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Author name: Melissa Renee Mendiola

MANILA CREDIT CORPORATION vs VIROOMAL

Facts Respondent Sps. Ramon and Anita Viroomal obtained a loan from petitioner Manila Credit Corporation (MCC) under Promissory Note (PN) No. 7155 in the amount of 467,600.00 payable in 60 months. gacor4d slot gacor 4d cantiktoto login totoagung pay4d slot gacor 4d situs toto slot bonus restoslot4d bandar toto situs toto situs toto totoagung login agen slot situs 4d situs toto angka jitu toto togel situs toto slot situs pay4d situs judi slot situs toto situs idn toto panel slot slot gacor 4d terbaru situs gacor bandar togel online agen toto togel online slot gacor hari ini idn toto togel online resmi situs slot slot gacor 4d toto slot slot server thailand gacor4d slot thailand gacor 4d slot gacor link bandar togel slot qris slot gampang scatter situs toto slot gacor 4d idn slot bandar togel toto slot agen toto slot link gacor agen slot gacor situs toto situs toto situs toto slot gacor gacor4d toto slot situs judi slot link gampang menang situs toto slot The loan has an interest rate of 23.36% per annum, and is secured by a real estate mortgage (REM) over Ramon’s property in Paranaque City. They later requested a loan restructuring, resulting in the execution of a second promissory note, Promissory Note No. 8351 (PN 8351), in the amount of PhP495,840 payable in 84 months at 24.99% interest per annum. The restructured amount represents the unpaid balance in PN 7155, including interests and penalty charges. When Spouses Viroomal failed to make timely authorizations, MCC demanded full payment of the outstanding obligation of PhP549,029.69 as of October 15, 2016. The spouses, however, claimed they had already paid a total of PhP1,175,638.12 and thus asked for a recomputation, but were ignored by MCC. MCC then proceeded with the extrajudicial foreclosure of the real estate mortgage, prompting Spouses Viroomal to file a complaint with the RTC for the declaration of nullity of real estate mortgage as well as of the interest rate and other charges for being unconscionable, iniquitous, and immoral. The spouses argued that their loan obligation was already fully paid, had they not been burdened with the 36% per annum effective interest rate (EIR) and other charges which they claim were surreptitiously imposed by MCC. RTC Decision The RTC subsequently rendered a Decision in favor of Spouses Viroomal, declaring void PN 8351 and the interests compounded by MCC in PN 7155 for being grossly excessive. The spouses were thus allowed to recover from MCC overpayment in the amount of PhP417,859.58. The RTC also ordered the title in the name of MCC canceled, and Ramon’s title reinstated. CA Decision The RTC was affirmed by the CA, hence the recourse of MCC to the Court. It held that MCC imposed 36% per annum, equivalent to 3% per month effective interest rate (EIR) on respondents’ outstanding balance upon delay. The EIR was charged on top of the 1/10 of 1% of interest for each day it remains overdue, 1.5% per month penalty charge, and Php 100.00 collection fee, in addition to the stipulated 23.36% interest per annum on the principal amount. In total, MCC charged 77.46% interest per annum, which must be equitably reduced for being exorbitant and unconscionable. Issue Whether the stipulated interests, penalty charges, and the compounding of interests are valid as these were clearly expressed in the contract, which has the force of law between the parties. Ruling The Court cannot sustain the imposition of the compounded 3% monthly ElR. The evidence shows that the EIR was not indicated in PN No. 7155. MCC unilaterally imposed the EIR by simply inserting it in the disclosure statement. This is not valid and does not bind the respondents as it violates the mutuality of contracts under Article 1308 of the Civil Code, which states that the validity or compliance to the contract cannot be left to the will of one of the parties. Reiterating its 2021 ruling in Megalopolis Properties, Inc. v. D’Nhew Lending Corporation, the Court held that while there is no “numerical limit on conscionability, the rate of 3% per month or 36% per annum is three times more than the 12% legal interest rate, and therefore excessive and unconscionable.” The Court added that the “willingness of the debtor in assuming an unconscionable rate of interest is inconsequential to its validity.” When MCC and the respondents executed PN No. 7155 in September 2009, the legal interest rate was fixed at l2% per annum. This rate was considered the reasonable compensation for forbearance of money. As held in Spouses Abella v. Spouses Abella, while the contracting parties may depart from the legal interest rate, any deviation therefrom must be reasonable and fair. If the stipulated interest for a loan is more than twice the prevailing legal rate of interest, it is for the creditor to prove that this rate is justified under the prevailing market conditions. No justification was offered by MCC in this case.  Further, under Article 1409 of the Civil Code, such contracts contrary to morals are inexistent and void from the beginning. In loan agreements, in particular, while the contracting parties may depart from the legal interest rate, any deviation therefrom must be reasonable and fair. “If the stipulated interest for a loan is more than twice the prevailing legal rate of interest, it is for the creditor to prove that this rate is justified under the prevailing market conditions,” held the Court. Note however that only the EIR and stipulated interest rates and penalties are declared void for being unconscionable. The very nature of the parties’ contract of loan entitles MCC to recover not only the principal amount, but also the payment of monetary interest from the respondents, as compensation for the use of the borrowed amount. Based on Article 1420 of the Civil Code, respondents’ obligation to pay the principal and the interest subsists as this can be separated from the void interests rates and charges.  For PN No. 7155, respondents have a total overpayment of Php 203,532.47. For PN

