What to do when you failed to register the birth of your child.

This is one of the most common questions that I am asked in our radio show Batas ng Bayan.

Do no fret you just need to:

1. Request at the NSO for a negative result - an authenticated document which shows that the child was has no birth records.

2. Request two people to execute a joint affidavit of two disinterested person stating that you as parents failed to registered the birth of your child as well as the name of the parents and the date and place of birth.

3. Ask the Local Registrar to record the birth of your child. (Late Registration)

4. Check with the NSO if the records are already available after two or three months. :)

Slaying the BAR exam Dragon

Elation is the dominant emotion that I am feeling right now.

Not because I passed the BAR exam again  but because a cousin of mine, Viktor Sammuel C. Fontanilla, is one of the lucky few who made it in this years' BAR exam.

The Bar exam is touted as the most difficult government administered exam and the claim probably has merits considering the vastness of the coverage, the unstable format of the exam that has undergone a number of experiments in the past recent years and the pressure that comes with taking the exam considering  that it takes a village to make a lawyer.

But amidst all these fun fare and controversies that the surrounds the BAR exam and the degree of difficulty that one undergoes in order to become a lawyer is it still worth it?

The answer is yes. The legal profession is probably the only profession that opens a number of doors for its practitioners. one can choose to be in the private sector or the government. Both options also offers a variety of choices ranging from the staple criminal law practice or the almost non-existent sports law which the recent topnotcher would like to specialize on . It is also one of the professions where the impact to the people you render service is quite palpable. It directly affects their life, liberty and property as the cliche goes.

And despite the fact that a news anchor would like to believe that there are too many lawyers, which based on the statistics shown by Atty. Domondon  is not true, it is still worth it to become a lawyer especially a good one.

Congratulations to those who passed the BAR and the people who supported them! :)


submitted to the sarangani journal.
 

 
 

Seperating Heart from Work

One of the discussions that our class had in law school is a debate on what kind of lawyer would be more effective. The choice is between one who invests his emotions in his case and his client or one who detaches himself from the client and the case.

I could no longer remember the kind of lawyer that I chose but now that I am turning three in my law practice I have faced this dilemma twice already. You see I am not a person who goes through the motion of my work. I invest who I am to what I do but this same passion and commitment at some point paralyzed me and made me think of abandoning my practice. The first time was when one of my pro bono client died in prison and now when one of my client was allegedly abducted after he was recently released from prison.

I was so distraught then I am in such a bind now.

Sometimes I wish that I could just stop feeling for my clients and for my cases so that I would no longer have these moments of self searching where abandoning litigation becomes an option.

But I guess my husband is right that if I will be this affected I would no longer be an effective lawyer to those clients who still need my services.

I guess if it is a choice between an all feeling lawyer and a detached one I would choose neither. 

I  think I can be a more effective lawyer when I am passionate but I need to be more rationale. The point I guess is creating a balance between feeling and being numb.

For if my feelings could lead to inaction, it would be better for me to be numb but taking useful action. 

March Is Women's Month

Accurately, March is considered as Women's Role in History Month and March 8 as the National Women's day.

What a better way to celebrate this month with recalling some of the pieces of legislation that sought to empower women.

The most recent of this is RA 10354 of the "The Responsible Parenthood and Reproductive Health Act of 2012″. Some of the salient features of the law are access to both information and facilities for responsible parenthood, joint implementation of the provisions of the law by the national government and the local government and mandatory and age appropriate reproductive health education. All these seeks to curb maternal death,to promote reproductive health and to create an informed choice for family planning.

The United Nation's theme for  Women's day this year is "A promise is a promise: Time for action to end violence against women. It is worth remembering thus a revolutionary piece of Philippine legislation that placed violence against women in the realm of public crime and no longer  a mere "family matter." RA 9262 “Anti-Violence Against Women and Their Children Act of 2004″ identified four forms of violence against women: physical violence, sexual violence, psychological violence and economic abuse. It provides for protection orders for victims of these forms of violence as well as penalties for its violation. It also recognized the battered woman syndrome as a legal defense.

The Magna Carta of Women legislates modes of ending discrimination against women in the workplace and at home. It seeks to close the gender gap by ensuring that women will occupy high level positions in government in equal proportion to their male counterparts and opportunities for employment of women in the police an military. It also sought the equal access of women to land rights and penalties to identified forms of discrimination against women.


These are just three of the laws that greatly affects Filipina women. We are still a long way from closing the gender gap but through  empowering pieces of legislation such as these we are slowly getting there.

(submitted as a column to the Sarangani Journal)

Relevant Laws for Women in the Workplace

Republic Act 6949 declares March 8 as a working special holiday to be known as National Women's Day.

It is already a major breakthrough that this piece of legislation was passed when it comes to women empowerment but we still have a lot to go when it comes to closing the gender gap and breaking the glass ceilings.

