In the Philippines, the government agencies are divided into three branches: the Legislative Branch, the Executive Branch and the Judicial Branch. We are already familiar with some of the National Agencies, but others may seem foreign to us. These agencies can become part and parcel of our lives. We may get ourselves into a situation that require assistance from them. This is why obtaining some information about government agencies pays off. 

We may not have the luxury of time to read deep as we often find ourselves skimming through the web pages, but getting quick access to these agencies can make a huge difference. 

The Legislative Department

The Congress of the Philippines which consists of the Senate and House of the Representatives has legislative power. It is composed of sectoral and district representatives who are elected for a term of three years. Although these representatives can be re-elected, they are not allowed to run for a fourth consecutive term. 

• Senate of the Philippines
• House of Representatives

The Executive Department 

The President of the Philippines has executive power. At present, it is headed by President Benigno Aquino lll of the Liberal Party. The President is also considered the Commander-in-Chief of the Armed Forces of the Philippines. Vice President Jejomar Binay is second highest official of the United Alliance, catapulted to his current position by popular vote. As a  general rule, the Vice President is the first in line in terms of succession in the event the President resigns, dies or is impeached. 

• Office of the President
  

• Office of the Vice-President
  
  
• Department of Agrarian Reform
  
  
• Department of Agriculture
  
  
• Department of Budget and Management
  
  
• Department of Education
  
  
• Department of Energy
  
  
• Department of Environment and Natural Resources
  
  
• Department of Finance
  
  
• Department of Foreign Affairs
  
  
• Department of Health
  
  
• Department of the Interior and Local Government
  
  
• Department of Justice
  
  
• Department of Labor and Employment
  
  
• Department of National Defense
  
  
• Department of Public Works and Highways
  
  
• Department of Science and Technology
  
  
• Department of Social Welfare and Development
  
  
• Department of Tourism
  
  
• Department of Trade and Industry
  
  
• Department of Transportation and Communications
  
  
• Presidential Communications Development and Strategic Planning Office
  
  
• Presidential Communications Operations Office
  
  
• National Economic and Development Authority
  
  
• Other Executive Offices 

The Judicial Department 

The Supreme Court of the Philippines and the lower courts established by law have judicial power. The Supreme Court has a Chief Justice and 14 Associate Justices. The President appoints the justices on the recommendation of the Judicial Bar and Council of the Philippines. 

• Supreme Court of the Philippines
  
  
• Court of Appeals
  
  
• Court of Tax Appeals
  
  
• Sandiganbayan

 

Have you been screening your phone calls to avoid collectors who are constantly nagging you to settle your unpaid credit card balance? Have you been threatened to face a lawsuit if you fail to repay a lender? If incessant calls from creditors caused you to be allergic to phone calls, being armed with the basic principles of the consequences for non-payment of debt can give you greater peace of mind. In fact, it can be a whiff of fresh air if you heard the statement that no one will end up in jail for non-payment of debt. 

Before you allow paranoia to feast on you, know more about the laws associated with unsettled debt.

Some common laws that are said to violate the constitutional prohibition against non-imprisonment of debt:

Credit Cards

The Access Devices Regulation Act of 1998 (RA. 8484) states that any person who obtains the money or anything that is valuable with the use of an access device with the sole intent to defraud or with intent to gain and fleeing once motive has been executed will be held liable for a crime punishable with a fine and imprisonment. In addition, a cardholder who intentionally abandons the residence, place of employment or business that was declared on the application or credit card without informing the credit card company of the current place where he could be reached will also be liable for a crime. If during the abandonment, the person has outstanding and unpaid balance which is past due for at least 90 days and is more than P10,000.00, the individual shall be prima facie presumed to have used his access device or credit card with intent to defraud.

Bouncing Checks 

Bouncing Checks Law (BP22) has also been viewed as a violation of constitutional prohibition against non-imprisonment for debt. In the context of this law, the non-payment of an obligation is not its main concern. The law is not designed to force a debtor to settle his debt. The main purpose of the law is to prevent anyone with the gumption to make checks that don’t have any value with the intention of putting them in circulation. Checks have become a substitute for cash and widely accepted as a medium of payment especially in trade and commerce and when the confidence of using these checks are marred due to its misuse, its value and usefulness will also be diminished. 

Trust Receipts

Trust receipts and bouncing checks share the same argument based on the Trust Receipts Law (PD 115), which states, if a person fails to turn over the proceeds of the sale of goods which are considered covered by a trust receipt or if the person fails to return said goods if they have not been sold, penal sanctions shall be imposed. The punishment is due to the abuse of confidence and dishonesty in the handling of goods or money.

Imagine a country without laws. It will surely be a land full of chaos and disarray as people can do as they please. No stern guidelines, no rules to follow, no restrictions etc. However, the laws, no matter the complexities, are considered a chain that binds our sanity so we continue to be law abiding citizens. 

