Bits of Law

Aside from the Vatican, the Philippines is the only country that does not have divorce laws. But fret not! The Philippine laws, particularly the Family Code of the Philippines, still provide legal remedies for those spouses trapped in loveless and abusive marriages. This article’s main topic concerns filing your Petition for Declaration of Nullity of Marriage. Do you want to know more about the other types of separation? Read: 3 Types of Separation: Everything You Need to Know If you think your marriage falls under any of the grounds for void marriages, here are the steps that you need to take to start the process of having your marriage declared annulled: Step 1: Seek Legal Advice The initial step in filing for a Petition for Declaration of Nullity of Marriage in the Philippines is to consult a family law lawyer. Your lawyer is the one who will review your situation, as well as assess and determine whether your case meets the legal grounds for nullity. Your lawyer will also guide you throughout the whole process of getting your marriage declared null and void. Take note that full disclosure of all relevant details is essential because this will allow your lawyer to assess the strength of your case based on the applicable legal grounds. Step 2: Prepare the documents that you need to prepare for the filing of the Petition While your lawyer will prepare the Petition, which contains the facts supporting your claims, the legal ground of your nullity, and the relief you sought, as the Petitioner, you must gather the necessary documents. Collating these documents is a crucial step in filing for the Declaration of Nullity of Marriage, as these documents will serve as your evidence to support your case. These documents are, but not limited to: Step 3: Drafting and Filing of the Petition The Petition must be filed with the Regional Trial Court that has jurisdiction over the residence of either you or your spouse. For your petition to be considered as filed, you must pay the docket fee. Once the docket fee has been paid, the Office of Executive Clerk of Court will then raffle and assign your case to the Family Court of the Regional Trial Court. Step 4: Court Proceedings (Important Hearings wherein the Petitioner is required to appear) The Clerk of Court of the Regional Trial Court assigned to the case will then issue a Summons to your spouse, together with the Petition. Once the Summons has been served to your spouse, the Court has now acquired jurisdiction over you and them. This means that the Court will now hear the presentation of evidence of both parties. Take note that the following hearings require your appearance, such as, but not limited to: Step 5: Decision and Decree of Declaration of Absolute Nullity of Marriage (Annulment) After trial, the Court may grant or deny the Petition. If the Court grants the Petition, and no appeal has been made, the Court will issue an Entry of Judgment. Both parties may appeal the decision of the Court, depending on the judgment. Once an Entry of Judgment has been issued, you may now start the process of having it recorded: first in the Civil Registry where the Family Court is located, and second, in the Civil Registry where the marriage is recorded. After this, a Decree of Declaration of Absolute Nullity of Marriage will be issued by the Court. Disclaimer: The content of this blog is for informational and educational purposes only and should not be considered as legal advice. While we strive to provide accurate and up-to-date information, the blog does not create an attorney-client relationship. For legal concerns or specific legal guidance, please consult a qualified lawyer. To read more STLAF legal tidbits, visit www.sadsadtamesislaw.com/bits-of-law. For comments, suggestions, and inquiries, email legal@sadsadtamesislaw.com. ABOUT THE AUTHOR: Atty. Alia Jacinta Coleen A. Del Rosario obtained her Juris Doctor degree from the Arellano University School of Law, and holds a Bachelor’s Degree in Business Administration with a Major in Marketing Management. With a background as a Paralegal, she has built her expertise in the legal field by taking on a broad range of responsibilities. She has represented clients in small claims cases, participated in Single Entry Approach (SENA) hearings for labor disputes, and provided assistance in various other legal matters. 

