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Attorneys of the Philippines Legal News

Welcome to our legal news pages. Here is where we provide updates about what's happening in Philippines legal news, and publish helpful articles and tips for Pinoys researching legal matters.

Why Do National And Local Candidates Use 4Ps To Gain Supporters?

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

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

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

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

Bongbong Marcos Refuses To Apologize For Human Rights Abuses Under His Father’s Regime

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

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

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

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

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

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

LTO’s Driver-Licensing Examination: A Red Flag?

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

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

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

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

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

Did Manny Pacquiao Just Hit LGBT Community With A Sucker Punch?

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

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

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

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

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

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

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

It Is The Season For Mudslinging: Online Bashers May Face Legal Liability

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

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

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

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

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

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

b) Distributing derogatory information about the victim;

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

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

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

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

Free Yourself From The Shackles Of Credit Card Debt

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

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

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

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

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

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

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

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

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

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

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

Subsequent offenses:

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

Identifying Fake Land Titles From Real Ones Only Takes A Few Seconds

Real estate regulations have already been put in place to reduce if not eradicate cases of land scams in the Philippines. Unfortunately, these regulations cannot deter scammers from victimizing individuals who only want to make a wise investment by means of purchasing real estate property. For unsuspecting buyers, being presented with a land title is enough to win their trust. What else could go wrong when buyers already see hard proof that a piece of land has undergone a correct legal process or so they thought.

With the alarming numbers of cases where hapless and unsuspecting victims fall prey to fake land title scams, being keen on land title details is a skill every land buyer should possess. If you have just caught a glimpse of what a land title looks like without taking some time to inspect every detail, you can subject yourself into a confusing situation once you are presented with a land title. However, when you arm yourself with appropriate knowledge on identifying fake from authentic land titles, then there is no reason you cannot be on the right track.

Check The Titles’ Physical Quality

One thing that sets authentic land titles from fake ones is their identifying marks. While fake titles may appear to be an exact replica of its authentic counterpart, there are physical qualities that make authentic land titles distinct. This means that no matter how skilled a scam artist may become in copying land title, they just cannot easily copy or duplicate the authentic land title’s physical quality.

Never mistake fake land titles for authentic ones by checking these following physical qualities:

•    The color of an old title is light yellow, but for new titles or e-Titles, the color should be pale straw.
•    The texture can be compared to a bank check.
•    Faint watermark that reads “LRA” can be seen on the title.
•    Dots and tiny fibers are visible.
•    The fibers shine slightly when under UV light.

There are also key details on the land title that must be present to verify its authenticity. An original certificate of title (OCT) should bear “Judicial Form No. 108-D” at the top. For a Transfer Certificate of Title (TCT), it should have “Judicial Form No. 109-D”. A red serial number label and black for the owner’s duplicate must be present. For the last two digits of the page number, which can be found on the upper right hand side of the title, it should correspond to the last two digits of the TCT number. The red or blue border is slightly embossed and not flatly printed.

For e-Titles, the information should be encoded and printed. For both new and old titles, there should be a dark red seal on the lower left hand side that should not blot even when tested with a little amount of water.  The land title should consist of 2 signatures from the Administrator and the Registrar. However, the Registrar’s signature must be present in TCT. Administrative titles should bear one signature from CENRO or PENRO officer and another signature from the registrar.

Tax-Exempt Value For Balikbayan Boxes Raised To 150,000

Overseas Filipino Workers (OFW) who are trying their luck in other countries to seek greener pasture and to make dreams and aspirations of their family a reality always carry a heavy heart, knowing they are thousand miles away from their loved ones. Aside from taking advantage of modern technologies to speak with their loved ones, another way of showing their love is by means of sending Balikbayan boxes. It takes months to fill these boxes and raising tax-exempt value for these Balikbayan boxes is good news. Senator Ralph Recto authored Bill 2913 and before the bill was approved tax-exempt value only applied to boxes with contents more than P10,000.

OFW can also send two boxes at a time, but they must keep in mind that they can only enjoy this privilege up to three times in a calendar year. If an OFW sends two boxes which are not more than P150,000, these boxes are counted as one. Recto also reminds OFW that the boxes should only contain personal and household effects. They should not be intended for sale or barter.