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How to Properly Close a Business

Sometimes, the best business move you can make is to close it entirely. This can be for a variety of reasons, such as low profits, health issues, or retirement. A business can also close due to entirely unforeseen circumstances. For example, many businesses in the Philippines closed down due to the Coronavirus pandemic. Whatever your reasons may be for wanting to close a business, it’s important to follow the proper procedure for doing so. Otherwise, you could face tax penalties or illegal dismissal cases. Properly closing a business doesn’t just mean stopping all operations; you have to make sure that said business is closed in the eyes of the law as well. Here’s what you need to do, one step at a time. totoagung restoslot4d totoagung2 slotgacor4d totoagung cantiktoto cantiktoto situs toto toto slot restoslot4d cantiktoto cantiktoto restoslot totoagung amintoto sakuratoto totoagung slot totoagung2 totoagung2 totoagung amintoto situs toto sakuratoto slotgacor4d amintoto amintoto cantiktoto situs pay4d slotgacor4d totoagung slotgacor4d restoslot4d restoslot4d restoslot4d idn slot totoagung restoslot4d restoslot4d slotgacor4d slotgacor4d slotgacor4d qdal88 restoslot4d amintoto amintoto sakuratoto3 restoslot4d restoslot4d cantiktoto totoagung2 sakuratoto sakuratoto sakuratoto2 daftar slot gacor amintoto amintoto amintoto amintoto slot gacor 4d slot thailand slotgacor4d sakuratoto3 qdal88 Employee Termination While this may seem obvious at first glance, it’s crucial to remember that you have to properly terminate all employees you may have before doing anything else. If you don’t, there’s a chance that you’ll one day have to face an illegal dismissal lawsuit. Be sure to inform all employees and the Department of Labor and Employment (DOLE) at least thirty (30) days before the date of termination. All terminated employees would also be entitled to separation pay, unless the reason for closure is due to serious business losses. Once DOLE has been informed and your employees have been properly terminated, you can start the process of closing your business with the following key offices. Notice to Barangay First, you will need to inform your barangay to get a Barangay Certificate of Closure. This will be one of your requirements when finalizing the closure with the Mayor’s Office later on.  To do this, you’ll first need to write a letter of request for retirement or closure of business. When writing this letter, make sure to include important information such as the registered business name, the date of registration with the government, and your business permit number. Then, state your reasons for closing your business and your proposed date of closure. Finally, include a declaration saying that your business has no outstanding obligation or liability with the barangay. Once your letter has been processed, you will receive your Barangay Certificate of Closure. Notice to the City Hall / Mayor’s Office Once you’ve received your Barangay Certificate, you can move onto completing your requirements with the City Hall, or whichever Local Government Unit (LGU) that has authority over the business. Here, you will obtain your City Hall closure certificate, which is necessary later on with the Bureau of Internal Revenue. However, note that some requirements may differ depending on whether your business is a sole proprietorship, partnership, or corporation.  Requirements can vary depending on which LGU you have to go to, so it’s best to double check with the appropriate authorities first. The requirements you must prepare include, but are not limited to: Once the City Hall has processed your closure, you will receive a City / Municipal Hall Certificate of Closure. Notice to the Bureau of Internal Revenue Closing your business without canceling your BIR registration means you will have to continue paying taxes for a business that is no longer active. You might even have to deal with penalties and interests, draining your money even further. Thus, it’s important to cancel your BIR registration as soon as you receive your City / Municipal Hall Certificate of Closure. The documents you must submit include: You will receive a BIR Tax Clearance Certificate once your BIR registration has been officially canceled. This document will prove that you have closed your business at the BIR and have settled all liabilities.  Notice to the Securities and Exchange Commission Next, you’ll need a Certificate of Dissolution from the Securities and Exchange Commission. However, this is only applicable if your business is a partnership or a corporation. If your business is a sole proprietorship, you can skip this step. To secure a Certificate of Dissolution, be sure to prepare the following documents: Notice to the Department of Trade or Industry  On the other hand, if your business is a sole proprietorship, you don’t have to go to the SEC. Instead, you need to cancel your business registration with the Department of Trade or Industry. Luckily, you do not have to prepare as many documents when canceling your business registration with the DTI. You only need to submit the following: SSS, Philhealth, and Pag-Ibig Finally, be sure to inform SSS, Philhealth, and Pag-IBIG of your business closure so that your business is cleared of any government regulatory obligations. Otherwise, these three agencies will assume that the business is still active and that it has stopped paying its remittances. This could lead to unnecessary fees years down the line. Once all of your obligations with the government are taken care of, it’s time to announce the closure of your business so that your consumer base knows what’s going on. After that, it’s only a matter of tying up loose ends and being able to say a proper farewell to your company before its official date of closure.