I opt however to not dwell on what is still lacking today when it comes to legislation for women in the workplace but rather focus on what we already have.

The Constitution sets the tone for the treatment of women in the workplace. It recognizes the role of women in nation building (Art. II Section 14) and seeks to provide women with safe and healthful working conditions that takes into account their maternal functions to realize their full potential (Art. 8 Section 14)

The Labor Code previously prohibits night work for women but this was repealed by Republic Act No. 10151, “An Act Allowing the Employment of Night Workers” last June 21, 2011. The law requires that women who enage in night work are medically fit to do so. Alternative work must also be given  to pregnant women.  

The Labor Code also provides that appropriate facilities such as chairs, nurseries and separate comfort rooms are provided to women workers.

Both Republic Act 8282 (SSS Law) and the Labor Code provides for maternity leave for pregnant women for the first four deliveries. This leave benefit is available no only to complete deliveries but miscarriages as well.

The Labor Code also provides that women should have access to family planning which should now be in consonance with the recently passed  Responsible Parenthood and Reproductive Health Act of 2012 (RA 10354).

Republic Act 9710 or the Magna Carta of women further strengthens the provision of the Labor Code which prohibits discrimination of women in the workplace when it comes to trainings, scholarships, pay and benefits. It specifically mentions women in he police and military and give preferential status for hiring women in these feilds.

The Magna Carta of Women also aims to close the gender gap by imposing that within the next five years women should compose fifty percent of those who occupy third level positions in government.

The law (RA 9710) also gave leave benefits for women who will undergo gynecological surgeries.    

The Labor Code also prohibits hiring and firing policies based on marriage.

RA 9262  Anti-Violence Against Women and Their Children Act of 2004 acknowledges the worst case scenario for women in a relationship and provides for working women who are victims of abuse a leave of ten days.

These are just a few of the laws that affect women and the workplace. Hope this would help those who are interested on the rights of women in the workplace. :)

  

  

P-Noy is wrong.

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He's Married and He Got Me Pregnant

One of the frequently asked topics that is asked of me is support.

One question related to this topic that particularly interests me is whether a pregnant woman impregnated by a married man can ask for support, more so if she is not aware that he is a married man.

The answer is yes. The key incident in this circumstance is the fact that the married man got the woman pregnant. The support here is for the unborn child and not for the mother. 

Our law does not seek to punish the woman who unfortunately is unaware of the circumstances of the man who impregnated her nor does it seek to punish the unborn child simply because a married man had an illicit affair with her mother.

Our law is bias towards the protection and support of the child and recognizes that the circumstances of his conception is not of his fault.  

1225 Simplified

Article 1225. For the purposes of the preceding articles, obligations to give definite things and those which are not susceptible of partial performance shall be deemed to be indivisible. 

When the obligation has for its object the execution of a certain number of days of work, the accomplishment of work by metrical units, or analogous things which by their nature are susceptible of partial performance, it shall be divisible.

However, even though the object or service may be physically divisible, an obligation is indivisible if so provided by law or intended by the parties.

In obligations not to do, divisibility or indivisibility shall be determined by the character of the prestation in each particular case. (1151a) 

   This article should be read in relation the to previous articles particularly 1223 and 1224 referring to obligations that are divisible and indivisibleobligations.

   The first paragraph defines indivisible obligations. These are obligations that are not susceptible of partial performance.

    The second paragraph defines divisible obligations and cited examples such as work that can be done per day, considerations that are measurable or those that are capable of partial performance.

      The third paragraph provides that even if the obligation is by nature divisible or indivisible law or agreement between the parties may stipulate otherwise.

      The last paragraph deals with obligation not to do. It provides that the category on whether the obligation is divisible or indivisible will depend on the nature of the prestation.

 

Caught In The Act

Imagine yourself entering a room and catching your wife in bed having sex with another man.

What would you do?

Article 247 of the Revised Penal Code contemplates this scenario.

The usual case is that you would probably be engulfed in rage and without a doubt you would hurt both of them or worst kill them.

Would you be liable?

The law provides that if you would seriously hurt them or kill them you will be penalized with destierro otherwise if they were not seriously hurt you will be totally exempt from liability.

Does the law apply to live-in partners?

Unfortunately not.

That's our topic for today. I hope you learned something.

Relevant Articles (RPC):  

Art. 87. Destierro. — Any person sentenced to destierro shall not be permitted to enter the place or places designated in the sentence, nor within the radius therein specified, which shall be not more than 250 and not less than 25 kilometers from the place designated.c  

Art. 247. Death or physical injuries inflicted under exceptional circumstances. — Any legally married person who having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.

 

If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.

These rules shall be applicable, under the same circumstances, to parents with respect to their daughters under eighteen years of age, and their seducer, while the daughters are living with their parents.

 

Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall otherwise have consented to the infidelity of the other spouse shall not be entitled to the benefits of this article.