Tuesday, July 3, 2007

ayon sa batas 2

Q. Ako ay isang balo for 3 years already, as of now may nobyo po akong chinese d2. Balak naming umuwi jan sa Pinas para magpakasal, ano po ba ang dapat kong gawin? Makasal kaya kami ate? Paano? (Gina D., via email)

A. Ang pagpapakasal, kahit saan man ganapin, sa Pilipinas man o sa ibang bansa, ay kinikilala at sagrado sa batas natin. Pinapahintulutan ang mga balo na ikasal pang muli. Kung dito ka sa Pilipinas magpapakasal, kakailanganin mo munang kumuha ng Certified True Copy ng Death Certificate ng yumao mong asawa, sa National Statistics Office (check the rates sa website ng NSO – www.census.gov.ph).

Para sa kasal niyo dito sa Pilipinas, you will need to file an application for a marriage license sa Civil Registrar’s Office sa kahit saang munisipyo o city hall. Ang application na ito ay kailangan mong i-file at least one month bago sa araw ng inyong kasal. Ipapa-submit sa iyo ang Death Certificate ng dati mong asawa, ang birth certificate mo (na i-re-request mo rin sa NSO) at ang mga iba pang patunay ng iyong estado. Kailangan din mag-submit ng iyong nobyo ng Certificate of Legal Capacity to Contract Marriage, na dapat issued and duly certified ng kanyang embassy or consular office dito sa Pilipinas.

Kung kayo naman ay ikakasal sa simbahan, may iba pang requirement na hihingin ang simbahan o denominasyon na magkakasal sa inyo.

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Q. Tungkol po sa pangalan ng mother namin, iba po ang naka register sa NSO at iba iyong gingamit nya. Gusto po naming baguhin iyon ngunit ang sabi nila ang gagastusin namin ay abot ng 9,500 pesos para mapalitan iyon. Nagbabakasakali po ako na ako ay inyong matulungan tungkol sa bagay na ito, kung talaga bang ganito kalaki ang dapat bayaran, me paraan po ba na maiwasan ang pagbayad sa ganito kalaking halaga dahil maliit lang naman po ang kita namin, o kaya naman po me pwede po ba kaming lapitan na tao o ahensiya na malalapitan. More Power! (Myrna Guilim, via email)

A. Ang pagkakaiba ng pangalang ginagamit ng mother mo at sa naka-record sa NSO ay maaaring maitama sa ilalim ng “administrative proceeding” (derecho ka sa Local Civil Registry sa munisipyo at hindi mo na kailangan ng abogado para gawin ito), by filing a Petition for Correction under Republic Act 9048 (Clerical Error Law).

Pero you have to know na pwede lang gamitin ang paraan na ito para ituwid ang (1) mga itinatawag na “typographical error” o mga maliliit na pagkakamali sa mga nakalagay sa record gaya ng spelling, (2) pagpalit o pagbago ng katawa-tawa o nakakahiyang first name, o di kaya (3) ituwid ang pag-gamit ng first name dahil iba ang nasa birth certificate niya sa first name na ginagamit o inaakalang tunay na first name magmula sa pagkabata. Kung wala sa tatlong ito ang kaso ng mother mo, kinakailangang ninyong magsampa ng kaso sa korte para mabago at mailinis ang record niya.

Kung ang pagtuwid ng record ay maaaring idaan sa mga opisina ng Civil Registrar, pwedeng mother mo mismo ang mag-file ng petition, o kahit sinong malapit na kaanak na binigyan niya ng authorization para i-file ang petisyon para sa kanya. Dapat i-file ang petition sa munisipyo kung saan unang nakatala ang pagkapanganak ng mother mo.

Sino ba ang sumisingil sa mother mo ng P9,500? Sa halagang isinisingil sa inyo, hindi maliwanag kung ito ang isinisingil ng isang abogado na hahawak ng petisyon sa civil registrar, o kung ito ay singil sa korte. Kailangan niyo lang ng serbisyo ng isang abogado kung ang kaso ng mother mo ay hindi kayang ituwid ng Local Civil Registrar. Ang pagtuwid ng pangalan ng nanay mo ay nakadepende sa konteksto ng sitwasyon niya.

Ayon sa RA 9048, kung ang petisyon ay isinampa sa Local Civil Registrar, P1,000.00 ang singil para sa pagtuwid ng “clerical error” at P3,000.00 sa pagpalit o pagtuwid ng first name. You have to remember na ang mga nasabing halaga ay bukod pa sa gagastusin ninyo para ma-kumpleto ang mga documents na magpapapatunay sa pangalan ng mother mo, tulad ng mga certified true copy ng baptismal certificate, NBI clearance, at iba pang documents. For more information, puntahan ang website ng NSO sa www.census.gov.ph at i-click ang RA 9048 or Clerical Error Law.

ayon sa batas 1

  1. I have been separated from my husband for 10 years. Right now, I have a loving, stable relationship with my boyfriend, who is a foreigner. We want to get married in Manila soon. Will we have a problem with our plans since I have been previously married?
  1. Yes. You cannot marry another person, whether a Filipino or a foreigner, because you are still considered married to your husband in the eyes of the law. It doesn’t matter if you have been separated from your husband for a long time. You will have to have your previous marriage properly annulled before you can get married again. Until you do so, you cannot remarry under Philippine laws.

Remember also that before you can get married again, you will have to get a marriage license from the Local Civil Registrar where you habitually reside in the Philippines. This will require a declaration that you are single, or else you have to submit a copy of the Court Order/Decision which declared your previous marriage as judicially voided or annulled, among other things.

If you decide to get married in another country, the government of that country may also request that you submit as part of the requirements a certification from our embassy or consular office that you are qualified to marry. The Office of the Civil Registrar General should issue a Certificate of No Marriage (CeNoMar) or Certificate of Singleness to prove that you are eligible to marry. At the moment, you cannot get that certification since your previous marriage has not yet been annulled.

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Q. I am a single mom and I gave birth to my son in 2001. I heard that there is a new law which allows illegitimate children to use the family name of their father. Can my son, who has been using my family name since birth, now use the family name of his father?

A. Yes, your son may use the family name of his father, as allowed under Republic Act 9255. This is a purely administrative proceeding which must be filed at the Office of the Local Civil Registrar. However, you will be required to submit proof of filiation or an acknowledgement of paternity. This means that your child may only use the family name of his father if he has been expressly recognized as such by him, whether (1) in the record of birth, or (2) in an admission in a public document (for example, the father issues an affidavit to attest that he is the father of your son), or (3) in a private handwritten letter or document. A copy of the baptismal certificate may also be accepted as proof of filiation, as long as the name of the father appears in the document and the father himself appears at the Civil Registrar’s office during the hearing.

Keep in mind that all children, even illegitimate children, have the right to be supported by their parents. As long as there is proof of filiation and paternity, it is not only the use of his father’s family name to which the child is entitled, but more importantly, the right to demand for support.


ako ay filipino

ako ay pilipino. (i am filipino.) and a lawyer. and a female. and i come from a breed of strong, brave and arrogant people, the waray-waray.

i'm still an idealist. despite the fact that i graduated from the state university almost 10 years ago, i still believe there is hope for the philippines. how that will happen, i don't know. but somehow, i feel that in my own way, i try to 'do my own thing' to make it happen.

so what do i do? i work for the government. (and my ideals and values remain intact, thank you.) i teach college law part-time at an all-girls' college in quezon city. (knowledge is power.) i have a law firm which we put up with good friends and classmates from UP Law. (it's good to be your own boss.) i am the secretary general of a party list. (this is my "giving back" to society, in the most direct way i can manage.) i write a legal column for a filipino magazine published in singapore. (knowledge, again, is power.)

i know i do a lot of things, but i enjoy doing them. and yes, i still have a life.

if many of us believe, i think that little by little, step by step, our country will be a better place to live in. i hope.

* * * * *

last year, i met pastor rey navarro, a publisher of a filipino magazine in singapore, Ako Ay Filipino. mr. tormes, a former boss, facilitated the meeting. pastor rey invited me to join the magazine as a contributor for legal issues. i started writing in december, and the response has been good.

after blogging personal stuff for some months now, i decided to create this blog where i can post the answers to the questions that are sent to me via email.

if you have questions yourself, feel free to post your inquiries and i will try to answer them as soon as possible. i have always believed that the law is for everyone. and while inquiries here are free, i am posting a caveat: nothing beats going to a lawyer face to face when legal troubles arise.

carpe diem.

