Dabu & Associates Law Office

Law Tip 101: Due Diligence in Buying a Property

A lot of land disputes arise from false representations made by the seller. So as a buyer, before closing the deal and before releasing your hard-earned money, you should also conduct due diligence. Checking the title and the property itself are just two of the things you can include and do in your due diligence list.

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Submission of Official and Alternate E-mail Addresses and Cellular Phone Numbers to the SEC

Per Securities and Exchange Commission (SEC) Memorandum Circular No. 28, series of 2020, all corporations, partnerships, associations and individuals registered with the SEC must designate and/or create its official and alternate e-mail addresses and cellular phone numbers and submit the said information to the SEC within 60 days from effectivity thereof.

The said e-mail addresses and phone numbers will be used by the SEC in sending notices, letters, correspondence and other documents to the registered entity and vice versa.

Section 10 of the said circular provides that multi-factor authentication system will be used by the SEC for every transmittal.

For full text of the circular, please click here.

Law Tip 101: Don’t Sign A Contract Unless You Agree To The Terms

Always read provision in a written contract. If you don’t agree with a provision, negotiate with the other party. Once you sign it or comply, in whole or in part, with it, you are bound by the contract and all its effects and consequences. So don’t sign until you agree with all the provisions in it. Best to consult with your lawyer to review and/or revise the same to protect your interests.

#contracts #writtencontract #law101 #civilcodeofthephilippines #law

BIR EXTENDS REGISTRATION FOR ONLINE SELLERS

The Bureau of Internal Revenue issued Revenue Memorandum Circular No. 75-2020 last 29 July 2020 giving online sellers until 31 August 2020 within which to register their business activity and/or updates without penalty. The same memorandum circular also allowed online sellers to voluntarily declare their past transactions subject to pertinent taxes and pay the taxes due thereon on or before 31 August 2020 without penalty for late filing and payment. You may read the full text of RMC No. 75-2020 here.

A married Filipina does not need to change surname.

It’s customary in the Philippines and, perhaps, anywhere in the world, for a married woman to use her husband’s surname. In fact, when a woman gets married, the people who know her already assumes that her surname is now that of her husband’s. Nowadays, however, there are already a lot of women who decided to keep their maiden name. Unfortunately, some husbands get offended when the wife chose to keep her maiden surname. We hope that we can enlighten both men and women here.

When a Filipino woman gets married, she has four options under Article 370 of the Civil Code of the Philippines. Let’s suppose that Jane E. Dela Cruz is married to John F. Cruz. Jane may use:

1. Her maiden first name and surname and add her husband’s name (Ex: Jane E. Dela Cruz-Cruz).

2. Her maiden first name and her husband’s surname (Ex: Jane D.C. Cruz).

3. Her husband’s full name but prefixing a word indicating that she is his wife, such as “Mrs.” (Ex: Mrs. John F. Cruz).

4. Her maiden name (Ex: Jane E. Dela Cruz). This last option is not indicated in the cited provision. The use of the word “may”, however, indicates that she may choose to keep her maiden surname.

In the 2010 case of Maria Virginia V. Remo v. The Honorable Secretary of Foreign Affairs, the Supreme Court cited its decision in the case of Yasin v. Honorable Judge of Shari’a District Court (1995) where it was explained that the law gives a married woman the rights to use her husband’s surname without need of a judicial decree and to revert to the use of her maiden name when the marriage ties no longer exists by virtue of death of husband, annulment or nullity of marriage because when a woman marries, she only changes her status.

Therefore, the use of the husband’s surname is merely an indication to the world of her marital status and not a change of her name or identity.

Will the use of her maiden name despite marriage lose her marital status? No, it does not unless the husband dies or the marriage gets annulled or nullified by the court. The Certificate of Marriage is enough proof of her marital status.

We hope we have enlightened everyone (both men and women) on this matter.

⚠️ SCAM ALERT # 1: False/Misleading Information on Annulment/Nullity of Marriage.

Beware of posts advertising a supposed “no appearance” and “very fast” annulment of marriage or declaration of nullity of marriage cases. Part of the claim is that not only is the supposed attorney’s fees low/cheap/afforable but also it’s very fast. THESE ARE NOT TRUE AND ILLEGAL. The supposed judgment/decision you will have is a VOID (in layman’s term – FAKE) decision and has no legal effect. Therefore, you will have to go through with the process again (this time, the legitimate one) and spend time and money again. Not to mention, going over the pains of the marriage that ended all over again. Don’t waste your hard-earned money on a fake decision.

Therefore, consult and engage a legitimate, honest, and trustworthy lawyer who will advice you to follow the rules. The Supreme Court is continuously innovating the rules to better serve the public in the disposition of their cases. Trust in the legitimate process.

Court decisions are not for sale. Justice is not for sale.

Operations During the General Community Quarantine

In compliance with government regulations, we’re continuously operating at a limited capacity. For inquiries and appointments, you may e-mail us at info@dabulaw.net or legal@dabulaw.com or by simply filling up the form in the Contact Us portion of our site.

For everyone’s safety, all client consultations are done by video conferencing, tele-conferencing or by e-mail.

Keep safe and healthy!

COVID-19 TESTING OF RETURNING EMPLOYEES NOT MANDATORY

UPDATED as of 20 May 2020:

On 15 May 2020, the Inter-Agency Task Force (“IATF”) for the Management of Emerging Infectious Diseases issued the Omnibus Guidelines on the Implementation of Community Quarantine in the Philippines (“Omnibus Guidelines”). The Omnibus Guidelines provided for the rules to be followed per community quarantine category. It also enumerates the list of industries allowed to operate per community quarantine category and up to what capacity are these industries allowed to operate.

Section 8, paragraph 4 of the Omnibus Guidelines states that in no case shall the testing of all returning workers be construed as a condition precedent for his/her return. The same provision states that it is enough that the Joint DTI-DOLE Return-to-Work Guidelines and DOH Return-to-Work Guidelines are complied with.

Under Section 7 of the Joint DTI-DOLE Return-to-Work Guidelines, employers are not mandated to have their employees tested for COVID-19. They are, however, given the prerogative to do so. Should the employer opt to have the employees tested for COVID-19, DOH protocols should be followed.

The DOH Return-to-Work Guidelines (Department Memorandum 2020-0220) does not also mandate the testing of returning employees. However, under item III(C) of the DOH guidelines, returning employees shall be screened for COVID-19 symptoms, including travel history or exposure within the last 14 days. This screening should be done daily. Returning employees who are symptomatic and with relevant history/exposure on the date of resumption of work shall not be allowed to work and must consult with their primary care provider. Those who were symptomatic and with relevant history/exposure within the last 14 days prior to resumption of work must present Certificate of Quarantine Completion issued by the step-down care facility or local health office, whichever is applicable. Employees who are asymptomatic within the last 14 days prior to resumption of work may be allowed to work.

Moreover, paragraph 2, Item III(D) of the said DOH guidelines provides that employers who opted to test asymptomatic returning employees may do so in a representative sample of those who have returned to work and have a high risk of contracting the virus. Testing may be done either through RT-PCR or through FDA-approved rapid antibody tests up to every 14 days.

For copies of the IATF Omnibus Guidelines dated 15 May 2020, Joint DTI-DOLE Return-to-Work Guidelines, DOH Return-to-Work Guidelines and DOH Memorandum 2020-0180, please click here.

Advisory

While our office is allowed to partially operate during the Modified Enhanced Community Quarantine, we have not resumed our operations yet as we are still coordinating with the Property Administrator of the building where our office is located. In the meantime, you may send us your concerns here.