Recently enacted laws

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1. Political Law Republic Act No. 10656 - An Act Postponing the Sangguniang Kabataan Elections to the Last Monday of October 2016, Amending for the Purpose Republic Act No. 9164, as Amended, Entitled “An Act Providing for Synchronized Barangay and Sangguniang Kabataan Elections, Amending Republic Act No. 7160, as Amended, Otherwise Known As The 'Local Government Code Of 1991’, and for Other Purposes” – Approved on March 25, 2105 The SK elections were initially set for October 28, 2013 before Congress reset it to February 21, 2015. RA No. 10656 postponed the Sangguniang Kabataan elections to the last Monday of October 2016. The postponement will enable both Houses of Congress to adequately discuss much needed reforms towards a more responsive SK, and which are appropriate amendments to applicable provision of the Local Government Code. It is said that the poll postponement will allow the Commission on Elections to focus and fully prepare for the 2016 national and local elections in May 2016. This is under Political law because it deals with the Election Law. Republic Act No. 10609 - An Act Protecting the Right of Students Enrolled in Courses Requiring Professional Licensing Examinations to Enroll in Review Centers of their Choice and Providing Penalties for Violations Thereof - Approved on August 23, 2013 This Act shall be known as the “Protection of Students’ Right to Enroll in Review Centers Act of 2013”. The objective of this law is to ensure the protection of students against possible abuses by Higher Educational Institutions (HEIs) in relation to the right of students to choose their review centers. The law provided a penalty of prision correccional or imprisonment from six (6) months and one (1) day to six (6) years and a fine of Seven hundred fifty thousand pesos (P750,000.00) to the HEI official or employee, including deans, coordinators, advisers, professors and other concerned individuals found guilty of violating any of the unlawful acts enumerated therein. Enumerating the unlawful acts and providing a penalty therefor, this law is indeed a Criminal Law, but since it also promotes and protects

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Transcript of Recently enacted laws

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1. Political Law

Republic Act No. 10656 - An Act Postponing the Sangguniang Kabataan Elections to the Last Monday of October 2016, Amending for the Purpose Republic Act No. 9164, as Amended, Entitled “An Act Providing for Synchronized Barangay and Sangguniang Kabataan Elections, Amending Republic Act No. 7160, as Amended, Otherwise Known As The 'Local Government Code Of 1991’, and for Other Purposes” – Approved on March 25, 2105

The SK elections were initially set for October 28, 2013 before Congress reset it to February 21, 2015. RA No. 10656 postponed the Sangguniang Kabataan elections to the last Monday of October 2016. The postponement will enable both Houses of Congress to adequately discuss much needed reforms towards a more responsive SK, and which are appropriate amendments to applicable provision of the Local Government Code. It is said that the poll postponement will allow the Commission on Elections to focus and fully prepare for the 2016 national and local elections in May 2016.

This is under Political law because it deals with the Election Law.

Republic Act No. 10609 - An Act Protecting the Right of Students Enrolled in Courses Requiring Professional Licensing Examinations to Enroll in Review Centers of their Choice and Providing Penalties for Violations Thereof - Approved on August 23, 2013

This Act shall be known as the “Protection of Students’ Right to Enroll in Review Centers Act of 2013”. The objective of this law is to ensure the protection of students against possible abuses by Higher Educational Institutions (HEIs) in relation to the right of students to choose their review centers. The law provided a penalty of prision correccional or imprisonment from six (6) months and one (1) day to six (6) years and a fine of Seven hundred fifty thousand pesos (P750,000.00) to the HEI official or employee, including deans, coordinators, advisers, professors and other concerned individuals found guilty of violating any of the unlawful acts enumerated therein.

Enumerating the unlawful acts and providing a penalty therefor, this law is indeed a Criminal Law, but since it also promotes and protects the right to education as enshrined in the Philippine Constitution this is also a Political Law.

