Sunday, July 03, 2011

Heirs and inheritance (Part 2): Legitimes, free portions, and intestate shares; determining the value of an heir’s share in the inheritance

1. The law that governs the issues on inheritance is the New Civil Code of the Philippines (NCC), not the Family Code..

2.Testate or testamentary succession” refers to situations where the person died leaving a last will. The person who executes a last will is called the “testator.”

The share in the inheritance is called “legitime” and is covered by Arts. 886-914, NCC.

The NCC provides for compulsory heirs” or certain people to whom the testator is obligated to give their legitimes.

In computing the legitimes, the remaining portion of the estate is called the “free portion.” The testator can give this portion to anyone.

3.Legal or intestate succession” refers to situations where the person died without a last will; the share in the inheritance is called “intestate share.” (There is no “free portion” in intestate succession.)

4. “Extrajudicial settlement of estate” is a voluntary agreement among the heirs partitioning the estate (free of debts), executed before a notary public, and published once a week for three weeks in a newspaper of general circulation.

5. A sole heir claiming the whole estate can file an “Affidavit of adjudication by sole heir” with the Register of Deeds (if real property is involved) or with the BIR.

Posted below is a comparative table of legitimes and intestate shares.

Surviving heirs

Legitime


Arts. 886-914, NCC

Intestate share




Illegitimate children

Surviving spouse
1/3

1/3

(Remaining 1/3 is free portion;
Art. 894, NCC)
1/2

1/2

Art. 998, NCC
Illegitimate children

Surviving spouse

Legitimate parents
1/4

1/8

1/2

(Art. 899, NCC; testator may
freely dispose of the remaining 1/8 of the estate.)
1/4

1/4

1/2

Art. 1000, NCC
Illegitimate children



Legitimate parents
1/4 (taken from free portion, Art. 896, NCC)

1/2 (Art. 889, NCC)
1/2

1/2

Art. 991, NCC
Legitimate parents

Surviving spouse
1/2

1/4 (taken from the free portion)

(Art. 893, NCC)
1/2

1/2


Art. 997, NCC
Illegitimate parents

Surviving spouse
1/4

1/4 (Art. 904,
NCC)
1/2

1/2

Arts. 993-994, NCC
Illegitimate children alone1/2 (divided by number of illegitimate children)

Remainder is free portion (Art. 901, NCC)
All (Art. 988, NCC)
Legitimate parents alone1/2; remaining half is free portion (Arts. 889 and 890, NCC)All (Art.
985-987, NCC
)
Illegitimate parents alone1/2 (Art. 903, NCC)All (Art. 993, NCC)
Surviving spouse alone1/2, 1/3, 1/2 (Art. 900, NCC)All (Art.
995, NCC
)
Legitimate children (or their descendants) alone1/2 (divided by the number of children)

Remaining half is free portion (Art. 888, NCC)
All (Art. 980, NCC)
One legitimate child (or descendant)

Surviving spouse
1/2


1/4

Remaining 1/4 is free portion (Art. 892, NCC)
1/2


1/2

(Art. 996, NCC)
Two or more legitimate children (or their descendants)



Surviving spouse
1/2 (divided by the number of children)



Equal to the share of one child

Remainder is free portion (Art. 892, NCC)
Consider spouse as 1 legitimate child and
divide estate by total number (Art. 996, NCC)
Legitimate child

Illegitimate child
1/2

1/2 of each legitimate child (Art. 176, Family Code)

Remainder is free portion (Art. 892, NCC)
Please read Article 176 of the Family Code: computing the legitimes of legitimate and illegitimate children; an illegitimate child gets one-half)
Surviving spouse





Brothers and sisters (nephews and nieces, in case of deceased siblings)
1/2 (remaining half is free portion; Art. 900, NCC)


Not entitled to anything since they are not compulsory heirs; testator may choose to give them something out of the free portion
1/2





1/2 (divided by the number of brothers
and sisters; nephews and nieces of deceased siblings divide among themselves
the share that should have gone to their parents) Art. 1001, NCC

Related posts:

Saturday, July 02, 2011

Heirs and inheritance (Part 1): If your spouse dies without a last will, who will inherit?

Definition of terms:

The New Civil Code of the Philippines (NCC), not the Family Code, governs the issues on inheritance.

Testate or testamentary succession” refers to situations where the person dies leaving a last will; the share in the inheritance is called “legitime.”

Legal or intestate succession” refers to situations where the person died without a last will; the share in the inheritance is called “intestate share.”

The person who dies and whose property is to be divided is called the “decedent.”

Related posts:

Situation A: You and your deceased spouse have children.

1. Only you and your children are entitled to inherit under Article 996 of the New Civil Code of the Philippines. Your deceased spouse’s siblings, parents, or grandparents are excluded.
Art. 996. If a widow or widower and legitimate children or descendants are left, the surviving spouse has in the succession the same share as that of each of the children.
If any or some of your children died before your spouse, their legitimate children will be entitled to inherit by right of representation.

(Read below the steps in computing the inheritance.)

2. If your deceased spouse has illegitimate children, they are entitled to inherit under Article 176 of the Family Code. Please read my post on “how to compute the share of an illegitimate child.”

Situation B: You and your deceased spouse have no children.

1. If your deceased spouse’s parents (either father or mother, or both) are still alive, then you and the parents will inherit under Article 997 of the New Civil Code of the Philippines.
Art. 997. When the widow or widower survives with legitimate parents or ascendants, the surviving spouse shall be entitled to one-half of the estate, and the legitimate parents or ascendants to the other half.
If your spouse’s parents are already dead but other “ascendants” (like grandparents or great-grandparents) are still alive, Article 997 will also apply. Your spouse’s siblings, if any, are not entitled to inherit.

2. If your deceased spouse has illegitimate children, then you and the illegitimate children will inherit under Article 998 of the New Civil Code of the Philippines.
Art. 998. If a widow or widower survives with illegitimate children, such widow or widower shall be entitled to one-half of the inheritance, and the illegitimate children or their descendants, whether legitimate or illegitimate, to the other half.
In simpler terms, you will get 50% of the inheritance while the illegitimate children will divide among themselves the other 50%.