Some laws may not work in our favor as they can be odd in every sense of the word, but they still have that element of surprise and entertainment. Unfortunately, entertaining as they may sound, these laws still come with a caveat. Some laws may appear to be out of the ordinary, but just like other laws, you can still get incarcerated once you are found guilty of violating them.

Sure laws, are rigid and formal, but they can be twisted sometimes. Even in this modern day and age, laws that are weird, wacky and obscure still exist. These strange laws can bring laughter, but can also bring you to court once you break them. Well, color me surprised. Although some of them are already obsolete, it is still worth knowing them. 

Now, let's start with number 1....

1. You can end up in jail for violating religious freedom.

The violation of the freedom of religion is covered in ART 132 and ART 133 of the Revised Penal Code, which states that interruption of religious worship and offending against religious feelings can charge a person of a crime in violation of the freedom of religion. This penal law has been in existence since the Spanish era. 

Can you still vividly remember Carlos Celdran who was dressed as Jose Rizal? Apparently, he was found guilty of violating Article 133 of the Revised Penal Code. During a mass at the Manila Cathedral, Celdran stood in front while raising a placard bearing the word "DAMASO". Damaso is an oppressive character from Jose Rizal's novel Noli Me Tangere. 

The Iglesia ni Cristo's brouhaha over Justice Secretary Leila de Lima's decision of dealing with the case of serious illegal detention filed against INC leaders recently became the subject of controversy. The issue was taken to social media and there were mixed reactions. To some, it was a violation of INC's religious freedom while others were supportive of the decision and it's not quite surprising that some politicians also came to INC's defense. INC urged De Lima to resign but the Justice Secretary remains unfazed. 

So what's the moral of the story? Stay away from an unfamiliar territory and you'll be fine. 

With the prevalence of BPO industries, more and more people are working at night. In the past nurses, cops and doctors were the only ones who are known for working during nighttime. If you are a night worker or you know someone who is, a knowledge on the law on night workers can help you understand your rights as an employee. 

Who are considered night workers?

Any employed individual whose job requires rendering substantial number of hours of night work is considered a night worker. More often than not, the night work exceeds a specified limit, which the Secretary of Labor shall fix after the labor organizations and employers have been consulted. 

The coverage of the amendments under R.A. 10151

The amendments apply to all individuals, who are permitted or employed to work at night, except the ones who are employed in stock raising, agriculture, maritime transport, fishing and inland navigation. It should be during a period of not less than seven consecutive hours. This includes the interval from midnight until five o’clock in the morning. The coverage will also be determined by the Secretary of Labor and Employment and the labor organizations and employers must be consulted. 

Health assessment

If workers request to undergo free health assessment, the request needs to be granted. The health assessment must be given before taking a job as a night worker and it should also be performed at regular intervals. They should also undergo health assessment if they are experiencing health problems during such an assignment, which is not due to the factors involved in night work. If the employee is deemed unfit for night work, the findings will not be transmitted without the worker’s consent. Furthermore, the findings will not be used to their detriment. 

Employees Who Are Deemed Unfit For Night Work 

• Night workers who are unfit for night work due to health reasons will be transferred to a similar job practicable, which they are considered suitable to work. 

• When transfer to a similar job is not practicable, the employees will be granted the same benefits as other employees who are unable to work. 

• If the night worker has been diagnosed to be temporarily unfit for night work, they will be given protection against termination or dismissal due to health reasons. 

Women can be employed as night workers, but measures must be taken to ensure that there is an alternative to night work for women workers. Nursing mothers and pregnant women are also allowed to work if a competent physician has provided a certification that they are indeed fit to render night work. It should be certified by a physician other than the company physician. 

Although a contract is just a piece of paper that you sign to seal the deal, you can still end up in court due to misinterpretation. A poorly written contract is not necessarily the reason a person can face a lawsuit. Even if your contract has been prepared by one of the biggest law firms in the country, it is still not immune to criminal charges if the obligations that are stated have not been fulfilled. There are basic elements in a contract, which need to be present before any deals can be made. 

A contract refers to an agreement of two or more contracting parties on a particular venture whereby one person binds himself, with respect to the other, to render services or give something. 

The contract must not be obtained through undue influence, coercion, misrepresentation and fraud. As a general rule, the party who has suffered due to breach of contract can claim money damages from the other. The breaching party will also be ordered by the court to perform obligations that are stipulated in the contract.  

Contracts cannot completed without the following requisites:

(1) Contracting parties' consent; 

(2) subject matter of the contract; and 

(3) the cause of the obligation. 

The Basic Elements of Contracts

Consent

In general, when a consent is given, the contract is considered perfected. It can be deemed an oral contract that binds both contracting parties. One person must have a definite offer and the other must have an absolute acceptance of the offer. 

Object of the Agreement

The subject matter refers to the object of the contract. If a thing is deemed outside the commerce of man, it will not be accepted as the object of the contract. Contracts are made to transfer the rights of property, render services and others. However, the object of the contract must not be contrary to law, good customs, morals and public order. 

