scholarships, grants, financial aids, subsides and other incentives to qualified senior citizens, including support for books, learning materials, and uniform allowances, to the extent feasible: Provided, That senior citizens shall meet minimum admission requirements;

“(h) to the extent practicable and feasible, the continuance of the same benefits and privileges given by the Government Service Insurance System (GSIS), the Social Security System (SSS) and the PAG-IBIG, as the case may be, as are enjoyed by those in actual service;

“(i) retirement benefits of retirees from both the government and the private sector shall be regularly reviewed to ensure their continuing responsiveness and sustainability, and to the extent practicable and feasible, shall be upgraded to be at par with the current scale enjoyed by those in actual service;

“(j) to the extent possible, the government may grant special discounts in special programs for senior citizens on purchase of basic commodities, subject to the guidelines to be issued for the purpose by the Department of Trade and Industry (DTI) and the Department of Agriculture (DA);

“(k) provision of express lanes for senior citizens in all commercial and government establishments; in the absence thereof, priority shall be given to them; and

“(l) death benefit assistance of a minimum of Two thousand pesos (Php2, 000.00) shall be given to the nearest surviving relative of a deceased senior citizen which amount shall be subject to adjustments due to inflation in accordance with the guidelines to be issued by the DSWD.

“In the availment of the privileges mentioned above, the senior citizen, or his/her duly authorized representative, may submit as proof of his/her entitled thereto any of the following:

“(1) an identification card issued by the Office of the Senior Citizen Affairs (OSCA) of the place where the senior citizen resides: Provided, That the identification card issued by the particular OSCA shall be honored nationwide;

“(2) the passport of the senior citizen concerned; and

“(3) other documents that establish that the senior citizen is a citizen of the Republic and is at least sixty (60) years of age as further provided in the implementing rules and regulations.

“In the purchase of goods and services which are on promotional discount, the senior citizen can avail of the promotional discount or the discount provided herein, whichever is higher.

“The establishment may claim the discounts granted under subsections (a) and (c) of this section as tax deduction based on the cost of the goods sold or services rendered: Provided, That the cost of the discount shall be allowed as deduction from gross income for the same taxable year that the discount is granted: Provided, further, That the total amount of the claimed tax deduction net of VAT, if applicable, shall be included in their gross sales receipts for tax purposes and shall be subject to proper documentation and to the provisions of the National Internal Revenue Code (NICR), as amended.”

A certificate of employment (COE) is proof of previous employment. Whether you have resigned or have been terminated, you are still entitled to certificates of employment. Some companies require applicants to secure a COE as part of the pre-employment process.  Under Section 10, Rule 14, Book 5 of the Labor Code, dismissed workers are entitled to request or receive a certificate from his/her employer. The certificate shall specify the dates of the employee's engagement and termination, types of work on which he/she was employed. You need to be cleared by the company before you can request for a COE.  Aside from refusal to provide COE to dismissed workers, DOLE will also entertain complaints on unfair labor practices:

UNFAIR LABOR PRACTICES OF EMPLOYERS

Art. 248. Unfair labor practices of employers. It shall be unlawful for an employer to commit any of the following unfair labor practice:

1. To interfere with, restrain or coerce employees in the exercise of their right to self-organization;
2. To require as a condition of employment that a person or an employee shall not join a labor organization or shall withdraw from one to which he belongs;
3. To contract out services or functions being performed by union members when such will interfere with, restrain or coerce employees in the exercise of their rights to self-organization;
4. To initiate, dominate, assist or otherwise interfere with the formation or administration of any labor organization, including the giving of financial or other support to it or its organizers or supporters;
5. To discriminate in regard to wages, hours of work and other terms and conditions of employment in order to encourage or discourage membership in any labor organization. Nothing in this Code or in any other law shall stop the parties from requiring membership in a recognized collective bargaining agent as a condition for employment, except those employees who are already members of another union at the time of the signing of the collective bargaining agreement. Employees of an appropriate bargaining unit who are not members of the recognized collective bargaining agent may be assessed a reasonable fee equivalent to the dues and other fees paid by members of the recognized collective bargaining agent, if such non-union members accept the benefits under the collective bargaining agreement: Provided, that the individual authorization required under Article 242, paragraph (o) of this Code shall not apply to the non-members of the recognized collective bargaining agent;
6. To dismiss, discharge or otherwise prejudice or discriminate against an employee for having given or being about to give testimony under this Code;
7. To violate the duty to bargain collectively as prescribed by this Code;
8. To pay negotiation or attorney’s fees to the union or its officers or agents as part of the settlement of any issue in collective bargaining or any other dispute; or
9. To violate a collective bargaining agreement.

The provisions of the preceding paragraph notwithstanding, only the officers and agents of corporations, associations or partnerships who have actually participated in, authorized or ratified unfair labor practices shall be held criminally liable. (As amended by Batas Pambansa Bilang 130, August 21, 1981)

It is the duty of every parent to their provide children's needs such as food, shelter and education. Children should also be protected against violence and harm, which can affect their development. Parents who are able to fulfill their obligations are praiseworthy. However, there are parents who choose to shirk their responsibility. In these cases, the children are the ones who suffer the consequences of parental neglect. If parents are not capable of rearing a child, can the court appoint another person to exercise parental authority?

Parental Authority

Chapter 1. General Provisions

Art. 209. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and well-being. (n)

Art. 210. Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. (313a)

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

Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority. (311a) 

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

Art. 213. In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit. (n)

No child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise.

