Does My Child Become Illegitimate After My Annulment?

Now here is a valid question that newly-annulled parents often ask us.  So we endeavored to gather the facts to try and answer this rather sad question (one of the saddest, if not the saddest). Our research led us to www.smartparenting.com.ph where the same question was raised and the answer was provided by one Atty. Nikki Jimeno.  We just wish to acknowledge and give them credit for the insightful article they published on their website.

Read on:

If the annulled couple’s marriage was proven to be void from the beginning, then their children are generally considered illegitimate.  What this actually means is that in the annulment process, it was proven that the marriage that the ex-couple had was essentially fake – and it is as if they were never married at all.  Therefore, their children are essentially born out of wedlock – illegitimate.

According to the Family Code of the Philippines, the following marriages are considered void from the beginning:

• Contracted by any party below 18 even with the consent of parents or guardians;
• solemnized by any person not legally authorized to perform a marriage unless either or both parties believed in good faith that the solemnizing officer had the legal authority to do so;
• solemnized without a marriage license except those expressly exempted by law to secure a marriage license;
• bigamous or polygamous marriages;
• contracted through mistake of one of the contracting parties as to the identity of the other;
• incestuous marriages as defined in Article 37 of the FC; and
• void marriages by reason of public policy (i.e. between step-parents and step-children, between adopting parent and adopted child).

If, however, the marriage was valid but was later declared void due to the psychological incapacity of one or both of the spouses under Article 36 of the Family Code, the children are still considered legitimate.  This is because their parents’ marriage was legitimate, duly registered and acknowledged by the state and did not violate any provision in the Family Code.

Does my child need to drop his father’s last name after my annulment?

If you want your son to continue using his father’s last name, that is alright and permitted by law.  Illegitimate children are permitted to use their father’s last name as long as the biological father acknowledged his paternity over the child.  Only his birthright was affected by the annulment.

 

I want my child to be a legitimate child.

An unwed mother can adopt her own child and make his status legitimate, according to RA 8552 of the Domestic Adoption Act of 1998.  You need to seek the father’s consent and he must be willing to lose his parental authority over the child.  Essentially, your child will have to drop his biological father’s last name and use your maiden last name instead.

 

Source: www.smartparenting.com.ph

Who are the Employees’ Beneficiaries Under the Employees’ Compensation Program and Other FAQs

Last week, we discussed the basic information about the Employees’ Compensation Program or ECP.  Most private employees are not aware that there is an ECP that works like insurance for employees and workers that is why we decided to feature this topic.

Today, we will continue with more information such as who can be identified as beneficiaries of an employee under the ECP and how to file EC claims.  All these information are lifted from the ecc.gov.ph website.

Read on.

1. In case an employee dies, who shall receive the income benefits to which he is entitled to?

Benefit recipients are the employee’s beneficiaries.

2. Who are the employee’s beneficiaries?

The beneficiaries shall be either primary or secondary and determined at the time of the employee’s death.

The following beneficiaries shall be considered primary:

1. The legitimate spouse living with the employee at the time of the employee’s death until he remarries; and
2. Legitimate, legitimated, legally adopted or acknowledged natural children, who are unmarried, not gainfully employed, not over 21 years of age, or over 21 years of age provided he is incapacitated and incapable of self-support due to physical or mental defect which is congenital or acquired during minority.

The following beneficiaries shall be considered secondary:

1. The legitimate parents wholly dependent upon the employee for regular support;
2. The legitimate descendants and illegitimate children who are unmarried, not gainfully employed, not over 21 years of age, or over 21 years of age provided he in incapacitated and incapable of self-support due to physical or mental defect which is congenital or acquired during minority.

Primary beneficiaries shall have a priority claim to death benefits over secondary beneficiaries.  Whenever there are primary beneficiaries, no death benefit shall be paid to his secondary beneficiaries.

3. When shall EC claims be filed?

EC claims must be filed within the period of three years from:

• In case of sickness, from the time the employee was unable to report for work;
• In case of injury, from the time of the incident;
• In case of death, from the date of death.

The filing of disability or death benefits either under the SSS law or the GSIS law within three years from the time the cause of action accrued would stop the running of the prescriptive period.

4. Where are EC claims filed?

All EC claims may be filed by the claimant at his option in the GSIS regional office (for employees in the public sector) or SSS branch (for employees in the private sector), nearest to his place of work or residence.

As employees, especially those in the private sector, must make sure that the employer is regularly paying the employee’s EC contributions.  This is the best way to ensure that you can claim from the ECC later on.