Consideration

The cause of the contract will be based on the type of contracts. For instance, onerous contract's cause is the promise of service or thing by the other person. Remunatory contract's cause is the benefit or service, which is being remunerated. For contracts of pure beneficence, the cause is the benefactor's liberality. The cause can only be defined based on the nature of the contract. 

An oral contract may not suffice even if both parties have made an agreement. A written contract is a strong proof that a deal or agreement has been made. It includes the necessary details that can be used in court when the obligations have not been met. 

As 2016 election approaches, more and more political hopefuls are going the extra mile to win more votes. You can see a plethora of political ads and various campaign strategies, which are clear signs that election is just around the corner.  In the past, premature campaigning is considered a violation but based on the country’s statute books, it is no longer a violation. It was used to be a criminal offense that can result in disqualification of the candidate. 

Under Section 68 of the Election code, any candidate who in a protest or action in which he is a party is declared, based on the final decision of a competent court is considered guilty of violating any of Sections 80, 83, 85, 86 and 261. This leads to the disqualification of candidate from holding the office or running for election. If you see political ads on TV, they are not considered as a violation of the election code. 

Premature Campaigning And Its Considerations

An act will only be considered as election campaigning when it intends to promote the election or defeat of a person who has already filed a certificate for candidacy. Even if the person deemed most qualified for public office appears to be campaigning, he still does not violate any laws unless he has officially filed his COC. 

No one can be punished for prematurely campaigning under Section 80 of the Election Code if the person is not yet legally a candidate. In the past elections, the voting and counting process were still manual and a timeline must be observed for filing a COC. It should not be later than one day before the start of the campaign period. This is to ensure that the opportunity to campaign is maximized without breaking the law. 

However, when automated election was introduced by RA 8436 in 1997, the deadline for filing COCs has also changed. It should not be later than 120 days before the election. If candidates file their COCs earlier than the said deadline, they will be punished for premature campaigning especially if campaigns took place between the date of COC filing and the start of the campaign period.

With the most recent amendment, Section 11 of the law states that even if COCs are filed before the campaign period, the candidates will not be liable for violating laws on campaigning. The law takes effect on the start of the campaign period. In the simplest term, no one can be charged for premature campaigning if there are no candidates yet.

The family law in the Philippines has significantly changed over the years. While marriage's definition was used to be a simple union between a man and a woman, it is considered a special contract at present. A contract that prevents either parties from changing partners at the same rate they change their clothes. Revisions and additions on the family code are inevitable especially in this modern day and age when same sex marriage has also stirred a web of controversy. Perhaps, the family law in the country has once lain dormant and only awakened by the prevalence of domestic abuse, infidelity, etc. The video provides an overview of the recent changes and trends in family law. The changes benefit both traditional and modern families. They provide more options to couples who wish to seek legal assistance or advice. Are you also aware of the changes and trends in family law? How do you feel about them? Let us know your thoughts.

With the pervasiveness of bullying at schools, more and more parents are concerned about their children’s safety since teachers are not always present to keep an eye on students. Children are not safe from harm against bullies especially when they are outside of the school’s premise. The growing number of bullying cases is already a cause for alarm. The Republic Act No. 10627 or also known as the Anti Bullying Act of 2013 addresses this concern among parents, teachers and even students who are considered victims of bullying. The anti-bullying act ensures that these cases will no longer fall on deaf ears. 

What is bullying?

Bullying refers to any repeated or severe use by one or more students of a verbal, electronic or written expression, or a physical gesture or act that can bring physical or emotional harm to the victim. Bullying is also perceived as creating an unfriendly environment for the other student that can cause disruption in the education process. 

The following is considered acts of bullying: 

a. Any unwanted physical contact between the victim and the bully such as pushing, shoving punching, tickling, headlocks, slapping, teasing, fighting, inflicting school pranks and the use of available objects or weapons;

b. Any act that can create damage to a victim’s emotional well-being;

c. Any accusation that can make the victim emotionally distressed such as profanity, foul language, negative comments or derogatory remarks on the victim’s appearance, body and clothes; and 

d. Cyber-bullying or any type of bullying that is initiated with the use of technology or any electronic means. 

Procedures and strategies for bullying:

• Report acts of bullying;

• Respond in a timely manner and investigate reports of bullying;

• Ensure victim’s safety and assess if they need additional protection;

• Provide counseling and other necessary services for the victims, perpetrators and family members.

• Allow students to anonymously report bullying provided, that no disciplinary administrative action will be taken against the reported student based       solely on the anonymous report;

• Provide sanction to a student who makes false accusation of bullying;

• Educate students on the anti-bullying policies and dynamics of bullying;

• Educate parents and guardians about the anti-bullying polices, dynamics of bullying and how parents and guardians can provide support and reinforce policies at home; and

• Keep a public record of statistics and relevant information on acts of bullying. However, the names of the students who were reported to have committed the acts of bullying must be treated with confidentiality and will only be made available to the teachers and school administration that are directly responsible for the said students and parents or guardians of the victims of bullying.