Article 998 applies even if your deceased spouse, at the time of death, had parents or siblings. Only you and the illegitimate children are entitled to inherit. If the illegitimate children died before your spouse, then you and the illegitimate children’s descendants (by right of representation) will inherit.

3. If your deceased spouse has illegitimate children and “ascendants” (parents, grandparents, or great-grandparents), then you, the illegitimate children, and the ascendants will inherit under Article 1000 of the New Civil Code of the Philippines.
Art. 1000. If legitimate ascendants, the surviving spouse, and illegitimate children are left, the ascendants shall be entitled to one-half of the inheritance, and the other half shall be divided between the surviving spouse and the illegitimate children so that such widow or widower shall have one-fourth of the estate, and the illegitimate children the other fourth.
In simpler terms, you will get 25% of the inheritance; your spouse’s illegitimate children will also get 25%; and the ascendants will get 50%.

Your spouse’s siblings, if any, are not entitled to inherit.

4. If your deceased spouse has no ascendants (parents, grandparents, or great-grandparents) or illegitimate children, but has siblings, then you and the siblings will inherit under Article 1001 of the New Civil Code of the Philippines.
Art. 1001. Should brothers and sisters or their children survive with the widow or widower, the latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half.
In simpler terms, you will get 50% of the inheritance while the brothers and sisters will divide among themselves the other 50%.

The law does not distinguish between siblings of the full or half blood. If your deceased spouse’s father or mother had illegitimate children, these children cannot inherit from your spouse because of the “iron barrier” between the legitimate and illegitimate sides of the family.

If any of the siblings died before your spouse, then that sibling's legitimate children (meaning, your spouse’s nephews or nieces) will inherit by right of representation. These children will divide among themselves the share that should have gone to their parent (the deceased sibling).

5. If your deceased spouse has no illegitimate children, siblings, or ascendants (parents, grandparents, or great-grandparents), then you inherit everything.

Notes:

1. These articles do not apply if your marriage has been declared void, or you are the offending spouse in case of legal separation.

2. Steps in computing the inheritance:
Liquidating the community propertyLiquidating the conjugal partnership property
Art. 103. Upon the termination of the marriage by death, the community property shall be liquidated in the same proceeding for the settlement of the estate of the deceased.

If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the community property either judicially or extra-judicially within six months from the death of the deceased spouse. If upon the lapse of the six months period, no liquidation is made, any disposition or encumbrance involving the community property of the terminated marriage shall be void.

Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements, a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage.
Art. 130. Upon the termination of the marriage by death, the conjugal partnership property shall be liquidated in the same proceeding for the settlement of the estate of the deceased.

If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the conjugal partnership property either judicially or extra-judicially within six months from the death of the deceased spouse. If upon the lapse of the six-month period no liquidation is made, any disposition or encumbrance involving the conjugal partnership property of the terminated marriage shall be void.

Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements, a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage.
For example, you and your spouse have four children, and your spouse died leaving one million pesos in property.
  1. Your share in the community property or conjugal partnership property is 50% or five hundred thousand pesos.
  2. The remaining five hundred thousand pesos will be divided among the children, with you counted as one child.
  3. Five hundred thousand pesos divided by five: you and the children will receive one hundred thousand pesos each as inheritance.

Summing up your share (1) in the inheritance and (2) in the community property or conjugal partnership property, as the surviving spouse, you will get six hundred thousand pesos.

Friday, June 24, 2011

DepEd Order No. 88 s. 2010 (Revised Manual of Regulations for Private Schools in Basic Education): Plain English / Plain Language revisions

2010 deped revised manual regulations private schoolsNotes: (1) Please read my post “Plain English, Plain Language or Plain Writing for government offices and private companies in the Philippines.” (2) I conduct seminars for government offices or private companies that want to train their staff in Plain English. Please email me at gtgalacio@yahoo.com or text 0927-798-3138 for details. (3) For interactive grammar exercises, please visit my “Better English resources and exercises” website; I also have interactive quizzes on Plain English / Plain Language. (4) If the tables do not look right, try using Mozilla Firefox or Google Chrome. (5) These revisions are my own and are used only to illustrate Plain English principles. If there are conflicts between my revisions and the official DepEd Order, you must follow the Order.

The Department of Education issued the “2010 Revised Manual of Regulations for Private Schools in Basic Education” through DepEd Order No. 88 s. 2010. Posted below are my plain language revisions of this DepEd Order.

BeforeAfter
1. This Department hereby issues the enclosed “2010 Revised Manual of Regulations for Private Schools in Basic Education” (2010 Revised Manual for brevity) for the guidance and compliance of all concerned stakeholders in basic private education.1. We are issuing the enclosed “2010 Revised Manual of Regulations for Private Schools in Basic Education” (2010 Revised Manual for brevity) for the guidance and compliance of all stakeholders in basic private education.


Plain English / Plain Language revisions: Instead of “This Department,” I used “We” because it is clear from the letterhead and logo that it’s the DepEd issuing the Order.

I deleted “hereby” since it adds nothing and nothing is lost by deleting it. (Drafting Wills, Trusts, and Other Estate Planning Documents: A Style Manual, by Kevin D. Millard)

George Hathaway, chair of the State Bar of Michigan's Plain English Committee since 1983, says about avoiding “hereby”:
“Law students usually write well, but when they get into actual practice, they switch. A fine example is the word hereby. You would be amazed at how many law students know they should not use the word hereby when writing their brief for a legal writing class; when they get out into practice, however, there are 49 other types of documents, and in those 49 other documents, they usually use the word hereby.”
Paragraph 1 of the Order states that for brevity, the manual should be referred to as “2010 Revised Manual.” Yet, paragraph 4 inconsistently uses the complete title “2010 Revised Manual of Regulations for Private Schools in Basic Education.”

I deleted the modifier “concerned” since stakeholders, by definition, would be concerned.

