Archive for the ‘Selected Legal Update’ Category.

New law to fight child pornography

On 17 November 2009, President Gloria Macapagal-Arroyo signed into law Republic Act No. 9775, also known as the “Anti-Child Pornography Act of 2009”.

The law makes it a criminal act to (a) employ or use a child to perform in child pornography, (b) create or produce any form of child pornography and child pornography materials, (c) offer, sell or promote child pornography or child pornography materials, (d) possess, download, reproduce or purchase them for sale or distribution, (e) publish, post, transmit, distribute, exhibit or broadcast any form of child pornography or child pornography materials, (c) knowingly view, access, obtain or possess even for personal use child pornography materials, or (d) attempt to commit child pornography by luring or grooming a child.

A child is defined as one who is below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.

The depiction of a child in child pornography or child pornography materials, regardless of age, or the child’s representation as such in digitally or manually crafted images, undeveloped films, videotapes, movies, drawing, cartoons, paintings, sculpture, audio, real time Internet communications, in written texts or materials, and similar means fall within the ambit of the penalties provided for by the law.

Under pain of imprisonment and/or fine, Internet service providers (ISPs) and Internet content hosts are required to prevent access or transmittal of child pornography materials and to preserve evidence for the purpose of investigation and prosecution by concerned authorities.

And with (a) Internet cafés, (b) private and public educational institutions, (c) public and private offices; and (d) service providers, such as telephone companies, are required to install blocking system or software to prevent transmittal of or access to child pornography materials.

The law also created an Inter-Agency Council Against Child Pornography.

You may also view the full text of the law  by clicking here.

Mandatory free legal aid service for practicing lawyers

On 10 February 2009, the Supreme Court En Banc approved in a Resolution the Rule on Mandatory Legal Aid Service for Practicing Lawyers (Bar Matter 2012).

The rule, which shall take effect on 1 July 2009, shall govern the mandatory requirement for practicing lawyers to render free legal aid services in all cases (whether, civil, criminal or administrative) involving indigent and pauper litigants where the assistance of a lawyer is needed. It shall also govern the duty of other members of the legal profession to support the legal aid program of the Integrated Bar of the Philippines.

For details and to view the complete text of Bar Matter 2012, click here.

MCLE certificate required in pleadings

On 3 June 2008, the Supreme Court promulgated a resolution in Bar Matter 1922 requiring all lawyers to indicate the number and date of issue of their MCLE certificate of compliance or exemption in pleadings (as well as motions) filed in courts and quasi-judicial bodies. MCLE stands for the Mandatory Continuing Legal Education program of the Supreme Court for the members of the Philippine legal profession.

Failure to disclose may result in the dismissal of the case and the expunction of the pleadings from the records.

The full text of the resolution, which becomes effective sixty days following its publication (or on 24 August 2008), may be viewed HERE.

Rights of residential lessees

Under the Rent Control Act of 2005 (R. A. 9341 – approved: 21 December 2005), lessees of residential units who pay a monthly rentral of not more than P10,000 (in highly urbanized cities) and P5,000 (in other areas) [Sec. 11] enjoy the following: (a) non-increase of rentals beyond 10% [Sec. 3]; (b) non-ejectment for unpaid rentals unless the total arrears amount to at least three (3) months [Sec. 7 (b)]; (c) right of first preference to lease the premises after vacating the same for purposes of repairs ordered by authorities [Sec. 7 (d)]; and (d) non-ejectment by reason of mortgaged or sale of the leased premises [Sec. 8].

If the property is to be vacated by the lessee for the use of immediate family members, the following conditions must be complied: (i) lease contract has expired; (ii) formal notice to vacate of at least three (3) months in advance; and, (iii) prohibition to lease the same property to a third party for a period of one year from the time lessee vacates the premises [Sec. 7 (c)].

Violations of the law carry a criminal penalty of fine of between P5,000 to 15,000 or imprisonment of not more than six (6) months [Sec. 12].

NOTE: The law expired on 31 December 2008 and deliberations whether to extend it or not are still pending in Congress.