These days, the prevalence of mud-slinging and cyber-bashing cannot be denied. Even a simple exchange of opinions can turn into a heated argument, thanks to the immense popularity of social networking sites.  The Philippines is considered the social networking capital of the world. Almost everyone has a social media account where they share videos, post opinion or simply connect with loved ones. However, the freedom of expression can also be carried to extremes. This does not come as a surprise considering the fact that many individuals have already filed libel charges against someone who has deliberately dragged their name to shame with their false accusations. 

Libel In A Nutshell 

Under Art. 353, Revised Penal Code (RPC), libel refers to a public and malicious imputation of vice or defect, crime, real or imaginary that can cause the contempt, discredit or dishonor a person. 

There are various ways libel can be committed. A person can commit libel by means of printing, writing, engraving, theatrical exhibition, lithography and others. (Art. 355, RPC). Oral defamation is also referred to as slander according to Art. 358, RPC. When defamation is made in a television, it is also considered libel. 

How can a person be held liable for the crime of libel? 

Any person who published or exhibit any defamation in writing or other means will be held liable for the crime of libel. Aside from the author or editor of the libelous pamphlet or book, the business manager of a daily newspaper will also face charges for the defamation especially if he was proven to be the author of the content or article.  In fact, all people who have active participation in the publication where the libelous article is found will be held liable as well. 

When a person has committed a crime of libel, the action will be filed in the Regional Trial Court of the city or province where the libelous article is printed and published. However, if the offended party is a private person, the venue will be his place of residence where the offense was committed and the libelous article was printed and first published. 

The four elements of libel:

• The imputation must be malicious;

• The imputation must be defamatory;

• The imputation must be made publicly;

• The offended party must be identifiable. 

Retraction And The Action For Libel

When a retraction is published to make corrections to the mistake that have been committed, it does not necessarily mean that the accused will be mitigated. For the desired effect to take place, the retraction needs to demonstrate an admission of the falsity of the publication. The desire to repair the incorrectness must also be included in the retraction. 

Annulment is the only option that is available to Filipino couples who wish to end their marriage. Since the legalization of divorce is far from happening, considering the fact that the process of passing a divorce bill is difficult, the only way couples can find a way out of problematic marriages is by seeking annulment. However, annulments are also expensive and come with a number of processes such as seeking assistance from legal counsel in filing petitions. 

Under Article 45 of The family Code of the Philippines, marriage can be annulled due to the following reasons: 

• Fraud

• Psychological incapacity

• Lack of parental consent

• Impotence or physical incapability that is affect the marriage 

• Consent of marriage was obtained by intimidation or force 

• Serious sexually transmitted disease 

The major fees for filling for a petition for annulment of marriage: 

• Filing Fees

The first step to take when seeking an annulment is to file for a Petition for Annulment of Marriage, which will be filed before Office of the Executive Clerk of Courts of the Regional Trial Courts of the city or province that you have been residing for at least a six months. 

• Acceptance Fees

Once the case is filed, the firm will charge an acceptance fee for taking on your case. The charges will vary from firm to firm. Some smaller firms have lower fees than bigger firms. 

• Pleading Fees

When filing for a petition for  annulment of marriage, you will be required to submit documents such as judicial affidavits, petrial briefs and others. You are more likely to submit at least 10 pleading and the fees will depend on the number of documents you submit.

• Appearance Fees

The lawyer need to go to court for a scheduled hearing and you will need to pay a fee for every appearance. On average, annulment cases have at least 7 appearances. 

• Psychiatrist/Doctor Fees

If the petition for annulment of marriage was filed due to psychological incapacity, a psychological report from a psychiatrist or doctor must be presented as proof of psychological incapacity. Doctors or psychiatrists are also made to testify in court as well. 

Aside from these above-mentioned fees, there are other costs that filing for a petition for annulment may incur. The cost can still increase if the process drags on or if there are some additional requirements that can lead to more appearances and pleadings. 

The processing time varies from location to location. On average, it will take around 2 years  to conclude a case for nullity of marriage. It may take longer if there are some complications especially if there are properties involved.

When filing a petition for annulment, several grounds will be looked into in order to find out whether or not such grounds carry weight that will strengthen the case. Infidelity is one of the most common reasons for filing a case, but it is not considered a ground for annulment. Infidelity can only be an acceptable basis for legal separation or filing a case for concubinage or adultery. In fact, infidelity cannot be used as a sole deciding factor in granting custody over a child. 

Under Revised Penal Code, Article 333, adultery refers to an extra marital relationship of a woman to a man other than her husband even if the man is well aware that the she is already married. A crime of adultery is committed for each sexual intercourse that takes place.

Under Article 334 of the Revised Penal Code or RPC, concubinage refers to the cohabitation of a married man with a mistress in the same or conjugal dwelling or an involvement of a married man with a woman who is not his wife in any other place. The sexual intercourse of the married man to the concubine took place under scandalous circumstance. 