Sunday, July 1, 2007

reflections of a working law student (a personal history, part 2)

So I had a job.  One problem down.  Or so I thought.  Only, ONLY, I was told that it would take THREE months to process my first paycheck.  Great.  I distinctly remember it was a penniless christmas, but I was with my family as always so that was a great thing. 

But I am getting ahead.

The student loans

In UP, we have a thing called the loan board.  At the start of every semester, you can file for a loan to cover a percentage of your tuition fees (75% of total tuition fees for undergrads; 80% for graduate students), excluding miscellaneous and other university fees.  The student would decide when to pay the loan, as long as the total loan amount would be fully paid before the next registration period.  Otherwise, you’ll be denied enrollment for the following semester.

I knew how it worked theoretically, but on the 2nd semester of my freshman year, and due to the fact that my employment papers were still being processed, I had to bring myself (gulp.) to apply for a student loan.  Me?  So yabang, ingglesera & often acting sosyalin, apply for a student loan???  Jolette, the master of almost everything (or so I think he thinks. Haha.), told me to swallow my pride, accept reality and go to vinzons.

Smiling but worried, I trekked to Vinzons to check if I would qualify for a student loan.  The long queue didn’t even affect usually-cranky-i-hate-long-lines me.  Beggars can’t really be choosers, and at that point, I felt like a complete beggar.  When I got to the counter…  Completely filled-up reg mats duly checked and assessed, check.  ID picture, check.  Application form duly accomplished, check.  Co-guarantor, wtf??!!!  I didn’t know any permanent employee of the University!  Then it dawned on me:  the staff!  The helpful Ates! (twinkly eyes, goofy grin… sabay lakad pabalik sa law)  Ate Alma at the College Secretary’s office was a God-send.  She agreed to be my co-guarantor.  As God and the Fates deemed it to be, I got my student loan check a few hours after I first went to Vinzons.  I was alive and breathing again. 

And so it was, on that fateful day, my student loan-self was born.  That sem and for the following sems of my esteemed law school life, I was a happy, fully-leveraged student every semester. 

Food, booze & (drunken) words

Yes, we had time to drink and be merry.  (we had loves, too, thank you. Oh. And affairs too.)

Legally Blonde was a very, very welcome film that helped me explain to other friends how law school was like.  Think Elle Woods.  We (my blockmates & i) were Elle Woods, only the barako, typical , UP manginginom kind.

During our first week as freshmen, my blockmates and I would always go out after classes for dinner and beer, on the excuses that: (1) we had to bond.  We were going to be together for the next 5 years! and (2) we all had to know each other really well.  Those with the better jobs usually paid (they had to. Haha.).  Afterwards, I think we went out because (3) we had no other choice.  our friends outside law school were usually sloshed by the time our classes ended at 9. 

From 9 in the evening until as late (err, early) as 4am, we would be trading woes about bad recitation episodes, really bad exam performances, the current political situation, law school chismis, our problems, etc., etc.  Trellis and Treehouse were the usual haunts.  Jolette also loved going to Canimog, until I refused to go there anymore coz they had flying ipis.  I remember the guys would drink at Gulod before classes (yes, they did that) but I never got to go with them.  Tapika and Katips were alternatives.  When the guys discovered the beer mug and tapang usa at this place in timog, that became it.  I wasn’t with them when this happened but this really cracked me up when they told me about it:  one night, one of the guys had a problem so they decided to go to timog.  They got really drunk that on their beer mugs (the mugs are sized like pitchers!), nag-trip sila to ask the waitress for those cocktail thingies (the fruit slice with mini-umbrella) which they put on the rims of their mugs.  Then they asked for a straw and sipped their beer like a cosmo!  Nice.

We also drank at our houses:  at jard’s apartment, at my apartment(s), at jolaz & anna’s.  During their family occasions, at mich’s and arlene’s houses.  And we always, always got drunk at arlene’s family’s house in subic. 

I remember with fondness (hehehe) that we would go to the videoke carinderias at The Wall (in Balara) when we had no money, just to quench our thirst & belt out a few songs after bad recitation nights.  (Malen!  Gloria Gaynor! Hehehe) We stopped going there though when we heard that a bar reviewee got shot because he didn’t want to share the mic with another customer. (that’s what I remember.  God rest his soul.)

Our sem-enders & class parties were always excuses to get really drunk.  Didit’s at Valle Verde was the favorite venue, followed by Arlene’s at Subic.  but for purely personal reasons, the sem-ender that will always be at the top of my list would be the one we had in Tagaytay.  (reminiscing edited for peace of mind.  definitely not my mind alone. go figure.)

To those who kept the flame of dinner, beer & good conversation alive at that stage of my life, kudos:  Jard, Jolette, Jolaz, Chizper, Henry, (always the late) Marlon, Ericson, Lan, Gerry, Malen and Mich (always with Spocky. Hehe. Sabit.).  Luther, Alvin and Arnell were often there, but they seldom drank.  (Presence counts. Haha.)

Unforgettable recitations

Every day in law school inside the classroom was h-e-l-l.  especially for me who was never fully prepared:  either I lacked time to finish the whole case assignment or I just really couldn’t force myself to study that day.  The clammy, shaky hands and racing heart at the start of every class will never go away.  From freshman year until I graduated, I was never kampante enough with what I had studied and read.  Scratch that.  Even while I was taking the bar, I never felt prepared.

In law school, it matters that you are seated beside friends whom you trust.  Friends who will be your “TV” and “radyo” when the need arises.  “TV” is when your seatmate writes down the key word or opens his/her book and points to the answer.  “Radyo” happens when your seatmate whispers to you the answer, in the hope that (1) it’s the right answer and (2) you, the recitator, will be able to decipher the whisper.

However, because we will never be really prepared, visual and hearing aids aside, these happened.  Believe me, they did.

Prof:  After studying the whole Constitution and going back to the Preamble, what can we deduce from all of these?  Mr… Mr. A?

A:  Sir? 

Prof: What is your answer?  Don’t make me repeat my question.

A:  Sir?  I’m sorry, sir…

Prof:  You, Mr. B?

B:  Sir… that, uhm, that…

Prof: Ms. C?

C:  (stands and remains silent)

Prof:  Ms. D? (not me)

D:  Sir, that our Constitution is the supreme law of the land.

Prof: And?  But?

D:  Uhmmm….

Prof:  You haven’t learned anything at all aside from that?  You knew that already!  Mr. E?

E:  (stands and looks at prof)

…… (half of the class is standing now, including me)

Prof:  What?  What can we deduce?  We, the Filipino people… the people are what?  The people are what??!!!!  Mr. F!

F:  The people are… uhm… The people are…

Prof:  The people are supra-…. Supra what, Mr. F?

F:  Sir… the people are supra…

Prof: SUPRA WHAT?  SUPRA WHAT?

F:  Sir… supra-man?

(mwehehehehe… Jard answered this correctly.  The people are supra-constitutional.  So what happened in EDSA 1 & 2 were not unconstitutional.)

Prof: Is an earthquake a fortuitous event, Mr. L?

L:  Yes, sir.

Prof:  Are you sure?

L:  No, sir.

Prof: What?  Why?

L:  Sir, there are man-made earthquakes, sir.

Prof:  Ha?  Saan?  Ms. Dumas, do you agree?

Me:  Sir, I’m sorry, but I don’t agree.  Earthquakes are acts of God, so they are fortuitous events.

Prof:  Don’t you think earthquakes can be man-made like Mr. L says?

Me:  Probably, sir, but I believe these only happen as effects of other man-made events, sir, like nuclear testing.

Prof:  Nuclear testing?  Bakit naman?

Me:  Sir, when there are nuclear tests or other testings of bombs and armaments, when these big bombs explode, the earth will necessarily shake.  So a small earthquake occurs.

Prof:  Really?  Define an earthquake, Ms. Dumas.

Me:  Sir… uhm, an earthquake is when the earth shakes, sir, and sometimes the earth splits open.

(no shit.  i said that.  i really said that.  i tell you, i watch too many movies.)

Prof:  Why does the Supreme Court not allow the filing of this other case, Mr. M?

M:  Because the law and the rules are clear sir.  This is not allowed.

Prof:  You know the law already.  Why nga?

M:  Sir, we should follow what the law says.  The Supreme Court is only applying the law.

Prof:  Hay naku.  Ms. Dumas, why not?

Me:  Sir, the law does not allow it.  So this case cannot be filed.

Prof:  But that is what Mr. M said… Give me a different answer.

Me:  Uhm… Sir?  Sir, because if the court allows cases like this to be filed, this case will just be a rehash of the first case.  This will be an addition to the court dockets, sir.

Prof:  What are you talking about, Ms. Dumas?

Me:  The law does not allow it since this will clog the court dockets.

Prof:  Huh?  Why?

Me:  Allowing this case to be filed will open the floodgates to the filing of more cases like this, sir.

Prof:  Oh.  So you’ve seen the floodgates open, Ms. Dumas?

Me:  No, sir… (ngiti. ngiti. then I bow my head.)

(argh. kaasar… i remember I said these things just because I had to say something.  Otherwise, that recit would have been an automatic 5.0.)

I actually have a lot of boo-boos inside the classroom.  Lots more.  But these two were my highest moments of glory.  Smirk. 

During our sophomore year, we would make fun of one of our professors for wearing the same Lacoste shirt to class every time we met.  He caught us giggling over our ‘witticisms on scratch paper’ (those little notes you share with your seatmate while class is going on, where you talk about life, love, the prof & everything else in general except the topic at hand) and decided to call us for recitation though we had just had our turn.

Prof:  Ms. P, what is commodatum?

P:  Commodatum is… uhm, sir… (looks around and kicks me in the shin)

(I get it.  I leafed through my book like mad to look for the exact definition.  Found!)

P:  Commodatum is when… (she reads from my book)

Prof:  Amazing powers of reading, Ms. P.  Ms. Dumas?

Me:  Yes, sir.  I agree with the definition stated by Ms. P, sir.

Prof:  You’re answering a question which I haven’t asked. 

(silence…)

Prof:  Sit down, both of you.

(so we decided to be really good girls and listen.  Then I went out to go to the ladies’ room.  I felt like going out to eat fishballs at the parking lot, so I went there too.  After fishballs, I realized I had been gone for a long time so I decided to get back to class.  Outside the classroom, I met Jolette who had just come from another class and we got to talking.)

Prof:  Ms. P, where is Ms. Dumas?

P:  Sir, she had to go to the bathroom.

Prof:  Really?  She’s taking her own sweet time, eh?

P:  Sir, I think she’s not feeling well.

Prof:  Where is Mr. A?  Are they both outside?  Maybe they decided to go on a date!  Or maybe they’re just outside the classroom!

(goes to the door, opens it, and actually finds me perched on an extra teacher’s desk in the hallway, talking to jolette!)

Prof:  Ms. Dumas!  You can tell me if you really don’t want to attend my class!

Me:  Sir, I’m sorry.  I just had to go to the bathroom because I wasn’t feeling well.

Prof:  Oh.  So you’re getting yourself cured now by hanging around the hallways.  Good.  Take your time, take your time… Until you feel better.

Me:  (very embarassed.  Very sorry.  And very, very, very scared…)  Sir, I deeply apologize sir…

(I run to the room, sit down, and I don’t even dare look at the prof’s direction until classes end.)

For that episode, I paid dearly.  I had better recitations than Ms. P (yes, you, you know who you are!) and got higher exam grades.  At the end of the semester, Ms. P got a 1.5, the rest of the class had grades ranging from 1.25 to 2.0, and I got a 2.5.  At least he didn’t forcibly drop me from his class for my misdemeanor, which he could have done.  Professors are gods immortal.

Arlene, Mich, Lumen, Pearl and Lyne (and those whom I was near enough to see or hear from UP Law Classes 2004E & 2005E):  for being the best tv guides and radio announcers, thanks.  These sablay moments were mine, and are mine alone to bear.  Mea culpa.