...the Family Code of the Philippines for references to any of its article as mentioned in some items below. A Certificate of No Marriage Record(CENOMAR) is simply what its name implies. It is a certification issued by the National Statistics Office (NSO) stating that a person has not contracted marriage. The NSO is the central repository of among others, marriage records in the Philippines. It receives copies of marriage certificates from local civil registrars pursuant to the duty of the person solemnizing the marriage to send the duplicate and triplicate copies of the marriage certificate not later than fifteen days after the marriage, to the local civil registrar of the place where the marriage was solemnized. A CENOMAR is not a requirement for marriage. It is only essential if you want to be certain that the civil status of the person you are marrying is still single and that he or she is unattached. This may be important since any marriage contracted while another one is still subsisting is considered as null and void under Article 35 (4) of the Family Code of the Philippines for being bigamous. Moreover, bigamy (the contracting of a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings) is also punishable as a crime under Article 349 of the Revised Penal Code. So if you have doubts regarding the civil status of...
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...EFFECT AND APPLICATION OF LAWS Article 1. This Act shall be known as the "Civil Code of the Philippines." (n) Art. 2. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication. (1a) Art. 3. Ignorance of the law excuses no one from compliance therewith. (2) Art. 4. Laws shall have no retroactive effect, unless the contrary is provided. (3) Art. 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. (4a) Art. 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law. (4a) Art. 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. (5a) Art. 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. (n) Art. 9. No judge or court shall decline to render judgment by reason...
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...REPUBLIC OF THE PHILIPPINES Public Administration Country Profile Division for Public Administration and Development Management (DPADM) Department of Economic and Social Affairs (DESA) United Nations February 2004 All papers, statistics and materials contained in the Country Profiles express entirely the opinion of the mentioned authors. They should not, unless otherwise mentioned, be attributed to the Secretariat of the United Nations. The designations employed and the presentation of material on maps in the Country Profiles do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Table of Contents Table of Contents........................................................................................... 1 Philippines .................................................................................................... 2 1. General Information ................................................................................... 3 1.1 People.................................................................................................. 3 1.2 Economy .............................................................................................. 3 1.3 Public Spending ..................................................................................... 4 ...
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... BUS520M Business Law Submitted by: GROUP 4 Amparo, Lourdes Lagman, Mia Marie Legaspi, Jill Noreen Submitted to: Atty. Antonio Ligon April 6, 2016 I. Background 1. Philippine Business a. History 2. Doing business in the Philippines b. Forms of business 3. Definition and Origin of Joint Venture (JV) II. Statement of the Problems 1. What are the applicable laws in joint ventures? 2. What are the tax implications? 3. Are our current joint venture laws sufficient? Especially with the Asean integration? III. Statement of Objectives The research study aims to: 1. Identify the applicable laws in joint ventures 2. Identify the tax implications in joint ventures 3. Identify insufficiencies (if any) in our current joint venture laws and make recommendations IV. Discussion 1. Nature of Joint Ventures in Philippine setting 2. Governing Laws 3. Foreign Investments 4. Scope of Joint Venture Business Activity 5. Taxes in Joint Venture 6. Example of JVs in the Philippines V. Analyses VI. Recommendations VII. Learning Points VIII. References I. Background of Philippine Business History Historians state that the early start of business in the Philippines dated back in the 14th century, however, it was not until 1950’s or the post war years was where the emergence of an actual industrial growth. Our history of being colonized and the achievement...
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...follow the law and ethics of mass communication. These are not just standards of what is right and wrong nor based only on morality, as what most people think so. There is more to ethics than their misconceptions. These standards of conduct are highly essential and therefore strict adherence is recommended. These ethics drive the practitioners to instill self-discipline, professional attitude and sense of responsibility among 1 themselves as they are guided on how to deal with day-to-day situations involving ethical dilemmas. Here in the Philippines, there have been a lot of reported cases of libel suits. No matter how hard practitioners of mass communication try to keep up with moral responsibilities, others could not fight the urge to defy the odds. There are instances wherein some reporters and journalists abuse the privilege given to them through irresponsible reporting and writing. Thus, under Act No. 3815 or the Revised Penal Code, the offenders shall be subject to...
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...should be able to (i) describe (ii) give at least one example each and (iii) discuss the impact of the following contract: 3 V. In the problem given above, was there already perfected service contract between ELCO and Mr. Rupertini Salvastre? Determine if all the requisites of a valid contract are present or absent. 5 LO2: Be able to apply the elements of a contract in a business situation 5 VI. In the scenario between Mr. Salvastre and ELCO, if Mr. Salvastre failed to make his design, is there a breach of contract? If there is none, explain why. If there is a breach, explain why? 5 VII. In the scenario between Mr. Shane Macky and ELCO, in case Mr. Macky made an express warranty that his architectural design is compliant with the Philippine standards, and that the building will not collapse due to poor architectural design within two (2) years from the date of completion, but after one (1) year from its complete construction the building collapsed: What is the remedy of ELCO, if any, and what is the effect of Mr. Macky’s Warranty. 6 VIII. Analyse three (3) terms proposed by Mr. Rossini to be included in the Contract of Lease, and determine their impact on validity of the lease contract. 7 IX. In case Mr. Rossini and ELCO decided to have a verbal lease agreement with a term of more than one (1)...
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...Philippines Law Historical Overview Introduction The Philippines, an archipelago of 7,107 islands (about 2,000 of which are inhabited), with a land area of 115,600 sq m, has a population of 76.5 m. Some 87 major dialects are spoken all over the islands. English and Filipino are the official languages with English as the language of instruction in higher education. According to the 2000 census, the functional literacy rate is 83.8%. Agriculture constitutes the largest single sector of the economy. The country has a total labour force of 64.5%. The Philippine legal system is aptly described as a blend of customary usage, and Roman (civil law) and Anglo-American (common law) systems. The civil law operates in areas such as family relations, property, succession, contract and criminal law while statutes and principles of common law origin are evident in such areas as constitutional law, procedure, corporation law, negotiable instruments, taxation, insurance, labour relations, banking and currency. In some Southern parts of the islands, Islamic law is observed. This particular legal system is the result of the immigration of Muslim Malays in the fourteenth century and the subsequent colonization of the islands by Spain and the United States. Historical Background Philippine legal history may be categorized according to the various periods in the political history of the country: the pre-Spanish period (pre 1521); the Spanish regime (1521-1898); the Philippine...
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...LAWS ON THE PHILIPPINE COMMUNICATION MEDIA "No law shall be passed abridging the freedom of speech, of expression, or of the press, or right of the people peaceably toassemble and petition the government for redress of grievances" Freedom of Expression Article III, Section 4 of the 1987 Philippine Constitution serves as the center point and basis forthe Mass Media practice in the Philippines. It serves as the Archimedean point where media practitioners and citizens are empowered to air out their concerns without undue fear, simply because this provision of the Bill of Rights (Article III) safeguards these said rights. This clause in the constitution carries with it the history of the Filipinos' fight for freedom.Originally asserted in the Malolos Constitution (approved on January 20, 1899) as "right to freelyexpress his ideas or opinions, orally or in writing, through the use of the press and other similar means", this fight for freedom has transcended through various epochs of Philippine history; carried on from one charter change to another; and pulled through every rise and fall of one administration to the next. However, laws governing the practice of mass media in the Philippines does not solely rest on the present Constitution; they are also contained in the numerous issuances of the Courts and the Philippine legislature. More specifically, other sources of laws affecting Philippine mass media in general are: a. Revised Penal Code (national...
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...Consti 1 Tañada v Tuvera, 136 SCRA 27 (1985) Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-63915 April 24, 1985 LORENZO M. TAÑADA, ABRAHAM F. SARMIENTO, and MOVEMENT OF ATTORNEYS FOR BROTHERHOOD, INTEGRITY AND NATIONALISM, INC. [MABINI], petitioners, vs. HON. JUAN C. TUVERA, in his capacity as Executive Assistant to the President, HON. JOAQUIN VENUS, in his capacity as Deputy Executive Assistant to the President , MELQUIADES P. DE LA CRUZ, in his capacity as Director, Malacañang Records Office, and FLORENDO S. PABLO, in his capacity as Director, Bureau of Printing, respondents. ESCOLIN, J.: Invoking the people's right to be informed on matters of public concern, a right recognized in Section 6, Article IV of the 1973 Philippine Constitution, 1 as well as the principle that laws to be valid and enforceable must be published in the Official Gazette or otherwise effectively promulgated, petitioners seek a writ of mandamus to compel respondent public officials to publish, and/or cause the publication in the Official Gazette of various presidential decrees, letters of instructions, general orders, proclamations, executive orders, letter of implementation and administrative orders. Specifically, the publication of the following presidential issuances is sought: a] Presidential Decrees Nos. 12, 22, 37, 38, 59, 64, 103, 171, 179, 184, 197, 200, 234, 265, 286, 298, 303, 312, 324, 325, 326, 337, 355, 358, 359, 360, 361, 368, 404, 406, 415, 427, 429, 445, 447, 473,...
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...Prof Ed 12 Relevant Laws for Teachers . Submitted to: Professor Rodrigo Duque Submitted by: Abbie Irish M. Mendoza III-2 BECEd G.R. No. L-39275 December 20, 1933 THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellant, vs. RICARDO MENDOZA, Defendant-Appellee. In criminal case No. 4851 of the Court of First Instance of Pampanga, the provincial fiscal thereof filed an information against the herein appellee, which reads as follows: The undersigned provincial fiscal accuses Ricardo Mendoza of the crime of assault upon a person in authority committed as follows:chanrobles virtual law library That on or about September 30,1932, in the municipality of San Fernando, Province of Pampanga, Philippine Islands, the said accused, Ricardo Mendoza, being a pupil of the teacher Iluminada Tinio, did then and there willfully, unlawfully and criminally attack and lay hands upon her person, to wit: slapped said Iluminada Tinio on one of her cheeks, while she was engaged in the performance of her duties as such teacher and while she was within the premises of the high school building exercising the functions inherent in such capacity. Upon motion of the appellee, as accused in the aforesaid case, the trial court dismissed the information on the ground that the facts alleged therein did not constitute a crime but simply a misdemeanor or light felony. The present appeal was taken by the fiscal for the purpose of setting aside the order of dismissal in question...
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...PHILIPPINE LAW JOURNAC FILE COPY VOLUME 55 MARCH, 1980 FIRST QUARTER PHILIPPINE LAW JOURNAL , EXECUTIVE LEGISLATION: THE PIDLIPPINE EXPERIENCE Irene R. Cortes SOME ROLE/FUNCTIONS IN THE ADMINISTRATION OF CRIMINAL JUSTICE Alfredo F. Tadiar THE PATRIARCHAL TREATMENT OF RAPE ACROSS CULTURES Laurie A. Ajdukovich PROVISIONAL PERMITS: A CRITICAL REVIEW Rogelio E. Subong COMMENT BOOK REVIEW COLLEGE OF LAW UNIVERSITY OF THE PHIUPPINES ADMINISTRATION VISITORS PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES BOARD OF REGENTS MINISTER OF EDUCATION AND CULTURE, Chairman PRESIDENT OF THE UNIVERSITY, Vice-Chairman REGENT EMIL Q. JAVIER REGENT FLORENTINO B. HERRERA, JR. REGENT ESTELITO P. MENDOZA REGENT TOMAS S. FONACIER REGENT ORLANDO J. SACAY REGENT GERARDO P. SICAT REGENT AMB~OSIO F. TANGCO REGENT RONALDO B. ZAMORA THE UNIVERSITY EMANUEL V. SORIANO, B.S.M.E., M.I.Mgt., D .B.A, President OSCAR ' M. ALFONSO, B.S.F.S., M.A, Ph.D., Vice-President for Academic Affairs RAMON C. PORTUGAL, AB., LL.B., M.P.A Ph .D., Vice-President for Administration GEMINO H. ABAD, A.B., M.A, Ph.D., Secretary of the University MANUEL P. BENDANA, B.S., University Registrar THE COLLEGE FROILAN M . BACUNGAN, AB., LL.B., LL.M., Dean ' FLERIDA RUTH P. ROMERO, AB., LL.B., LL.M., Director, D.P. Law Center ALFREDO F. T~IAR, A .B., LL.B., LL.M., Associate Dean and Director, Office of Legal Aid ANGEL G. MAPA, LL.B., Secretary EDUARDO A. LABITAG, AB., LL.B., Director, Law Evening...