2. Labor Law

Republic Act No. 10524 - An Act Expanding the Positions Reserved for Persons With Disability (PWD), Amending for the Purpose Republic Act No. 7277,as Amended, Otherwise Known as The Magna Carta For Persons With Disability – Approved on April 23, 2013

In RA 7277, only five percent (5%) of casual emergency and contractual positions in the Departments of Social Welfare and Development; Health; Education, Culture and Sports; and other government agencies, offices or corporations engaged in social development were reserved for disabled persons. Now, at least one percent (1%) of all positions in all government agencies, offices or corporal ions shall be reserved for persons with disability: Provided, that private corporations with more than one hundred

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(100) employees are encouraged to reserve at least one percent (1%) of all positions for persons with disability. This law was signed to give equal opportunity for employment for PWDs.

This law is a Labor law because it governs the rights of the PWDs and obligations of the employers to reserved positions for qualified disabled persons.

Republic Act No. 10396 - An Act Strengthening Conciliation-Mediation as a Voluntary Mode of Dispute Settlement for All Labor Cases, amending for this Purpose Article 228 of Presidential Decree No. 442, as Amended, Otherwise Known as the “Labor Code of the Philippines” – Approved on March 14, 2013

R.A. 10396 provides that all issues arising from labor and employment shall be subject to mandatory conciliation-mediation. Only cases and complaints that are not resolved at the mandatory conciliation-mediation stage will be elevated to compulsory arbitration, or to the appropriate DOLE office, upon endorsement by the duly authorized officer. The act also provides that any or both parties involved in the dispute may pre-terminate the conciliation-mediation proceedings and request referral or endorsement to the appropriate DOLE agency or office. Both parties may also agree to refer the unresolved issues to voluntary arbitration. The law complements the Labor Management Committees or Councils and the grievance machineries at the work place. It was signed to boost industrial peace and workplace harmony.

This is an amendment of the Labor Code so this act is a Labor Law.

3. Civil Law

Republic Act No. 10572 - An Act Establishing the Liability of the Absolute Community or Conjugal Partnership for an Obligation of a Spouse Who Practices a Profession and the Capability of Either Spouse to Dispose of an Exclusive Property Without the Consent of the Other Spouse, Amending for the Purpose Articles 73 And 111 of Executive Order No. 209, Also Known as The Family Code of the Philippines - Approved on May 24, 2013

RA 10572 amends Articles 73 and 111 of the Family Code to designate the courts to determine the basis for any objection between spouses in exercising any legitimate occupation, business or activity and to discern whether any benefit from this exercise should accrue against community property or separate property; and allow either spouse to mortgage, encumber, alienate or otherwise dispose of his or her exclusive property. The spouse does not need the consent of her partner in practicing a legitimate occupation or profession, but in cases of disagreement, the court can step in and decide if there is basis to the objection of the spouse. Now, if the family benefits from the proceeds of that occupation or profession that is being objected to, then they can charge the benefit to the community property. If the spouse did not object but benefited first then objected later, then it should be charged to the separate property of the spouse.

Such amendment in the Family Code settled this act as a Civil Law.

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4. Taxation Law

Republic Act No. 10653 - An Act Adjusting the 13th Month Pay and Other Benefits Ceiling Excluded from the Computation of Gross Income for Purposes of Income Taxation, Amending for the Purpose Section 32(B), Chapter VI of the National Internal Revenue Code of 1997, As Amended – Approved on February 12, 2015

This measure raised the tax exemption ceiling on bonuses to P82,000 from P30,000. The amount of P82,000 shall apply to the 13th month pay and other benefits paid or accrued beginning January 1, 2015. The newly enacted law has provided for the automatic adjustment of the ceiling every three years, taking into account inflation, to ensure that the tax ceiling won't be left unchanged again for more than two decades. This is projected to benefit taxpayers from low to middle incomes who have not had any reprieve from the burdensome taxes imposed on their earnings.

This is a law on Taxation for the reason that it provided the maximum amount of deduction in the gross income for the purpose of computing the tax on pure compensation income.