Art. 214. In case of death, absence or unsuitability of the parents, substitute parental authority shall be exercised by the surviving grandparent. In case several survive, the one designated by the court, taking into account the same consideration mentioned in the preceding article, shall exercise the authority. (355a)

Art. 215. No descendant shall be compelled, in a criminal case, to testify against his parents and grandparents, except when such testimony is indispensable in a crime against the descendant or by one parent against the other. (315a)

Chapter 2. Substitute and Special Parental Authority

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

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

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

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

Whenever the appointment of a judicial guardian over the property of the child becomes necessary, the same order of preference shall be observed. (349a, 351a, 354a)

Art. 217. In case of foundlings, abandoned, neglected or abused children and other children similarly situated, parental authority shall be entrusted in summary judicial proceedings to heads of children's homes, orphanages and similar institutions duly accredited by the proper government agency. (314a)

Art. 218. The school, its administrators and teachers, or the individual, entity or institution engaged in child care shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody.

Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution. (349a)

Art. 219. Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable.

The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that they exercised the proper diligence required under the particular circumstances.

All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts.

Estate tax or also referred to as inheritance tax is defined by the Bureau of Internal Revenue as “Estate tax is a tax on the right of the deceased person to transmit his/her estate to his/her lawful heirs and beneficiaries at the time of death and on certain transfers, which are made by law as equivalent to testamentary disposition. It is not a tax on property. It is a tax imposed on the privilege of transmitting property upon the death of the owner. The Estate Tax is based on the laws in force at the time of death notwithstanding the postponement of the actual possession or enjoyment of the estate by the beneficiary."

The executor, administrator, beneficiaries or heirs are the ones paying for the estate taxes. Transferring property to heirs or beneficiaries will not be executed unless the estate tax is paid.  

1. Who are required to file the Estate Tax return? 

a) The executor or administrator or any of the legal heirs of the decedent or non-resident of the Philippines under any of the following situation:

- In all cases of transfer subject to Estate Tax;

- Where though exempt from Estate Tax, the gross value of the estate exceeds two hundred thousand P 200,000.00; and

- Where regardless of the gross value, the estate consists of registered or registrable property such as real property, motor vehicle, share of stocks or other similar property for which a clearance from the Bureau of Internal Revenue (BIR) is required as a prerequisite for the transfer of ownership thereof in the name of the transferee. (part II par.(1.#3) of RMC No. 34-2013)

b) Where there is no executor or administrator appointed, qualified and acting within the Philippines, then any person in actual or constructive possession of any property of the decedent must file the return.

c) The Estate Tax imposed under the Tax Code shall be paid by the executor or administrator before the delivery of the distributive share in the inheritance to any heir or beneficiary. Where there are two or more executors or administrators, all of them are severally liable for the payment of the tax. The estate tax clearance issued by the Commissioner or the Revenue District Officer (RDO) having jurisdiction over the estate, will serve as the authority to distribute the remaining/distributable properties/share in the inheritance to the heir or beneficiary.

d) The executor or administrator of an estate has the primary obligation to pay the estate tax but the heir or beneficiary has subsidiary liability for the payment of that portion of the estate which his distributive share bears to the value of the total net estate. The extent of his liability, however, shall in no case exceed the value of his share in the inheritance.

2. What are included in gross estate?

For resident alien decedents/citizens:

a) Real or immovable property, wherever located

b) Tangible personal property, wherever located

c) Intangible personal property, wherever located 

For non-resident decedent/non-citizens:

a) Real or immovable property located in the Philippines 

b) Tangible personal property located in the Philippines 

c) Intangible personal property - with a situs in the Philippines such as:

- Franchise which must be exercised in the Philippines

- Shares, obligations or bonds issued by corporations organized or constituted in the Philippines

- Shares, obligations or bonds issued by a foreign corporation 85% of the business of which is located in the Philippines

- Shares, obligations or bonds issued by a foreign corporation if such shares, obligations or bonds have acquired a business situs in the Philippines ( i. e. they are used in the furtherance of its business in the Philippines)

- Shares, rights in any partnership, business or industry established in the Philippines

3. What are excluded from gross estate?

• GSIS proceeds/ benefits
• Accruals from SSS
• Proceeds of life insurance where the beneficiary is irrevocably appointed
• Proceeds of life insurance under a group insurance taken by employer (not taken out upon his life)
• War damage payments
• Transfer by way of bona fide sales
• Transfer of property to the National Government or to any of its political subdivisions
• Separate property of the surviving spouse
• Merger of usufruct in the owner of the naked title
• Properties held in trust by the decedent
• Acquisition and/or transfer expressly declared as not taxable

4. What will be used as basis in the valuation of property?

The properties subject to Estate Tax shall be appraised based on its fair market value at the time of the decedent's death.

The appraised value of the real estate shall be whichever is higher of the fair market value, as determined by the Commissioner (zonal value) or the fair market value, as shown in the schedule of values fixed by the Provincial or City Assessor.

If there is no zonal value, the taxable base is the fair market value that appears in the latest tax declaration.

If there is an improvement, the value of improvement is the construction cost per building permit or the fair market value per latest tax declaration.

5. What are the allowable deductions for Estate Tax Purposes?

Applicable for deaths occurring after the effectivity of RA 8424 which is January 1, 1998

For a citizen or resident alien 

A. Expenses, losses, indebtedness and taxes

(1) Actual funeral expenses (whether paid or unpaid) up to the time of interment, or an amount equal to five percent (5%) of the gross estate, whichever is lower, but in no case to exceed P200,000.

(2) Judicial expenses of the testamentary or intestate proceedings.

(3) Claims against the estate.