Disputes, disagreements, and conflicts are common in people’s everyday lives, but sometimes, they escalate, and the need for overseeing authority and fair and efficient ways to resolve them becomes essential. And so enters the Philippine court system with corresponding jurisdiction over different cases. However, due to clogged court cases, dysfunction and delays in judicial decisions and awards persist in the country. As such, the State enacted Republic Act No. 9285, otherwise known as the Alternative Dispute Resolution Act of 2004 (ADR Act), which sought to actively promote party autonomy in the resolution of disputes or the freedom of parties to make their own arrangements to resolve their disputes, achieve speedy and impartial justice, and unclog court dockets.  The ADR Act adopts the United Nations Commission on International Trade Model Law on International Arbitration (UNCITRAL Model Law) and employs the Alternative Dispute Resolution System, which, according to Section 3 of the Act, refers to any process or procedure for resolving a dispute or controversy assisted by a neutral third party instead of a court presiding judge or an officer of a government agency.  With the agreement of both parties, ADR Providers, such as institutions or persons accredited or nonaccredited as mediators, conciliators, arbitrators, neutral evaluators, etc., exercise ADR functions. Forms of ADR The most commonly used are arbitration and mediation. Arbitration According to Section 3 (d), arbitration means a voluntary dispute resolution process in which one or more arbitrators, appointed per the agreement of the parties, or rules promulgated under this Act, resolve a dispute by rendering an award. agen slot gacor demo spaceman The Republic Act No. 876 continues to govern domestic arbitration, subject to the applicable provisions of the ADR Act and its Implementing Rules and Regulations (IRR) and the Model Law on International Commercial Arbitration adopted by the UNCITRAL on 21 June 1985.  On the other hand, the ADR Act, its implementing rules and regulations, and the New York Convention govern foreign arbitration.  Mediation According to Section 3 (q), mediation is a voluntary process in which a mediator, selected by the disputing parties, facilitates communication and negotiation, and assists the parties in reaching a voluntary agreement regarding a dispute. Other forms of ADR include: Conciliation According to the Cooperative Development Authority (CDA), conciliation is a process whereby a neutral third party takes a vigorous and active role in assisting disputants in formulating solutions to reach an amicable settlement. Conciliation can be considered under mediation. Early Neutral Evaluation Section 3 (n) of the Act defines early neutral evaluation as an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of the dispute. Mini-trial According to Section 3 (u), a mini-trial is a structured dispute resolution method in which the merits of a case are argued before a panel comprising senior decision makers with or without the presence of a neutral third person after which the parties seek a negotiated settlement. And any combination of the foregoing. ADR Services Mandated in Section 49 of the Act, the Office of Alternative Dispute Resolution (OADR) which is an attached agency to the Department of Justice (DOJ), is established to promote, develop, and expand the use of ADR in the private and public sectors. It also aims to assist the government in monitoring, studying, and evaluating the use by the public and the private sector of ADR, and recommend to Congress necessary statutory changes to develop, as well as to strengthen and improve ADR practices following world standards. These are other agencies that also offer ADR services: To read more STLAF legal tidbits, visit www.sadsadtamesislaw.com/bits-of-law. For comments, suggestions, and inquiries, email legal@sadsadtamesislaw.com.

The Philippines currently ranks as a Tier I country in its serious and sustained efforts to eliminate trafficking in a 2024 report by the US Department of State. However, it remains a problem in the country, mainly targeting those in the rural and urban communities in impoverished and conflict areas. In the 2023 Global Slavery Index (GSI) by Walk Free international human rights group, the Philippines ranks seventh in the Asia Pacific region (out of 27 countries) in the prevalence and the total number of people living in any situation of exploitation or what they call “modern slavery”, and 36th out of 160 globally. The GSI estimates 859,000 that on any given day in 2021, there were 859,000 Filipinos in modern slavery, which is equivalent to 7.8 people in modern slavery for every thousand people in the country.  With one of the largest migrant populations in the world, the Philippines remains vulnerable to both domestic and overseas trafficking. Perpetrators not only include Filipino citizens but also tourists, specifically sex tourists, from more wealthy and developed countries that often dodge their sex offense charges in their home countries and look to exploit women and children here. restoslot4d totoagung2 To address such issues, the Inter-Agency Council Against Trafficking (IACAT) approved the DOJ Memorandum Circular No. 036-2015 on January 15, 2015, which highlights the framework and guidelines for Departure Formalities for International-Bound Passengers in all Philippine airports which still serves as the prevailing rule for travel today.  Primary Inspection All passengers that are international-bound shall undergo primary inspection, this shall be the usual presentation of travel documents. The Bureau of Immigration officers shall interview the passenger about the travel’s purpose and carefully check the passenger’s travel documents. For Regular Tourists For First-Time and Returning Overseas Filipino Workers (OFWs) For Returning OFWs (Balik-Manggagawa) For Minors Traveling Abroad For Spouses or Partners of Foreign Nationals For Business Travelers Secondary Inspection The officer may deny departure or endorse the passenger for a secondary inspection if there is a misrepresentation of the purpose of travel. These are the instances that the PIO shall refer the passenger for secondary inspection: For OFWs and Returning Workers For First-Time Travelers Meeting Foreign Partners For Tourists with Weak Travel Justification For Minors and Vulnerable Individuals Guidelines on Deferred Departure Passengers In cases where a passenger is deferred from departure due to suspected human trafficking, illegal recruitment, or fraudulent documentation, the following procedures apply: Turnover to Proper Authorities Documentation and Record-Keeping Assistance and Re-evaluation These processes are implemented under the Anti-Trafficking in Persons Act (RA 9208, as amended by RA 10364).The government aims to protect vulnerable individuals while ensuring the constitutional right to travel is not unreasonably restricted. To read more STLAF legal tidbits, visit www.sadsadtamesislaw.com/bits-of-law. For comments and inquiries, email legal@sadsadtamesislaw.com.