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...The Philippines The Republic of the Philippines is a constitutional democracy, with the President as head of state. The president and vice president are elected by the people for six-year terms. The national government has three coequal branches that exercise a system of checks and balances: executive, legislative, and judicial. The executive branch consists of the President and his Cabinet. The Senate and the House of Representatives make up the bicameral legislature. The Supreme Court heads the systems of courts under the judicial branch. Congress consists of a 24-member Senate and a 250-member House of Representatives. The voters of the entire nation elect senators to six-year terms. Voters from different districts elect 200 of the representatives to three-year terms. The remaining 50 representatives are selected from lists drawn up by the political parties to ensure representation of women, ethnic minorities, and certain economic and occupational groups. The number selected from each party's list is about one-fourth of the number of the party's elected representatives. All Philippine citizens who are at least 18 years old may vote. The Philippine Constitution is the fundamental basis of the laws of the land. The country has had several Constitutions, but the current one was adopted through a nationwide plebiscite in 1987. It is supported by other laws, such as the Civil Code, the Labor Code, the Omnibus Investments Code, and the National Internal Revenue Code, as...
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...G.R. No. 118305 February 12, 1998 AYALA INVESTMENT & DEVELOPMENT CORP. and ABELARDO MAGSAJO, petitioners, vs. COURT OF APPEALS and SPOUSES ALFREDO & ENCARNACION CHING, respondents. MARTINEZ, J.: Under Article 161 of the Civil Code, what debts and obligations contracted by the husband alone are considered "for the benefit of the conjugal partnership" which are chargeable against the conjugal partnership? Is a surety agreement or an accommodation contract entered into by the husband in favor of his employer within the contemplation of the said provision? These are the issues which we will resolve in this petition for review. The petitioner assails the decision dated April 14, 1994 of the respondent Court of Appeals in "Spouses Alfredo and Encarnacion Ching vs. Ayala Investment and Development Corporation, et. al.," docketed as CA-G.R. CV No. 29632, 1 upholding the decision of the Regional Trial Court of Pasig, Branch 168, which ruled that the conjugal partnership of gains of respondents-spouses Alfredo and Encarnacion Ching is not liable for the payment of the debts secured by respondent-husband Alfredo Ching. A chronology of the essential antecedent facts is necessary for a clear understanding of the case at bar. Philippine Blooming Mills (hereinafter referred to as PBM) obtained a P50,300,000.00 loan from petitioner Ayala Investment and Development Corporation (hereinafter referred to as AIDC). As added security for the credit line extended to PBM, respondent Alfredo...
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...BACKGROUND AND THE CURRENT SITUATION Company Background • Department of Foreign Affairs (DFA) The DFA is an executive department of the Philippine government tasked to contribute to the enhancement of national security and the protection of the territorial integrity and national sovereignty, participate in the national endeavor of sustaining development and enhancing the Philippines' competitive edge, protect the rights and promote the welfare of Filipinos overseas and mobilize them as partners in national development, project a positive image of the Philippines, as well as increase international understanding of Philippine culture for mutually beneficial relations with other countries. The history of the Republic of the Philippines (RP) and that of the DFA are intertwined. The important events marking the passage of the years at the Department are also milestones in the rise of the Philippines as an independent nation. Over one hundred years ago, the DFA had its auspicious beginnings when President Emilio Aguinaldo appointed Apolinario Mabini as the Republic's first Secretary of Foreign Affairs on 23 June 1898, eleven days after the declaration of Philippine independence at Kawit, Cavite. The DFA was among the first government departments created following the establishment of the First Philippine Republic. Realizing the need for international recognition of the new government, Aguinaldo assigned Mabini the difficult task of establishing diplomatic...
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...Who are the Citizens of the Philippines? A Filipino citizen may be considered natural-born or naturalized citizen. Both statuses bestow upon the individual certain privileges and exclusive rights such as the rights to vote, to run for public, etc. which may be denied the foreigner. NATURAL-BORN FILIPINO Art. IV, sec. 2 of the 1987 Constitution defines the NATURAL-BORN Filipino citizens as: 1. “Those who are citizens of the Philippines at the time of the adoption of this (1987) Constitution” 2. “those whose fathers OR mothers are citizens of the Philippines” and 3. “those born before January 7, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority. Even if the child is born to an alien father and a Filipino mother, the Filipino citizenship of the mother will bestow natural-born Philippine citizenship upon the child PROVIDED his birth occurred on or after January 17, 1973 (date of ratification of the 1973 Constitution), otherwise he followed the citizenship of the alien father and acquired at best only an inchoate Philippine citizenship which he could perfect by election upon attaining majority age. EXCEPT if he is born out of lawful wedlock, in which case, he will be considered a Filipino by virtue of his mother’s citizenship. In addition, only natural-born citizens are allowed to hold constitutional offices such as the office of the President; Senators; Members of the House of Representatives;...
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