(4) Claims of the deceased against insolvent persons where the value of the decedent’s interest therein is included in the value of the gross estate; and,

(5) Unpaid mortgages, taxes and casualty losses

B. Property previously taxed (Vanishing Deduction) (Section 86(2) of the NIRC as amended by Republic Act No. 8424)

An amount equal to the value specified below of any property forming a part of the gross estate situated in the Philippines of any person who died within five (5) years prior to the death of the decedent, or transferred to the decedent by gift within five (5) years prior to his death, where such property can be identified as having been received by the decedent from the donor by gift, or from such prior decedent by gift, bequest, devise or inheritance, or which can be identified as having been acquired in exchange for property so received:

One hundred percent (100%) of the value, if the prior decedent died within one (1) year prior to the death of the decedent, or if the property was transferred to him by gift within the same period prior to his death;

Eighty percent (80%) of the value, if the prior decedent died more than one (1) year but not more than two (2) years prior to the death of the decedent, or if the property was transferred to him by gift within the same period prior to his death;

Sixty percent (60%) of the value, if the prior decedent died more than two (2) years but not more than three (3) years prior to the death of the decedent, or if the property was transferred to him by gift within the same period prior to his death;

Forty percent (40%) of the value, if the prior decedent died more than three (3) years but not more than four (4) years prior to the death of the decedent, or if the property was transferred to him by gift within the same period prior to his death; and

Twenty percent (20%) of the value, if the prior decedent died more than four (4) years but not more than five (5) years prior to the death of the decedent, or if the property was transferred to him by gift within the same period prior to his death;

These deductions shall be allowed only where a donor’s tax or estate tax imposed was finally determined and paid by or on behalf of such donor, or the estate of such prior decedent, as the case may be, and only in the amount finally determined as the value of such property in determining the value of the gift, or the gross estate of such prior decedent, and only to the extent that the value of such property is included in the decedent’s gross estate, and only if in determining the value of the estate of the prior decedent, no Property Previously Taxed or Vanishing Deduction was allowable in respect of the property or properties given in exchange therefor. (Section 6 & 7 of RR 2-2003)

C. Transfers for public use

D. The family home - fair market value but not to exceed P1,000,000.00

The family home refers to the dwelling house, including the land on which it is situated, where the husband and wife, or a head of the family, and members of their family reside, as certified to by the Barangay Captain of the locality. The family home is deemed constituted on the house and lot from the time it is actually occupied as a family residence and is considered as such for as long as any of its beneficiaries actually resides therein. (Arts. 152 and 153, Family Code)

E. Standard deduction – A deduction in the amount of One Million Pesos (P1,000,000.00) shall be allowed as an additional deduction without need of substantiation.

F. Medical expenses – All medical expenses (cost of medicines, hospital bills, doctor’s fees, etc.) incurred (whether paid or unpaid) within one (1) year before the death of the decedent shall be allowed as a deduction provided that the same are duly substantiated with official receipts. For services rendered by the decedent’s attending physicians, invoices, statements of account duly certified by the hospital, and such other documents in support thereof and provided, further, that the total amount thereof, whether paid or unpaid, does not exceed Five Hundred Thousand Pesos (P500,000).

G. Amount received by heirs under Republic Act No. 4917-Any amount received by the heirs from the decedent’s employer as a consequence of the death of the decedent-employee in accordance with Republic Act No. 4917 is allowed as a deduction provided that the amount of the separation benefit is included as part of the gross estate of the decedent.

H. Net share of the surviving spouse in the conjugal partnership or community property

For a non-resident alien

A. Expenses, losses, indebtedness and taxes

B. Property previously taxed

C. Transfers for public use

D. Net share of the surviving spouse in the conjugal partnership or community property

No deduction shall be allowed in the case of a non-resident decedent not a citizen of the Philippines, unless the executor, administrator, or anyone of the heirs, as the case may be, includes in the return required to be filed in the Section 90 of the Code the value at the time of the decedent’s death of that part of his gross estate not situated in the Philippines.

Please note that the allowable deductions will vary depending on the law applicable at the time of the decedent’s death.

6. What does the term "Funeral Expenses" include? (Sec 6 (A)(1) of RR 2-2003)

The term "FUNERAL EXPENSES" is not confined to its ordinary or usual meaning. They include:

(a) The mourning apparel of the surviving spouse and unmarried minor children of the deceased bought and used on the occasion of the burial;

(b) Expenses for the deceased’s wake, including food and drinks;

(c) Publication charges for death notices;

(d) Telecommunication expenses incurred in informing relatives of the deceased;

(e) Cost of burial plot, tombstones, monument or mausoleum but not their upkeep. In case the deceased owns a family estate or several burial lots, only the value corresponding to the plot where he is buried is deductible;

(f) Interment and/or cremation fees and charges; and

(g) All other expenses incurred for the performance of the rites and ceremonies incident to interment.

Expenses incurred after the interment, such as for prayers, masses, entertainment, or the like are not deductible. Any portion of the funeral and burial expenses borne or defrayed by relatives and friends of the deceased are not deductible. Actual funeral expenses shall mean those which are actually incurred in connection with the interment or burial of the deceased. The expenses must be duly supported by official receipts or invoices or other evidence to show that they were actually incurred.

7. What does the term "Judicial Expenses" include? (Sec 6 (A)(2) of RR 2-2003)

Expenses allowed as deduction under this category are those incurred in the inventory-taking of a assets comprising the gross estate, their administration, the payment of debts of the estate, as well as the distribution of the estate among the heirs. In short, these deductible items are expenses incurred during the settlement of the estate but not beyond the last day prescribed by law, or the extension thereof, for the filing of the estate tax return. Judicial expenses may include:

(a) Fees of executor or administrator;

(b) Attorney’s fees;

(c) Court fees;

(d) Accountant’s fees;

(e) Appraiser’s fees;

(f) Clerk hire;

(g) Costs of preserving and distributing the estate;

(h) Costs of storing or maintaining property of the estate; and

(i) Brokerage fees for selling property of the estate.

Any unpaid amount for the aforementioned cost and expenses claimed under “Judicial Expenses” should be supported by a sworn statement of account issued and signed by the creditor.

8. What are the requisites for deductibility of claims against the Estate? (Sec 6(A)(3) of RR 2-2003)

(a) The liability represents a personal obligation of the deceased existing at the time of his death except unpaid obligations incurred incident to his death such as unpaid funeral expenses (i.e., expenses incurred up to the time of interment) and unpaid medical expenses which are classified under a different category of deductions pursuant to these Regulations;

(b) The liability was contracted in good faith and for adequate and full consideration in money or money’s worth;

(c) The claim must be a debt or claim which is valid in law and enforceable in court;

(d) The indebtedness must not have been condoned by the creditor or the action to collect from the decedent must not have prescribed.

