Bits of Law

Do you have a creative side that you like to indulge? Many creative spirits like to express themselves through some form of art. Some treat their art as a simple hobby to relax and unwind with. Others take it seriously as a career or a serious commitment. Regardless of their path, however, many artists are protective of their work and want to protect it from crimes such as plagiarism or unauthorized distribution. This is where copyright comes in. Here’s what you need to know. What is 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. Copyright also protects derivative works, which are based on works that already exist. 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 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. Does this mean works without copyright are unprotected? No. From the moment a piece of copyrightable work is created and fixed in a tangible medium, it is automatically protected by The Intellectual Property Code of the Philippines (IP Code). Said law does not require registration of the work to fully recover in an infringement suit. However, there are still benefits to official registration, such as: How do I register my work for copyright? You can check the requirements here: https://drive.google.com/file/d/1jG8thdOJGN7FLjvJ83zZOuoLkPEms5xc/view

In this blog, we shall be focusing on one of the few derivative modes of acquiring ownership: succession, including donation mortis causa.  What is ownership? Ownership is defined as the exclusive right of the possession, enjoyment, and disposing of a property.  Under Article 712 of the New Civil Code:  “Ownership is acquired by occupation and by intellectual creation.  Ownership and other real rights over property are acquired and transmitted by law, by donation, by testate and intestate succession, and in consequence of certain contracts, by tradition.  They may also be acquired by means of prescription (609a)” What is Succession? Under Article 774 of the New Civil Code, succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance of a person are transmitted through his death to another or others either by his will or by operation of law.  What are the Types of Succession? This type of succession is a result from the designation of an heir and is made in a will executed in the form prescribed by law.  However, please take note that testamentary succession is not absolute, as it is subject to the right of the compulsory heirs to their legitime. A legal or intestate succession is when a decedent dies without a will or with an invalid will. Distribution of the property shall be made in accordance with the Civil Code. A mixed type of succession is when the transmission is made partly by will and partly by the operation of law.  What are the Elements of Succession? The person who died owns the property to be transmitted through succession. Properties, rights, obligations of the decedent not extinguished by death A person called to the succession. The acceptance of an inheritance may be either express or tacit. A tacit acceptance is one where actions imply the intention of the successor. An express acceptance is made in a public or a private document. What else is covered by the Rules on Succession?  Donation mortis causa is also covered by the Rules on Succession. With the direct translation of “Awareness that death is approaching”, it simply means that a donation is made in contemplation of the donor’s death. The ownership of the donated properties, be it full or naked ownership, will only pass to the donee because of the donor’s death. A donation mortis causa must be in the form of a will, with all the formalities for the validity of wills, otherwise it is void and cannot transfer ownership. Donation mortis causa has the following distinguishing characteristics:

How willing are you to go to work during a typhoon? Some are willing to brave the storms to get to work on time, especially if their area is less affected. But others are understandably more hesitant to leave the house due to weather disturbances. They could end up stranded somewhere during their commutes or in their offices. In the worst case scenario, leaving the house during a typhoon can lead to injury or death. But if your workplace is requiring you to come in, what can you do? Labor Advisory No. 17 Series of 2022 provides and emphasizes that employees who fail or refuse to work by reason of imminent danger resulting from weather disturbances and similar occurrences shall not be subject to any administrative sanction against them.  The same Advisory also provides the following rules governing suspension of work in the private sectors during weather disturbances and similar occurrences:  “Section 1. Suspension of Work. – Except as provided for by the law or an appropriate proclamation, employers in the private sector may, in the exercise of their own prerogative and in proper coordination with their respective safety and health committee or any other responsible company officer, suspend work to ensure the safety and health of their employees during weather disturbances and similar occurrences.” For employers, it is important to note of the following rules regarding the payment of wages during these times:  If unworked: The employee is not entitled to regular pay if the employee does not report to work, except when there is a company policy or collective bargaining agreement providing otherwise, or when the employee is allowed to utilize their accrued leave credits. If worked: The employee is entitled to full regular pay provided that they have rendered work for not less than six (6) hours. Finally, If the employee has rendered less than six (6) hours or work, they shall only be entitled to the proportionate amount of the regular pay, without prejudice of any existing policy or practice providing otherwise.