BeforeAfter
2. Any part or provision of the enclosed 2010 Revised Manual, which may be held invalid or declared unconstitutional, shall not affect the effectivity and efficiency of operation and implementation of the remaining parts or provisions thereof.2. Any part or provision of the 2010 Revised Manual that may be held invalid or declared unconstitutional will not affect the validity of its other parts or provisions.



Plain English / Plain Language revisions: The expression “which may be held invalid or declared unconstitutional” (incorrectly) uses the relative pronoun “which” instead of “that.” In formal American English, “that” is used for restrictive clauses while “which” (surrounded by commas) is used for non-restrictive clauses. A clause is non-restrictive if it merely provides additional information and can be removed without changing the meaning. But in paragraph 2 of the Order, removing the “which” clause leads to this nonsensical statement:
“Any part or provision of the enclosed 2010 Revised Manual shall not affect the effectivity and efficiency of operation and implementation of the remaining parts or provisions thereof.”
In British English, there is no distinction between “that” and “which.” Most Filipinos, unaware of the difference between restrictive and non-restrictive clauses, use “which” instead of “that.” (I have also made this mistake on numerous occasions.) But to achieve precision in government communications, we must follow the American English distinction between the relative pronouns “that” and “which.” (Please read Jose Carillo’s English Forum article “Learning to use the relative pronouns confidently.”)

I used “will not” instead of “shall not.”

I used the single word “validity” instead of the wordy and pompous expression “effectivity and efficiency of operation and implementation.”

I deleted “thereof.”

BeforeAfter
3. Any existing Department Circulars, Orders, Memoranda, such as the 1992 Revised Manual of Regulations for Private Schools (8th edition) issued as DECS Order No. 92. s. 1992 dated August 10, 1992, or any parts thereof which are contrary to or inconsistent with any provision of the enclosed 2010 Revised Manual shall be deemed repealed or modified accordingly.3. The 2010 Revised Manual supersedes any contrary or inconsistent provisions of Department Circulars, Orders, Memoranda, such as DECS Order No. 92. s. 1992 dated August 10, 1992 (Revised Manual of Regulations for Private Schools, 8th edition).





Plain English / Plain Language revisions: I used the word “supersedes” instead of the phrase “repealed or modified.”

The Order incorrectly uses the word “deemed.” Bryan A. Garner, editor in chief of Black’s Law Dictionary, in his book on language and writing says that “the word deem should create a legal fiction, not state a truth.”

synthesis legal canadaIn “Synthesis: Legal Reading, Reasoning and Writing in Canada” (by Margaret Elizabeth McCallum, Christina L. Kunz, Deborah A. Schmedem), the authors recommend:

Avoid use of the term “to deem” as a substitute for “to think” or “to consider”. The word means “to treat [a thing] as being something that it is not, or possessing certain qualities it does not possess”. In this technical sense, “deem” is used in statutes to create a legal fiction; for example, a statute that requires applications to be originals signed by the applicant may provide that faxed applications will be deemed to be originals.

BeforeAfter
4. The enclosed 2010 Revised Manual of Regulations for Private Schools in Basic Education shall take effect beginning school year 2010-2011.4. The 2010 Revised Manual of Regulations will take effect beginning school year 2010-2011.



Plain English / Plain Language revisions: The word “enclosed” is used four times in this Order to modify the 2010 Revised Manual. After paragraph 1 where the word is first used, “enclosed” should no longer have been used. All references to the 2010 Revised Manual cannot possibly refer to any other manual. Yet, paragraph 4 inconsistently uses the complete title “2010 Revised Manual of Regulations for Private Schools in Basic Education.”

BeforeAfter
5. Immediate dissemination of and strict compliance with this Order is hereby directed.5. We direct all stakeholders to immediately disseminate and comply with this Order.

Plain English / Plain Language revisions:

“Immediate dissemination of and strict compliance with this Order is hereby directed” is boilerplate text written in the passive voice. I rewrote it using the active voice.



Related posts (Before and After revisions of selected government communications):

Tuesday, June 21, 2011

Pantawid Pasada Program guidelines (Plain English / Plain Language revisions)

Notes: (1) Please read my post “Plain English, Plain Language or Plain Writing for government offices and private companies in the Philippines.” (2) I conduct seminars for government offices or private companies that want to train their staff in Plain English. Please email me at gtgalacio@yahoo.com or text 0927-798-3138 for details. (3) For interactive grammar exercises, please visit my “Better English resources and exercises” website; I also have interactive quizzes on Plain English / Plain Language. (4) If the tables do not look right, try using Mozilla Firefox or Google Chrome. (5) These revisions are my own and are used only to illustrate Plain English principles. If there are conflicts between my revisions and the official DOE guidelines, you must follow the official guidelines.

BeforeAfter
GUIDELINES FOR CARD USE (GFCU) FOR THE PANTAWID PASADA PROGRAM (PPP)

PURPOSE: THE DEPARTMENT OF ENERGY (DOE) ISSUES THIS GFCU PURSUANT TO SECTION 16, RULE IV OF THE IMPLEMENTING RULES AND REGULATIONS OF EXECUTIVE ORDER NO. 32, SERIES OF 2011.

I. OWNERSHIP

The Pantawid Pasada Card (“CARD”) is the property of the Government of the Republic of the Philippines.

II. RESPONSIBILITIES OF THE BENEFICIARY

The BENEFICIARY’s use of the card shall be deemed his acceptance of the provisions of this GFCU. The BENEFICIARY shall take care of the CARD and shall ensure that the CARD is used in accordance with the GFCU.

III. CARD & LOAD VALIDITY

Unless voluntarily returned by the BENEFICIARY, earlier terminated by the DOE, reported lost to the DOE, or recalled by the DOE, the CARD shall be valid from May 2011 to May 2016. Any load of the CARD shall revert to the Government of the Republic of the Philippines if unused within six (6) months from the date of the last loading.

IV. USAGE

The CARD shall only be used for fuel purchases at petroleum retail outlets or gasoline stations displaying “PANTAWID PASADA CARD ACCEPTED HERE”. The CARD is transferrable. However, the CARD can only be used with the jeepney with the corresponding plate number as indicated in the CARD.