Adultery VS Concubinage 

• Adultery is committed by a wife and should be charged together with the other man, while concubinage is committed by a husband and should be charged together with the other woman or concubine. 

• In adultery, a proof of sexual intercourse will suffice to file a case. On the other hand, concubinage cannot be pursued without proving that the sexual intercourse happened under scandalous circumstances. The case can be passed off as concubinage if cohabitation happens in the conjugal dwelling or in any other place. 

• Concubinage has lower penalty than adultery and the concubine’s penalty is only destierro, which refers to banishment or prohibition from residing within the accused party’s actual residence. The distance should be within the radius of 25 kilometers and banishment will be given for a specified length of time. In adultery the penalty for the man is the same as that of the guilty wife. 

The spouse who has been offended is the only person entitled for filing the action for concubinage or adultery provided, the marital status is present at the time the case was filed. The parties that will be prosecuted, if found guilty should be the offending spouse and the paramour, if both are still alive. 

If the offended spouse has pardoned the offenders, the case cannot be pursued and the criminal charge cannot prosper. Pardon can be implied or express. Express pardon is done in writing and serves as an affidavit that the offenders are pardoned for their act. The implied pardon is when the offended party chooses to live with his or her spouse, even after the offense’s commission. Pardon should be obtained or given before the criminal action’s institution.

With prime commodities going nowhere but up, wage increase has been in demand. However, the increase in the wage involves a process to determine how much the employee is going to receive. This is where the Wage Order comes in.  The Regional Board is going to gather pertinent facts following certain criteria and standards. With these facts, the board shall determine whether or not a Wage Order will be issued. The Wage Order fixes the wage in the region. The Wage Order covers private employees but not government employees. It should commence after 15 days from the completion of at least one newspaper publication. This is under Art. 123, Labor Code, which was amended by Republic Act RA 6727 or also referred to as the Wage Rationalization Act. 

When does wage increase take effect?

Only one wage increase is allowed every year hence, a wage order will only be issued once a year. If a wage increase is requested within the 12-month period, it shall not be entertained. However, there is an exception to the rule, following the supervening condition. For instance, if there is a drastic increase in the prices of basic goods and services or petroleum products, the wage increase within the 12-month period may be considered. The Regional Wage Boards will determine supervening condition’s existence and will be confirmed by the National Wages and Productivity Council (NWPC). The Regional Wage Boards is responsible for determining and fixing minimum wage rates applicable in their provinces, regions or industries. 

A Wage Order cannot be issued without a public hearing or consultation being conducted. Employees and employers’ provincial, city, groups and municipal officials will be given notices as well. 

The Criteria For Fixing The Minimum Wage

There are relevant factors that must be considered before the increase in the wage takes effect:

• Standards of living improvements;

• The increase in the cost of living;

• Living wages demands;

• Adjustment on wage based on the consumer price index;

• The needs of workers and their families;

• Effects on family income and employment generation;

• The wage levels;

• The demand for inducing industries to invest in the countryside; and

• The income’s equitable distribution.

Both the employer and the employee must observe the minimum wage that was provided in the Wage Order. The employer is prohibited to pay an amount that is lower than amount stipulated in the Wage Order and the employee cannot demand an amount higher than the amount fixed in the Wage order. In some cases, freedom to bargain is allowed in particular enterprises and firms.  

Pseudonyms or also referred to as aliases can be a form of violation of Philippine law when a person uses it with malicious intent such as intentionally concealing your true name. Many officials have been indicted for various criminal charges and when brought to court, these aliases serve as a ticking time bomb. While the accused party is subject to a series of scrutiny, examining evidences as though prosecutors are peering at a specimen under a microscope, makes aliases visible to their keen eyes.

Bank accounts that have been kept in the dark, safe from the eyes of the Philippine justice are discovered in the process of presenting relevant evidences which can either acquit or convict a defendant in a criminal court. When do aliases become a clear violation of the law? According to Anti-Money Laundering Act (AMLA), which took effect in 2001, the use of fictitious bank accounts have been banned by Bangko Central's Circular No. 251.The Circular does not allow banks to open accounts using a fictitious name. Aside from opening a bank account using a different name, there are other instances that violate the Commonwealth Act No. 142 and other relevant laws on using aliases. 

The Commonwealth Act No. 142 (An Act To Regulate The Use Of Aliases), prohibits the use of aliases except for the following conditions:

• The alias is used for literary, cinema, television or other entertainment purposes;
• The alias is used solely for those purposes;
• The use of alias is based on normally accepted practice.

For instance, if an actor uses an alias or pseudonym for cinema, he is not allowed to use the screen name for other purposes. If the actor is going to run for public office, the use of screen name is prohibited unless a competent court approves it. 

The law's main objective is to put a lid on Chinese's common practice of using aliases, which brings confusion especially in the business field. However, the use of alias is allowed when the name has been recorded in civil register and authorized by proper judicial proceedings. 