Republic Act No. 10378 - An Act Recognizing the Principle of Reciprocity as Basis for the Grant of Income Tax Exemptions to International Carriers and Rationalizing Other Taxes Imposed Thereon by Amending Sections 28(A)(3)(A), 109, 118 And 236 of The National Internal Revenue Code (NIRC), as Amended, and for Other Purposes – Approved on March 7, 2013

Republic Act No. 10378, otherwise known as the Common Carrier’s Tax (CCT) Act, exempts foreign carriers – both air and sea – from paying the 3% CCT. It also lifts the 2.5% Gross Philippine Billings Tax (GPBT) from foreign airlines and sea carriers and exempts them from the 12% Value-Added Tax (VAT) imposed on seat sales. International carriers may now avail of preferential rates or exemption from income tax on their gross revenues derived from the carriage of persons and their excess baggage based on the principle of reciprocity or an applicable tax treaty or international agreement to which the Philippines is a signatory. The policy behind the rationalization of taxes on international carriers is to improve the competitiveness of the Philippine tourism industry by encouraging more international carriers to maintain flight and shipping operations in the country and by the eventual reduction of international plane and ship fares. These are intended to facilitate the movement of goods and services and to attract more foreign tourists and investments.

This Act discusses exemption of taxes so it is a Taxation Law.

5. Mercantile Law

Republic Act No. 10668 - An Act Allowing Foreign Vessels to Transport and Co-Load Foreign Cargoes for Domestic Transshipment and for Other Purposes – Approved on July 21, 2015

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The Foreign Ships Co-Loading Act allows foreign shipping lines to dock at multiple Philippine ports and co-load import and export cargoes cleared by the Bureau of Customs. This act will pave the way for lower production and logistics costs for Filipino producers and entrepreneurs, create a more efficient import and export system, and lead to lower prices for consumers by allowing importers and exporters to co-load in foreign ships going in or out of Philippine jurisdiction. It will also help decongest major ports in the country. A foreign vessel arriving from a foreign port will be allowed to carry loaded and empty foreign containers or bulk and breakbulk cargo to its domestic port of final destination after being cleared at its port of entry. Under previous rules, a foreign shipping lines will have to transfer its shipments to Philippine-registered carriers for final delivery to local ports to comply with the country’s cabotage policy.

This law is a Mercantile Law because it discusses laws on transportation of goods.

Republic Act No. 10623 - An Act Amending Certain Provisions of Republic Act No. 7581, Entitled “An Act Providing Protection to Consumers by Stabilizing the Prices of Basic Necessities and Prime Commodities and by Prescribing Measures Against Undue Price Increases During Emergency Situations and Like Occasions” and for Other Purposes – Approved on September 6, 2013

This was signed into law, amending the Price Act, to protect consumers against undue price hike during calamities and emergency situations. The law expands the list of basic necessities, which now includes locally manufactured instant noodles and bottled water in the list of basic necessities to protect consumers against undue price increases. The prevalent consumption of instant noodles and bottled water has placed these goods in the ranks of basic necessities such as rice, corn, root crops, bread, fresh, dried or canned fish and other marine products, fresh pork, beef and poultry meat, fresh eggs, fresh and processed milk, fresh vegetables and fruits, coffee, sugar, cooking oil, salt, laundry soap and detergents, firewood, charcoal, household liquefied petroleum gas (LPG) and kerosene, candles, drugs classified as essential by the Department of Health. The law mandates the creation of the Price Coordinating Council. Unless sooner lifted by the President, the price freeze on basic necessities will remain in effect for the duration of the condition that brought it about, but not for more than 60 days. For household LPG and kerosene, which are wholly imported and deregulated under the existing laws, the price control will "remain effective for not more than 15 days, taking into consideration the current inventory or supply levels."

Because this act deals with the stabilization of prices of goods and commodities then this is a Mercantile Law.

