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Sunday, December 22, 2013

Affidavit of Change in Motor Vehicles

Did your car undergo a repainting or major change in body type? You need to declare these changes to the Land Transportation Office by way of an Affidavit of Change in Color or Affidavit of Change in Body Type. Below is a sample of the Affidavit.

AFFIDAVIT OF CHANGE OF COLOR AND CHANGE OF BODY


I, _______________, of legal age, Filipino, single/married and a resident of ______________________ after having been duly sworn to in accordance with law, depose and state THAT:
1. I am the registered owner of a motor vehicle which is particularly described as follows:  
            Make & Type              :           ___________
            Engine Number           :           ___________
            Chassis Number          :           ___________
            Plate Number              :           ___________
            MV File No.                 :           ___________
            Year Model                 :           ___________
Color                           :           ___________

2. The original color of the said motor vehicle was "___________";

3. That recently, I had the motor vehicle’s color repainted to "___________" such that the color of the said motor vehicle was changed from "___________" to "___________";

4. The original body type of the said motor vehicle was "___________";

5. That on ___________, the said motor vehicle has figured in an accident and that the body cannot be restored to its original type and to have more use of the said vehicle, I have decided to change the body type of the said vehicle from "___________" to "___________";

6. The change of body type and the change of color are not intended for any illegal or unlawful purpose but solely due to the foregoing reasons;

7. I am executing this Affidavit to attest to the truth of the foregoing and in support of the application for the change of color and change of body type of the above-described motor vehicle on its Certificate of Registration.

IN WITNESS WHEREOF, I have hereunto set my hand this ___________ at ___________, Philippines.





Affiant
ID No. ___________

 SUBCRIBED AND SWORN TO before me this ___________, in ___________, Philippines, affiant exhibiting to me her competent evidence of identity by way of her ___________ Identification Card.

Doc. No. _____;
Page No. _____;
Book No. _____;

Series of ______.

You can also download a .doc version of the Affidavit here.

Friday, December 20, 2013

A Military Accident Can Happen to Anyone On The Base


A military accident can happen on any given day and to anyone, a new recruit, or a seasoned veteran. There are many different scenarios that can cause accidents. It is important that all the parties involved in any exercise being carried out do their best to maintain the safety of the others involved as well as their own safety.

Accidents can happen at any time it can happen while at war or in training. A gun can go off hitting a soldier. There can be an explosion and onlookers or a passersby gets hit by flying debris or missiles. There are even motor vehicle accidents on the base where a car or truck can hit or run over military personnel. An accident can happen anywhere on the way to work at the base or on the streets.

You could be a young and promising new recruit on your way one morning or afternoon, busily minding your own business or paying close attention to getting to your destination. You may be driving or walking when suddenly, seemingly from out of nowhere an army truck or vehicle ploughs into your vehicle right there on the army base. At the time you may not be sure about the details of exactly what happened. You wake up in an army facility with two broken legs. A promising career cut short.

You could be a seasoned veteran and a high ranking officer in charge of personnel. On this particular day you are in charge of the training exercises for the new recruits. You have given them their instructions and they are each firing at their assigned targets. Suddenly in the background there is a large explosion and a huge fire erupts. There is debris flying everywhere.

You are busily trying to ensure the safety of your recruits when you realize that you have been hit in the head by flying debris as blood comes trickling down your face. This is the last thing you remember as you lose consciousness. A lifetime of dedication and service brought abruptly to an end.

It really does not matter what the particular details of an accident are. The result is always the same for military personnel. It means that you will be unable or unfit to carry out your assigned duties. The circumstances surrounding the military accident will determine which of the parties involved are at fault. Could the accident have been avoided?

The severity of the accident will determine the extent of the injury or injuries sustained as well as determine how long the recovery process will be. Accidents take only seconds to occur and can take you a lifetime to recover from. In a flash all that you value and care for can be taken away from you. Your career, your health, limbs, family, and financial safety and security.

It is very important regardless of the details of your accident to do some research and try to get as much information as possible. It is essential to know your rights and what can be expected from the Ministry of Defense. It is important to have a team like
Hilary Meredith Solicitors in your corner asking all the right questions and following the prescribed guidelines to ensure you are adequately and fairly compensated for your loss.

Cheri Davis writes for http://www.hmsolicitors.co.uk/

Wednesday, December 18, 2013

Davao City's Road and Public Safety Measures

Source:
Motorists, beware! Davao City's Executive Order No. 39 prescribing the maximum allowable speed limit within the city is being strictly implemented. It has been two straight days now that I've seen the crew of the Traffic Management Group armed with speed guns newly purchased by the city government. The city government has been very active in reminding motorists in Davao City about the maximum speed limit and large billboards such as the one in the photograph below are prominent in major roads.

Source: http://www.facebook.com/DavaosPrideOfficial
Meanwhile, closed-circuit televisions or CCTVs are in place all over Davao to ensure road and public safety and even private establishments such as shopping malls and commercial centers are being ordered, through Executive Order No. 24 issued on September 20, 2013, to install CCTVs.

Source: Davao City Public Safety Command Center
As of this writing, there are 170 government-installed CCTVs all over Davao City which is a part of the P100-million budget for Intelligence Operations Center that is aimed at improving the local government's response to crimes and disasters.

Businessman gets 60 years of jail time for raping daughter

“Not even the most ungrateful and resentful daughter would push her own father to the wall as the fall guy in any crime unless the accusation against him is true… It is not likely that a complainant in a rape case would fabricate a story of defloration against her own father and put to shame not only herself but her whole family as well, unless it was the plain truth and her motive was purely to obtain justice.”

Original article posted at http://newsinfo.inquirer.net/548629/businessman-gets-60-years-for-raping-daughter

I could not fathom the fact that such bestiality exists! I have handled a case like this but unfortunately, my client, the victim child, did not pursue the case. I was present every hearing yet my client would not attend the scheduled hearings. I did not have any other witness so what happened was that the judge provisionally dismissed the case. I could not put the blame on my client knowing that it's hard to face her father, and even harder for her to testify about the rape.

Frequently Asked Questions About LSAT Prep

Just about getting started on prepping for your LSAT? Here are some questions you may have about the journey you are about to embark upon.
  1. How often should I study for the LSAT?
A best practice when it comes to prepping for the LSAT is to study regularly. Begin at least 3 months before the test and put in at least an hour or two every single day. Despite the fact that there is no actual memorizing on the LSAT, you have to transition yourself into the frame of mind to tackle to challenging logical questions. You have to treat it like you would an exercise regime. You wouldn’t just exercise once in a week and expect drastic results would you? The same goes for the LSAT. The more often you study, the higher your chances of acing the test. An online LSAT course would help you stay on track regularly.

It's also a good idea to supplement online and offline studying. This gives you a wider background of study material and can increase your chances of passing the LSAT with flying colors.
  1. What kind of study material can I refer to?
It is important to refer only to those books that use real LSAT questions. This will be written on the cover of the book. There are many companies that have to shell out a license fee if they wanted to print real LSAT questions, so they just leave it out. Many of these books also contain several mistakes. Instead of scouring around for LSAT review course material, why not opt for an online LSAT course that gives you all the resources you need in one place.
  1. Why are online LSAT prep courses so popular? 
An online LSAT course provides you with all the tools and resources you need to ace the LSAT. These courses allow you to learn from individuals who have the highest level of qualification. Online courses allow you to look at the same problem in many different ways, thereby increasing your logic and reasoning power.

Another spectacular feature about an online LSAT review course is that it offers you have the freedom to study at your own pace and according to your own schedule. This is a monumental and distinct advantage for many students or working individuals who seem to find it difficult to fit in study time into their already action-packed days.
  1. How often is it ok for me to take a break while I am studying?
If you feel like your brain is in danger of shutting down, take a break from your LSAT prep. A 15-minute break is perfect to rejuvenate your mind and to invigorate your synapses to help you overcome the challenges of this training process. Keep a log of how long you have worked until you needed a break and try to increase that number over a period of time. This will help you stay focused for longer.
To power your LSAT preparation with an online LSAT review course, visit 7Sage.

This article was written by Rawanda Hennesey.

FAQ's: Ecological Solid Waste Management Act of 2000 (Republic Act 9003)

This FAQs Notes were prepared for the November 16, 2013 airing of Sayri ang Balaud. The topic for the day is about Ecological Solid Waste Management Act of 2000 or RA 9003.

1.       What is the role of the State in Solid Waste Management under this Act?
Ans.: this Act declares that the State has the responsibility to adopt a systematic, comprehensive and ecological solid waste management (SWM) program. To summarize this policy, the State has the following tasks;
a.       Protection of public health and environment;
b.      Utilization, conservation and recovery of valuable resources;
c.       Waste avoidance and volume reduction at source;
d.      Adoption of environment al management practices;
e.      Conduct of national research and development on improved solid waste management and resource conservation techniques;
f.        Encouragement of private and public sector participation in solid waste management;
g.       Enforcement and responsibility for solid waste management with LGUs, NGOs and private sector; and
h.      Integration of ecological waste management into the academic curricula to promote environmental protection awareness.

2.       How about the business and industry? What is its role under this act?
Ans.:  Under RA 9003, commercial and industrial establishments shall be encouraged, through appropriate incentives other than tax incentives:
a.       To initiate, participate and invest in integrated ecological SWM projects;
b.      To manufacture environment-friendly products;
c.       To introduce, develop and adopt innovative processes; and
d.      To undertake community activities to promote and propagate effective SWM practice.

3.       What is the institutional mechanism for implementing Solid Waste Management (SWM)?
Ans.:  Implementing Ecological Solid Waste management in the country shall have the following chain of institutional mechanism:
a.       National Solid Waste Management Commission  
Provincial Solid Waste Management Board
City/Municipal Solid Waste Management Board 
Barangay Solid Waste Management Board
4.       What is the Role of the National Solid Waste Management Commission?
Ans.: the role of the NSWMC is to oversee the implementation of solid waste management plans and among others, shall coordinate the operation of local solid waste management boards in the provincial and city/municipal levels and to provide technical and marketing assistance to the LGUs for materials that are diverted from disposal facilities through re-use, recycling, and composting, and other environment-friendly methods.


5.       What are the requirements for Households, Business Establishments and LGUs under this Act?
Ans.: The following are the requirements, to wit;
a.       Segregation at source – Section 21, RA 9003 states that segregation of wastes shall primarily be conducted at the source, to include household institutional, industrial, commercial and agricultural resources. Wastes shall be segregated using the following guidelines: for premises containing six (6) or more residential units, the LGU shall promulgate regulations requiring the owner or person in charge of such premises to;
                                                          i.            Provide residents a designated area and containers in which to accumulate source separated recyclable materials to be collected by the municipality or private center; and
                                                         ii.            Notify the occupants of such building of the requirements of this Act and the regulations promulgated pursuant thereto.
b.      Segregated Collection – Section 22, RA 9003 provides that the following shall be the minimum standards and requirements for segregation and storage of solid waste pending collection:
                                                         i.            There shall be a separate container for each type of waste from all sources: Provided, That in the case of bulky waste, it will suffice that the same be collected and placed in a separate designated area; and
                                                       ii.            The solid waste container depending on its use shall be properly marked or identified for on-site collection as "compostable", "non-recyclable", "recyclable" or "special waste” or any other classification as may be determined by the Commission.
c.       Establishment of Material Recovery Facilities – Section 32, RA 9003 states that there shall be established a Materials Recovery Facility (MRF) in every barangay or cluster of barangays. The facility shall be established in a barangay-owned or -leased land or any suitable open space to be determined by the barangay through its Sanggunian. For this purpose, the barangay or cluster of barangays shall allocate a certain parcel of land for the MRF. The MRF shall receive mixed waste for final sorting, segregation, composting, and recycling. The resulting residual wastes shall be transferred to a long term storage or disposal facility or sanitary landfill.
d.      Recycling – Section 26-30, RA 9003 specify details on the recycling program. The DTI, in cooperation with the DENR, the DILG and other concerned agencies and sectors, shall publish a study of existing markets for processing and purchasing recyclable materials and potential steps necessary to expand these markets. In addition, the DTI shall formulate and implement a coding system for packaging materials and products to facilitate waste and recycling and re-use.
e.      Establishment of Multi-Purpose Environment Cooperatives or association in every LGU – shall undertake activities to promote the implementation and/or directly undertake projects in compliance with the provisions of this Act (Sec. 13, RA 9003).
f.        Establishment of Mandatory Solid Waste Diversion – mandates that the LGU shall divert at least 25% of all wastes from waste disposal facilities through re-use, recycling and composting and other resource recovery activities and that the waste diversion goals shall be increased every three years thereafter (Sec. 20, RA 9003).
g.       Creation of Solid Waste Management Funds – a special account in the National Treasury to be created for a Solid Waste Management Fund to be administered by the NSWMC (Sec. 46, RA 9003).
h.      Research on Solid Waste Management
i.         Conduct of Public Education Information – NSWMC shall, in coordination with DedEd, TESDA, CHED, DILG and PIA, conduct a continuing education and information campaign on solid waste management (Sec. 55, RA 9003).
j.        Environmental Education in the Formal and Non-formal Sectors

