RA 10172 - Amended Clerical Error Law

AMENDED CLERICAL ERROR LAW

What is the law about?

RA 10172 amends RA 9048 by including errors in birth date and sex that can be corrected at the administrative level, instead of the courts. Because correction can be done at the Local Civil Registrar, the process is faster and cheaper.

Important Things to remember:

1. The law took effect on 3 September 2012 (15 days after it was published in the newspapers)

2. In addition to misspelled First Name, Nickname and Place of Birth, what else can be changed?

a. Day and Month in the date of birth;
b. Sex of a person

Provided that it is patently clear that there was a clerical or typographical error or mistake in the entry.

3. What CANNOT be changed?

a. Nationality
b. Age
c. Status

4. Requirements for correction of Day and/or Month:

a. Sworn Affidavit;
b. Certified Machine Copy of the Certificate containing the entry to be changed;
c. At least 2 public or private documents to support your claim;
d. Earliest School Record and/or Baptismal Record.

5. Requirements for correction of Sex:

a. Sworn Affidavit;
b. Certified Machine Copy of the Certificate containing the entry to be changed;
c. At least 2 public or private documents to support your claim;
d. Earliest School Record and/or Baptismal Record;
e. Certification issued by an accredited government physician attesting to the fact that claimant has NOT undergone a sex change or sex transplant.

Complete text of the law can be found at:
Official Gazette RA 10172

RA 9994 - Expanded Senior Citizens Act

EXPANDED SENIOR CITIZENS ACT OF 2010

What is it about?
RA 9994 amended the previous laws providing various benefits to senior citizens.

Important Things to remember:
1. The law took effect on 22 April 2010.

2. All Filipino residents who are 60 years old and above are entitled to the benefits and privileges granted by this law.

3. Senior citizens are entitled to the following:

  a. discount privileges

  b. free services

  c. exemptions

  d. incentives

  e. government financial assistance

  f. priority in express lanes

4. The discount privileges (mentioned in 3a above) include:

  a. 20% discount on the purchase of certain goods and services,

  b. special 5% discount on prime commodities and basic necessities,

  c. 5% utility discount on electric and water consumption, and

  d. 50% discount on electric, water and telephone consumption of senior citizens centers and residential or group homes.

5. The 20% discount (mentioned in 4a above) is applicable only to the following:

  a. the purchase of medicines, including the purchase of influenza and pneumococcal vaccines, and such other essential medical supplies, accessories and equipment;

  b. the professional fees of attending physician/s in all private hospitals, medical facilities, outpatient clinics and home health care services;

  c. the professional fees of licensed professional health workers providing home health care services as endorsed by private hospitals or employed through home health care employment agencies;

  d. medical and dental services, diagnostic and laboratory fees in all private hospitals, medical facilities, outpatient clinics, and home health care services, in accordance with the rules and regulations to be issued by the DOH, in coordination with the Philippine Health Insurance Corporation (PhilHealth);

  e. actual fare for land transportation travel in public utility buses (PUBs), public utility jeepneys (PUJs), taxis, Asian utility vehicles (AUVs), shuttle services and public railways, including Light Rail Transit (LRT), Mass Rail Transit (MRT) , and Philippine National Railways (PNR);

  f. actual transportation fare for domestic air transport services and sea shipping vessels and the like, based on the actual fare and advanced booking;

  g. the utilization of services in hotels and similar lodging establishments, restaurants and recreation centers;

  h. admission fees charged by theaters, cinema houses and concert halls, circuses, carnivals, and other similar places of culture, leisure and amusement; and

  i. funeral and burial services for the death of senior citizens;

6. A senior citizen must present an ORIGINAL AND VALID senior citizens identification card issued by the Office of Senior Citizens Affairs (OSCA) in the city or municipality where he/she resides.

7. Senior citizens are entitled to the following free medical benefits:

  a. medical and dental services, diagnostic and laboratory tests requested by the physician such as but not limited to X-rays, computerized tomography scans, and blood tests, including professional fees of attending doctors in all government hospitals, medical facilities, outpatient clinics, and home health care services.

  b. free pneumoccocal and influenza vaccine for indigent senior citizens.

8. Senior citizens are entitled to the following utility discounts:

  a. 50% discount on electric, water and telephone consumption on senior citizens centers and residential/group homes as a form of "institutional support"

  b. 5% discount on electric consumption not exceeding 100 kw/hrs and water consumption not exceeding 30 cubic meters for househols with senior citizens residing therein and under whose name the separate meters are registered.

9. There are two (2) new provisions in the law that will directly benefit senior citizens:

a) Monthly Social Pension of P500.00 to be given to indigent senior citizens;

b) Death Benefit Assistance of P2,000.00 to be given to the nearest surviving relative who cared for the deceased senior citizen until his/her death.

Complete text of the law can be found at:
Expanded Senior Citizens Act on LawPhil

RA 9457 - Special Program for the Employment of Students

AMENDED Special Program for the Employment of Students (SPES) Act

What is it about?

It entices employers to hire poor but deserving students during the summer by mandating the local government unit (LGU) to shoulder 40% of the wages.

Important Things to remember:
1.  To be eligible for the program, an employer has have at least 10 employees.

2. To be eligible for the program, an applicant must be a "poor but deserving student" aged 15 to 25 years old.

3. A "poor but deserving student" refers to a person whose parents' combined income does not exceed the annual regional poverty threshold level for a family of 6.