 

Source: www.ecc.gov.ph

All We Need to Know About The Employees’ Compensation Program

Did you know that apart from the SSS and PhilHealth, we also have the Employees’ Compensation Program?  This is a government-funded program that is implemented to provide financial and medical support in case we get sick or meet an accident while at work or while performing our duties as workers.  Not a lot of people know this so I thought it would be good to write about it to serve as our reference.

All these information are lifted from the ecc.gov.ph website.

Read on!

1. What is the Employees’ Compensation Program (ECP)?

The Employees’ Compensation Program is a government program designed to provide a compensation package to public and private employees and/or their dependents in the event of work-related sickness, injury, or death.

2. Who is covered by the ECP?

• Private sector workers who are compulsory members of the SSS
• Sea-based Overseas Filipino Workers
• Kasambahays
• Government sector employees who are compulsory members of the GSIS
• Uniformed personnel of the AFP, PNP, Bureau of Jail Management and Penology, Bureau of Fire Protection, and Philippine Coast Guard.

3. When shall coverage of the employees under the Employees’ Compensation Program start?

All mentioned covered employees above are given protection under the ECP starting from the FIRST DAY OF EMPLOYMENT.

4. Who pays the EC Contribution?

The employer shall pay for the EC contribution of his/her employees.

Range of Compensation	Amount of Employers’ Contribution per month
P 1,000 – P 14,749.99	P10.00
P 14,750.00 and above	P30.00

For the public sector – P100 regardless of the range of monthly compensation.

5. What contingencies are compensable under the ECP?

Any work-connected INJURY or SICKNESS, resulting in DISABILITY or DEATH of covered employee is compensable under the ECP.

6. When is a sickness compensable under the Employees’ Compensation Program?

A sickness is considered compensable if the same is included in the ECC’s List of Occupational Diseases and the conditions for its compensability are met.  If the conditions were not satisfied and/or the claimed ailment is not included in the list, proof must be shown that the risk of contracting the disease is increased by the working conditions.  This is known as the increased-risk theory.

7. When is an injury compensable under the Employees’ Compensation Program?

An injury is considered compensable when the same takes place within the period of employment, at a place where the employee may reasonably be in the performance of his duties, and while he is fulfilling those duties or engaged in doing something incidental thereto, or where he is engaged in the furtherance of the employer’s business.

8. When is an accident considered to have “risen out of and in the course of employment”?

An accident may be considered to have arisen out of and in the course of employment when it happened:

• At the workplace;
• While performing official functions;
• Outside of the workplace, but performing an order/instruction of the employer;
• When going to or coming home from work;
• While ministering to personal comfort;
• While in a company shuttle bus; or
• During a company-sponsored activity.

9. What are the benefits under the ECP?
10. Loss of income benefit or cash benefit is given to a worker to compensate for the loss of income due to inability to work. The three types of loss of income benefits are:

• Temporary Total Disability (TTD)
• Permanent Total Disability (PTD)
• Permanent Partial Disability (PPD)

1. Medical benefits – reimbursement of the cost of medicine for the illness or injury, payment to providers of medical care, hospital care, surgical expenses, and the costs of appliances and supplies.
2. Rehabilitation Services – provision of remedial treatment, vocational assessment, and preparation which is designed to meet the individual needs of each handicapped employee to restore him to suitable employment.

Rehabilitation services may be in the form of any of the following:

• Medical-surgical management;

• Hospitalization;
• Necessary appliances and supplies;
• Physical restoration;
• Psychosocial counseling;
• Psychiatric evaluation;
• Skills training;
• Entrepreneur training;
• Hearing impairment evaluation;
• Visual impairment evaluation; and
• Job referral.

1. Carer’s allowance – is provided to an employee who suffers from a permanent partial or permanent total disability as a result of a work-related contingency arising out of employment; and
2. Death benefits – which include funeral and EC death pension granted to beneficiaries of an employee who died as a result of compensable sickness or injury.

Who are entitled as beneficiaries of an employee covered by the ECP? I will feature that in my next blog, so make sure to drop by again.

See you again!

Source: www.ecc.gov.ph

No-Homework Bill: Agree or Disagree?