6.       What are the prohibited acts under this Act and its corresponding penalties?
Ans.: Section 48, RA 9003 prohibits the following acts, to wit;
a.       Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals, “esteros” or parks, and establishments (Fine: P300 – P1,000).
b.      Causing or permitting the collection of non-segregated wastes (Fine: P1,000 – P3,000).
c.       Establishment or operation of dumps (Fine: P50,000+5-10% of net annual income)
d.      Transport and dumping in bulk of collected domestic, industrial, commercial and institutional wastes in areas other than centers or facilities prescribed in the Act. (Fine: P10,000 – P200,000).
e.      Manufacture, distribution or use of non-environmentally acceptable packaging materials (Fine: P5,000+5-10% of net annual income).
f.        Importation of consumer products packaged in NEA materials (Fine: P5,000+5-10% of net annual income).
g.       Mixing of source-separated recyclable materials with other solid waste (Fine: P5,000+5+10% of net annual income).
h.      Importation of toxic wastes misrepresented as “recyclable” or “with recyclable content” (Fine: P10,000 – P200,000).

7.       What is the prohibition against the use of Dumps for Solid Waste?
Ans.: Section 37, RA 9003 states that no open dumps shall be established and operated, nor any practice or disposal of solid waste by any person, including LGUs which constitute the use of open dumps for solid waste, be allowed. RA 9003 further states that every LGU shall convert its open dumps into controlled dumps, in accordance with the guidelines set in Section 39 and 40 on sanitary landfill in accordance to Section 41 of this Act.

8.       What is a citizen suit, as provided under this act?
Ans.: it means that any citizen may file an appropriate civil, criminal or administrative action against:
a.       Any person who violates or fails to comply with the provisions of the Act or its implementing Rules and Regulations;
b.      The DENR or other implementing agencies with respect to orders, rules and regulations issued; or
c.       Any public officer who wilfully or grossly neglects the performance of an act.

9.       When does the provision on not using non-environmentally acceptable products as defined in this Act not applicable?
Ans.:  Notwithstanding any other provisions to the contrary, this section shall not apply to:
a.       Packaging used at hospitals, nursing homes, or other medical facilities; and
b.      Any packaging which is not environmentally acceptable, but for which there is no commercially available alternatives as determined by the NSWMC.

10.   Where segregation and collection of solid waste should be conducted?
Ans.: Segregation and collection of solid waste shall be conducted at the:
a.       Barangay Level – specifically for biodegradable, compostable and reusable wastes.
b.      Municipality and City – specifically non-recyclable materials and special wastes.
 