4. The Public Employment Service Office (PESO) of each LGU shall facilitate the application of students to the program.

5. 60% of the student's salary will be paid by the employer, while 40% will be paid by the LGU in the form of vouchers the student can use in his school.

6. Any person or school that refuses to honor the voucher shall be punished with imprisonment of up to 1 year and a fine of at least P10,000.00.

Complete text of the law can be found at:
Amended SPES Program

RA 10001: Reducing Taxes on Life Insurance Policies

REDUCING TAXES ON LIFE INSURANCE POLICIES

What is this law about?

This law reduced the tax on life insurance premiums from 5% to just 2%.

Important Things to remember:

1. The new rate applies to insurance policies issued starting January 2010.

2. The new rate also applies to existing insurance policies still with unpaid premiums.

3. The law also updated the rates for documentary stamp tax (DST) over insurance policies. They are:

If the amount of insurance does not exceed Php 100,000.00	Exempt
If the amount of insurance exceeds Php 100,000 but does not exceed Php 300,000	Php 10.00
If the amount of insurance exceeds Php 300,000.00 but does not exceed Php 500,000.00	Php 25.00
If the amount of insurance exceeds Php 500,000.00 but does not exceed Php 750,000.00	Php 50.00
If the amount of insurance exceeds Php 750,000.00 but does not exceed Php 1,000,000.00	Php 75.00
If the amount of insurance exceeds Php 1,000,000.00	Php 100.00

4. And by January 2015, no tax will be collected over life insurance premiums.

Complete text of the law can be found at:
RA 10001 found in the Official Gazette

RA 9995 - Anti-Photo and Video Voyeurism Act

photo downloaded from the internet

ANTI-PHOTO AND VIDEO VOYEURISM ACT

What is it about?

The law makes it a crime to take photos of a naked person without his or her consent, and also to record a video of people having sex without their consent.

Important Things to remember:
1.  Photo or Video Voyeurism means:

    a. the act of taking a photo or video of a person/s performing a sexual act or any similar activity without the latter's consent, under circumstances where such person/s has/have a reasonable expectation of privacy;

    b. capturing an image of the private area of a person/s without the latter's consent, under circumstances where such person/s has/have a reasonable expectation of privacy; or

    c.  the act of selling, copying, reproducing, broadcasting, sharing, showing or exhibiting the photo or video of such sexual act or similar activity through DVD, the internet, cellphones and similar means or devices without the written consent of the person/s involved, even though  consent to record or take the photo or video of the same was initially given.

2. A person is guilty of Photo or Video Voyeurism when there is:

    a. taking a photo or video of a person/s performing a sexual act or any similar activity or capturing an image of the private area of a person/s such as the naked or undergarment clad genitals, public area (?), buttocks or female breast without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy.

    b. copying or reproducing such photo or video of a sexual act or any similar activity for a fee or for free, even though consent to record was given initially.

    c. selling or distributing such photo or video of a sexual act, whether it be the original or a copy, even though consent to record was given initially.

    d. publishing or broadcasting, whether in print or broadcast media of such sexual act, even though consent to record was given initially.

    e. showing or exhibiting the photo or video of such sexual act through DVD, internet, cellphones and other similar means or device, even though consent to record was given initially.

3. If a person is found guilty of Photo or Video Voyeurism, he'll be looking at jail time of up to 7 years and a fine costing as much as P500,000.00!

Complete text of the law can be found at:
Anti-Photo and Video Voyeurism Act found in LawPhil

RA 10152 - Mandatory Basic Immunization for Infants and Children

Image from http://www.bodyofwealth.com/

MANDATORY INFANTS AND CHILDREN HEALTH IMMUNIZATION ACT

What is this law about?

 

All kids (from infant up to 5 years of age) can go to any government hospital or health center and get immunization for FREE.

Important Things to remember:

1. Mandatory Basic Immunization includes vaccines for the following diseases:

    a. Tuberculosis (TB)
    b. Diphtheria, tetanus and pertussis (DTP)
    c. Poliomyelitis
    d. Measles
    e. Mumps
    f. Rubella or German measles (collectively, MMR)
    g. Hepatitis-B
    h. H Influenza type B (HIB) 

2. The doctor, nurse or midwife who delivers the newborn has an obligation to inform the parents of the availability of free immunization.

Complete text of the law can be found at:

Republic Act 10152 in the Official Gazette

RA 9999 - Free Legal Assistance Act

Image downloaded from the internet

FREE LEGAL ASSISTANCE ACT

What is it about?

The law gives fiscal incentives to lawyers/law firms who provide free legal services to indigent or pauper litigants

Important Things to remember:

1. Legal Services refers to any activity which requires the application of law, legal procedure, knowledge, training and experiences which includes legal advice and counsel, and the preparation of instruments and contracts, including appearance before the administrative and quasi-judicial offices, bodies and tribunals, handling cases in court, and other similar services. (Sec. 3)

2. Indigent or Pauper Litigants are those:

a. Whose gross income do not exceed an amount double the monthly minimum wage (ex. monthly minimum wage is P8,500.00 x 2 = P17,000.00), AND

b. Who do not own real property with a fair market value of more than P300,000.00,

as stated in the case Algura vs. Naga City.

3. Lawyers/Law Firms are entitled to an allowable deduction from the gross income, the amount that could have been collected for the actual free legal services rendered or up to 10% of the gross income derived from the actual performance of the legal profession, whichever is lower.

Complete text of the law can be found at:
Free Legal Assistance Act on LawPhil