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“In the hearts of men, there lies the majesty of the law.” - JNS (the shibboleth I conceived for the use of my law firm, 28 February 2007)

Illegitimate children, as a general rule, shall use the surname and shall be under the parental authority of their mother. But pursuant to the ”Act Allowing Illegitimate Children to Use the Surname of their Father” (R. A. 9255 - approved: 24 February 2004), which amended Article 176 of the Family Code, illegitimate children may however use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. The father however has the right to institute an action before the regular courts to prove non-filiation during his lifetime.

PUBLISHED: ‘Note Verbale‘, Manila Times (Sunday-Career Section) - 21 January 2007 Issue

Who will not agree that there is no such thing as a perfect law?

It is not uncommon to see laws being used as a convenient tool for oppression.

It is understandable if governments use law to legitimately restrict individual liberties when they conflict with the general welfare. This assumes that it is permissible for the state to use its coercive powers presumably to promote the common good. But the same justification is also held by many autocrats who pretend to do it in the name of the people. And to complete the validity of state action, common good in many jurisdictions has assumed a new dimension, that is – the preference of economic interests over the worth of human dignity and freedom.

Laws are meant to be the harbinger of justice, in the same vein that it becomes the root of injustices. 

Racial discrimination for instance is abhorred by civilized societies. But even the United States which is known for being the bastion of democracy and freedom of the world justified racial prejudice for centuries through its racial segregation statutes. If not for the triumphant protests of civil rights movement in the early sixties, the inequalities would have been valid until today simply because the law allows it.

Some laws are good but they become meaningless because society takes them for granted.

In this country, who takes traffic laws or even the recent ‘Seat Belt Law’ (RA 8750) seriously? Despite the ‘Clean Air Act of 1999’ (RA 8749), there appears to be no significant improvement in the levels of pollution in Metro Manila before and after the passage of the law. The simplest explanation perhaps why they are taken for granted is inconvenience, both personal and economic.

Laws are always susceptible to various interpretations that jeopardize the consistency of their application.

The recent initiative of the House of Representatives to push charter amendments on its own is indicative of how the wordings of the law can be twisted to suit one’s interest. This predicament is obviously brought about by poor statutory craftsmanship. And this leads to a situation where favored individuals escaping from the majesty of the law while those who are not easily fall prey to it. But the more laws are put on the table of the courts for judicial determination speaks badly of the kind of lawmakers this country has.

Many laws are too complicated and complex for the understanding of the common man.

Yet, it is axiomatic that “Ignorance of the law excuses no one from compliance therewith”.  Just look at how complicated the country’s tax laws and yet every Filipino is expected to pay the correct taxes. This is the reason perhaps why law has always been, and will continue to be, a thriving profession, especially in these times where almost every human activity is within the ambit of the law.

Some laws are well-meant but in the process may also encourage lawlessness.

Take for instance the ‘Juvenile Justice and Welfare Act of 2006’ (RA 9344). Law practitioner Plaridel J. Bohol II pointed out that while the law laudably seeks to promote and protect the well-being of the youth, criminal elements of society may take advantage of the exemption from criminal responsibility accorded to children above 15 but below 18 years old who acted without discernment and those 15 years of age and below. He hopes that these children do not end up as runners for peddling of illegal drugs, as hit men of terrorist groups, or as a pack of thieves and robbers of crime syndicates.

The biggest pitfall of all perhaps is what Lao Tzu observed centuries ago: “The more prohibitions there are, the poorer the people will be. The more laws are promulgated, the more thieves and bandits there will be.”

“Law is the effort of humanity to create principles. So it’s difficult to find law that applies to every situation. Focus on principles!  Not cases! That’s what you need to look for.” - Harvard Law Prof. John H. Keynes (a character in the romantic 16-episode Korean drama television series, “Love Story in Harvard”, in a conversation with Harvard law student, Kim Hyun-Woo, in Episode 6)

“To correct a mistake is a beauty. To repeat the same mistake is a tragedy.” - Law Dean Jose Sundiang (in a casual conversation at the faculty room of Arellano School of Law, 26 August 2006)

“I may have the right to destroy my name but not my children’s name.” - Law Dean Jose Sundiang (in a conversation at the faculty room of Arellano Law School, 22 July 2006)  

THAT business entities or enterprises registered as ”Barangay Micro Business Enterprise”, or BMBE, under the “Barangay Micro Business Enterprises Act of 2002” (R. A. 9178 - approved: 13 November 2002) are entitled to the following incentives: (a) tax exempt from income arising from operations [Sec. 7]; (b) exemption from the payment of minimum wage [Sec. 8]; and (c) special credit window from some government financial institutions [Sec. 9].

To qualify as BMBE, the company must be engaged in the production, processing or manufacturing of products or commodities, including agro-processing, trading and services, and its total asset, including those arising from loans but exclusive of the land on which the particular business entity’s office, plant and equipment are situated, is not be more than Three Million Pesos (P3,000,000.00) [Sec. 3 (a)].

Food outlets, restaurants, and stores are required by the “An Act for Salt Iodization Nationwde (ASIN) Law” (R. A. 8172 - approved: 20 December 1995) to make available to customers only iodized salt in their establishment [Sec. 5 (c)]. A violation is punishable by a fine of not less than P1,000 nor more than P100,000, including a possible revocation of business permits and/or ban of its product from the market [Sec. 9].

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].