Are you planning on getting a car soon? Getting a car is always a huge life accomplishment, but it’s also an equally huge investment. The possibility of getting a car with immediate issues is nerve wracking. Thankfully, the Philippine Lemon Law aims to protect us consumers from these situations. Consumers with brand-new motor vehicle issues may avail of the remedies under the Philippine Lemon Law, the Consumer Act, or other applicable laws.  R.A. No 10642, more commonly known as the Philippine Lemon Law, aims to promote full protection to consumers against businesses and trade practices that are deceptive or unfair to its consumers. It recognizes that a motor vehicle is a major purchase and investment, hence redress for violations shall be clearly defined.  What is the coverage of the Lemon Law?  The Lemon Law covers brand new motor vehicles purchased in the Philippines reported by a consumer to be in nonconformity with the vehicle’s manufacturer or distributor’s standards or specifications within twelve (12) months from the date of original delivery to the consumer, or up to twenty thousand (20,000) kilometers of operation after such delivery, whichever comes first. A Brand new motor vehicle refers to a vehicle constructed entirely from new parts and covered by a manufacturer’s express warranty at the time of purchase that it has never been sold or registered with the Department of Transportation and Communications (DOTC) or an appropriate agency or authority, and has never been operated on any highway of the Philippines, or in any foreign state or country. (Sec 3 [a])  What is not covered under the Lemon Law? If you wish to utilize the Lemon Law, it should be noted that the followingshall be excluded: When can one invoke his/her Lemon Law rights? At any time within the Lemon Law rights period (or within twelve (12) months from the date of original delivery or up to twenty thousand (20,000) kilometers of operation after such delivery) and after at least four (4) separate repair attempts by the same manufacturer, distributor, authorized dealer or retailer for the same complaint, and the nonconformity issue remains unresolved, the consumer may invoke his or her Lemon Law rights.  Process of Availment of Lemon Law Rights Section 6 and 7 of the Philippine Lemon Law provides that:  Documentary Requirements to Avail Lemon Law Rights Under Sec. 3, Rule III of the Lemon Law’s IRR, in order for the consumer to invoke the Lemon Law rights, the following documents are necessary: What are the remedies that may be availed under the Lemon Law?  While the vehicle is under repair and during the period of availment of the Lemon Law rights, the consumer shall be provided a reasonable daily transportation allowance to compensate for the temporary non-usage of the vehicle.  The transportation allowance is an amount which covers the transportation of the consumer from his or her residence to his or her regular workplace or destination and vice versa, equivalent to air-conditioned taxi fare, as evidenced by official receipt, or in such amount to be agreed upon by the parties, or a service vehicle at the option of the manufacturer, distributor, authorized dealer or retailer. In case the dispute is ruled in favor by the Complainant, the DTI may grant either of the following remedies to the consumer: (i) Replace the motor vehicle with a similar or comparable motor vehicle in terms of specifications and values, subject to availability; or (ii) Accept the return of the motor vehicle and pay the consumer the purchase price plus the collateral charges. On the other hand, in case there is no nonconformity found by the DTI, the DTI shall direct the consumer to reimburse the manufacturer, distributor, authorized dealer or retailer the costs incurred by the latter in validating the consumer’s complaints.

