Happy New Year! (One Law Blog A Day Starts Now)

My New Year's Resolution is to write one law blog a day. :)

I am starting this year with sharing two basic concepts that I always remind my listeners in our radio program Batas ng Bayan at the Radio Mindanao Network.

NUMBER 1. Agreements should be in writing.

Not because no one is worthy of trust but because memory often fails us. Even simple loan contracts like I will pay the 100 pesos that I borrowed three months from now with no interest may cause confusion if not written down. The date of payment may be an issue. Whether or not there is an interest may become a bone of contention. The amount may also become a source of argument. But when the loan agreement is written down and signed by both parties it at least minimizes the possibility of discord.

Also some transactions should be in writing in order to have a binding effect. The rate of interest for example in loan agreements. A sale of real estate if not in writing is also unenforceable. These are just two transactions that requires that they be in writing. :)

NUMBER 2. Conversion of the husband to Islam without the other spouse converting to the same faith will not qualify him to marry another.

The application of P.D. 1083 or the Code of Muslim Personal Laws of the Philippines will not apply to their marriage if only the husband converts. It requires that both spouses convert into the Islamic faith.

The usual case in our jurisdiction is that a husband converts to Islam and marries another in a Muslim rite. This is contrary to law and can make him liable for bigamy, concubinage and even violation of R.A. 9262. :)

This is it for today. Happy New Year! If you have any topics that you want me to discuss do send me an email at psychefontanilla@gmail.com or post them in the comment portion of this blog. :)

Relevant Laws Of 2012

Year 2012 is a prolific year for the passing of much needed laws in our country. 

One practical and much needed law that was passed this year is Republic Act 10172. The law allows for the correction of clerical error in the birthday and/or month as well as sex of a person without the need of a court proceeding. This makes the proceeding an administrative one which is less tedious and economical.

The Sin Tax Reform Act of 2012 (RA 10351) was signed into law December 20 of this year. This law aims to to generate more revenue from alcohol and cigarettes while discouraging their consumption. It ensures that the  eighty per cent of the money collected from excise taxes on these vices will fund universal health care. It seeks to simplify the current taxation scheme on these items. It also lifted the price/brand classification freeze on these vices so that they can be taxed accordingly.

The passage of the Anti-Enforced Disappearance Act of 2012 (RA 10350) officially eliminates the notorious OB or Order of Battle of the military and the police.  It also prohibits the "arrest, detention, abduction or any other form of deprivation of liberty committed by government authorities or by persons or groups of persons acting with the authorization, support or acquiescence of such persons in authority, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which places such person outside the protection of the law.  

The Cybercrime Prevention Act (RA10175) though effectively suspended up to January of next year and considered by some as seriously flawed is still a welcome development. The law aims to fight crimes in the internet such as child pornography, spamming, cyberse, hacking and theft of identity.

These are just some of the relevant laws that were passed last year. We are still awaiting the signing of the Reproductive Health Bill by the president as of this writing and the vote on the Freedom of Information Bill. There is also a proposed expansion of the Anti Trafficking in Persons Act of 2003 to cover greater protection to women and children who are the consistent victims of the types of crimes prohibited by this law. It is hoped that 2013 will bring more useful laws and the updating of some that have not kept abreast with the time.

Published in Sarangani Journal 

What to do when you receive a criminal complaint against you

1. Consult a lawyer so that she can draft the counter-affidavit for you.
   
   Remember the respondent (the person being complained of, which in this case is you) has only ten days to submit a counter-affidavit.

   Otherwise, the case will be submitted for resolution based only on the evidence and the affidavit submitted by the complainant.
   
   
   

   The respondent can also file a motion for extension to submit counter-affidavit in cases where she is having a difficulty looking for witnesses who will support her claim or any other reasonable circumstances that would delay her ability to submit her counter-affidavit.
   
   It is always best though to submit all pleadings on- time :)
   
   This is an answer to a text query yesterday and portion of an answer to the question asked over the radio: "Attorney, unsa ba gyud di-ay ang step by step sa kaso?" (Attorney, what is the step by step to a case?)
   
   Portion because the step by step varies depending on whether it is a criminal case, civil case, special proceeding, labor case, tax case etc., and what particular kind of case. As well as in what stage of the proceedings :)
   
   Hope this helps the person who sent me the text message :)