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All You Need to Know About Remedies for VAWC Survivors

Are you a survivor of violence against women and children, or VAWC? VAWC is an incredibly prevalent problem in the Philippines. In fact, it’s likely that you or one of your loved ones already know a victim of VAWC. According to the Department of Health (DOH) Central Luzon Center for Health and Development (CLCHD), there were 629 reported cases of VAWC in 2022. Many more cases remain unreported. The National Demographic and Health Survey (NDHS) also reported that 17.5% of Filipino women aged 15-49 have experienced some form of physical, sexual, or emotional violence from their partners in 2022. Remedies for VAWC survivors are necessary for victim-survivors to begin rebuilding their lives. Thankfully,​ Republic Act No. 9262 or the “Anti-Violence Against Women and Their Children Act of 2004” has implemented legal remedies for victims so that they may seek justice for the wrong done unto them. These remedies can also be the means for the victims to claim support from the perpetrators as they move forward with their lives after the abuse. This article aims to explore the available remedies for VAWC survivors so they can decide which is best for them. Criminal Charges One of the first things a victim-survivor of VAWC should do is to file a case as soon as possible. This can give her peace of mind and allow her access to other remedies that are available to her. VAWC encompasses a large number of crimes and forms of abuse that a victim-survivor can endure. The forms of violence that can be prosecuted under VAWC are physical violence, sexual violence, emotional violence, psychological violence, and economic abuse. gacor4d totoagung2 login cantiktoto login cantiktoto cantiktoto amintoto totoagung totoagung2 totoagung demo spaceman totoagung2 totoagung2 cantiktoto totoagung restoslot4d amintoto cantiktoto cantiktoto cantiktoto cantiktoto totoagung amintoto situs toto totoagung totoagung slot situs toto totoagung totoagung2 cantiktoto cantiktoto restoslot4d cantiktoto pay4d The following must be proven in order to successfully prosecute a crime under VAWC: Battered Woman Syndrome “Battered Woman Syndrome” is a scientifically defined pattern of psychological and behavioral symptoms found in women who have suffered cumulative abuse from their partners. If a victim of VAWC is proven to be suffering from battered woman syndrome by an expert psychiatrist or psychologist, she may use it as a justification for her acts if she is accused of committing a crime in the name of self-defense.  For example, say that a victim-survivor of VAWC killed her husband as a means to escape from his extreme abuse. She still would not incur any criminal or civil liability in court, even after being found guilty of killing her husband. This is because the law deems any act committed by a victim-survivor with Battered Woman Syndrome to be justified. The victim-survivor’s state of mind at the time would render her terrified of imminent harm from her abuser. She honestly believed that it was necessary for her to kill him to save her own life. Protection Orders A protection order prevents further acts of violence from the perpetrator against his or her victim. It also grants the victim other forms of necessary relief to help her rebuild her life. There are three types of protection orders available for victims: the Barangay Protection Order (BPO), the Temporary Protection Order (TPO), and the Permanent Protection Order (PPO). BPOs are effective for fifteen days. They are issued by the Punong Barangay ordering the perpetrator to desist from committing further acts of violence. Within twenty-four (24) hours after a BPO is issued, barangay officials shall assist the victim-survivor/petitioner in filing for an application for a TPO with the nearest court in the place of residence of the victim-survivor. TPOs are issued by the court, but are only effective for thirty days. Prior to or on the date of the expiration of the TPO, the same court that issued it shall schedule a hearing on the issuance of a PPO. A PPO may be issued by the court after a notice and hearing. Note that there are various factors to consider during the hearing on the issuance of a PPO. These protection orders can prohibit the perpetrator from harming or communicating with the victim. It also removes the perpetrator from the victim’s home and directs the perpetrator to stay away from the victim up to a certain distance specified by the court. Custody of Children A woman victim of violence is always entitled to the custody of any children she and the perpetrator may have. This applies even if the woman is suffering from Battered Woman Syndrome. On the other hand, the perpetrator would most likely lose his/her custody of their children. He/she will not be allowed custody under any circumstances if the victim is suffering from Battered Woman Syndrome. In addition, minor children below seven (7) years old with mental or physical disabilities are immediately given to the mother. This is unless the court finds compelling reasons to order otherwise. Damages Any victim of violence under VAWC is entitled to actual, compensatory, moral, and exemplary damages. This could include, but is not limited to, property damages, medical expenses, childcare expenses, and loss of income. The remedies provided under Republic Act No. 9262 are meant to give power back to the victim. This is so she is able to better rebuild her life after such a traumatic experience.

