Daily Serving of Legal Matters

A photo grabbed from google.com This post was sourced from the website of the Official Gazette of the Philippines.  It is the Q and A of the most awaited pay of every employee, the 13th Month Pay. Q:  What is 13th month pay? A:  13th month pay is a form of monetary benefit equivalent to the monthly basic compensation received by an employee, computed pro-rata according to the number of months within a year that the employee has rendered service to the employer. Q: Who are required to pay the 13th month pay? A: All establishments regardless of the number of employees are required to pay their rank-and-file employees the 13th month pay. A grabbed photo from google.com Q: Who are entitled to receive the 13th month pay? A: All rank-and-file employees regardless of the nature of their employment, and irrespective of the methods by which they are paid, provided they worked for at least one month during a calendar year. Q:  How is 13t...

A photo of Sen. Angara grabbed from google.com This is the transcript of Senator Angara’s interview on the proposed increase of tax exemption from P30,000 to P82,000.  Credit goes to the Senate of the Philippines which published this on its website senate.gov.ph on November 21, 2014. QUESTION: Sir na-pass na po sa second reading yung pag-raise ng tax exemption. Who and how many will benefit? Sen. Juan Edgardo Angara: Well, yung magbe-benefit dito siyempre yung medyo malaki yung bonus kasi in-increase natin from P30,000 to P82,000. Ang computation namin anywhere from 250,000 to maybe 480,000 taxpayers or members of the working class. QUESTION: Sir mahahabol po pa ba ito for this year? SJEA: Well, definitely sa Senate palagay ko kayang ihabol na maipasa this year but alam naman natin yung proseso ng pagbalangkas ng isang batas ay maraming dinadaanan. After third reading ng Senado dadaan pa ng bicameral conference yan tapos pupunta pa sa Malakanyang para sa pi...

N When you were in Manila, especially if you ride a taxi, you would have bad experiences, if not the worst one.  It would be common to contract a taxi driver, especially on rush hours, at a higher rate otherwise you would be denied. Most of the taxi drivers would deny any passenger for the following reasons, inter alia: 1. Traffic; and 2. Relatively Short Distance Good news that this situation was taken into consideration by our lawmakers.  Senator Miriam Defensor Santiago has proposed a bill in the senate that would provide protection to our riding public.  In return, this measure would hopefully deter the abuses done of our taxi drivers. This bill is the Senate Bill Number 1206 and shall be known as the “Taxi Passenger Bill of Rights Act”. Accordingly, these are the rights of a taxi passenger, to wit: 1. Be picked up and transported to their stated destination by any available on duty taxi driver, subject to applicable traffic regulation; 2. A fare meter duly ca...

A letter was sent to me via email.  To give an advice  to her and as well as to provide information to all  all the readers, I publish this post.  Of course, I would be maintaining the confidentiality of the sender. Dear Sir: Among my five children, there is one that I could consider him as a black sheep.  Could I deprive him any of my property?  Please enlighten me with this. Yours, Mrs. M Before answering the query of Mrs. M, please be informed of some of the terminologies provided in the Civil Code of the Philippines which are necessary in this case. First to be defined is a LEGITIME. Article 886 of the above-mentioned Civil Code defines what legitime is.  Accordingly, a legitime is that part of the testator’s property which he cannot dispose of because the law has reserved it for certain heirs who are, therefore, called compulsory heirs. A testator is a person who makes a will.   Who are the compulsory heirs? Article 887 of the Civil Code enum...

Jommy Teotico, a Pinoy Fear Factor winner, was arrested for allegedly using marijuana in their residence in Laguna. However, Teotico countered that he was using marijuana only for his Attention Deficit Hyperactivity Disorder (ADHD).  He added that he had proof to show that such use was recommended by his psychiatrist (ABS-CBNnews.com, November 11, 2014). Marijuana is one of the illegal drugs defined in Republic Act Number 9165 or otherwise known as the "Comprehensive Dangerous Drugs Act of 2002".  Thus, Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any other name. – Embraces every kind, class, genus, or specie of the plant   Cannabis sativa L.  including, but not limited to,   Cannabis americana ,   hashish, bhang, guaza, churrus   and   ganjab , and embraces every kind, class and character of marijuana, whether dried or fresh and flowering, flowering or fruiting tops, or any part or portion of the plant and seeds thereof, a...

Great news for all SENIOR CITIZENS.  Pnoy has just recently signed into law for the mandatory PhilHealth coverage for all senior citizens. This law is Republic Act Number 10645. It amended for the purpose R.A. No. 7432 as amended by R.A. No. 9994, otherwise known as the “Expanded Senior Citizens Act of 2010”. Accordingly, the government shall provide the following  1.  Additional Government Assistance; and 2. Mandatory PhilHealth Coverage “All senior citizens shall be covered by the national health insurance program of PhilHealth. Funds necessary to ensure the enrollment of all senior citizens not currently covered by any existing category shall be sourced from the National Health Insurance Fund of PhilHealth from proceeds of Republic Act No. 10351, in accordance with the pertinent laws and regulations”. Note: The photos used herein are taken from Google.