By law, every employee is entitled to a Night Shift Differential Pay of at least 10% of his regular wage for work performed during the night shift. According to P.D. 442, Labor Code, Article 86, Section 2, Rule II, Book Three of the Omnibus Rules Implementing the Labor Code, and Section 1 of Republic Act No. 11701 or the Night Shift Differential Pay for Government Employees, Night Shift Differential Pay is given to: (1) Employees who work at any time from 10:00 PM to 6:00 AM the following day and (2) Government employees who work at any time from 6:00 PM to 6:00 AM the following day. More importantly, it is not optional for companies and government entities to grant such pay, as this is required by law. It is the right of the employees to receive such indemnity if they work the night shift. The law recognizes the possible effects on an employee’s health while working the night shift. It is important to note that night shift differential pay is not a bonus or incentive but a form of indemnity.  Employees are entitled to night shift differential pay regardless of status (regular, probationary, project, etc.). Similarly, whether employees are paid monthly or daily is irrelevant, the rules for Night Shift Differential Pay shall still apply. Who cannot receive night shift differential pay? How to compute night shift differential pay in the Philippines? Employee’s Daily Wage: ₱1,000Employee’s Hourly Wage: ₱1,000 / 8 hours = ₱125 Assuming there is no overtime, Employee’s Work Schedule: 10:00 PM to 6:00 AMNumber of hours worked between 10:00 PM to 6:00 AM: 8 hoursNight Shift Differential: Hourly Wage x Number of NS Hours Worked x 10%= ₱125 x 8 hours x 0.10 = ₱100 Total Take Home Pay: Daily Wage + NSD = ₱1,000 + ₱100= ₱1,100

Managing the payment of an employee’s wages is typically a task assigned to members under the Finance and Human Resources Department of an employer. In the Philippines, payment of wages is governed by Presidential Decree No. 442 (P.D. 442), otherwise known as the Labor Code. Under the decree, payroll computation is simply: Gross Pay – Deductions = Net Pay Gross Pay typically consists of different variables, with the usual being the following: Deductions, on the other hand, are usually the following: Employee wages should comply with the Wage Rationalization Act (R.A. 6727), which sets the minimum wage rate for each region, province, and industry sector. Workers should be able to receive their wages twice monthly, at intervals not exceeding 16 days. If payment cannot be made due to force majeure, wages must be paid immediately once the issue is resolved. Employers cannot pay wages less often than once a month, per Article 103 of the Labor Code. Work Hours Benefits and Conditions Other work and wage benefits and conditions in the Labor Code include: The daily maternity benefit is 100% of the female member’s average daily salary credit (ADSC) for: Employed women receive full pay, combining their SSS maternity benefit and a salary differential from their employer. Setting Up Payroll Setting up the company’s payroll system requires strict observance and adherence to the relevant local laws encompassing it. To set up the payroll:  The Labor Code protects the rights of employees; employers who commit labor standards violations may be reported before the DOLE or its regional offices by filing the appropriate complaint. Similarly, employees can file a report to SSS, Philhealth, and/or Pag-IBIG for non-remittance of contributions. 