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Everything You Need to Know About Mergers and Acquisitions

Have you ever heard of mergers and acquisitions? Many new people in the business world often misunderstand this term and what it entails. Others may only have a surface-deep level understanding. Simply put, mergers and acquisitions is the general term describing the process of combining two business entities into one.  Here’s what you need to know. What is the difference between mergers and acquisitions? Mergers and acquisitions, or M&A, is the umbrella term for the consolidation of two companies. However, there is still a difference between a merger and an acquisition. These two terms, when used on their own, are not interchangeable. A merger occurs when two businesses combine into a new, third legal entity. On the other hand, an acquisition occurs when a company purchases and absorbs another company.  daftar totoagung2 cantiktoto link alternatif data toto macau slot gacor 4d agen slot situs gacor totoagung2 situs toto slot bandar togel idn slot slot server thailand toto slot slot gacor idn slot online situs toto slot bonus togel online resmi slot qris totoagung bandar toto totoagung login toto togel situs toto situs 4d toto slot login idn live situs slot situs idn toto pay4d slot A merger usually occurs between two entities of roughly the same size. There is an amicable relationship between the two companies, and their respective CEOs must agree that this is the best strategic move for both sides. The companies may either choose a new name for their new company or continue using one of the existing company names. Both companies also have to surrender their old stock, as new stock must be issued under the name of the new business entity. This is why it’s important to ensure that both companies completely agree with the merger. On the other hand, acquisitions occur when one company absorbs another. It can be a friendly takeover, which is the case if the acquired company agrees with and is willing to undergo the acquisition. If the acquired company did not want to be bought, however, the acquisition is then referred to as an unfriendly or hostile takeover. The acquiring company keeps its name as it absorbs the acquired company, which will cease to exist under its own name. The acquiring company would also own any previously owned assets of the acquired company. What are the advantages and disadvantages of mergers and acquisitions? M&A is a major decision a company shouldn’t take lightly. It’s important to be intimately aware of its advantages and disadvantages before you commit your company to a M&A transaction. Here are some of the pros and cons of M&A before you commit. The advantages of M&A: The disadvantages of M&A: We hope that you keep this information in mind as you determine the best strategic move for your company. We wish you luck on your business endeavors!

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What You Need to Know About Types of Intellectual Property

Do you know the differences between patents, copyrights, and trademarks? These terms all refer to different types of intellectual property, which can help prevent your work from being stolen by anyone else. Their best way to differentiate them is to know what each one protects.  If you’re starting your own business, it’s important to protect your branding and your product for your endeavor to succeed. But which of these do you really need, and how do they differ from the other? Here’s what you need to know about patents, copyrights, and trademarks. What is a patent? A patent is a property right granted to creators of new inventions or processes. These can include simple devices like mouse traps, complex machinery for factories, or pharmaceutical drugs. An invention or solution can only be patented if it is new, innovative, and industrially useful.  totoagung2 daftar cantiktoto link alternatif amintoto toto slot game slot high flyer pragmatic play toto slot login togel slot idn toto slot thailand slot gacor 4d toto macau 4d togel slot situs toto macau togel online terpercaya slot qris terbaru toto slot bandar slot daftar totoagung toto slot toto togel toto slot login slot gacor idn slot slot gacor 4d idn slot online pay4d login While you can sell or use your invention without a patent, there is a risk that it will be copied by another party. Having your invention patented can prevent others from profiting off of it, either through making, using, or selling said invention. You can also grant other parties the rights to your invention, so long as both parties agree on mutual terms. Alternatively, you can sell your rights over the patented invention to another party. This relinquishes your rights on the creation and passes it onto the other party instead. Note that there are certain inventions and solutions that cannot be patented. These include aesthetic creations, abstract ideas, discoveries and other scientific theories, methods of treatment, animal breeds or plant varieties, computer programs, and any work against public morality. If you want your invention to be granted a patent, you’ll have to file an application to the Bureau of Patents of the Intellectual Property Office of the Philippines (IPOPHIL). Note that patent protection only lasts up to twenty (20) years from the date it was filed, and this cannot be renewed.  What is a copyright? Copyright protects an owner’s literary, scientific, or artistic creations. Books, songs (with or without words), illustrations, photographs, cinematographic works, and computer programs are some of the many works that copyright protection covers. If you’d like to have your work protected under copyright law, you will need to register it with the Intellectual Property Office (IPOPHIL). In the Philippines, copyright protection lasts for the entirety of the author’s lifespan, plus an additional fifty (50) years after the author’s death. Once such copyright protection expires, it enters the public domain, granting the public free access and rights to use it in any way they want. Derivative works, which are based on works that already exist, are also protected by copyright. Creators who want to create something based on an existing piece will not be violating the original piece’s copyright protection. Examples of derivative works include adaptations, translations, or other alterations of literary or artistic works. Collections of works, such as a short story collection, are also considered derivative works. While copyright protection covers a fast number of literary, scientific and artistic creations, there are some works that are unprotected. These include: In addition, no copyright shall subsist in any work of the Government of the Philippines. This is all according to the Intellectual Property Code. What is a trademark? A trademark identifies your brand and helps differentiate it from your competitors. A trademark can be a word, phrase, symbol, or a combination of the three. However, unorthodox trademarks exist, such as sounds, colors, and even smells. A unique trademark is a great way to help consumers remember your brand. Some well-known examples of trademarks include Nike’s check mark symbol or Pepsi’s blue and red circle. A registered trademark prevents your competitors from using not only your trademark, but also anything similar to it. This can help you set your brand apart from the crowd. It also prevents anyone from imitating your brand to ruin its reputation or get its consumer base.  Similar to copyrights, you can file a trademark application with the Intellectual Property Office of the Philippines. Trademark protection in the Philippines only lasts ten (10) years from the date of registration, but you can also renew it every ten (10) years. A trademark can thus theoretically last forever as long as it keeps getting renewed. Now that you know the differences between the different types of intellectual property, you can identify which ones apply to your brand so you can protect your work accordingly.

