Skip to main content

Posts

Showing posts from 2009

TAX TALKS: Are Jeepneys considered Automobiles?

In Wikipedia, an automobile is a wheeled motor vehicle used for transporting passengers, which also carries its own engine or motor. Most definitions of the term specify that automobiles are designed to run primarily on roads, to have seating for one to eight people, to typically have four wheels, and to be constructed principally for the transport of people rather than goods. With the above definition, No doubt that Jeepney is an automobile . Jeepneys are everywhere in Manila - all shapes, sizes and colour configurations. It is the most popular means of public transportation in the Philippines particularly in the cities and towns. In fact, jeepney is the most efficient and cheapest mode of transportation in big cities including Metro Manila and Cebu, and for long distance destinations in the provinces. So why am I asking whether the jeepney is considered an automobile? Well, under Republic Act No. 9224 which was approved into law last August 29, 2003 , Jeep/jeepney/je

PERSONAL PICK: Maguindanao Massacre

I joined the Facebook group We Condem the Maguindanao Massacre, Justice for the Victims! Like the almost three (3) thousand members of the group, I share the group description " All Filipinos should come out and condemn the Maguindanao massacre. let us not let this pass, let the world know, specially the Philippine government that we will not stop until justice is delivered to the victims of the Maguindanao massacre. We have come to be known to ourselves and to the world as a nation that suffered from the Ondoy and Pepeng, came together as one to help each other, drew strength from each other then to a glorious and magnificent definition of a Filipino capable of being a champion boxer making world boxing history admired by all to a simple man in Cavite who on his own efforts took the pains of educating his neighbors by pushing a push cart through the streets and becoming the CNN hero of the year. From that lofty and admirable high spot we are now, we Filipino are now redu

PROPERTY POINT: Salvage Zones Utilization

Client wants to know if it can utilize an area constituting a salvage zone. Under Article 51 of the Presidential Decree No. 1067 , otherwise known as “ The Water Code of the Philippines ”, Salvage Zone is defined as “the zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along their margins, subject to the easement of public use in the interest of recreation, navigation, flotage, fishing and salvage. No person shall be allowed to stay in this zone longer than what is necessary for recreation, navigation, floatage, fishing or salvage or to build structures of any kind ”. The Philippine Ports Authority has jurisdiction over all shorelines or salvage zones. It cannot, however, grant an exemption for the individual personal use of the shoreline. Based on our representation with the Department of Environment and Natural Resources (DENR ), we learned that the available option is for client to file a Foreshore L

CORPORATE CHATS: Surveillance Cameras in Workplace - An Intrusion of Privacy?

I was recently asked about the legality in the Philippines of putting video surveillance cameras and setting up some “bait” in order to deter and/or learn the culprits of on-going thefts in the workplace. His question actually is anchored on the existence of privacy laws in the Philippines and if the setting up of surveillance cameras would be violative of said privacy laws, if there be any? Also,if an employee who committed theft in the workplace as seen in the surveillance cameras, could be dismissed? I replied, in part, as follows: Zones of privacy are recognized and protected under Philippine laws. The Civil Code provides that " [e]very person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons" and punishes as actionable torts several acts for meddling and prying into the privacy of another. Xxx. Invasion of privacy is an offense in special laws like the Anti-Wiretapping Law. Moreover, the right of privacy is re

PROPERTY POINT: CONSULTA

A certain Register of Deeds denied the registration of the Deed of Absolute Sale executed by a corporation sole on the ground that “Court Approval is necessary since the Vendor being a corporation sole pursuant to Section 113 of Batas Pambansa Blg. 68 , the Corporation Code of the Philippines .” Pursuant to Section 117 of Presidential Decree No. 1529 , otherwise known as the Property Registration Decree , we elevate the matter to Land Registration Authority (LRA) by way of consulta . BASIS OF CONSULTA: Section 117 of the Property Registration Decree reads – Section 117. Procedure. When the Register of Deeds is in doubt with regard to the proper step to be taken or memorandum to be made in pursuance of any deed, mortgage or other instrument presented to him for registration, or where any party in interest does not agree with the action taken by the Register of Deeds with reference to any such instrument, the question shall be submitted to the Commissioner of Land Registr

FAMILY FIX: Parental Authority and General Contracting Principles

A foreign lawyer requested me to review a contract that will be used by a foreign corporation to engage local volunteers to assist with audiovisual productions in the Philippines. The last page of the disclosure statement refers to the Parental consent where the Volunteer is a minor and thus he wants me to review the consent language as it applies in the context of the agreement and if it complies with local law. He further requested that if it does not comply with local law, that I provide him with the appropriate language. I replied as follows: 1. Under Articles 211 -216 of the Family Code of the Philippines, both spouses exercise parental authority over their children and in case of disagreement the father’s decision shall prevail unless there is a judicial rule to the contrary. In case of absence or death of either parent, the surviving parent shall continue exercising parental authority. In case of separation of parents, parental authority shall be exercised by the paren

FAMILY FIX: Being a Judge in a Family Court - Judge Ma. Elisa Sempio - Diy (RTC 225 QC)

This is the talk given by Judge Maria Elisa Sempio Diy of Branch 225, Regional Trial Court of Quezon City during the first anniversary conference of the J. Reuben Clark Law Society - Philippines Chapter last August 22, 2009 in Makati City. Being a Judge in a Family Court Judge Maria Elisa Sempio Diy Branch 225, Regional Trial Court Quezon City Good morning. Before I begin my short lecture on the practical side of being a family court judge, let me just say that it is an honor to address a group composed of legal minds that give value to both the supremacy of law and one’s faith in a Supreme Being as their ultimate guide. My objective with this survey of practical pointers on the procedure in some common family cases is to equip all of us to assist anyone who might be facing an issue or predicament in the family and to allow him/her to have a happy family life or to move on in anticipation of a new family. As an instrument of the State in portraying the role of parens pa