V. CARD-RELATED INFORMATION & ISSUES

The BENEFICIARY shall report to the DOE within twenty four (24) hours from the occurrence of any of the following: (a) loss of the CARD, (b) rejection of the CARD, and (c) other analogous situations. In case of LOSS, the BENEFICIARY can secure a replacement CARD upon submission of an affidavit of loss: Provided, however, that should the loss be due to the negligence or fault of the BENEFICIARY, the BENEFICIARY shall be answerable for the replacement costs. For all other cases, the BENEFICIARY can secure a replacement CARD only upon surrendering the CARD. For more information, connect with the DOE via:

Call : (02) 984-6381
Email : ptap@doe.gov.ph
Text Only:
Globe: 0917 556-0759; 0917 480-3488
Smart: 0947 392-5378
Sun: 0932 778-6494
Website: www.doe.gov.ph/pantawid

VI. AMENDMENTS

The DOE may, at any time and for whatever reason it may deem proper, amend, revise or modify this GFCU and such amendment shall be effective upon its publication in a newspaper of general circulation.

VII. RESTRICTIONS

The actual CARD must be presented prior to fuel purchase. Petroleum retail outlets or gasoline stations should only honor the CARD if used for the vehicle bearing the plate number indicated in the CARD. The load of the CARD shall be voided should the CARDS be tampered with.

VIII. OTHER TERMS AND CONDITIONS

The DOE reserves the right to terminate the use and privileges of the CARD at any time and for whatever reason. Likewise, the DOE can cause the surrender of the CARD without need of prior notice and the BENEFICIARY agrees to surrender the CARD upon demand to any authorized DOE representative. The BENEFICIARY agrees to hold Government of the Republic of the Philippines and/ or the DOE free and harmless from any claim for damages arising from such termination.
Guidelines for beneficiaries in using the Pantawid Pasada Program (PPP) Card Purpose:

The Department of Energy (DOE) issues these guidelines under Section 16, Rule IV of the Implementing Rules and regulations of Executive Order No. 32, Series of 2011.

I. Ownership of the Card

The Pantawid Pasada Card (“Card”) is the property of the Government of the Republic of the Philippines.

II. Your responsibilities as PPP beneficiary

If you use this Card, you are bound by these guidelines. You must take care of this Card and use it according to these guidelines.

III. Card and load validity

The Card is valid from May 2011 to May 2016 unless:
  • you voluntarily return it; or
  • you report its loss to the DOE; or
  • the DOE terminates the Card at an earlier date; or
  • the DOE recalls the Card.
If you do not use the Card within six months from the date you last loaded it, any remaining load will go back to the Government of the Republic of the Philippines.

IV. How to use the Card

You can only use the Card to purchase fuel at petroleum retail outlets or gasoline stations displaying “PANTAWID PASADA CARD ACCEPTED HERE”.

The Card is transferable to another driver. But it can only be used with the jeepney whose plate number is marked in the Card.

V. Card-related information and issues

You must report to the DOE within twenty four hours any of the following:
  • you lost the Card;
  • petroleum retail outlets or gasoline stations reject the Card; or
  • other similar situations
If you lose your Card, you can get a replacement after filing an affidavit of loss. If the loss is due to your negligence or fault, you must pay the costs of the replacement.

For all other cases, you can get a replacement only when you surrender the Card.

For more information, connect with the DOE via:

Call : (02) 984-6381
Email : ptap@doe.gov.ph
Text Only:
Globe: 0917 556-0759; 0917 480-3488
Smart: 0947 392-5378
Sun: 0932 778-6494
Website: www.doe.gov.ph/pantawid

VI. Amendments

The DOE may amend, revise or modify these guidelines. The changes in the guidelines become effective upon their publication in a newspaper.

VI. Restrictions

You must present the Card before buying fuel.

Petroleum retail outlets or gasoline stations will honor the Card only if it’s used for the vehicle bearing the plate number marked in the Card.

The load of the Card shall be voided if it’s tampered with.

VIII. Other terms and conditions

The DOE can terminate the use and privileges of the Card at any time and for any reason. It can demand, without prior notice, that you surrender the Card to any authorized DOE representative.

You agree not to sue the Government of the Republic of the Philippines or the DOE if it terminates the Card.






Plain English / Plain Language revisions:
I turned the headings which were in all capital letters to caps and lower case, and highlighted them instead by boldfacing.

I used the pronoun “you” to directly address the user (called the “Beneficiary” in the official guidelines).

I used the simpler word “under” to replace the legalese “pursuant to.”

I used bulleted lists for clarity.

I used “But” instead of “However.” The original sentence is “However, the CARD can only be used with the jeepney with the corresponding plate number as indicated in the CARD.” I edited it into “But it can only be used with the jeepney whose plate number is marked in the Card.”

I could have used the pronoun “we” instead of the initials DOE but I left them as they are.

Using all capital letters makes the headings and terms difficult to read. Bryan Garner, editor in chief of Black’s Law Dictionary, points out, “the effect of using all caps is to make the text harder to read and understand.” (Michigan Bar Journal, March 2010). Garner suggests using boldface or putting the text in a box.

Using all caps also leads to typographical errors since the spell check tool of some word processing programs doesn’t work with text in all caps.

Most people think that formatting in all caps makes a text conspicuous. But the US 9th Circuit Court of Appeals in its 2002 ruling in Darlene M. Bassett vs. American General Finance, Inc. (285 F.3d 882) debunked this claim about conspicuousness and the use of all caps:
[1] The BAP was troubled that the right-to-rescind statement is in lower case, but there is nothing magical about capitals. True, the UCC specifies that “[a] printed heading in capitals” is normally conspicuous. U.C.C. § 1 201(10) (emphasis added). This has given rise to the canard that all language in capitals is automatically conspicuous, and the fallacy that language not in capitals isn't conspicuous.