Here is an overview of the bill’s explanatory note:

“Article XIII, Section 3 of the 1987 Philippine Constitution declared that the State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. In recognition of this policy, Congress has enacted laws that  promote, protect and ensure full protection to Overseas Filipino Workers (OFWs). In recognition of the significant contributions of OFWs and other Filipinos residing abroad to the Philippine economy through their foreign exchange remittances, the Government afforded some benefits and privileges to them such as those provided under the Republic Act No. 6768, as amended by Republic Act No. 9174, otherwise known as the "Balikbayan Program." Under the program, the "balikbayans" and their families shall be entitled to tax-exempt maximum purchase in the amount of One Thousand Five Hundred United States dollars (US$ 1,500.00) or its equivalent in Philippine peso and in other foreign currencies at all government-owned and-controlled/operated duty-free shops, and Kabuhayan shopping privilege and additional tax-exempt purchase in the maximum amount of Two Thousand United States dollars (US$ 2,000.00) or its equivalent in Philippine peso and other acceptable foreign currencies, exclusive for the purchase of livelihood tools at all government-owned and controlled/operated duty-free shops.

Section 105 (f) of the Tariff and Customs Code of the Philippines (TCCP), as amended by Executive Order No. 206, includes in the list of conditionally-free importations the personal and household effects of residents of the Philippines returning from abroad which shall neither be in commercial quantities nor intended for barter, sale or hire and that the total dutiable value of which shall not exceed Ten Thousand Pesos (10,000).”

LTO's Collection of 400 Million Pesos From Plate Stickers Remains A Mystery

The increasing number of vehicular accidents in the country is mainly due to the driver’s fault according to Land Transportation Office (LTO) statistics. In fact, about 80 percent of these accidents have been blamed on the driver’s carelessness. Is there any reason for the alarming increase of vehicular accidents? It all goes back to obtaining driver’s license where a series of tests is conducted to ensure that the driver is fit to drive. Unfortunately, “fixers” never cease to prey on people who want to take the shortest route for processing their application. This means, applicants no longer have to undergo the long and tedious process of undergoing medical, drug and driving tests.

Now, if these applicants have horrible eye sights, they will have trouble seeing traffic signs. Bypassing the drug test can also have a serious impact because letting users or pushers drive is already an accident waiting to happen. If an applicant undergoes the usual process for obtaining a license, they will also be required to take a written exam. Fixers already have pre-answered examination forms, which are given to the applicants who agree to the fixers’ terms.

The drivers, who have obtained their license legally, can go to war in full battle gear. They are prepared and well-trained because they know what to do. On the other hand, people who have only obtained their licenses with the help of fixers can be compared to a defenseless soldier. This is unfair to those who choose to wait for hours just to get their license. Imagine waiting in line while others have the ability to bypass these processes.

Aside from fixers, there are other problems that LTO has yet to face. How would you feel if your supposed sticker has not been registered or to put it bluntly, has been non-existent? You paid 50 pesos for the plate sticker in high hopes that your vehicle has been registered then lo and behold, you were duped!

Under the Aquino administration alone, LTO has already pocketed a whopping P410 million pesos from owners who are completely clueless. If you think the Bureau of Customs (BOC) and Bureau of Internal Revenue (BIR) are doing the corruption indiscreetly, LTO has just broken the record.  LTO owes every vehicle owner an explanation. For just 50pesos, this agency has pocketed 410 million pesos and to say they have ripped everyone off is indeed an understatement. LTO will not refund the money, but they cannot even explain where the money went. The reasons are esoteric and mysterious, or perhaps, like the plate stickers, non-existent.

Strange Laws You Never Knew Existed: Part 14 Of 15 Anti-Pana Law

Anti-pana law is one of the strangest laws that still exist up to this day. Perhaps, this law came to existence due to the number of “pana” incidents. This is still considered a deadly weapon and can be as dangerous as firearms. Now, there are people who use pana or arrow for livelihood and in this case, all they need to do is to secure a permit from the mayor in his city.

This law was made during the 1960s and this is referred to as the Republic Act No. 3553, or an Act to Prohibit the Possession of Deadly Arrow.

“Section 1. Any person who possesses a deadly arrow or "pana" without permit from a city, municipal, or municipal district mayor, shall be punished by imprisonment for a period of not less than thirty days nor more than six months. The phrase "deadly arrow or 'pana'" as used in this Act means any arrow or dart that when shot from a blow or slingshot can cause injury or death of a person.

Section 2. Any city, municipal or municipal district mayor may issue a permit to any individual to possess a deadly arrow or "pana" if such is to be used to earn a livelihood for such individual.

Section 3. This Act shall take effect upon its approval.

Approved: June 21, 1963”



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