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What to Know About Establishing a Corporation

Having ownership of a corporation can open up many new possibilities for your business, especially compared to having a sole proprietorship or a partnership. You might not want to have personal liability on your business anymore, or perhaps you’d like to seek out investors by offering them stock. A corporation can offer you growth that the other two business entities can’t achieve. In the final part of this series, we’ll be discussing the final type of business entity that you can create. If you’re thinking of incorporating your business, here’s what you need to know. What is a corporation? A corporation is a business structure that is its own legal entity. This means that it exists independently of its owners and/or incorporators and has the same rights and obligations of an individual. Its ownership is divided into stock shares; individuals and other businesses who possess the stock of a corporation are its owners or stockholders. slot thailand slot resmi slot 4d idn togel toto slot pay4d slot data macau toto slot totoagung totoagung bandar toto togel slot slot gacor hari ini slot gampang menang pay4d idn toto pay4d heylink A corporation differs from a partnership because partnerships aren’t considered a legal entity. Additionally, partnerships only require two or more individuals to form, while corporations need a minimum of five and a maximum of fifteen. What are the advantages and disadvantages of a corporation? There are several advantages to incorporating your company. Firstly, any risk and liability you may encounter will only affect the corporation itself, and owners are not personally liable. It can also easily be passed down to different owners and live indefinitely, ensuring that it will continue to persist even after its owners are no longer around.  On the other hand, it does have its own disadvantages that you should consider if you want to incorporate your company. It is the most challenging business structure to set up in terms of expenses and paperwork. It also generally has a higher capital requirement and operation cost. Finally, corporations are subject to more compliance requirements and laws compared to partnerships and sole proprietorships. How do you establish a corporation? There are many similarities between the steps for establishing a corporation and a partnership, so expect to see many of the same steps that we’ve discussed in our previous article regarding partnership businesses. Here’s what you need to do to establish a corporation:  All partnerships and corporations must secure a certificate of registration with the Securities and Exchange Commission, or SEC, in order to operate. You can start off by going to their website to check the availability of the name of your business and fill out the application form. However, you can also do this at your nearest SEC office. To register your business in the SEC, you’ll have to prepare and notarize a few documents. These are your organization’s by-laws and articles of incorporation, the joint affidavit of at least two incorporators, and an affidavit of your organization’s treasurer. You’ll also need your name reservation/verification slip, your cover sheet, and your registration data sheet. Since you’ll be setting up your organization in your barangay, it’s important to get your business a barangay clearance. This ensures your community that your business adheres to the standards of their local Barangay. To complete your application, you’ll need your Certificate of Business Registration from the SEC, two (2) valid IDs, and a proof of address. This can be the contract of your lease if your location is rented, or your Certificate of Land Title if you own your own location. Similar to your Barangay Clearance, you’ll need a Business Permit or Mayor’s Permit so that you can run your business in your municipality. These permits are also proof that your business meets the standards of the Local Government Unit, or LGU. Note that these permits do have an expiration date, as they must be renewed once a year. Note that you’ll only be able to get these permits after you’ve secured the other requirements in the previous steps: a Certificate of Registration from SEC and a Barangay Clearance. You’ll also need two (2) valid IDs and a proof of address, similar to what you provided when applying for your Barangay Clearance. You’ll need to register with the Bureau of Internal Revenue or BIR to comply with tax obligations. Registering with the BIR will also grant you permission to issue official receipts, register books of accounts, and obtain a separate Tax Identification Number for your business.To complete your registration, you’ll need to accomplish BIR Form 1903 – Application for Registration (For Partnerships/Corporations). Besides your complete BIR Form, you’ll also need to submit your previously completed Certificate of Registration from the SEC, Barangay Clearance, and Business or Mayor’s Permit. You’ll also need proof of address and a valid ID. Then, register your account books and up-to-date invoices. After this, you’ll finally get your BIR Certificate of Registration. Finally, register with these government-mandated agencies as an employer. You will need to register your employees with the Philippine Health Insurance Corporation (Philhealth) and the Home Development Mutual Fund (HDMF) and remit their shares of contribution to the aforementioned agencies. Philhealth is responsible for providing your employees with health insurance, while the HDMF administers the Pag-IBIG Fund, which provides affordable financing for its members’ housing needs. You’ll also need to register both your business and your employees in the SSS so you can properly remit your employees’ monthly contributions.  This concludes our series about establishing your own business. Whether you plan on opening a sole proprietorship, partnership, or corporation, we hope that our guides have given you insight on the process you’ll have to go through.

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Is This a Violation of Right to Privacy?: Christian Cadajas vs People

The case of Christian Cadajas vs People of the Philippines, G.R. No. 247348, raises several issues that are deserving of separate discussions. For now, we shall focus on the issue of the violation of one’s right to privacy. Facts Christian Cadajas met the victim, AAA, in the canteen where he works. At the time, he was 24 while AAA was 14. Their relationship began when AAA’s younger sibling told Cadajas that AAA had a crush on him. Cadajas tried to evade AAA, but then she began to stalk him and eventually sent a request in his Facebook Messenger, which he accepted. Cajadas and AAA would then begin exchanging messages on Facebook Messenger. Eventually, Cadajas courted AAA for two weeks, until they got together on April 2, 2016. pay4d slot idn slot toto slot 4d toto slot slot online toto slot pay4d group AAA would borrow the cellphone of her mother, BBB, to access her own Facebook account. This is how BBB learned of the relationship in June 2016. She was then able to read their messages whenever AAA forgot to log out of her account. BBB disapproved of their relationship because AAA was still too young, but the couple ignored her admonishment. Sometime in October 2016, BBB was disheartened when she read that Cadajas was sexually luring her daughter into meeting with him in a motel. She confronted Cadajas and told him to stay away from AAA as she was still a minor. At around 5:30 in the morning of November 18, 2016, BBB was shocked to find out that Cadajas had been coaxing her daughter into sending him photos of her own breasts and vagina. AAA relented and sent Cadajas the photos he was asking. When AAA learned that her mother read their conversation, she rushed to a computer shop to delete her messages. BBB, however, was able to force her to open Cadajas’s Facebook Messenger account to get a copy of their conversation. Cadajas admitted to sending AAA messages such as, “oo ready ako sa ganyan,” and “sige hubad.” He, however, denied having sent AAA photos of his privates. On November 17, 2016, AAA asked Cadajas to delete their messages from his account. He even told her, “bakit kasi hindi ka pa nagtitino, hayan tuloy nakita ng mama mo.” On the same day, Cadajas broke up with AAA because her mother did not like him. Cadajas was charged for violation of Section 10(a) of R.A. No. 7610, also known as the Special Protection of Children Against Abuse, Exploitation and Discrimination Act. He was also charged for child pornography as defined and penalized under Section 4(c)(2) of R.A. No. 10175, known as the Cybercrime Prevention Act of 2012,  in relation to Sections 4(a), 3(b) and (c)(5) of R.A. No. 9775, known as the Anti-Child Pornography Act of 2009. One of the arguments raised by the petitioner concerns the admissibility of the evidence presented by the prosecution, which was taken from his Facebook messenger account. He claims that the photos presented in evidence during the trial of the case were taken from his Facebook messenger account. According to him, this amounted to a violation of his right to privacy, and therefore, any evidence obtained in violation thereof amounts to a fruit of the poisonous tree. Issue Is the evidence, which was taken from Cadajas’ Facebook messenger account, presented by the prosecution inadmissible, and therefore violated Cadajas’ right to privacy? Under the 1987 Constitution, the right of privacy is expressly recognized under Article III, Sec. 3 thereof, which reads: SECTION 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.  While the above provision highlights the importance of the right to privacy and its consequent effect on the rules on admissibility of evidence, one must not lose sight of the fact that the Bill of Rights was intended to protect private individuals against government intrusions. Hence, its provisions are not applicable between and amongst private individuals. While the case of Zulueta v. Court of Appeals (Zulueta) may appear to carve out an exception to the abovementioned rule by recognizing the rule on inadmissible of evidence between spouses when one obtains evidence in violation of his/her spouse’s right to privacy, such a pronouncement tis a mere obliter dictum that cannot be considered as a binding precedent. This is because the petition brought to the Court in Zulueta simply asked for the return of the documents seized by the wife and thus, pertained to the ownership of the documents therein. Moreover, documents were declared inadmissible because of the injunction order issued by the trial court and not on account of Art. III, Sec. 3 of the Constitution. At any rate, violation of the right to privacy between individuals is properly governed by the provisions of the Civil Code, the Data Privacy Act (DPA), and other pertinent laws, while its admissibility shall be governed by the rules on relevance, materiality, authentication of documents, and the exclusionary rules under the Rules on Evidence. In this case, the photographs and conversations in the Facebook Messenger account that were obtained and used as evidence against Cadajas, which he considers as fruit of the poisonous tree, were not obtained through the efforts of the police officers or any agent of the State. Rather, these were obtained by a private individual. Indeed, the rule governing the admissibility of an evidence under Article III of the Constitution must affect only those pieces of evidence obtained by the State through its agents. It is these individuals who can flex government muscles and use government resources for possible abuse. However, where private individuals are involved, for which their relationship is governed by the New Civil Code, the admissibility of an evidence cannot be determined by the provisions of the Bill