Are you a first time job seeker? An applicant fresh out of university? A newly employed with not enough valid documents and cards? The Republic Act No. 11261, also known as the First Time Job Seeker Act, is here to guide you. The First Time Job Seeker Act (RA 11261) aims to help first-time job seekers obtain these documents at no cost. It also aims to promote full employment and equality of work opportunities, whether locally or abroad, for Filipino citizens. With the presentation of a barangay certificate stating that an applicant is a first-time job-seeker, Section 4 of the Act lists the following governmental transactions as waived from the collection of fees and charges: However, the waiver of fees and charges does not include those collected in connection with an application to take a professional licensure examination conducted by the Professional Regulation Commission (PRC), an application for a Philippine passport authentication, and red ribbon of documents from the Department of Foreign Affairs (DFA), application for a Career Service Examination (CSE) with the Civil Service Commission (CSC), and application for a driver’s license from the Land Transportation Office, per Section 8 of said Act. Furthermore, the benefits provided under this Act can only be availed once. Online application resources and appointment services are linked for your convenience. RELATED ARTICLE: Employment Contract Red Flags That You Should Watch Out For

In the world of callout posts and screenshots, it’s becoming more and more common for private, personal issues to be posted online for the world to see. If the issue in question involves public figures, or if it’s posted at exactly the right time to be viral, it could spread to millions of people through shares and reposts on social media. A common example of such an occurrence is when an affair is exposed through screenshots of private text messages. Every story has two sides, and in this situation, two legal questions arise. First, what legal remedies are available to you if your private conversations are posted on social media? Second, what legal remedies are available to you if you are the victim of an affair? Let’s discuss. On posting private conversations online  The Philippines has a lot of legal frameworks in place to protect an individual’s right to privacy. Leaking of private conversations is generally illegal and can have both civil and criminal repercussions. Laws that address unauthorized sharing of private conversations include: However, there are situations when victims of undisclosed private correspondence can still be held accountable for their actions showcased in the leaked material. In the recent case of People vs. Rodriguez, the Supreme Court declared that the Data Privacy Act of 2012 still “allows the processing of sensitive personal information to determine a person’s criminal liability and to protect the rights and interests of persons in court proceedings.” Furthermore, as to whether RA 4200 or the Anti-Wiretapping Law applies, the answer is NO. The Supreme Court has clarified that the prohibition therein only applies to instruments used for tapping the main line of a telephone, or for intercepting telephone conversations.  Section 1 of the same law provides:  “Section 1. It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or dictaphone or walkie-talkie or tape recorder, or however otherwise described.” In this regard, the Supreme Court has expounded that the phrase “device or arrangement” in Section l of [Republic Act] No. 4200, although not exclusive to that enumerated therein, should be construed to comprehend instruments of the same or similar nature, that is, instruments the use of which would be tantamount to tapping the main line of a telephone. It refers to instruments whose installation. or presence cannot be presumed by the party or parties being overheard because, by their very nature, they are not of common usage and their purpose is precisely for tapping, intercepting or recording a telephone conversation.  In the case of taking screenshots of private conversations, a victim thereof cannot find solace in RA 4200 as it is not applicable simply because such acts are not in the same nature as “tapping the main line of a telephone.” On being a victim of infidelity On the other hand, a victim of an affair might want to seek legal help and may want to know if she is entitled to any actual, compensatory, moral, or exemplary damages. Let us see if such a case can hold any water. (a) “Violence against women and their children” refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts: While the case of XXX vs. People of the Philippines referred to marital infidelity, RA 9262 does not limit psychological violence to married victims. The law is clear—-victims in a dating relationship are likewise protected.  Thus, it can be safely inferred that infidelity committed while being in a dating relationship may be deemed as a form of psychological violence, provided that it causes mental or emotional anguish to the victim.  To conclude, any victim of violence under RA 9262 shall be entitled to actual, compensatory, moral and exemplary damages.

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:

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.