Maegan Aguilar, the daughter of the legendary Ka Freddie Aguilar,, was reportedly beaten up by her alleged live-in partner Ali when she tried to end their relationship on Saturday, November 8, 2014. ABS-CBNnews.com said that the alleged incident was posted on the Facebook account of Maegan’s bestfriend Maria Silorio. Considering that the alleged offender of Maegan was only her live-in partner, is she (Maegan) entitled of a protection provided in Republic Act Number 9262 or otherwise known as “Anti-Violence Against  Women and Their Children Act of 2004”? As provided in R.A. No. 9262, violence against women and their children refers to any act or a series of acts committed by any person against a woman: 1. who is his wife; 2. who is his former wife; 3. with whom the person has or had a sexual or dating relationship; 4. with whom he has a common child; 5. or against her children whether legitimate or illegitimate; within or without the family abode, which result in or is lik...

November is our National Reading Month.  This year’s theme is “Nasa Pagbasa ang Pag-asa.”  Hopefully, as we celebrate the National Reading Month, we could teach our children the values of reading books.  Yes, it is quite challenging considering that most of our children are into video games, computers, cellphones, tablet, iPads and the likes.   Reading habit will not only elevate the literacy rate of the country but it will also uplift and promote the moral and intellectual well-being of the people.  The government knows the benefits of having a reading habit.  Thus, in as early as June 17, 1994, the government has enacted a law that will provide for the establishment of congressional, city and municipal libraries and Barangay reading centers throughout the Philippines, appropriating the necessary funds therefor and for other purposes. This law is Republic Act Number 7743. One of the policies of the State is the recognition of the vital role of knowledge an...

Talumpati  ng  Kagalang-galang Benigno S. Aquino III Pangulo ng Pilipinas Sa panayam ng media ukol sa Ebola Virus [Inihayag sa Villamor Airbase, Lungsod Pasay, noong ika-7 ng Nobyembre 2014] Kagagaling lang po natin ng Guiuan, Eastern Samar kanina, at doon po, personal nating kinamusta ang mga kababayan nating sinalanta ng bagyong Yolanda. Makalipas nga po ang isang taon, nalulugod tayong makita ang mga pagbabago sa sitwasyon ng ating mga kababayan doon. Habang inaasikaso po natin ang rehabilitasyon ng mga sinalantang komunidad, hinaharap din natin ang panibagong mga hamon sa ating bansa. Pag-usapan po natin ang Ebola virus disease. Malamang nabalitaan na po ninyo, nagkaroon ng outbreak ng sakit na ito sa West Africa. Nitong Agosto, idineklara na rin ito ng World Health Organization bilang isang Public Health Emergency of International Concern. Mayroon na rin pong naitalang mga kaso nito sa ilang mga bansa. At bilang bahagi ng pandaigdigang komunidad, anuman ang mangyari sa ib...

As reported in ABS-CBN news webpage on November 6, 2014, an 11-year old girl was shot and killed by her mother's live-in partner in Asingan, Pangasinan. Is this an example of a parricide crime? According to Article 246 of the Revised Penal Code, a parricide is committed by any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, and shall be punished by the penalty of reclusion perpetua to death. In the news reported by ABS-CBN, who was killed by the alleged actor was the child of his live-in partner.  Said child was not the alleged killer's child. Hence, no parricide was committed. If not parricide, what crime did the allegd killer has committed? Generally, the crime committed allegedly was homicide.  However it may be qualified into murder considering the disparity of strength, that may be explained in the age and gender differences, between the alleged killer and the victim. Note: ...

As reported in ABS-CBNnews.com last November 6, 2014, a 12-year old girl from Kalibo, Aklan gave birth to a baby boy on November 3, 2014 at the Dr. Rafael S. Tumbokon Memorial Hospital in the province. Unfortunately, the family of the said girl minor had no knowledge about her pregnancy and even had no idea on the identity of the father of the baby. Granting sans accepting that it was a consented sex between the minor girl and the guy who fathered the baby, what is its legal implication, if any? As provided in Article 266-A of the Revised Penal Code of the Philippines, specifically on how rape is committed: Rape is committed -  1.  By a man who shall have carnal knowledge of a woman under any of the following circumstances: a.  Through force, threat or intimidation; b.  When the offended party is deprived of reason or is otherwise unconscious; c.  By means of fraudulent machination or grave abuse of authority; d.  When the offended party is under 12 years o...

It is not uncommon to see persons who have no means of subsistence but beg in the streets, public plazas, within the vicinity of the churches, traffic lights and in some other public places.  Some of them would indulge into selling their reputation or into prostitution in order to survive. As a matter of fact, some of us would consider them as eye sores. An eye sore that our government has continuously adopted measures in order to address this problem.  But, it seems those measures implemented and adopted by the government were inutile as the problem worsens. Actually, the Revised Penal Code provides a penalty for such act. Legally speaking, these people are called VAGRANTS. As defined, vagrants are: 1.  Any person having no apparent means of subsistence, who has the physical ability to work and who neglects to apply himself or herself to some lawful calling; 2.  Any person found loitering about public or semi-public buildings or places or tramping or wandering about...

On July 15, 2014, President Aquino has signed into law Republic Act Number 10643 or otherwise known as "The Graphic Health Warnings Law.  This act shall effectively instill health consciousness through graphic health warnings on tobacco products. If this law shall not be complied with, a sale of any cigarette or tobacco product shall not be allowed by any person or any legal entity. The reasons why this Act was enacted are: 1.  To have Graphic Health Warnings that effectively warn of the devastating effects of tobacco use and exposure to second hand smoke; 2.  To remove misleading or deceptive numbers or descriptions like "low tar", "light", "ultra lights" or "mild" which convey or tend to convey that a product or variant is healthier, less harmful or safer; and 3.  To further promote the right to health and information of the people. As defined in the Act, "Graphic Health Warnings" refer to the photograph...