Under C.A. 142, the use of fictitious or different name that belongs to another person in a single instance  without consent or authorization will not be automatically penalized. 

Some of the relevant laws on aliases are the Civil Code of the Philippines (RA No. 386), the Tax Reform Act of 1997, Presidential Decree No. 1829, the Philippine Immigration Act of 1940, the Revised Penal Code (Act of 3815) and the Anti-Money Laundering Act of 2002. 

The law on the use of alias has a broad scope and the factors that deemed as a normally accepted practiced may not fall within the law's prohibition. 

The hustle and bustle of the city, people toing and froing and infrastructures here and there are all signs that the country has been growing rapidly. With the demands that this rapid growth entails, it is imperative to maintain a fast and steady pace. Traffic jams are a daily sight for urban settlers. In fact, it marks another busy day in the city. Catching a ride that will take you to your destination the earliest possible time is such a challenge as there are also hundreds of passengers parading like ants trying their best to make it to their destination. With the regulation of ride-sharing services, Pinoy commuters need not wait for agonizing hours to catch a ride. 

Public convenience is the main objective of Department order 97-1097 and it aims to improve transport service so it will be more accessible to the commuting public. It has effectively merged transport services and the modern advances in technology so the commuters will find it easier to get to their destination. People can download apps such as Uber to get a ride conveniently. Since this order modernizes the traditional way of commuting, passengers will find it convenient to travel from one place to another. 

These transportation services are online-enabled and it works by connecting drivers to customers requesting a ride. It also allows potential customers to browse through a list of registered vehicles. The transaction is completed once the driver receives the request and the customers are taken to their destination. 

The amendments covered for transportation network vehicle service include: 

Route: No fixed route

Vehicle type: Sports Utility Vehicle, Sedan, Asian Utility Vehicle, Van and other similar vehicles. 

Ventilation: air-conditioned

Seating capacity: should not exceed 7 passengers excluding driver

Mode of payment: pre-arranged

Fare: Based on TNC, it is subject to oversight from LTFRB following various circumstances such as national or local emergency, power shortage, civil disorder etc. 

Operation Conditions: 

Driver must have a professional driver's license;

Driver must be registered with LTFRB;

Driver must be TNC accredited;

Vehicle must be TNC accredited;

Vehicle must be 3 years old or below from the date of manufacture;

Age limit of vehicle must not exceed to 7 years from the date of manufacture;

Vehicle must be equipped with necessary tools;

Driver must have online-enabled digital device for pre-arranged ride;

Driver must only entertain customers that made a request using online-enabled application which is TNC accredited and provided;

Driver is not allowed to pick up passengers from the airport unless approved or authorized by airport management;

LTFRB prescribed identification card must be displayed during trips;

Passengers must be insured with personal accident insurance providers, which are LTFRB accredited;

Operators and drivers must comply with the government issued requirements.

In the Philippines married couples have two options to put an end to marital union: annulment and legal separation. While divorce advocates have been fighting for the legalization of divorce in the Philippines, there is no sign yet that people who want it legalized will emerge victorious. However, it is a different scenario in Muslim Mindanao or in Islamic laws to be more specific. In fact, Islamic laws grant three kinds of divorce and each of them has separate rules. These three kinds of divorce are talaq, li’an and khula. 

Islamic divorce in Mindanao defined: 

1. Talaq

In a talaq divorce, the Muslim husband initiates a divorce and pronounces the word talaq (I divorce you)  to his wife, but this can be withdrawn if both parties decide for reconciliation.  The word talaq can only be withdrawn twice and divorce will be considered irrevocable the third time the word is pronounced. In order to complete irrevocable divorce, the husband needs to comply with the requirements. 

2. Khula

Khula gives a woman the right to seek a divorce. The woman must also follow a waiting period and as compared to the right of men to initiate divorce, women’s rights are only limited. Women will be granted divorce if the husband failed to provide her basic needs or if there was no intercourse taking place for more than two months. Women must also repay marriage expenses and her dowry. If the child is older than seven years, the woman who seeks a divorce will not be granted child custody. However, the custody will be granted if the child is below seven years. By the time the child reaches the age of seven, the woman must give full custody to the father.  

3. Lian

Lian is also referred to as mulaana and this type of divorce is initiated when the husband accused the wife of adultery. This divorce is based on Quranic verses. There are three conditions that must be met for the husband to initiate Lian:

• The marriage state must be continuing.

• The marriage must be valid and there should be witnesses when the marriage was solemnized. 

• The husband must be liable to become a witness and has not received any punishment of qazf in the past. 

The financial obligations in divorce will also dependent on the length of marriage. The income levels of either the husband or the wife will also be taken into consideration. Once divorce is granted, the Islamic laws will apply wherein the wife is not entitled to the assets that have been earned during marriage.

In a country where divorce has not yet been legalized the next available option for couples who have reached the end of the line is marriage annulment. Before anyone can declare nullity of marriage, it is important that you have clearly understood what an annulment is. 

