Persida Acosta Dear PAO, Dear Kitchie, “A married woman may use: (1) Her maiden first name and surname and add her husband’s surname, or (2) Her maiden first name and her husband’s surname, or (3) Her husband’s full name, but prefixing a word indicating that she is his wife, such as ‘Mrs.’ ”From the aforementioned law, it can be gleaned that married women are not obliged to carry their husband’s surname, contrary to what your co-worker told you. Rather, the law gives married women a number of choices as to what name and surname they would carry, as the term “may” was used in the aforementioned provision of the law. Furthermore, Republic Act 8239, otherwise known as the Philippine Passport Act, does not require married women to carry their husband’s surname. What the law only requires is for married women to present a copy of their certificate of marriage should she decide to adopt her husband’s surname. (Section … [Read more...] about Married woman may continue using maiden surname
Persida Acosta Dear PAO, Dear Enjey, Under the law, any person caught recording or attempting to record a copyrighted film may be penalized with jail time or a fine. Section 3 of the law provides:“Section 3. Acts Constituting Unauthorized Possession, Use and/or Control of Audiovisual Recording Devices. – It shall be unlawful for any person, at a time when copyright subsists in a cinematographic film or other audiovisual work or its soundtrack and without the authorization of the copyright owner or exclusive licensee thereof, to: (a) use or attempt to use an audiovisual recording device to transmit or make a copy of any performance in an exhibition facility of such cinematographic film or other audiovisual work or its soundtrack, or any part thereof;Based on the provision of law quoted above, the copying or recording of a copyrighted film, such as the film you were supposedly watching, is one of the acts strongly prohibited by the law. Thus, your act of taking a … [Read more...] about Is taking a selfie against the cinema screen a violation of the Anti-Camcording Act?
Persida Acosta Dear PAO, Dear Mico, Because the delivery of the OCT to you is by reason of a mortgage contract, it must be emphasized at the outset that you cannot just appropriate the things given to you as security right away. This much is clear from the prohibition under Article 2085 of the New Civil Code which provides, thus:“Article 2085: The creditor cannot appropriate the things given by way of pledge or mortgage or dispose of them. Any stipulation to the contrary is null and void.” This provision prohibits what is called Pactum Commissorium which is when the creditor is empowered to simply take over or appropriate a thing given by way of security. This was explained by the Supreme Court in the case of Spouses Edralin vs Philippine Veterans Bank (GR No. 168523, March 9, 2011, Ponente: Associate Justice Mariano Del Castillo), viz:“Pactum commissorium is ‘a stipulation empowering the creditor to appropriate the thing given as guaranty for the fulfillment … [Read more...] about Automatic appropriation not allowed by law
Persida Acosta Dear PAO,I am Che, an OFW writing from Portland, Oregon. I got married to James, a Filipino, in 2002 and we now have two kids. While I am here working, James is taking care of our two wonderful kids back home in Marikina City. Sadly, last year, I discovered from my relatives and friends that James had a love child with a woman prior to our marriage. In fact, his illegitimate child is older than our legitimate children. Although I know for a fact that James never got married (his CENOMAR was clear of any indication of a previous marriage), I want to have our marriage annulled because of his past sexual relations with a different woman. I cannot believe that I was deceived for so long, and I can’t take it anymore. What is the process for annulment in the Philippines? Thank you.Che Dear Che,“Art. 46. Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article: (1) Non-disclosure of a previous conviction by final … [Read more...] about Concealment of a love child no ground to annul a marriage
Persida Acosta Dear PAO, Dear Emilia, “No employer shall limit or otherwise interfere with the freedom of any employee to dispose of his wages. He shall not in any manner force, compel, or oblige his employees to purchase merchandise, commodities or other property from any other person, or otherwise make use of any store or services of such employer or any other person.”A similar rule is provided for under Republic Act (RA) 10361, otherwise known as the “Domestic Workers Act” or “Batas Kasambahay,” thereby affording security for household helpers or kasambahay. It is explicitly stated under Section 27 of RA 10361: “Section 27. Prohibition on Interference in the Disposal of Wages. – It shall be unlawful for the employer to interfere with the freedom of any domestic worker to dispose of the latter’s wages. The employer shall not force, compel or oblige the domestic worker to purchase merchandise, commodities or other … [Read more...] about Kasambahay may shoulder cost of phone calls, unless waived by employer