6. Criminal Law

Republic Act No. 10592 - An Act Amending Articles 29, 94, 97, 98 And 99 Of Act No. 3815, As Amended, Otherwise Known As The Revised Penal Code - Approved on May 29, 2013

This act modifies certain articles in Book 1 of the Code which provide definitions and directives that govern preventive imprisonment, special time allowances, and allowances for good conduct. Article 29 is the provision on the “Period of preventive imprisonment deducted from term of imprisonment”; Article

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94, on the “Partial extinction of criminal liability”; Article 97, on the “Allowance for good conduct”; Article 98, on the “Special time allowance for loyalty”; and Article 99, on “Who grants time allowances.” Under Article 29 of the RPC, an inmate is entitled to a deduction of 20 days for each month of good behavior. In the third to fifth year, he is entitled to a 23 days deduction for each month of good behavior, while a deduction of 25 days is available to those detained for six to 10 years. In the 11th and successive years, a deduction of 30 days for each month of good behavior is allowed. At any time during the period of imprisonment, he shall be allowed another deduction of 15 days for each month of study, teaching or mentoring service time rendered. It likewise amends the provision governing partial extinguishment of criminal liability by adding a clause allowing good conduct for prisoners undergoing preventive imprisonment as a means for such partial extinguishment.

Since it is an amendment in the Revised Penal Code then it is a Criminal Law.

7. Remedial Law

Republic Act No. 10172 - An Act Further Authorizing the City or Municipal Civil Registrar or the Consul General to Correct Clerical or Typographical Errors in the Day and Month in the Date of Birth or Sex of a Person Appearing in the Civil Register Without Need of a Judicial Order, Amending for This Purpose Republic Act Numbered Ninety Forty-Eight – Approved on August 15, 2012

Republic Act 10172 was enacted to make correction in certain entries in the civil registry faster and more affordable. Before, any error in the entry, whether clerical/typographical or substantial, will require a court decision before it can be amended, which entails court hearings and publication, making it too cumbersome and expensive for ordinary folks to correct errors in their birth certificates which were brought about by misspelled words or plain ordinary clerical errors. Only clerical and typographical errors in the day and month in the date of birth, or sex of a person may be corrected. This is in addition to Republic Act 9048 which allows change of first name and correction of other clerical errors. Other entries not indicated are presumably substantial and still need a court decision for correction. The correction must not involve a change in the nationality, age (year of birth) or legitimacy status of the petitioner/document owner.

Procedures on the correction of entries made in the civil registry is within the syllabus of Remedial Law.

Republic Act No. 10389 - An Act Institutionalizing Recognizance as a Mode of Granting the Release of an Indigent Person in Custody as an Accused in a Criminal Case and for Other Purposes

This Act shall be known as the “Recognizance Act of 2012”. It is intended to promote restorative justice amid problems confronting the criminal justice system such as protracted trials, prolonged resolution of cases, inability to post bail bond, and congestion in jails. The new law institutionalizes recognizance as the mode of granting the release of an indigent detainee to the custody of a qualified member of the barangay, city, or municipality where the person resides. Covered by the new law are poor detainees whose offense is not punishable by life imprisonment or death. The application for recognizance must be filed by the accused or any person on his behalf before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, and Municipal Circuit Trial Court. The court

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must also use its discretion to determine whether or not the accused is indigent. Among the requirements for recognizance are a sworn declaration by the person in custody of his incapacity to post bail, a certification issued by the head of the social welfare and development office of the municipality or city where the accused actually resides, that the accused is indigent, and the person in custody has been arraigned. An accused can be disqualified from availing recognizance if he has made untruthful statements on his affidavit and is a recidivist, habitual delinquent, or has committed a crime aggravated by the circumstance of reiteration. Other grounds for disqualification are escape from legal confinements, previous commission of a crime while on probation or parole, and presence of “great risk“ that the accused may commit another crime pending his trial. The court can also order the arrest of the person released on recognizance if he fails to appear in the trial and charged with another crime, among others.

The Recognizance Act is a Criminal Law and since it provided for the criminal procedures needed to be followed then it is also a Remedial Law.

8. Legal and Judicial Ethics