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Everything You Need to Know About the Kinds of Audits

What do you know about audits? An audit is an evaluation of a company’s process or quality system to ensure that it complies with rules and regulations. Audits can be done internally by the employees of the company, an independent auditor, or an outside firm.  Many people associate the word “audit” with financial audits, wherein an independent party evaluates a company’s financial statements. However, there are many different types of audits used to evaluate a company. Here are the three common types of audits. Financial Audit As aforementioned, financial audits are a thorough evaluation of an organization’s financial statements and accounts. This is to make sure that a company is representing their finances truthfully and accurately. It’s also done to ensure that the company is complying with the laws of the government. pay4d idn togel panel idn During a financial audit, your auditor will most likely review your account balances, transactions, financial statements, historical documents, internal documents, financial statements, and financial commitments such as loans. Besides government compliance, you can gain several benefits from getting an audit. An audit can point out any accidental errors and discrepancies, but it can also possibly detect cases of real financial fraud. Financial audits can also take an overall look at the organization’s financial performance to see which areas need improvement and which can be streamlined and optimized. Internal Audit Internal audits evaluate the organization’s internal controls, which are described as the accounting processes used by the company’s finance department. This includes its risk management, corporate governance, and accounting processes. Similarly to the other types of audits, one of its main goals is to ensure compliance with the set rules and regulations.  There are several types of internal audits. Risk management, for example, focuses on detecting and preventing cases of fraud or abuse. It can also check the organization’s work culture, ethics, and morale and evaluate what can be improved. Environmental audits evaluate the organization’s impact on the planet, so that it can strive to turn to more eco-friendly strategies in the future. While internal audits usually aren’t compulsory, it can help managers learn more about their organization’s potential, its strengths and weaknesses, and what direction it is currently going. By doing so, business owners can take steps towards improving their company further. Internal audits are done by the company’s in-house auditing team. Operational Audit Finally, operational audits examine the organization’s day to day and overall operations to check its efficiency and effectiveness. This type of audit goes beyond financial concerns and takes a look at the organization as a whole.  Your auditor would want to observe different aspects of your organization, depending on the type of operational audit. For example, department audits can specifically look at the procedures and processes of the marketing team or HR team. If changes are implemented around the company after an initial operational audit, a follow-up audit may be done later on. Similarly to internal audits, operational audits are all about finding new ways to make business operations smoother and easier. Auditors can offer managers a new perspective on their business operations, find blind spots that you may have swept past, and offer changes with its own opportunities and risks. Unlike internal audits, however, operational audits cannot be done in-house. Instead, companies would hire an expert to do the audit for them. If you’re looking for trustworthy auditors to perform audits for your business, consider booking a consultation with Sadsad Tamesis Law and Accountancy Firm.

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4 Reasons Why Bookkeeping in Accounting is Important

Bookkeeping refers to the constant and consistent recording of an organization’s complete financial transactions. This includes purchases, sales, receipts, and payments. Bookkeepers should create an organization’s record before they begin creating transactions, so that each one can be properly recorded.  But is bookkeeping that important? What benefits does it offer an organization? Here are four reasons why bookkeeping is essential for all corporations. Organized Record Keeping Sometimes having unorganized records feels worse than not having any records at all. The chaos of going through your files, especially under a deadline, can add an unnecessary amount of stress to workload. Doing your books often and keeping all of your records in one place cuts out a lot of work and stress for everyone in your team, letting you find what you need in no time. This is especially applicable if you do your bookkeeping digitally, as everything can be stored in one file and searched in less than a few seconds. idn live situs pay4d Budgeting and Forecasting Creating and adhering to a budget is one of the key ways to make your organization succeed. Bookkeeping can help your budgeting in two different ways. Firstly, consistent bookkeeping will tell you how much you spend and gain in a given time, which can help if you’re trying to create a new budget within the organization’s limits. Secondly, bookkeeping keeps track of where your money comes and goes. Having such a clear visual can help you see if you’re adhering to your budget or not, and if you’re going overboard with your expenditures. Audit Readiness Your company must always meet the government’s rules, policies, and procedures in order to keep running legally. To ensure this, you’re required to submit a financial audit once a year. Seeing as that’s a whole year of activities, it may be challenging to retrieve those documents as the deadline approaches. Bookkeeping, whoever, records all financial transactions from the beginning of your organization’s life till the end. Having a bookkeeper means you have easy access to your records, meaning you’re fully prepared at all times for the day of your financial audit. Risk Management A company that doesn’t keep records of its transactions is seriously prone to data theft, financial discrepancies, and financial fraud. You may not know that you’re a victim of such crimes until it’s too late. Bookkeeping lowers these risks significantly by keeping close track of all of the organization’s legitimate transactions. Any discrepancies would be immediately found out, lowering the risk and probability of this crime ever occurring to you.