Common questions on annulment of marriage answered: 

1. What is an annulment? 

In a nutshell, the term is referred to by non-lawyers as cases undergoing annulment proceedings. On a legal perspective, it refers to annulment cases that fall under a specific Family Code. On the other hand, annulment of marriage is a court process that nullifies marital union. Even if couples are no longer living together, marriage remains valid until the court provides declaration of nullity. Note that void marriage is entirely different from voidable marriage. One cannot file the petition for annulment if the marriage has been considered void or invalid. 

2. What are the grounds of marriage annulment?

• Lack of parental consent. 

• Insanity

• Fraud

• Consent gained by force or intimidation

• Physical incapacity

• Sexually Transmitted Disease

3. What are the factors that cannot be considered grounds for annulment? 

• Infidelity

• Separation 

4. How do you get started with the annulment process? 

You will need to get an attorney for the process and be asked to write your marital history. You need to provide detailed information including the date you met your spouse. The description needs to be vivid and should also include the personality of your spouse as this is part of the case assessment. You will have to undergo psychological evaluation process to ensure that you have a sound mind when the petition was filed.  After the psychological evaluation, drafting and filing of petition will follow. You need to sign the petition before it is sent to the Regional Trial Court.  

Your spouse will receive a notification, referred to as summons informing him that a petition was filed. The petition needs to be answered 15 days from receipt. Notices will be served through publication in case the spouse is not in the country. There will be a series of investigation before the trial stage commences.  

5. Who is entitled for child custody in case of an annulment? 

Joint custody will be awarded unless the children have not reached the age of seven. For children below seven years old, the custody will be given to the mother and the father is given visiting privileges.  

6. Does filing the petition guarantee a marriage annulment? 

There is no guarantee that annulment will be granted and even the lawyers are prohibited to guarantee the outcome of the cases. 

7. What is the average time frame for the proceedings to be completed? 

On average, a decision is made within a year because there are several factors that must be taken into account such as the availability of the judge, court personnel, prosecutor, petitioner and psychologist. The time frame may also vary from place to place. 

8. Can petition for annulment be filed without the spouse’s consent? 

The consent or signature of your spouse will not be required if you wish to file a petition for marriage annulment. In fact, parties should not come to an agreement about filing the annulment petition. Investigations will also be conducted to check if both parties had a mutual agreement of filing the petition or have been fabricating evidence.

Employees are mandated to undergo annual medical examination to keep their health condition in check. However, there are instances when an employee suffers from an illness that may cause his employment to be terminated. Employers have the right to terminate an employee due to medical or health reasons. It does not happen in an instant without proving that the employee has already been examined and found to be unfit or unable to carry out daily duties. 

How does employment termination take place on the grounds of ill-health?

• An employee will be subject for termination if his illness has been found detrimental to his job or that of his colleagues. 

• If the disease has been found to be incurable after six months of proper medical treatment, the employment will be at risk of termination. 

• Employment termination will also be given if the employee has already suffered from a disease. 

Medical Examinations 

Arrangements will have to be made if an employee cannot perform his duties due to illness. The supervisor will discuss the situation with the Human Resource Consultant and the employee will have to undergo medical examination to find out more about the illness. 

There should be at least one month’s written notice prior to the medical examination and it should be completed within the same period. Once the result of the medical examination has been released, both the employer and the employee will get a copy of the report. The medical certificate is essential because this will be used as the basis for the employees’ status of employment if they have been diagnosed. 

If employees are no longer advised to continue their employment, they must present a certification, which is signed by a public health authority or competent medical practitioner, stating medical reasons. The certification should include the stage of illness and the treatment that the employee has undergone. 

A leave of absence will be taken if the employee’s ailment can be cured within the period of six months. Once the employee has nursed himself back to health and has been restored to his best health condition, he has the right to be reinstated to the position he previously held prior to taking the leave of absence. 

You must also take note that disability differs from disease. Even if the employee has permanent disability, it cannot be used as a ground for employment termination. In fact, an employer can be charged for a criminal offense if a disabled employee has been terminated.   Employers have no right to terminate an employee if the disease has just been suspected. There should be a concrete proof, duly signed by an authorized physician that the employee is already incapable of performing the duties.

Being familiar with business tax in the Philippines is an important part of starting a business. You don’t necessarily have to be an expert, but you need to gain some basic knowledge about the tax so mistakes in tax payment can be prevented. Some business owners leave this matter to their accountant or bookkeeper but when problems arise, they are the ones who are liable. Once you are aware of the business taxes in the Philippines, you are taking a great step to avoiding tax violations. 

Two kinds of taxes:

1. National Taxes – This type of tax refers to the tax you pay to the government. The tax is remitted to the Bureau of Internal Revenue (BIR). Some examples of national taxes are Value Added Tax (VAT), income tax, percentage tax, excise tax, capital gains tax and many others. 

2. Local Taxes – These are taxes that you pay through the local government units (LGU). These government units include cities, barangays, municipalities and provinces. Examples of local taxes include community tax, professional tax, amusement tax and other taxes that fall under the local taxes category. 