As a kid, I hated school assignments and take-home projects.  I would always be the student who came to school early so I can work on my assignments a few minutes before the flag ceremony bell rang.  This went on until I was in college and was staying in a dorm – I would (probably) be the only person reading a book or listening to music on a “moratorium” night when the rest of the dorm’s population are busy burning the midnight oil for the finals.  I passed my grade school, high school, and college education in spite of this rather negative behavior towards doing homework.  But somehow I felt that had I spent more time studying at home and learning at my own pace would have helped me earn better grades and, well, be a more disciplined adult (haha!).

That is probably why I was oddly surprised to learn that my silent cry for a “no-homework-please” school night is now being passed as a law. Wow!

Why are they doing this?

According to the lawmakers, homework limits the time a child is able to spend with his parents and siblings.  It keeps the child from enjoying quality rest, relaxation, and interaction after school hours.  To ensure that kids are not made to do schoolwork during weekends, the bill also includes that textbooks should be left in the classroom before the students leave for home.

There were actually two bills filed by two different lawmakers; one imposes a fine of Php 50,000 or imprisonment of one to two years on teachers who will insist on having students work on assignments at home.

What are my thoughts on this?

I don’t agree!  Even if I hated working on assignments as a kid (probably even as a young adult in college), I know in my heart that I could not support this bill.  I learned so much from not doing my assignments and realized how much I missed because I let that bad habit stay with me up until I finished college.

• Working on your assignments at home allows you more time to analyze and understand the day’s lessons.

Sometimes, a topic would seem complicated when we are only listening to our teacher’s lecture.  But if we study at our own pace at home (which we are compelled to do when we have homework due the next day), we are able to understand what was discussed and appreciate the lessons from the lecture.  Without an assignment, a kid will not intentionally review his notes and read his books and therefore, completely miss out on the opportunity and ability to learn on his own.

• Homework helps develop self-discipline.

Ignoring the homework in your schoolbag may buy you more TV and idle time, but it will completely rob you of your chance to develop the virtue of self-discipline.

• Homework time can also be family time.

My parents loved helping me out with my assignments – that I can remember.  They didn’t always know the answers but they loved researching with me, going through our encyclopedias (the ‘80s and ‘90s version of Google!), and typing my papers for me.

They said it was fun helping us kids with our assignments, especially during weekends, because it keeps us from going out and spending, haha!

So there, if it were up to me, I would rather that kids be given homework and take-home projects.  I just think that there is so much more than “quality family time” that a child will lose if we deprive him the opportunity to develop the kind of self-discipline and responsibility that one learns by diligently working on school assignments.

How about you?  Are you in favor of prohibiting schools from giving students homework?  I’d love to hear your thoughts.

Reference: https://newsinfo.inquirer.net/1157431/no-homework-bills-filed

 

How to Update Your Civil Status in Your Government IDs and Records

In the Philippines, married women have the option to use their husband’s last name or retain their maiden name.  Bear in mind that when a woman decides to change her last name (in her IDs, public records, etc.) she cannot undo this unless she becomes a widow or her marriage is annulled.

Here are quick guides on how you can update your government-issued IDs and other documents with your married last name.

1. PhilHealth records

Bring the following at any PhilHealth office when requesting to update your records:

• PSA marriage certificate – original and photocopy
• Any government-issued ID

2. SSS

Bring the following at any SSS branch to update your last name:

• PSA marriage certificate – original and photocopy
• Any government-issued ID
• Your old SSS ID

3. Pag-IBIG

Bring the following at any SSS branch to update your last name:

• PSA marriage certificate – original and photocopy
• Any valid government ID

4. Passport

Bring the following on your scheduled appointment at the DFA

• PSA marriage certificate
• Passport (expired or current)
• Any valid government ID

You can order your PSA marriage certificate at www.psahelpline.ph.  They process and deliver PSA documents so you don’t have to line up at the PSA or take a leave from work.

 

How to Change Your Marital Status with the BIR

Most of us, if not all of us, acquired our Tax Identification Number (TIN) when we landed our first job… and yes, while we were still single.  But how does a taxpayer, especially women, update her civil status with the BIR after he or she is married?

I don’t think there is a way to update your records as a taxpayer online, unlike SSS and maybe PhilHealth.  You will have to manually fill out and submit some documents in order for your marital status to be updated (and your taxes appropriated).

Here are the steps:

1. Download and print a copy of BIR Form 2305  for employed taxpayers and BIR Form 1905 for self-employed taxpayers.
2. Fill out the form except for Part V, as this part is for your employer.
3. Prepare a copy of your PSA marriage certificate to support your request for change of marital status.
4. In Part II of the forms, check the letter “K” and write “Update Status and Registered Name to Married Name” in the blank box.
5. On the second page (or backside of the form), check “Registered Name” in 4G.
6. Write your married name under “New” and your maiden name under “Old”.
7. Attach a copy of your PSA marriage certificate and submit the accomplished form to the BIR branch office or Revenue District office where your TIN is currently registered. If you are employed, submit the accomplished form to your employer.