                                                                            
Sayri ang Balaud airs every Tuesday and Thursday from 5:00 PM to 6:00 PM, broadcasting all over Davao Region at DXUM 819kHz on your AM dial.

Monday, December 16, 2013

Filing Fees for Criminal Cases


A. CRIMINAL COMPLAINTS FEE
1. ESTAFA/ VIOLATION OF TRUST RECEIPT LAW / BUSINESS SCAM / FINANCIAL FRAUD
Amount of Damage:
Up to P50,000.00 150.00
Over 50,000.00 200.00
Over 100,000.00 300.00
Over 150,000.00 400.00
Over 200,000.00 500.00
Over 250,000.00 600.00
Over 300,000.00 700.00
Over 350,000.00 800.00
Over 400,000.00 900.00
Over 500,000.00 1,000.00
Additional P10.00 for every P1,000.00
2. LIBEL 1,000.00
3. RECKLESS IMPRUDENCE 200.00
4. ORAL DEFAMATION 200.00
5. MALICIOUS MISCHIEF / ALL OTHER CASES WITH DAMAGES 200.00
6. QUALIFIED THEFT 200.00
7. CARNAPPING 5,00.00 for trucks, cars and motorcycle; 1,000 for buses
8. VIOLATION OF B.P. 22 50% of fees for estafa; if filed w/ estafa , no charges
9. VIOLATION OF R.A. 7832 (Electric Pilferage) 2,000.00
10. VIOLATION OF SSS / PAG-IBIG LAWS 5% of collectible amount
11. ILLEGAL RECRUITMENT 100.00
12. VIOLATION OF R.A. 8041 (Water Pilferage) 1,000.00
13. INTELLECTUAL PROPERTY LAW 5,000.00
14. VIOLATION OF SUBDIVISION / CONDOMINIUM LAW 300.00
15. VIOLATION OF P.D. 1083 (Code of Muslim Personal Laws) 500.00
B. APPEALS / PETITION FOR REVIEW
1. TO THE REGIONAL STATE PROSECUTORS 500.00
2. MOTION FOR RECONSIDERATION OF THE RESOLUTION OF REGIONAL STATE PROSECUTORS 300.00
3. TO THE CHIEF STATE PROSECUTOR / SECRETARY 1,000.00
4. MOTION FOR RECONSIDERATION OF THE RESOLUTION OF THE CHIEF STATE PROSECUTOR / SECRETARY 500.00
C. MOTIONS / PLEADINGS ETC. FOR CONSIDERATION OR COMMENT OF PROSECUTORS
1. MOTION TO REDUCE BAIL 100.00
2. MOTION FOR RELEASE OF MOTOR VEHICLES 200.00
3. AFFIDAVIT OF DESISTANCE 500.00 (Prosecutor's Office); 500.00 (RTC); 300.00 (MTC)
4. MOTION FOR POSTPONEMENT IN PRELIMINARY INVESTIGATION 100.00
5. MOTION FOR RELEASE OF CASH BOND 100.00
6. MOTION FOR RECONSIDERATION OF RESOLUTION IN PRELIMINARY INVESTIGATION 500.00
7. MOTION FOR RE-INVESTIGATION 500.00
8. MOTION FOR INHIBITION OF PROSECUTOR 200.00
D. CLEARANCES ISSUED FOR:
1. LOCAL EMPLOYMENT 50.00
2. FOREIGN EMPLOYMENT 100.00
3. FOREIGN TRAVEL 200.00
4. FIREARMS LICENSE 1,000.00
5. PERMIT TO CARRY FIREARMS 500.00
6. BUSINESS PERMIT 300.00
7. RETIREMENT / RESIGNATION 100.00
E. OTHER SERVICES
1. MEDIATION 500.00
2. SPECIAL PROCEEDINGS REQUIRING APPEARANCE OF PROSECUTOR 500.00
3. ADMINISTRATION OF OATH 50.00
4. CERTIFICATION RE: STATUS OF CASES, TRUE COPY OF DOCUMENTS, EXHIBITS ETC. 30.00 + 2.00/ page in excess of 3 pages