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Are Stipulated Interest Rates Inherently Unconscionable?: PABALAN v SABNANI

Facts Sabnani obtained a short-term loan from Pabalan amounting to P7.45 Million. As securities for the loan, he executed two Promissory Notes (PN) and a Deed of Real Estate Mortgage (REM) over his condominium unit at the Skyland Plaza Condominium in Makati City. The First PN indicated that the loan amount is P1.45M, with 8% interest per month, payable within three months. Meanwhile, the second PN indicated a principal loan amount of P6M, with 5% interest per month, payable within three months.  The PNs had provisions on the consequences of default, summarized as follows: The REM reiterated payment terms in the PNs and gave Pabalan the right to foreclose the property in case of default. It also had an acceleration clause stating that such failure to pay any amounts due would render the entire obligation immediately due and demandable.  Sabnani failed to pay one installment and a demand letter was sent to him, asking him to pay the total amount of P8.9M which consisted of the P7.45M principal loan and interest and penalty charges of P1.49M. When Sabnani failed to pay again, Pabalan filed an application for the extrajudicial foreclosure of the mortgaged property with the Office of the Clerk of Court and Ex-Officio Sheriff of the RTC of Makati. Sabnani thus tried to annul the REM, PNs, and Notice of Sale, with prayer for Temporary Restraining Order (TRO), Preliminary Injunction (PI), and Damages. Pabalan asserted her right to foreclose the mortgage under the Deed they agreed upon. Prayers for TRO and PI were denied since Sabnani would not suffer any substantial injury considering that he could still participate in the public bidding or redeem his property within a year.  Sabnani filed an amended complaint praying for the same reliefs, and additionally claimed that Pabalan made unauthorized deductions on the loan amounting to approximately 1M. He also argued that the rates of interest, penalty charges, and other fees imposed in the REM and PNs were illegal, excessive, exorbitant, and unconscionable, and should be voided.  RTC and CA Rulings The RTC upheld the validity of the REM, PNs, and the foreclosure sale, rejecting the contention on the deductions as the same is negated by his signature on a Receipt acknowledging that he received the entire amount of the loan despite the deductions being reflected. It further held as to the interest charges that the usury law was no longer in force and that parties can freely impose interest rates as they may agree upon. Meanwhile, the CA upheld the ruling of the RTC, but modified the rates of interest to 1% per month, and the liquidated damages and attorney’s fees to 10% each. Thus, Pabalan filed a Petition for Review on Certiorari with the Supreme Court. Issue Are the stipulated rates of interest, penalty charges, liquidated damages, and attorney’s fees under the Promissory Note and the Deed of Real Estate Mortgage agreed by the parties unconscionable? Ruling of the SC  The SC granted Pabalan’s Petition and upheld the interest rates, penalty charges, liquidated damages, and attorney’s fees agreed upon.  While Central Bank Circular No. 905 s. 1982 suspended the Usury Law and has granted contracting parties wide latitude to stipulate interest rates, the SC has previously held that freedom to contract is not absolute and has cautioned that lenders do not have the “carte blanche authority to raise interest rates to levels which will either enslave their borrowers or lead to a hemorrhaging of their assets” and thus has the discretionary power to intervene in certain cases and reduce stipulated interest rates that are found to be unconscionable, iniquitous, and illegal. However, stipulated interest rates are not inherently conscionable or unconscionable. These interest rates may be deemed unconscionable only “in light of the context in which they were imposed or applied”. The Supreme Court, quoting Vitug v. Abuda, held: “The freedom to stipulate interest rates is granted under the assumption that we have a perfectly competitive market for loans where a borrower has many options from whom to borrow. It assumes that parties are on equal footing during bargaining and that neither of the parties has a relatively greater bargaining power to command a higher or lower interest rate. It assumes that the parties are equally in control of the interest rate and equally have options to accept or deny the other party’s proposals. In other words, the freedom is granted based on the premise that parties arrive at interest rates that they are willing but are not compelled to take either by force of another person or by force of circumstances.” However, these premises are not always true and only in such cases should the Court step in to correct market imperfections resulting from unequal bargaining positions of the parties.  Even in the landmark case of Lara’s Gifts and Decors Inc. v. Midtown Industrial Sales, it was recognized in the ponencia of Senior Associate Justice Marvic M. V .F. Leonen that the standard used in determining the conscionability of a conventional interest rate is twice the legal rate of interest. BUT if the stipulated interest rate is higher than this standard, the creditor has the burden to prove that this was necessary under market conditions or show that the parties stood on equal footing when they agreed on it.  It bears stressing that the new rules on conventional and compensatory interest rates established in Lara’s Gifts will not apply here considering that Pabalan sufficiently discharged her burden to prove that she and Sabnani were on equal footing when they reached their agreement. No greater interest of justice or equity would be served if the Court intervened. The determination of whether or not the parties stood on equal footing is necessarily done on a case-to-case basis after careful consideration of relevant factors. The Court shall examine the parties’ respective backgrounds and personal circumstances. It must compare the parties to verify if one of them was possibly disadvantaged due to moral dependence, mental weakness, tender age, or other handicap, to warrant

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