9.  How do we determine the fair market value of the unlisted stocks? (RR NO. 6-2013) (Annex U)

In determining the value of the shares, the Adjusted Net Asset Method shall be used whereby all assets and liabilities are adjusted to fair market values. The net of adjusted asset minus the adjusted liability value is the indicated value of the equity. 

For purposes of this item, the appraised value of real property at the time of sale shall be the highest among the following:

       (a) The fair market value as determined by the Commissioner, or

       (b) The fair market value as shown in the schedule of values fixed by the Provincial and City Assessors, or

       (c) The fair market value as determined by Independent Appraiser. 

Source: www.bir.gov.ph

Our current law prohibits the use of the wife's maiden name unless the changes have undergone a judicial process after the court declares nullity of marriage. Pampanga Rep. Gloria Macapagal Arroyo, also the former President of the Philippines proposed a bill that will entitle women to revert to her surname without court order. House Bill No. 6082 or the Reversion to Maiden Name Act seeks to bypass expensive court process in terms of surname revision. With this bill, a woman can revert to her maiden surname on the following circumstances: 

(1) after her marriage has been judicially declared null and void or after its annulment;

(2) After a judicial declaration of legal separation, provided that there has been no manifestation of reconciliation filed with the court;

(3) After a judicial declaration of separation of property, provided there has been no subsequent decree reviving the old property regime between the spouses;

(4) If the spouses stipulated in their marriage settlement that a regime of separation of properties shall govern their property relations;

(5) If the petitioner has been de facto separated from or abandoned by her husband for a period of not less than 10 years;

(6) If the petitioner’s husband may be presumed dead.

If this bill will be enacted into a law, the woman will no longer have to pay for the annulment proceedings, which usually range from P150,000 to P200,000. For the conversion of documents, the woman needs at least P50,000 to change the identification cards including Social Security System ID, telecommunications bills, postal ID and many others. 

The Republic Act 386 currently has the following conditions in terms of the use of surname: 

Art. 370. A married woman may use:

      (1) Her maiden first name and surname and add her husband's surname, or

      (2) Her maiden first name and her husband's surname or 

      (3) Her husband's full name, but prefixing a word indicating that she is his wife, such as "Mrs."

Art. 371. In case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden name and surname. If she is the innocent spouse, she may resume her maiden name and surname. However, she may choose to continue employing her former husband's surname, unless:

      (1) The court decrees otherwise, or

      (2) She or the former husband is married again to another person.

Art. 372. When legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation.

Art. 373. A widow may use the deceased husband's surname as though he were still living, in accordance with Article 370.

Art. 374. In case of identity of names and surnames, the younger person shall be obliged to use such additional name or surname as will avoid confusion.

Many crimes are committed by minors and offenders are getting younger and younger because they know all too well that they will not be held liable for the crime. Some of them can even commit a heinous crime at such a young age without any sign of remorse. The Republic Act No. 9344 states that the minimum age of criminal responsibility should be 15 years old. However, the Republic Act No. 10630 seeks to amend Republic Act No. 9344. The amendment reduces criminal liability from 15 years old to 9 years old. 

Section 6. Section 20 of Republic Act No. 9344 is hereby amended to read as follows:

"SEC. 20. Children Below the Age of Criminal Responsibility. – If it has been determined that the child taken into custody is fifteen (15) years old or below, the authority which will have an initial contact with the child, in consultation with the local social welfare and development officer, has the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child’s nearest relative. The child shall be subjected to a community-based intervention program supervised by the local social welfare and development officer, unless the best interest of the child requires the referral of the child to a youth care facility or ‘Bahay Pag-asa’ managed by LGUs or licensed and/or accredited NGOs monitored by the DSWD.

"The local social welfare and development officer shall determine the appropriate programs for the child who has been released, in consultation with the child and the person having custody over the child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the following:

 

"(a) A duly registered nongovernmental or religious organization;

 

"(b) A barangay official or a member of the Barangay Council for the Protection of Children (BCPC);

 

"(c) A local social welfare and development officer; or, when and where appropriate, the DSWD.

"If the child has been found by the local social welfare and development officer to be dependent, abandoned, neglected or abused by his/her parents and the best interest of the child requires that he/she be placed in a youth care facility or ‘Bahay Pag-asa’, the child’s parents or guardians shall execute a written authorization for the voluntary commitment of the child: Provided, That if the child has no parents or guardians or if they refuse or fail to execute the written authorization for voluntary commitment, the proper petition for involuntary commitment shall be immediately filed by the DSWD or the Local Social Welfare and Development Office (LSWDO) pursuant to Presidential Decree No. 603, as amended, otherwise known as ‘The Child and Youth Welfare Code’ and the Supreme Court rule on commitment of children: Provided, further, That the minimum age for children committed to a youth care facility or ‘Bahay Pag-asa’ shall be twelve (12) years old."

"SEC. 20-A. Serious Crimes Committed by Children Who Are Exempt From Criminal Responsibility. – A child who is above twelve (12) years of age up to fifteen (15) years of age and who commits parricide, murder, infanticide, kidnapping and serious illegal detention where the victim is killed or raped, robbery, with homicide or rape, destructive arson, rape, or carnapping where the driver or occupant is killed or raped or offenses under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) punishable by more than twelve (12) years of imprisonment, shall be deemed a neglected child under Presidential Decree No. 603, as amended, and shall be mandatorily placed in a special facility within the youth care faculty or ‘Bahay Pag-asa’ called the Intensive Juvenile Intervention and Support Center (IJISC).