Business Taxes 

• Value Added Tax (VAT) - This type of business tax is considered an indirect tax. This is the reason it can be passed on to the buyer, lessee or transferee. This is collected from the seller when properties or goods are sold. Whether it is trade or business, Value Added Tax will be imposed. The amount you are going to pay will be based on the value you added to the product cost. Whether or not you earn net profit, you are still required to pay value added tax. However, when projected sales are deemed lower than required, the company is already considered exempted from paying the tax. 

• Excise Tax – This type of business tax is in additional to the value-added tax. This will be imposed for goods that are produced in the Philippines. Excise taxes are applied when these goods are intended for consumption or domestic sales. 

• Percentage Tax – When gross annual receipts and sales do not exceed the required amount, the percentage tax will be imposed on entities or individuals. Persons and entities are required to file percentage tax return not later than the 20th days following the end of each month. When a person subject to percentage taxes decides to retire from a business, the Revenue District Office must be notified within 20 days after the business closes.

In a situation where you need to seek help from a criminal defense lawyer, setting some criteria will help you bypass the daunting selection process. If you are going to rely on the Internet for some information, you need to be specific with the type of lawyer you are looking for as you will get thousands of search results. While it can be hard to make up your mind, knowing the qualities you need to look for will save you from wasting both your time and money. When you are looking for a criminal defense lawyer, it is important that you take your time. If you are being offered the lowest service cost, you should consider this as a warning sign because the quality of the service might be compromised. Here are some tips you can use for searching for a criminal defense lawyer: 

1. Choose a lawyer with years of experience. 

If you want to increase the chances of gaining a positive outcome of the verdict, you should prioritize lawyers with substantial experience in criminal defense. Make sure the criminal defense lawyer you choose is capable of assisting your needs. If you are charged with a federal crime, you should also choose a lawyer who specializes in federal law. 

2. Get some references in different ways.

You can also obtain some prospects through referrals, courtroom observation, professional organizations and Internet search. List all of your prospects and schedule an interview so you will find out if you have gotten a hold of the right person for the job. 

3. Ask some questions. 

Aside from setting your personal criteria, knowing the questions to ask can get you in the right direction. There are some essential questions you need to ask for you to know if your prospect is really a good fit. You can ask the lawyer’s experience in handling criminal cases, their payment policies or the approaches they use during jury trials. 

4. Verify the information provided by the prospective lawyer.

You might already been told regarding your prospects’ qualification but you have to check on the veracity of their claims. If a lawyer claims to be an expert as a criminal defense lawyer, you need to check several factors such as their track record for winning a case. 

5. Read feedback and reviews. 

You have to find out if the lawyers have a good reputation to his colleagues and previous clients. There are feedback and reviews you can read from various sources. They are helpful in terms of providing background information of your prospective lawyer. 

Entrepreneurs who want to legally do business in the Philippines should start with exploring some viable options. A businessman just cannot jump into a business without familiarizing its technicalities. There are some things you need to take into consideration before you can operate your business. 

You need to start with knowing the types of business ownership under the Philippine law: 

1. Corporation 

This type of business structure has five owners or more and they are referred to as shareholders. There are two types of corporation: stock corporation and non-stock corporation. With stock corporation, the capital is divided into shares and distributed to the investors. In turn, investors receive allotments and dividends, which will be based on the numbers of shares they have within the corporation. 

A non-stock corporation is intended for public purposes and issuing shares of stock is already out of the picture. This corporation’s purpose is usually cultural, educational and charitable. 

2. Partnership 

There are two or more individuals involved in this type of business structure. This is why they are called partners according to the Civil Code of the Philippines. The partnership can either be a general partnership or a limited partnership. Partners in a general partnership only have a limited liability for the financial obligations while a limited partnership requires one person to have unlimited liability while the rest have liabilities based on their capital contribution amount. 

3. Sole Proprietorship

As the name implies, this business structure is fully controlled and owned by an individual, which will also enjoy the profits and handle the liabilities of the business. For a sole proprietorship to be in effect, the owner must apply for a business name. It is also the proprietor’s obligation to register with the Department of Trade and Industry (DTI). 

Important Things To Consider For The Business To Run Smoothly: 

Your business cannot be considered legal without registering it with the Bureau of Internal Revenue. Make sure you register your business to the Revenue District Office (RDO) where your business is located. You will also need to secure a Certificate of Registration (COR) and Authority to Print (ATP) for your official receipts to be printed. You should also keep in mind that only printers accredited by BIR will be acknowledged. The official receipts should show that it is BIR accredited. Even books of account must bear BIR stamp. 

Aside from BIR, you should also register your business and employees with the Social Security System (SSS), Home Development Mutual Fund (Pag-ibig) and Philippine Health Insurance (Philhealth). These government entities will also require you to submit reports. It is imperative that you register newly-hired employees with these government agencies as well.