Acquiring property is a process that is known for its long, complicated paperwork. It can be confusing and overwhelming to keep track of it all throughout the process. However, it’s essential for you to know the differences of each one to ensure that you don’t make any mistakes. Two documents that one might assume are the same are the ‘contract to sell’ and the ‘contract of sale.’ While they sound similar, they are certainly not interchangeable. Knowing the differences early on will make the property transaction process much easier for you later. Here’s what you need to know about the Contract to Sell and the Contract of Sale. What is a Contract to Sell? A contract to sell is a bilateral contract, meaning both parties involved have agreed to fulfill their part of the deal. In this case, the seller has agreed to sell his/her property to the buyer, and the buyer has confirmed his/her intent to buy it.  However, the property is not immediately put under the new buyer’s name. The transfer of ownership will only occur when certain conditions that are agreed on by both parties are met. This contract reserves ownership of the property for the buyer until both parties are able to fulfill their respective conditions. Examples of conditions that one or both parties must fulfill before the actual transfer include: Once these conditions are met, the buyer and seller can then proceed with the transfer of ownership. What is a Contract of Sale? A contract of sale is also an agreement between the seller and buyer, whereby the seller has agreed to sell his/her property to the buyer and the buyer has agreed to pay for it. Unlike a contract to sell, however, the transfer of ownership occurs immediately once the contract of sale is signed, the buyer has fully paid, and the seller has given the property to the buyer.  Take note that while it is possible to sell items or properties that are non-existent at the time of sale, such as a pre-sold condominium unit in a condominium building that has not yet been built, you likely won’t encounter a contract of sale for such a situation. It’s more common for contracts of sale to pop up if the property already exists. A buyer and seller can agree to a transfer of ownership before the buyer has fully paid, under the condition that if the buyer fails to complete his/her payment, the seller has the right to take back the property.  What are the main differences? The main way you can differentiate these two documents is remembering how it handles the transfer of ownership. Under a contract to sell, the transfer is withheld until both parties fulfill the conditions given to them. Under a contract of sale, the transfer is immediate. However, the seller can take it back if the buyer fails to pay. It’s important to understand the differences between the two if you’re planning on dealing with property, either as a buyer or seller. Otherwise, you could run into misunderstandings with the other party, which could then snowball into unnecessary legal disputes. It’s also important to have a trustworthy real estate attorney to help you throughout the transaction process.

Nowadays, job hunting is a painstaking process. There is indescribable relief when an employer finally tells you that they want you in their team. All you have to do now is wait for the employment contract so that you can make things official. But first, you have to read all the terms of the contract in full. Reading through the employment contract is one of the most crucial parts of the job hunting process. It’s important to make sure that you’re not accidentally agreeing to something that could be unfair to you as an employee. Here are some red flags to look out for in employment contracts so you can protect yourself and your career. The contract has vague information or choice of words. Pay attention to the clarity or vagueness of the terms of the employment contract. Some employers write their contracts using vague choice of words to deliberately create loopholes that they can take advantage of. For example, the job description could be written vaguely so that they can add responsibilities to your workload that weren’t in the job posting. If that happens, you won’t be able to dispute it properly in the future, because your employer can always claim that these responsibilities are technically in the job description. Read the contract carefully to make sure that it has no room for potential loophole exploitation. The contract has unreasonable clauses. Most employment contracts have multiple clauses. It’s important to note that not all contract clauses are unreasonable. It would be up to your discernment to determine if these clauses are there to protect the company’s rights, or if they’re trying to take advantage of you as an employee. You can encounter different kinds of clauses in employment contracts. Here are a few examples: Note that these aren’t the only contract clauses you can find in your employment contract. Once you receive a copy of your employment contract, be sure to read everything carefully. Think about how the clause can affect your future career and relationship with your employer. There are inaccuracies that don’t reflect what you and the employer have agreed upon.  If your employer has promised you something during your interview, such as a certain salary range, job title, or level of seniority, make sure that they are reflected in your contract. Many companies will tell you what you want to hear only to write something completely different in the contract.  This also applies to any inconsistencies between the original job posting and your contract. For example, the duties in the contract could be entirely different from what’s on the job posting. You could end up stuck with too much in your workload. The could also assign you responsibilities that you did not want to do.  If there are any inconsistencies in your contract, be sure to bring it up with the hiring manager. If they are unwilling to re-negotiate their terms, you may have to reconsider accepting the offer.