If you are unsure which Revenue District Office or BIR branch office you are registered, you may call 981-8888.

You can have your PSA marriage certificate delivered to you by PSAHelpline.ph.  Just log on to http://www.psahelpline.ph or message them on Facebook at https://www.facebook.com/PSAHelpline.ph/ where you can actually order through chat!  Try it! This is where I always get my PSA documents.

 

Reference: www.bir.gov.ph

Rush Processing of Postal ID: All You Need To Know

If you need your postal ID immediately the following day or on the day of your application itself, here’s how!  Normally, it will take 10 to 15 business days before you can get you Postal ID but the PhlPost has recently announced that they will accommodate rush processing for individuals who badly need this valid ID.

Read on:

• You may apply at the Manila Central Post office at the Liwasang Bonifacio, Intramuros, Manila or at any of the following post offices:
  • Quezon City Central Post Office – NIA Rd. Brgy. Pinyahan, Diliman
  • Valenzuela Central Post Office – Valenzuela Hall Complex, Maysan St.
  • Paranaque Central Post Office – Ninoy Aquino Ave., Brgy. La Huerta
  • Las Pinas Central Post Office – Las Pinas City Hall Cpd., Pamplona St.
  • Makati Central Post Office – Post Office Bldg., Gil Puyat cor. Ayala Ave.
• The said offices will receive applications from Monday to Friday, at designated hours. See below:

Post Office	Time of Application	Time of Release
Manila Central Post Office	8:00 AM – 8:30 AM (first 30 applicants)	Same day release 4PM – 5PM
Manila Central Post Office	8:40 AM – 4:00 PM	Next-day release 4PM – 5PM
QC Post Office	8:00 AM – 4:00 PM	Next-day release 4PM – 5PM
Valenzuela Central Post Office	8:00 AM – 4:00 PM	Next-day release 4PM – 5PM
Paranaque Central Post Office	8:00 AM – 4:00 PM	Next-day release 4PM – 5PM
Las Pinas Central Post Office	8:00 AM – 4:00 PM	Next-day release 4PM – 5PM
Makati Central Post Office	8:00 AM – 4:00 PM	Next-day release 4PM – 5PM

• The fee for rush processing is Php 650.00 (VAT inclusive).

For more information, like and follow the PhlPost’s social media accounts for updates:

https://www.facebook.com/newpostalid

https://www.instagram.com/newpostalid

https://www.twitter.com/PostaLiD

How to Apply for a Postal ID: Requirements and Application Process

Last Thursday (August 1, 2019), the Department of Foreign Affairs announced that the postal ID shall now be accepted and considered a valid primary ID by the agency and can be used when applying for a new passport or renewing an old one.  I received a lot of inquiries on how to get a postal ID and what IDs and documentary requirements are accepted for the application.

I checked the PhlPost website and was able to find the step-by-step application process as well as the complete list of requirements and IDs that you need to present.

Read on!

Application Requirements:

1. Bring two copies of duly accomplished PID application form. You may download copies here.
2. Proof of identity – submit any one of the following:
   • PSA birth certificate
   • GSIS or SSS UMID Card
   • Driver’s License
   • Passport
3. Married females must bring their PSA marriage certificate to validate the change of name from the birth document.

Applicants with no birth certificate, UMID card, driver’s license, or passport may submit ANY TWO of the following documents, at least one of which should bear the applicant’s photo and signature:

• BIR ID
• Baptismal Certificate
• College or Post-graduate Transcript of Records
• Confirmation Certificate
• Elementary or High School Form 137
• Marriage Certificate
• Valid Alumni ID
• Valid Basic Postal ID
• Valid College, School, or University ID
• Valid Company ID
• Valid Integrated Bar of the Philippines (IBP)
• Valid NBI Clearance
• Valid OWWA ID
• Valid Pag-IBIG ID
• Valid PhilHealth ID
• Valid PRC ID
• Valid Paper-based Postal ID
• Valid Police Clearance
• Valid Seaman’s Book
• Valid Senior Citizen ID
• Valid Tax Identification Number Card
• Valid Voter’s ID

4. Proof of Address – Submit any one of the following:

• Barangay Certificate of Residency issued within three months prior to PID application;
• Certified True Copy of Lease;
• Certified True Copy of Titles issued by the Land Registration Authority (LRA);
• Certified True Copy of Real Estate Tax Receipt;
• Bank statement;
• Credit card statement;
• School billing statement or utility bill (cable, electric, internet, landline, telephone water).