[2] The use of capitals as a talisman of conspicuousness has survived intact despite decades of improved literacy and technology. Even some web page “click-through” agreements have clauses written in capitals, though there are better ways of making text stand out in a web browser window. (Specht v. Netscape Communications Corp)

[3] Lawyers who think their caps lock keys are instant “make conspicuous” buttons are deluded. In determining whether a term is conspicuous, we look at more than formatting. A term that appears in capitals can still be inconspicuous if it is hidden on the back of a contract in small type. (Sierra Diesel, 890 F.2d at 114)

[4] Terms that are in capitals but also appear in hard-to-read type may flunk the conspicuousness test. (Lupa v. Jock’s)

[5] A sentence in capitals, buried deep within a long paragraph in capitals will probably not be deemed conspicuous. Formatting does matter, but conspicuousness ultimately turns on the likelihood that a reasonable person would actually see a term in an agreement. Thus, it is entirely possible for text to be conspicuous without being in capitals.

Related posts (Before and After revisions of selected government communications):

Saturday, May 21, 2011

Small Claims Cases: Someone owes you money but refuses to pay?



Updates as of March 2019:

A.M. No. 08-8-7-SC: The 2016 Revised Rules of Procedure for Small Claims Cases Effective February 1, 2016

SC hikes coverage for small claims cases to P400-K (PNA, February 27, 2019)
That’s bad news. The good news is, you do not need to get a lawyer to file a collection case for you, thanks to the “Small Claims Cases” project of the Supreme Court.

The “Small Claims Cases” is a special procedure where money claims below a specified amount are heard. The process is quick and inexpensive; the procedure is simple and informal. No lawyers are allowed. Forms for the complaint and the defendant’s answer are freely available, in English and Filipino. The hearing and the judge’s decision are completed in one day.

For more information, please browse the following PDFs:

1. Frequently-asked questions on the 2016 Revised Rules of Procedure for Small Claims Cases

2. Statement of Claim

3. Response

4. Motion for Execution

Relevant videos by Atty. Jeremiah Belgica

Small Claims Court, Demand



Utang at Interes

Thursday, April 28, 2011

DSWD Travel Clearance for Minors (Plain English / Plain Language revisions)

Notes: (1) Please read my post “Plain English, Plain Language or Plain Writing for government offices and private companies in the Philippines.” (2) I conduct seminars for government offices or private companies that want to train their staff in Plain English. Please email me at gtgalacio@yahoo.com or text 0927-798-3138 for details. (3) For interactive grammar exercises, please visit my “Better English resources and exercises” website; I also have interactive quizzes on Plain English / Plain Language. (4) If the tables do not look right, try using Mozilla Firefox or Google Chrome. (5) These revisions are my own and are used only to illustrate Plain English principles. If there are conflicts between my revisions and the official DSWD guidelines on travel clearance for minors, you must follow the official guidelines.

DSWD Travel Clearance for Minors (Plain English revision)
Note: The pronouns “you” and “I” refer to the parent, legal guardian or person (other than the minor) applying for the minor’s travel clearance.

Travel Clearance for Minors

A travel clearance is a document issued to a Filipino child (below 18 years of age) traveling abroad alone or with someone other than the child’s parents.
When does my minor child need a travel clearance?
Your minor child needs a travel clearance when:
  • traveling alone to a foreign country; or
  • traveling to a foreign country accompanied by a person other than you.
When does my minor child not need a travel clearance?
Your minor child does not need a travel clearance when:

1. Traveling to a foreign country
  • with either you or your spouse, or
  • with you as a solo parent, or
  • with the legal guardian.
2. You and your spouse are
  • in the Foreign Service, or
  • living abroad, or
  • immigrants.
In number 2, your minor child must have a valid pass such as a dependents visa/pass/identification card or a permanent resident visa/pass/identification card. This document proves your minor child is living with you abroad and the travel does not constitute child trafficking.
Is a married minor required to get a travel clearance?
Article 35, paragraph 1of the Family Code states that no person below 18 can get married even with parental consent. If your minor child has gotten married by some means, a travel clearance is still required. (Please read Article 35 of the Family Code below.)
What are the requirements in getting a travel clearance?
1. Duly accomplished application form;

2. Photocopy of the birth certificate or passport of the minor;

3. Written consent of both parents or the solo parent or the legal guardian permitting the child to travel alone or with someone else to a foreign country;

4. Photocopy of passport of minor child’s traveling companion;

5. Two colored passport size photos of the minor taken within the last 6 months.

6. As appropriate:
  • photocopy of the marriage certificate of the minor’s parents; or
  • photocopy of the certificate of legal guardianship of the minor; or
  • photocopy of the solo parent identification card from the municipal social welfare and development office or Tallaq or Fasakh Certification from the Shariah court or any Muslim Barangay or religious leader;
  • in the case of an illegitimate minor, the mother’s certificate of no marriage (CENOMAR) from the National Statistics Office;
  • in the case of a deceased parent, a photocopy of the death certificate.
Is there a validity period for a travel clearance?
The clearance is valid from the date of issuance either for a period of one year or two years. It is valid for multiple travels within the period, as long as the conditions under which the clearance was issued have not changed. If a condition has changed, like a change in traveling companion, your minor child must obtain a new travel clearance.
How much is the processing fee for the clearance?
The fee is:
  • Php 300.00 with validity of one year.
  • Php 600.00 with validity of two years.
Where can I obtain the application forms? Where should I file the application?
You can obtain the application forms from:
You should file the application, together with the supporting documents, at any DSWD Field Office.
What is the procedure?
1. On the appointed date, you should go to the Field office which processed your application.

2. You must submit the original copy of your supporting documents, and pay the processing fee.

3. The clearance certificate will be released afterwards.
Other Frequently Asked Questions

Does a minor with a permanent residency card need a travel clearance?
No.
Does a minor born abroad but with no residency card need a travel clearance?
It depends on the minor’s citizenship or residency.

Ifthen
the minor is not a Filipino citizen and holds a foreign passport …a travel clearance is not required.
the minor is a Filipino citizen and living abroad but does not hold a permanent resident visa/pass/identification card …a travel clearance is required.

Who can give the consent for the travel of a totally orphaned minor who has no appointed legal guardian?
1. The grandparent, whether paternal or maternal, may issue the consent even without a guardianship order from the court. If there are several grandparents, the Family Court has to appoint which grandparent will exercise parental authority. (Please read Article 214 of the Family Code below.)

2. In cases where both the paternal and maternal grandparents are deceased, the relatives acting as guardians of the minor must secure a guardianship order from the court.
My minor child is the subject of an ongoing custody battle between me and my spouse. Can a travel clearance be issued?
We will not issue a travel clearance to your child. The exception is when the court issues an order allowing your child to travel abroad with either you or your spouse, or with an authorized guardian.

To prevent your minor child from traveling abroad without your consent or a court order, you must ask the Bureau of Immigration to include your child in the watchlist of minors traveling abroad. The Bureau of Immigration is responsible for ensuring that no child under the watchlist order leaves the country.
I am the mother of an illegitimate minor child. Can a travel clearance be issued to my child even while I am still applying for the visa in the embassy?
Under Article 176 of the Family Code, you have sole parental authority over your child.
  • If your child will be traveling with you, no travel clearance is required.
  • If your child will be traveling with a person other than you, a travel clearance is required.
(Please read Article 176 of the Family Code below.)
I am the biological father of an illegitimate minor child. The mother has abandoned the child. What are the requirements for the travel clearance?
Since the mother has the absolute parental authority over her illegitimate children, you need to get a court order giving you parental authority over the child.

If the court grants parental authority to you, then:

if the child will be traveling with you …travel clearance is not required
if the child will be traveling alone or with someone other than you …

travel clearance is required.


The parents are residing abroad. Is a faxed copy of their consent acceptable?
Yes, a faxed copy is acceptable. A computer generated photo of minors and emailed documents are also acceptable.
Relevant provisions of the Family Code of the Philippines

Article 35, par. 1 of the Family Code
The following marriages shall be void from the beginning:

(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
Article 35, paragraph (1)
The following marriages shall be void from the beginning:

(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
Article 176
Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use 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. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.
Article 214
In case of death, absence or unsuitability of the parents, substitute parental authority shall be exercised by the surviving grandparent. In case several survive, the one designated by the court, taking into account the same consideration mentioned in the preceding article, shall exercise the authority.



Related posts (Before and After revisions of selected government communications):

Wednesday, April 27, 2011

Public Attorney's Office guidelines (Plain English / Plain Language revisions)

Notes: (1) Please read my post “Plain English, Plain Language or Plain Writing for government offices and private companies in the Philippines.” (2) I conduct seminars for government offices or private companies that want to train their staff in Plain English. Please email me at gtgalacio@yahoo.com or text 0927-798-3138 for details. (3) For interactive grammar exercises, please visit my “Better English resources and exercises” website; I also have interactive quizzes on Plain English / Plain Language. (4) If the tables do not look right, try using Mozilla Firefox or Google Chrome. (5) These revisions are my own and are used only to illustrate Plain English principles. If there are conflicts between my revisions and the official DSWD guidelines on travel clearance for minors, you must follow the official guidelines.

Plain English / Plain Language revisions:I used the pronoun “you” to directly address the user, and pronoun “we” to refer to the office.

I broke up the original one long paragraph into four short paragraphs.

I used a bulleted list for clarity.

BeforeAfter
The Merit Test

Under PAO M.C. No. 18 series of 2002, a case shall be considered meritorious if an assessment of the law and evidence on hand discloses that the legal services of the office will assist or be in aid of or in the furtherance of justice, taking into consideration the interests of the party and those of the society. In such cases, the Public Attorney should agree to represent the party concerned. On the other hand, a case is deemed unmeritorious if it appears that it has no chance of success, or is intended merely to harass or injure the opposite party or to work oppression or wrong. In such situation, the Public Attorney must decline the handling of the case. A Public Attorney may represent an indigent client even if his cause of action is adverse to a public officer, government office, agency or instrumentality provided the case is meritorious. Caution should however be exercised that the office be not exposed to charges of harassment, unfairness or undue haste in the filing of suits. In criminal cases, the accused enjoys the constitutional presumption of innocence until the contrary is proven. Hence, cases of defendants in criminal actions are considered meritorious.
The Merit Test

We will assess your case based on the law and evidence. If our services will render justice to you and our society, we will handle your case.

As long as your case is meritorious, we will help you even if your opponent is a public officer, agency or instrumentality.

If you are the defendant in a criminal case and cannot afford a private lawyer, we will accept your case.

We will not, however, accept your case if:
  • it has no chances of winning in court, or
  • it will harass or injure the opposite party, or
  • it will cause oppression or wrong.
(Note: Based on PAO M.C. No. 18 series of 2002)









Plain English / Plain Language revisions:I used the pronoun “you” to directly address the user, and avoided legalese by using simple words.

BeforeAfter
The Indigency Test

Pursuant to PAO MEMORANDUM CIRCULAR NO. 02 Series of 2010 dated January 27, 2010 and entitled as “AMENDING SECTIONS 3, 4, and 5, ARTICLE II OF MEMORANDUM CIRCULAR NO. 18, S. 2002 (Amended Standard Office Procedures in Extending Legal Assistance)” in relation to the provisions of Republic Act (RA) No. 9406 enacted by Congress and approved by Her Excellency President Gloria Macapagal-Arroyo on March 23, 2007 and its Implementing Rules and Regulations dated July 14, 2008, the Indigency Test set forth in Section 3, Article II, MC No. 18, S. 2002, is hereby amended to read as follows:

Indigency Test. – Taking into consideration recent surveys on the amount needed by an average Filipino family to (a) buy its “food consumption basket” and (b) pay for its household and personal expenses, the following applicant shall be considered as an indigent person:

1. If residing in Metro Manila, whose net income does not exceed Php14,000.00 a month;

2. If residing in other cities, whose net income does not exceed Php13,000.00 a month;

3. If residing in other places, whose net income does not exceed Php 12,000.00 a month.

The term “net income” as herein employed shall be understood to refer to the income of the litigant less statutory deductions.

Statutory deductions shall refer to withholding taxes, GSIS, SSS, Pag-Ibig, Health Insurance and Philhealth premiums as well as mandatory deductions.

For purposes of this Section, ownership of land shall not per se constitute a ground for disqualification of an applicant for free legal assistance in view of the ruling in Juan Enaje vs. Victorio Ramos, et al. (31 SCRA 141, G.R. No. L-22109, January 30, 1970) that the determinative factor for indigency is the income of the litigant and not his ownership of real property.
The Indigency Test

You are considered indigent:
  1. If you are residing in Metro Manila, your net income does not exceed Php14,000.00 a month;
  2. If you are residing in other cities, your net income does not exceed Php13,000.00 a month;
  3. If you are residing in other places, your net income does not exceed Php 12,000.00 a month.
The term “net income” refers to your income less deductions like withholding taxes, GSIS, SSS, Pag-Ibig, Health Insurance, and Philhealth premiums, as well as mandatory deductions.

You are considered indigent even if you own real property.

[Based on PAO Memorandum Circular No. 02 Series of 2010 dated January 27, 2010 and entitled as “Amending Sections 3, 4, and 5, Article II of Memorandum Circular No. 18, S. 2002 (Amended Standard Office Procedures in Extending Legal Assistance)” in relation to Republic Act No. 9406]



































Plain English revisions:I used the pronoun “you” to directly address the user.

I used pronoun “I” for the question heading.

I avoided legalese and jargon (like “jurisdiction”) by using equivalent, simple words.

BeforeAfter
How to avail of services of the PAO

To ensure that only those qualified shall be extended free legal assistance, the applicant shall be required to execute an Affidavit of Indigency and to submit any of the following documents:

1. Latest Income Tax Return or pay slip or other proofs of income; or

2. Certificate of Indigency from the Department of Social Welfare and Development, its local District Office, or the Municipal Social Welfare and Development Office having jurisdiction over the residence of the applicant; or

3. Certificate of Indigency from the Barangay Chairman having jurisdiction over the residence of the applicant.
How can I avail of services of the PAO?

You must execute an Affidavit of Indigency and submit any of the following documents:
  • Latest Income Tax Return, or pay slip, or other proofs of income; or
  • Certificate of Indigency from the Department of Social Welfare and Development, its local District Office, or
  • the Municipal Social Welfare and Development Office of the place where you live; or
  • Certificate of Indigency from the Chairman of the barangay where you live.



Related posts (Before and After revisions of selected government communications):

Tuesday, April 26, 2011

PDIC notice to Banco Filipino depositors (Plain English / Plain Language revisions)

Notes: (1) Please read my post “Plain English, Plain Language or Plain Writing for government offices and private companies in the Philippines. (2) I conduct seminars for government offices or private companies that want to train their staff in Plain English. Please email me at gtgalacio@yahoo.com or text 0927-798-3138 for details. (3) For interactive grammar exercises, please visit my “Better English resources and exercises” website; I also have interactive quizzes on Plain English / Plain Language. (4) If the tables do not look right, try using Mozilla Firefox or Google Chrome. (5) These revisions are my own and are used only to illustrate Plain English principles. If there are conflicts between my revisions and the official DSWD guidelines on travel clearance for minors, you must follow the official guidelines.

Notice to Depositors of Banco Filipino and Schedule of Depositors Forum (original version)

  1. Depositors with accounts of P5,000 and below, who have no outstanding loans and whose addresses are updated in the Bank’s records, need not file deposit insurance claims.

    PDIC will send payment in the form of postal money order (PMO) directly to depositors with valid accounts of P5,000 and below through registered mail. PMOs may be encashed in more than 1,400 postal offices and more than 300 Land Bank branches nationwide.
  2. Depositors with accounts above P5,000; and depositors with P5,000 and below, who have outstanding loans and whose addresses are not updated in the Bank’s records are required to file deposit insurance claims. Claim Forms will be distributed during Depositors Forums to be conducted nationwide.
  3. Only depositors with accounts above P5,000; and depositors with P5,000 and below, who have outstanding loans and whose addresses are not updated in the Bank’s records need to attend the Depositors Forum. Those with P5,000 and below, who have no outstanding loans and whose addresses are updated in the Bank’s records, need not attend the Depositors Forum.
Plain Language revisions using an If/Then table

If your account is …then ...
above P5,000
1. you need to attend the Depositors Forum; and
2. you must file a deposit insurance claim.

Note: Claim Forms will be distributed during the Depositors Forums to be conducted nationwide; see the schedule below.


If your account is ...andthen ...


P5,000 and below















  1. you have no outstanding loan; and
  2. your address is updated in the Bank’s records



  • you do not need to attend the Depositors Forum;
  • you do not need to file a deposit insurance claim; and
  • we will send to you by registered mail the payment in postal money order (PMO);
  • you can encash the PMO in more than 1,400 postal offices and more than 300 Land Bank branches nationwide.

Text only Plain English revisions (using headings, active voice, pronouns “I” in the question heading and “you” to directly address the user, and vertical lists for clarity)

Who does not need to file a deposit insurance claim?

You do not need to file a claim if your account is P5,000 and below, and:
  1. you have no outstanding loans, and
  2. your address is updated in the Bank’s records.
We will send you by registered mail the payment in postal money order (PMO). You can encash the PMO in more than 1,400 postal offices and more than 300 Land Bank branches nationwide.

Who needs to file a deposit insurance claim and to attend the Depositors Forum?

You need to file a claim and attend the forum if:
  • your account is above P5,000; or
  • your account is P5,000 and below, you have an outstanding loan, and your address is not updated in the Bank’s records.
Where can I get a Claim Form?

You may get the form:
  • during the Depositors Forum;
  • from the branch where you maintained your account; or
  • from the PDIC website, www.pdic.gov.ph.