All businesses, from small sole proprietorships to gigantic corporations, can reap great benefits by working with a lawyer. If you own or plan to own a business, it’s important to form a professional relationship with a skilled lawyer that you can trust. He or she will help ensure that you are abiding by the relevant laws that govern your business. Here’s what you need to know about legal retainer services. What are legal retainer services and do I really need them? When a business enters a legal retainer agreement with a lawyer, they pay the lawyer an upfront fee to ensure that he or she is always available whenever the business needs legal help or advice. This lawyer typically has an intimate knowledge of the business in question so that he/she can provide the best legal services for its unique needs.  So, do you really need legal retainer services? It depends on the needs of your business. Again, all businesses will need to work with a lawyer to ensure its smooth sailing.  Some businesses hire lawyers on an ‘ad-hoc’ basis, literally meaning ‘for this.’ This means they hire lawyers only as needed, when a specific situation crops up that must be handled by a lawyer. This works out if the business rarely needs legal assistance in their operations. While it sounds more practical on paper, it can also be difficult to look for a competent and trustworthy lawyer that can address your needs immediately, especially on short notice. Alternatively, other businesses hire a business lawyer as a regular employee. This ensures that legal help for the business is always available and within reach. However, hiring a lawyer as an employee can be expensive. The additional cost of staff and office expenses must be considered. It may not be worth hiring an in-house counsel if you don’t need constant legal help. If neither of these options fit your needs, that’s when you need legal retainer services. If you regularly need the services of a lawyer but don’t have the budget to hire one as a regular employee, availing legal retainer services is  the perfect compromise. You can rest assured knowing that your retainer lawyer will prioritize your needs for a cheaper cost. What are the benefits of legal retainer services? What services are included in a legal retainer agreement? Inclusions of a legal retainer agreement may be tailor fit to suit one’s needs. Some common services include: 

Money laundering is considered one of the most severe financial crimes, committed by organized crime groups worldwide. Simply put, money laundering is the act of covering up the origins of illegally sourced income. This lets criminals avoid prosecution for the original crime of obtaining said “dirty money” in the first place. Republic Act No. 9160, or the Anti-Money Laundering Act of 2001, seeks to prevent and punish cases of money laundering in the Philippines. Here’s what you need to know. What is money laundering and how does it work? Money laundering “cleanses” any illegally obtained money by passing it through legitimate transactions. Doing so essentially overwrites the money’s initial origins. This then allows criminals to get away with their illegal income methods and avoid taxation. The following actions are considered to be acts of money laundering: What is the Anti-Money Laundering Council and what do they do? To address the issue of money laundering, the Anti-Money Laundering Council (AMLC) was formed alongside the Anti-Money Laundering Act of 2001. Core members include the Governor of the Bangko Sentral ng Pilipinas as the chairman, both the Commissioner of the Insurance Commission and the Chairman of the Securities and Exchange Commission as members, and a secretariat. The functions of the AMLC are as follows: What penalties will guilty parties face? The penalties listed in this act vary depending on the crime committed. They are as follows: How can money laundering be prevented? A huge part of preventing money laundering is ensuring that covered institutions meticulously record their transactions and customers.  “Covered institutions” refer to entities such as banks, non-banks, quasi-banks, trust entities, insurance companies, securities dealers, brokers, investment houses, mutual funds, pre-need companies, foreign exchange corporations, and other similar financial entities regulated by the BSP, Insurance Commission, or SEC. Covered institutions can help prevent money laundering by doing the following: Can money laundering affect me personally? Yes. This is because some money laundering strategies get innocent parties into helping criminal organizations, either knowingly or unknowingly. These parties are “money mules.”  Criminal organizations use money mules by transferring the dirty money to their accounts. The money mules then use a series of transfers and transactions to cover up the money’s origins, and then return the funds to the criminal. Money mules either use their accounts or their business accounts for this technique and are sometimes roped into it by falling for a scam organized by the criminal. By staying aware, you can prevent criminals from turning you or your business into an unwitting money mule. Money laundering criminals are good at coming up with incentivizing scams that many people fall for. It’s up to you and your discernment to differentiate scams from genuine opportunities. Here are a few examples of scams to watch out for: