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Presidential Decree No. 96 (No Wang Wang)

abogadomo.com — Wed, 07 Jul 2010 15:24:31 +0000

Much ado has been made with the recent campaign of the police to eliminate the use of sirens, blinkers and other similar gadgets that emit loud noises or otherwise used to navigate obnoxiously on the streets of Metro Manila and other areas of the Philippines. This is an offshoot of President Noynoy Aquino’s inauguration day declaration of “No wang-wang”! This recent development now begs the question, why only now? Presidential Decree No. 96 which regulates the use of sirens, bells, horns, whistles and similar gadgets that emit exceptionally loud or startling sounds, including domelights and other similar signalling or flashing devices attached to motor vehicles and used on the highways has been in effect since 1973! Yet, it is only now is there a conscious effort on the part of our law enforcement to give teeth to this long neglected law. We can only hope that this zeal would last and not be a case of “ningas cogon”.

Surprisingly, media has reported that motorists caught with wang-wangs and other prohibited devices have been fined the amount of Php 15,000. We’re not sure what legal basis was used for this but Presidential Decree No. 96 is clear that the penalty for a first offense is mere confiscation and it is only in case of a second and subsequent offenses that the offender shall be prosecuted for violation of the Decree and, upon conviction thereof, shall suffer the penalty of imprisonment for six months and/or a fine of 600 pesos. In addition, the certificate of registration of the motor vehicle on which the unauthorized gadget or device herein mentioned is installed, mounted or used shall be cancelled or revoked.

Republic Act No. 9858 – Legitimization of Children Born to Minor Parents

abogadomo.com — Thu, 07 Jan 2010 14:19:56 +0000

Children born out of wedlock to parents who were not allowed by law to marry for being minors are now qualified for legitimation. This has been made possible by Republic Act No. 9858, which has amended Article 177 of the Family Code of the Philippines. Previously, Article 177 stated that only children born out of wedlock to parents who were not disqualified from getting married at the time of conception could be legitimized. Effectively, this legal irony excluded children whose parents were barred from getting married because they were underage. With the new law, legitimation would automatically take place upon marriage of the parents. Moreover, couples who had children when they were below the marrying age would not need to go through the process of having to adopt their own offspring just so their kids could enjoy the rights of legitimate children.

Republic Act No. 9729 – “Climate Change Act of 2009″

abogadomo.com — Thu, 03 Dec 2009 03:46:11 +0000

The Climate Change Act of 2009 was recently signed into law by President Gloria Macapagal Arroyo. Among the highlights of the law are:

It establishes a Climate Change Commission which shall be an independent and autonomous body and shall have the same status as that of a national government agency. It shall be attached to the Office of the President. The Commission shall be the sole policy-making body of the government which shall be tasked to coordinate, monitor and evaluate the programs and action plans of the government relating to climate change pursuant to the provisions of this Act. The Commission shall be organized within sixty (60) days from the effectivity of this Act. (Section 4, RA 9729)

The Commission shall be composed of the President of the Republic of the Philippines who shall serve as the Chairperson, and three (3) Commissioners to be appointed by the President, one of whom shall serve as the Vice Chairperson of the Commission. (Section 5, RA 9729)

The Commission shall meet once every three (3) months, or as often as may be deemed necessary by the Chairperson. The Chairperson may likewise call upon other government agencies for the proper implementation of this Act. (Section 6, RA 9729)

The Commissioners must be Filipino citizens, residents of the Philippines, at least thirty (30) years of age at the time of appointment, with at least ten (10) years of experience on climate change and of proven honesty and ntegrity. The Commissioners shall be experts in climate change by virtue of their educational background, training and experience: Provided, That at least one (1) Commissioner shall be female: Provided, further, That in no case shall the Commissioners come from the same sector: Provided, finally, That in no case shall any of the Commissioners appoint representatives to act on their behalf. The Commissioners shall hold office for a period of six (6) years, and may be subjected to reappointment: Provided, That no person shall serve for more than two (2) consecutive terms: Provided, further, That in case of a vacancy, the new appointee shall fully meet the qualifications of a Commissioner and shall hold office for the unexpired portion of the term only: Provided, finally, That in no case shall a Commissioner be designated in a temporary or acting capacity. The Vice Chairperson and the Commissioners shall have the rank and privileges of a Department Secretary and Undersecretary, respectively. They shall be entitled to corresponding compensation and other emoluments and shall be subject to the same disqualifications. (Section 7, RA 9729)

Read more on the Climate Change Act of 2009 in our Recent Laws Page.

Law Spotlight: Anti-Sexual Harassment Act of 1995 (R.A. 7877)

abogadomo.com — Tue, 13 Oct 2009 04:51:42 +0000

Today we are featuring on our law spotlight the Anti-Sexual Harassment Act of 1995 (R.A. 7877). You can read a copy of the law in our Criminal Laws Page or you can visit our Anti-Sexual Harassment Page to get answers to Frequently Asked Questions and read decided cases on Sexual Harassment.

(2)Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;

(3)When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations; or

(4)When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.