Legal Matters and In Between

On July 17, 2017, President Rodrigo R. Duterte signed Executive Order No. 33 increasing the Employment Compensation (EC) Funeral Benefits for Employees in the Private and Public Sectors. Image grabbed from  Funerals360 Before the said Executive Order, employees in the private and public sectors received an amount of EC Funeral Benefits of Twenty Thousand (P20,000.00) Pesos.  However, said Funeral Benefit is no longer sufficient to cover ordinary funeral costs. Thus, backed with the Board Resolution Nos. 16-05-18 and 16-07-28 on 31 May 2016 and 28 July 2016, respectively, of the Employees' Compensation Commission approving the increase in benefits, the President signed the aforementioned Executive Order. Section 1 of the said Executive Order states: "The amount of EC Funeral Benefits in both the private and public sectors is hereby increased from Twenty Thousand Pesos (P20,000.00) to Thirty Thousand (P30,000.00) Pesos." This Executive Order shall ...

On July 25, 2017, GMA News reported that a 5-year old was allegedly raped and killed by a 13-year old.  The victim's parents wanted to have the suspect behind bars. Image grabbed from http://blogwatch.tv/2017/01/children-not-criminals/ The question that may be asked is whether or not the teen suspect can be placed behind bars.  As provided in Section 6 of Republic Act No. 9344 or the "Juvenile Justice and Welfare Act of 2006", thus: "Sec. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability.  However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act. A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be sub...

The first It's Showtime Tawag ng Tanghalan grand champion Noven Belleza was arrested on Sunday night, July 16, 2017, after appearing at Vice Ganda's concert in Cebu, following the accusations of a 19-year old girl who alleges that the singer molested her (http://entertainment.inquirer.net/235225/abs-cbn-issues-statement-noven-belleza-sexual-assault-case). Image grabbed from  Inquirer Entertainment - INQUIRER.net The formal charge against Belleza is a crime of sexual assault. The Anti-Rape Law of 1997 or Republic Act No. 8353 provides two forms of rape.  The first is rape by penetration and the second is rape by sexual assault. Rape by sexual assault is committed "By any person who, under any of the circumstances mentioned in rape by penetration, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person." How it i...

1. What is RA 10913 or the Anti-Distracted Driving Act?      RA 10913 or the Anti-Distracted Driving Act is a new law that prohibits motorists from using communication devices and other electronic entertainment and computing gadgets while vehicles are in motion or temporarily stopped on a traffic light or an intersection. A motorist, as defined under this law, is a person who is driving motor vehicle. 2. What vehicles are covered by this Act?       This act covers both public and private vehicles. It also covers wheeled agricultural machineries, construction equipment, and other forms of conveyances such as bicycles, pedicabs, trolleys, "habal-habal", "kuligligs", wagons, carriages and carts that may either be human-powered or pulled by an animal as long as the same are operated or driven in public thoroughfares, highways or streets. 3. What does this law prohibit?       Prohibited acts made while driving include but not...

Under Republic Act No. 9048, the city or municipal civil registrar or the consul general is authorized to correct a clerical or typographical error in an entry and/or change of first name or nickname in the civil register without need of a judicial order. Image grabbed from MasterCitizen's Blog-WordPress.com For this reason, there is no need to file in court to correct a clerical or typographical error in an entry and/or change of first name or nickname in the civil register. Clerical or Typographical Error refers to a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous, such as misspelled name or misspelled place of birth or the like, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records: Provided, however, That no correction must involve the change of nationality, a...

With the enactment of Republic Act No. 10172, the correction of clerical or typographical errors in the day and month in the date of birth or sex of a person appearing in the civil register shall be done without a need of a judicial order. Image grabbed from https://www.google.com.ph Thus, there is no need to file in court to correct this type of clerical or typographical errors. As defined: Clerical or Typographical Error - refers to a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register on the entry of day and month in the date of birth or the sex of the person, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records: Provided, however, that no correction to other existing record or records: (refers to the correction on the year of birth), or legitimacy status of the petition/document owner. ...

Republic Act No. 108831 or the "New Anti-Carnapping Act of 2016" lapsed into law on July 17, 2016 without the signature of then President Benigno S. Aquino III in accordance with Article VI, Section 27 (1) of the 1987 Constitution.  It repealed Republic Act No. 6539 otherwise known as the "Anti-Carnapping Act of 1972". Image grabbed from http://aboutcagayandeoro.com As defined, carnapping is the taking, with intent to gain, of a motor vehicle belonging to another without the latter's consent, or by means of violence against or intimidation of persons, or by using force upon things. Motor vehicle refers to any vehicle propelled by any power other than muscular power using the public highways, except road rollers, trolley cars, street sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian trucks, and cranes if not used on public highways; vehicles which run only on rails or tracks; and tractors, trailers and traction engines of ...

What is a protection order? It is an order issued under Republic Act No. 9262 for the purpose of preventing further acts of violence against a woman or her child specified in this Act and granting other necessary relief.  The relief granted under a protection order serve the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim's daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life. Image grabbed from  www.changeidentity.net What are the protection orders that may be issued? 1.  Barangay Protection Order (BPO) 2.  Temporary Protection Order (TPO) 3.  Permanent Protection Order (PPO) Who is the offended party of this Act? The following are the offended party: 1.  A woman who is:      a.  the wife of the offender;      b.  former wife of the offender;      c. ...

The following are the gambling laws of the Philippines: PRESIDENTIAL DECREE NO. 1602 It amended the criminal provisions of Arts. 195-199 of the Revised Penal Code of the Philippens (as amended), Republic Act No. 3063, Presidential Decree Nos. 483, 449, 510 and 1306 and all letters of instructions, executive orders, rules and regulations, city and municipal ordinances which are inconsistent thereof. Penalties: 1.  Imprisonment of prision correccional in its medium period or a fine ranging from One Thousand to Six Thousand Pesos, and in case of recidivism, the penalty of prision mayor in its medium period or a fine ranging from Five Thousand to Ten Thousand Pesos shall be imposed to those: a.  Any person who in any manner shall directly or indirectly take part in any illegal or unauthorized activities or games of  cockfighting, jueteng, jai alai or horse racing to include bookie operations and game fixing, numbers, bingo and other forms of lotteries; c...

Just this morning, someone was bothered because her name was used in dealing with transaction that would have an impact on her person.  If not abated, it would cause damage not only on her properties but on her identity in general. Image grabbed from www.google.com We have a law penalizing using fictitious name and concealing true name.  Accordingly, a penalty shall be imposed upon any person who shall publicly use a fictitious name for the purpose of concealing a crime, evading the execution of a judgement or causing damage. As defined, a fictitious name is an assumed name that differs from an individual's actual name (http://legal-dictionary.thefreedictionary.com/fictitious). What is the purpose of using fictitious name?  As provided, the purpose shall be for: 1.  concealing a crime;  2.  evading the executing; or 3.  causing damage. Note that the use of a fictitious name shall be for PUBLIC. What is the penalty o...