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...