"In accordance with existing laws, rules, procedures and guidelines, the proper petition for involuntary commitment and placement under the IJISC shall be filed by the local social welfare and development officer of the LGU where the offense was committed, or by the DSWD social worker in the local social welfare and development officer’s absence, within twenty-four (24) hours from the time of the receipt of a report on the alleged commission of said child. The court, where the petition for involuntary commitment has been filed shall decide on the petition within seventy-two (72) hours from the time the said petition has been filed by the DSWD/LSWDO. The court will determine the initial period of placement of the child within the IJISC which shall not be less than one (1) year. The multi-disciplinary team of the IJISC will submit to the court a case study and progress report, to include a psychiatric evaluation report and recommend the reintegration of the child to his/her family or the extension of the placement under the IJISC. The multi-disciplinary team will also submit a report to the court on the services extended to the parents and family of the child and the compliance of the parents in the intervention program. The court will decide whether the child has successfully completed the center-based intervention program and is already prepared to be reintegrated with his/her family or if there is a need for the continuation of the center-based rehabilitation of the child. The court will determine the next period of assessment or hearing on the commitment of the child."

"SEC. 20-B. Repetition of Offenses. – A child who is above twelve (12) years of age up to fifteen (15) years of age and who commits an offense for the second time or oftener: Provided, That the child was previously subjected to a community-based intervention program, shall be deemed a neglected child under Presidential Decree No. 603, as amended, and shall undergo an intensive intervention program supervised by the local social welfare and development officer: Provided, further, That, if the best interest of the child requires that he/she be placed in a youth care facility or ‘Bahay Pag-asa’, the child’s parents or guardians shall execute a written authorization for the voluntary commitment of the child: Provided, finally, That if the child has no parents or guardians or if they refuse or fail to execute the written authorization for voluntary commitment, the proper petition for involuntary commitment shall be immediately filed by the DSWD or the LSWDO pursuant to Presidential Decree No. 603, as amended."

Both employers and employees must be aware of prohibitions regarding wages including the time and form of payment. Many salary disputes happen because the law on minimum wage rates are not properly discussed. Everything you need to know about wage rates is explained on the Labor Code of the Philippines. 

MINIMUM WAGE RATES

Art. 99. Regional minimum wages. The minimum wage rates for agricultural and non-agricultural employees and workers in each and every region of the country shall be those prescribed by the Regional Tripartite Wages and Productivity Boards. (As amended by Section 3, Republic Act No. 6727, June 9, 1989).

Art. 100. Prohibition against elimination or diminution of benefits. Nothing in this Book shall be construed to eliminate or in any way diminish supplements, or other employee benefits being enjoyed at the time of promulgation of this Code.

Art. 101. Payment by results.

The Secretary of Labor and Employment shall regulate the payment of wages by results, including pakyao, piecework, and other non-time work, in order to ensure the payment of fair and reasonable wage rates, preferably through time and motion studies or in consultation with representatives of workers’ and employers’ organizations.

PAYMENT OF WAGES

Art. 102. Forms of payment. No employer shall pay the wages of an employee by means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than legal tender, even when expressly requested by the employee.

Payment of wages by check or money order shall be allowed when such manner of payment is customary on the date of effectivity of this Code, or is necessary because of special circumstances as specified in appropriate regulations to be issued by the Secretary of Labor and Employment or as stipulated in a collective bargaining agreement.

Art. 103. Time of payment. Wages shall be paid at least once every two (2) weeks or twice a month at intervals not exceeding sixteen (16) days. If on account of force majeure or circumstances beyond the employer’s control, payment of wages on or within the time herein provided cannot be made, the employer shall pay the wages immediately after such force majeure or circumstances have ceased. No employer shall make payment with less frequency than once a month.

The payment of wages of employees engaged to perform a task which cannot be completed in two (2) weeks shall be subject to the following conditions, in the absence of a collective bargaining agreement or arbitration award:

That payments are made at intervals not exceeding sixteen (16) days, in proportion to the amount of work completed;

That final settlement is made upon completion of the work.

Art. 104. Place of payment. Payment of wages shall be made at or near the place of undertaking, except as otherwise provided by such regulations as the Secretary of Labor and Employment may prescribe under conditions to ensure greater protection of wages.

Art. 105. Direct payment of wages. Wages shall be paid directly to the workers to whom they are due, except:

In cases of force majeure rendering such payment impossible or under other special circumstances to be determined by the Secretary of Labor and Employment in appropriate regulations, in which case, the worker may be paid through another person under written authority given by the worker for the purpose; or

Where the worker has died, in which case, the employer may pay the wages of the deceased worker to the heirs of the latter without the necessity of intestate proceedings. The claimants, if they are all of age, shall execute an affidavit attesting to their relationship to the deceased and the fact that they are his heirs, to the exclusion of all other persons. If any of the heirs is a minor, the affidavit shall be executed on his behalf by his natural guardian or next-of-kin. The affidavit shall be presented to the employer who shall make payment through the Secretary of Labor and Employment or his representative. The representative of the Secretary of Labor and Employment shall act as referee in dividing the amount paid among the heirs. The payment of wages under this Article shall absolve the employer of any further liability with respect to the amount paid.

Art. 106. Contractor or subcontractor. Whenever an employer enters into a contract with another person for the performance of the former’s work, the employees of the contractor and of the latter’s subcontractor, if any, shall be paid in accordance with the provisions of this Code.

In the event that the contractor or subcontractor fails to pay the wages of his employees in accordance with this Code, the employer shall be jointly and severally liable with his contractor or subcontractor to such employees to the extent of the work performed under the contract, in the same manner and extent that he is liable to employees directly employed by him.

The Secretary of Labor and Employment may, by appropriate regulations, restrict or prohibit the contracting-out of labor to protect the rights of workers established under this Code. In so prohibiting or restricting, he may make appropriate distinctions between labor-only contracting and job contracting as well as differentiations within these types of contracting and determine who among the parties involved shall be considered the employer for purposes of this Code, to prevent any violation or circumvention of any provision of this Code.