Related posts (Before and After revisions of selected government communications):

Monday, April 25, 2011

RA 9994 Expanded rights of senior citizens (Plain English / Plain Language revisions)

Notes: (1) Please read my post “Plain English, Plain Language or Plain Writing for government offices and private companies in the Philippines.” (2) I conduct seminars for government offices or private companies that want to train their staff in Plain English. Please email me at gtgalacio@yahoo.com or text 0927-798-3138 for details. (3) For interactive grammar exercises, please visit my “Better English resources and exercises” website; I also have interactive quizzes on Plain English / Plain Language. (4) If the tables do not look right, try using Mozilla Firefox or Google Chrome. (5) These revisions are my own and are used only to illustrate Plain English principles. If there are conflicts between my revisions and the official DSWD guidelines on travel clearance for minors, you must follow the official guidelines.

Plain English revision: I used the pronoun “you” to directly address the user.

BeforeAfter
Who are entitled to the benefits and privileges granted under RA 9994?

All Filipino residents who are 60 years old and above are entitled to the benefits and privileges granted RA 9994. It may cover elderly “dual citizens” who can prove Filipino citizenship and at least 6 months residency in the Philippines.
Who are entitled to the benefits and privileges granted under RA 9994?

If you are a Filipino resident 60 years old and above, you are entitled to the benefits and privileges under RA 9994.

If you are a “dual citizen,” you must also prove (1) your Filipino citizenship and (2) at least six months residency in the Philippines.

Plain English revision: I used a vertical list to break up the paragraph and to make things clearer.

BeforeAfter
Who are entitled to the benefits and privileges granted under RA 9994?

All Filipino residents who are 60 years old and above are entitled to the benefits and privileges granted RA 9994. It may cover elderly “dual citizens” who can prove Filipino citizenship and at least 6 months residency in the Philippines.
Who are entitled to the benefits and privileges granted under RA 9994?
  • If you are a Filipino resident 60 years old and above, you are entitled to the benefits and privileges under RA 9994.
  • If you are a “dual citizen,” you must also prove:

    (1) your Filipino citizenship, and

    (2) at least six months residency in the Philippines.

Plain English revisions: I used the pronoun “I” in the question heading. Instead of “availing” or “utilizing,” I used the short, simple word “use.”  I deleted the word “preclude.” I turned the verbose paragraph into a one-word answer.

BeforeAfter
Does availing of the 20% senior citizens discount on hospitalization or medical services preclude utilizing PHILHEALTH benefits at the same time?

No, a senior citizens discount on hospitalization and/or medical services can be availed of separately. Thus, PHILHEALTH coverage can still be utilized on top of the 20% senior citizens discount.
Can I use the 20% senior citizens discount on hospitalization or medical services and my PHILHEALTH benefits at the same time?

Yes.

Plain English revisions: I used the pronouns “I” in the question heading and “you”to address the user. I avoided legalese like “owing to the limitation,” and used a vertical list for clarity. I edited the redundant phrases “duly authorized representative” and “a document specifically authorizing the representative.” I used “But” instead of “However” to start the last sentence (original sentence used 30 plus words while the edited sentence uses ten words only).

BeforeAfter
Can bedridden or incapacitated senior citizens avail of discounted purchases through a representative?

Yes, but senior citizens can send their duly authorized representative to purchase their medicines and grocery items only. However, the representative must carry the senior citizen’s OSCA ID, the senior citizen’s purchase booklet, a document specifically authorizing the representative, and a doctor’s prescription when necessary.

However, discounted food purchases cannot be by proxy or through a representative owing to the limitation that it should be for the exclusive use and enjoyment, or “personal consumption” of the senior citizen only.
If I am bedridden or incapacitated, can I make discounted purchases through my representative?

Yes, you can send your representative to buy medicines and grocery items. Your representative must present your:
  1. senior citizen’s OSCA ID;
  2. purchase booklet;
  3. letter of authorization, and
  4. doctor’s prescription when purchasing medicines.
But you cannot make discounted food purchases through your representative.


Related posts (Before and After revisions of selected government communications):

Thursday, April 21, 2011

PVAO educational benefits (Plain English / Plain Language revisions)

Notes: (1) Please read my post “Plain English, Plain Language or Plain Writing for government offices and private companies in the Philippines.” (2) I conduct seminars for government offices or private companies that want to train their staff in Plain English. Please email me at gtgalacio@yahoo.com or text 0927-798-3138 for details. (3) For interactive grammar exercises, please visit my “Better English resources and exercises” website; I also have interactive quizzes on Plain English / Plain Language. (4) If the tables do not look right, try using Mozilla Firefox or Google Chrome. (5) These revisions are my own and are used only to illustrate Plain English principles. If there are conflicts between my revisions and the official PVAO guidelines on educational benefits, you must follow the official guidelines.

link to PVAO website Plain English revisions: using pronouns “I” for the user in the question heading and “you” to directly address the reader; an If/Then table; legalese like heretofore” is replaced by the simpler word “previously; and other revisions in the text.

Educational Benefits

How can I avail of the benefits?

If you are one of the persons listed below:andthen ...
(1) Veteran of the Philippine revolution against Spain and the Philippine-American War;

(2) Veteran of the Philippine Army or of any recognized or deserving guerrilla organization that participated in the resistance movement or in the liberation drive during World War II from December 8, 1941 to December 2, 1945;

(3) Veteran of the Philippine Expeditionary Forces to Korea (PEFTOK) during the period from September 15, 1950 to May 31, 1955;

(4) Veterans of the Philippine Civic Action Group or Philippine contingent in Vietnam (PHILCAG) during the period from August 31, 1964 to December 1969.

(5) The unmarried spouse of a deceased veteran; or

(6)
(a) A direct descendant of a veteran who renounces the benefit in your favor;

(b) or a direct descendant of the deceased veteran, and the surviving spouse of the veteran or your legal guardian applies for the benefit in your favor.
Note: Only one descendant can avail of the benefits.
you have not previously enjoyed educational benefits under the laws of the Philippines or the United States,upon certification of the Administrator, you may be admitted to any school, college, university or institution authorized by the Government.


Related posts (Before and After revisions of selected government communications):