There is "labor-only" contracting where the person supplying workers to an employer does not have substantial capital or investment in the form of tools, equipment, machineries, work premises, among others, and the workers recruited and placed by such person are performing activities which are directly related to the principal business of such employer. In such cases, the person or intermediary shall be considered merely as an agent of the employer who shall be responsible to the workers in the same manner and extent as if the latter were directly employed by him.

Art. 107. Indirect employer. The provisions of the immediately preceding article shall likewise apply to any person, partnership, association or corporation which, not being an employer, contracts with an independent contractor for the performance of any work, task, job or project.

Art. 108. Posting of bond. An employer or indirect employer may require the contractor or subcontractor to furnish a bond equal to the cost of labor under contract, on condition that the bond will answer for the wages due the employees should the contractor or subcontractor, as the case may be, fail to pay the same.

Art. 109. Solidary liability. The provisions of existing laws to the contrary notwithstanding, every employer or indirect employer shall be held responsible with his contractor or subcontractor for any violation of any provision of this Code. For purposes of determining the extent of their civil liability under this Chapter, they shall be considered as direct employers.

Art. 110. Worker preference in case of bankruptcy. In the event of bankruptcy or liquidation of an employer’s business, his workers shall enjoy first preference as regards their wages and other monetary claims, any provisions of law to the contrary notwithstanding. Such unpaid wages and monetary claims shall be paid in full before claims of the government and other creditors may be paid. (As amended by Section 1, Republic Act No. 6715, March 21, 1989)

Art. 111. Attorney’s fees.

In cases of unlawful withholding of wages, the culpable party may be assessed attorney’s fees equivalent to ten percent of the amount of wages recovered.

It shall be unlawful for any person to demand or accept, in any judicial or administrative proceedings for the recovery of wages, attorney’s fees which exceed ten percent of the amount of wages recovered.

PROHIBITIONS REGARDING WAGES

Art. 112. Non-interference in disposal of wages. No employer shall limit or otherwise interfere with the freedom of any employee to dispose of his wages. He shall not in any manner force, compel, or oblige his employees to purchase merchandise, commodities or other property from any other person, or otherwise make use of any store or services of such employer or any other person.

Art. 113. Wage deduction. No employer, in his own behalf or in behalf of any person, shall make any deduction from the wages of his employees, except:

In cases where the worker is insured with his consent by the employer, and the deduction is to recompense the employer for the amount paid by him as premium on the insurance. 

For union dues, in cases where the right of the worker or his union to check-off has been recognized by the employer or authorized in writing by the individual worker concerned; and

In cases where the employer is authorized by law or regulations issued by the Secretary of Labor and Employment.

Art. 114. Deposits for loss or damage. No employer shall require his worker to make deposits from which deductions shall be made for the reimbursement of loss of or damage to tools, materials, or equipment supplied by the employer, except when the employer is engaged in such trades, occupations or business where the practice of making deductions or requiring deposits is a recognized one, or is necessary or desirable as determined by the Secretary of Labor and Employment in appropriate rules and regulations.

Art. 115. Limitations. No deduction from the deposits of an employee for the actual amount of the loss or damage shall be made unless the employee has been heard thereon, and his responsibility has been clearly shown.

Art. 116. Withholding of wages and kickbacks prohibited. It shall be unlawful for any person, directly or indirectly, to withhold any amount from the wages of a worker or induce him to give up any part of his wages by force, stealth, intimidation, threat or by any other means whatsoever without the worker’s consent.

Art. 117. Deduction to ensure employment. It shall be unlawful to make any deduction from the wages of any employee for the benefit of the employer or his representative or intermediary as consideration of a promise of employment or retention in employment.

Art. 118. Retaliatory measures. It shall be unlawful for an employer to refuse to pay or reduce the wages and benefits, discharge or in any manner discriminate against any employee who has filed any complaint or instituted any proceeding under this Title or has testified or is about to testify in such proceedings.

Art. 119. False reporting. It shall be unlawful for any person to make any statement, report, or record filed or kept pursuant to the provisions of this Code knowing such statement, report or record to be false in any material respect.

Being hospitalized is an additional burden for the impoverished as many hospitals require deposit before a patient can be admitted. On Thursday, August 3, President Rodrigo Duterte signed a law that increases penalties for clinics and hospitals that fail to administer initial medical treatment to patient who fail to provide deposit. The law is known as Republic Act No. 10932 or the Anti-Hospital Deposit Law. 

The law states that "in emergency or serious cases, it shall be unlawful for any hospital or medical clinic to request, solicit, demand or accept any deposit or any other form of advance payment as prerequisite for administering basic emergency care, for confinement or medical treatment, or to refuse to administer medical treatment and support to any patient.”

The violation of the Act will be punishable by imprisonment of not less than six (6) months and one (1) day but not more than two (2) years and four (4) months, or a fine of not less than P100,000.00 but not more than P300,000.00 or both. Stiffer penalties will also be imposed upon officers and directors of clinics and hospitals. 

Upon three (3) repeated violations committed pursuant to an established policy of the hospital or clinic or upon the instructions of its management, the health facility's license to operate shall be revoked by the DOH. The president chairman, board of directors, or trustees, and other officers of the health facility shall be solidarily liable for damages that may be awarded by the court to the patient complainant. 

Under Section 3 of the same Act, "after the hospital or medical clinic mentioned above shall have administered medical treatment and support, it may cause the transfer of the patient to an appropriate hospital consistent with the needs of the patient especially in the case of poor or indigent patients. 

There are also provisions intended for pregnant women. While the previous version of this Act stated that hospitals were only held accountable for cases in which patient required immediate medical care, the new version states that clinics and hospitals can also be held accountable if they fail to administer treatment to a woman. 

Not all parents can send their children to college due to lack of funds. This is why when President Rodrigo Duterte signed a bill granting free tertiary education in state universities and colleges (SUCs) and local universities and colleges (LUCs), most students are ecstatic about the good news.

Republic Act 10931 or the Universal Access to Quality Tertiary Education Act shoulders tuition and other school fees. However, there are qualifications that must be met to ensure that free college tuition is only given to deserving students. 

Under section 6 of RA 10931, the following students are ineligible to avail of the free tertiary education: 

a) In SUCs and LUCs

1. Students who have already attained a bachelor's degree or comparable undergraduate degree from any HEI whether public or private; 

2. Students who fail to comply with the admission and retention policies of the SUC or LUC;

3. Students who fail to complete their bachelor's degree or comparable undergraduate degree within a year after the period prescribed in their program. and

b) In State-Run TVIs:

1. Students who have obtained a bachelor's degree, as well as those who have received a certificate or diploma for technical-vocational course equivalent to at least National Certificate III and above. 

2. Students who fail in any course enrolled in during the course of the program. 

Students ineligible to avail of the free tertiary education shall be charged the tuition and other school fees, as determined by the respective boards of the SUCs and LUCs and in the case of the state-run TVIs, to be determined by the TESDA. 

Students loan programs will also be available alongside free tuition law to cover the cost of tertiary education. 

Section 8 states that "repayment shall be effected by incorporating a portion of the loan amount or a percentage thereof in the employee's monthly Social Security System (SSS) or Government Service Insurance System (GSIS) contribution, as the case may be, based on a reasonable schedule of repayment and interest rates, as may be formulated by the UniFAST Board.  

Payment of the loan amount will commence once the beneficiary secures any gainful employment with compensation, remuneration or earnings that reach the Compulsory Repayment Threshold (CRT). For purposes of this ACT, the CRT shall be set and reviewed by the UniFAST Board, and adjusted when necessary. 

Nowadays, vigilance is essential to every homeowner because a stranger can break into your house and steal your personal belongings while you are away or asleep. These robbers can even intimidate or kill you to get what they want. Robbery with homicide is a serious offense. Anyone who is guilty of committing the crime will be sentenced to life imprisonment. The penalty imposed upon the perpetrator will depend on the gravity of the crime. 

ROBBERY IN GENERAL

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

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

Art. 295. Robbery with violence against or intimidation of persons; Penalties. — Any person guilty of robbery with the use of violence against or intimidation of any person shall suffer:

1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery, the crime of homicide shall have been committed.

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

3. The penalty of reclusion temporal, when by reason or on occasion of the robbery, any of the physical injuries penalized in subdivision 2 of the article mentioned in the next preceding paragraph, shall have been inflicted.

4. The penalty of prision mayor in its maximum period to reclusion temporal in its medium period, if the violence or intimidation employed in the commission of the robbery shall have been carried to a degree clearly unnecessary for the commission of the crime, or when the course of its execution, the offender shall have inflicted upon any person not responsible for its commission any of the physical injuries covered by sub-divisions 3 and 4 of said Article 23.

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

Art. 295. Robbery with physical injuries, committed in an uninhabited place and by a band, or with the use of firearm on a street, road or alley. — If the offenses mentioned in subdivisions three, four, and five of the next preceding article shall have been committed in an uninhabited place or by a band, or by attacking a moving train, street car, motor vehicle or airship, or by entering the passenger's compartments in a train or, in any manner, taking the passengers thereof by surprise in the respective conveyances, or on a street, road, highway, or alley, and the intimidation is made with the use of a firearm, the offender shall be punished by the maximum period of the proper penalties.

In the same cases, the penalty next higher in degree shall be imposed upon the leader of the band.

Art. 296. Definition of a band and penalty incurred by the members thereof. — When more than three armed malefactors take part in the commission of a robbery, it shall be deemed to have been committed by a band. When any of the arms used in the commission of the offense be an unlicensed firearm, the penalty to be imposed upon all the malefactors shall be the maximum of the corresponding penalty provided by law, without prejudice of the criminal liability for illegal possession of such unlicensed firearms.

Any member of a band who is present at the commission of a robbery by the band, shall be punished as principal of any of the assaults committed by the band, unless it be shown that he attempted to prevent the same.

Art. 297. Attempted and frustrated robbery committed under certain circumstances. — When by reason or on occasion of an attempted or frustrated robbery a homicide is committed, the person guilty of such offenses shall be punished by reclusion temporal in its maximum period to reclusion perpetua, unless the homicide committed shall deserve a higher penalty under the provisions of this Code.

Art. 298. Execution of deeds by means of violence or intimidation. — Any person who, with intent to defraud another, by means of violence or intimidation, shall compel him to sign, execute or deliver any public instrument or documents, shall be held guilty of robbery and punished by the penalties respectively prescribed in this Chapter.

Domestic workers or also referred to as "kasambahay" are very common in a Filipino household. They take care of chores, run errands and look after children when both parents are working. This is why it is only imperative that they get social benefits as no amount of money can repay their dedication, commitment and kindness. The Republic Act of 10361 protects the welfare of domestic workers. Entitlement to social benefits is one of the terms and conditions that the employer should fulfill when hiring domestic workers according to this law. 

EMPLOYMENT – TERMS AND CONDITIONS

SEC. 19. Health and Safety. – The employer shall safeguard the health and safety of the domestic worker in accordance with laws, rules and regulations, with due consideration of the peculiar nature of domestic work.

SEC. 20. Daily Rest Period. – The domestic worker shall be entitled to an aggregate daily rest period of eight (8) hours per day.

SEC. 21. Weekly Rest Period. – The domestic worker shall be entitled to at least twenty-four (24) consecutive hours of rest in a week. The employer and the domestic worker shall agree in writing on the schedule of the weekly rest day of the domestic worker: Provided, That the employer shall respect the preference of the domestic worker as to the weekly rest day when such preference is based on religious grounds. Nothing in this provision shall deprive the domestic worker and the employer from agreeing to the following:

(a) Offsetting a day of absence with a particular rest day;

(b) Waiving a particular rest day in return for an equivalent daily rate of pay;

(c) Accumulating rest days not exceeding five (5) days; or

(d) Other similar arrangements.

SEC. 22. Assignment to Nonhousehold Work. – No domestic worker shall be assigned to work in a commercial, industrial or agricultural enterprise at a wage rate lower than that provided for agricultural or nonagricultural workers. In such cases, the domestic worker shall be paid the applicable minimum wage.

SEC. 23. Extent of Duty. – The domestic worker and the employer may mutually agree for the former to temporarily perform a task that is outside the latter’s household for the benefit of another household. However, any liability that will be incurred by the domestic worker on account of such arrangement shall be borne by the original employer. In addition, such work performed outside the household shall entitle the domestic worker to an additional payment of not less than the existing minimum wage rate of a domestic worker. It shall be unlawful for the original employer to charge any amount from the said household where the service of the domestic worker was temporarily performed.

SEC 24. Minimum Wage. – The minimum wage of domestic workers shall not be less than the following:

(a) Two thousand five hundred pesos (P2,500.00) a month for those employed in the National Capital Region (NCR);

(b) Two thousand pesos (P2,000.00) a month for those employed in chartered cities and first class municipalities; and

(c) One thousand five hundred pesos (P1,500.00) a month for those employed in other municipalities.

After one (1) year from the effectivity of this Act, and periodically thereafter, the Regional Tripartite and Productivity Wage Boards (RTPWBs) shall review, and if proper, determine and adjust the minimum wage rates of domestic workers.

SEC 25. Payment of Wages. – Payment of wages shall be made on time directly to the domestic worker to whom they are due in cash at least once a month. The employer, unless allowed by the domestic worker through a written consent, shall make no deductions from the wages other than that which is mandated by law. No employer shall pay the wages of a domestic worker by means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than the cash wage as provided for under this Act.

The domestic worker is entitled to a thirteenth month pay as provided for by law.

SEC. 26. Pay Slip. – The employer shall at all times provide the domestic worker with a copy of the pay slip containing the amount paid in cash every pay day, and indicating all deductions made, if any. The copies of the pay slip shall be kept by the employer for a period of three (3) years.

SEC. 27. Prohibition on Interference in the Disposal of Wages. – It shall be unlawful for the employer to interfere with the freedom of any domestic worker to dispose of the latter’s wages. The employer shall not force, compel or oblige the domestic worker to purchase merchandise, commodities or other properties from the employer or from any other person, or otherwise make use of any store or services of such employer or any other person.

SEC 28. Prohibition Against Withholding of Wages. – It shall be unlawful for an employer, directly or indirectly, to withhold the wages of the domestic worker. If the domestic worker leaves without any justifiable reason, any unpaid salary for a period not exceeding fifteen (15) days shall be forfeited. Likewise, the employer shall not induce the domestic worker to give up any part of the wages by force, stealth, intimidation, threat or by any other means whatsoever.

SEC. 29. Leave Benefits. – A domestic worker who has rendered at least one (1) year of service shall be entitled to an annual service incentive leave of five (5) days with pay: Provided, That any unused portion of said annual leave shall not be cumulative or carried over to the succeeding years. Unused leaves shall not be convertible to cash.

SEC. 30. Social and Other Benefits. – A domestic worker who has rendered at least one (1) month of service shall be covered by the Social Security System (SSS), the Philippine Health Insurance Corporation (PhilHealth), and the Home Development Mutual Fund or Pag-IBIG, and shall be entitled to all the benefits in accordance with the pertinent provisions provided by law.

Premium payments or contributions shall be shouldered by the employer. However, if the domestic worker is receiving a wage of Five thousand pesos (P5,000.00) and above per month, the domestic worker shall pay the proportionate share in the premium payments or contributions, as provided by law.

The domestic worker shall be entitled to all other benefits under existing laws.

SEC. 31. Rescue and Rehabilitation of Abused Domestic Workers. – Any abused or exploited domestic worker shall be immediately rescued by a municipal or city social welfare officer or a social welfare officer from the Department of Social Welfare and Development (DSWD) in coordination with the concerned barangay officials. The DSWD and the DILG shall develop a standard operating procedure for the rescue and rehabilitation of abused domestic workers, and in coordination with the DOLE, for possible subsequent job placement.

Many would have already known that an illegitimate child is entitled to support. Does this law still apply to fathers who have no income? The father may have acknowledged his illegitimate child, but refused to provide support due to lack of income. According to the Family Code of the Philippines, the father of the illegitimate child is still responsible to provide support. The support will be be taken from the separate property. In the event the spouse does not have any separate property, the support will be taken from the conjugal partnership or absolute community. This is also referred to as the common property of the spouses. Now, if the wife is the breadwinner of the family, the income will be considered as an absolute community of gains. The only time the party will be liable to provide support is when the amount essential for the support of the family has been deducted. 

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

Art. 198. During the proceedings for legal separation or for annulment of marriage, and for declaration of nullity of marriage, the spouses and their children shall be supported from the properties of the absolute community or the conjugal partnership. After the final judgment granting the petition, the obligation of mutual support between the spouses ceases. However, in case of legal separation, the court may order that the guilty spouse shall give support to the innocent one, specifying the terms of such order. (292a)

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

(1) The spouse;

(2) The descendants in the nearest degree;

(3) The ascendants in the nearest degree; and

(4) The brothers and sisters. (294a)

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

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

When two or more recipients at the same time claim support from one and the same person legally obliged to give it, should the latter not have sufficient means to satisfy all claims, the order established in the preceding article shall be followed, unless the concurrent obligees should be the spouse and a child subject to parental authority, in which case the child shall be preferred. (295a)