 Application Process

Step 1: Submit a completely filled-out application form with your requirements and payment to any post office.

Step 2: Upon approval of your requirements, proceed to the nearest ID capture station where you will be digitally photographed and fingerprinted.  There are almost 260 ID capture stations nationwide in designated post offices and selected malls.

Step 3: When you complete the ID data capture process, your ID will be delivered to your mailing address.

• Within Metro Manila – approximately 10 to 15 working days
• Island provinces and remote barangays – approximately 4 to 5 weeks.

If you have more questions about the application process and requirements, you may call the PhlPost at the following numbers:

Landlines:

• (02) 7427349
• (02) 2309875

Mobile:

• Globe 0917 5215373
• Smart 0998 8447629
• Sun 0925 3212291

Source:

www.postalidph.com

www.phlpost.gov.ph

List of Valid IDs and Other Reminders for the Voter Registration for 2020 Elections

In our blog last week, we featured the requirements and qualifications to register as a voter for the 2020 Barangay and SK elections.  For those who are asking what IDs and documents are considered valid by the COMELEC, please refer to the list below.

The following IDs are considered valid:

• Employee’s identification card, with the signature of the employer or authorized representative;
• Postal ID;
• PWD Discount ID;
• Student’s ID or library card, signed by the school authority;
• Senior Citizen ID;
• Driver’s license;
• NBI clearance;
• Passport;
• SSS/GSIS ID;
• Integrated Bar of the Philippines (IBP) ID;
• License issued by the Professional Regulatory Commission (PRC);
• Certificate of Confirmation issued by the National Commission on Indigenous Peoples (NCIP) in case of members of ICCs or IPs; and any other valid ID.

Please note that Community Tax Certificate or cedula and PNP clearance will not be honored as valid IDs for registration.

What if I don’t have any of the above IDs?

According to the COMELEC, persons without a valid ID may be identified under oath by any registered voter of the precinct where the applicant intends to register.  Another means to establish a person’s identity is through the identification of a relative up to the fourth civil degree, whether by blood or through affinity.

A registered voter or relative may only identify under oath up to three applicants that do not possess a valid ID.

I transferred to a new address and would like to be a registered voter at my new barangay.

Transfer of registration will also be accommodated at the precincts.  The applicant need only to show valid IDs bearing their new address or proof of billing to support their request for transfer of address.

My name in my Voter’s ID is misspelled. How do I have this corrected?

You may proceed to the registration precinct and present a valid ID showing the correct spelling of your name.  The best documents you can show is your PSA birth certificate or PSA marriage certificate – especially for those who wish to change their last name from their maiden to married last name.

Who are not allowed to register as a voter?

Based on Comelec Resolution No. 10214, the following are disqualified from filing applications for registration:

1. Any person who has been sentenced by final judgment to suffer imprisonment for not less than one year, such disability not having been removed by plenary pardon or amnesty;
2. Any person who has been adjudged by final judgment by a competent court or tribunal of having committed any crime involving disloyalty to the duly-constituted government, such as, rebellion, insurrection, violation of the firearms laws, or any crime against national security unless restored to his (or her) full civil and political rights in accordance with law; and
3. An insane or incompetent person as declared by competent authority unless subsequently declared by proper authority that such person is no longer insane or incompetent.

Hope this additional information helped!

Reference: www.philstar.com

www.comelec.gov.ph

List of Requirements for the Ongoing Registration for the 2020 Barangay and SK Elections

As a continuation of yesterday’s blog, I am sharing with you some important information on what you need to bring and other requirements and qualifications when you register as a voter for the 2020 Barangay Elections.

For SK voters:

You must be at least 15 years old (but not more than 30 years old) on or before the voting date.

For regular voters:

You must be at least 18 years old by May 2020.

For all voters:

1. You must be a resident of the Philippines for at least one year;
2. You must be residing in the barangay for at least six months on or before Election Day.
3. Bring a valid ID like your driver’s license or passport along with two photocopies of the front and back of your ID.
4. You have the option to download the application form from the Commission on Election’s website and fill this out before going to the registration center to save time. (Print 3 copies).
5. Remember that registration is free; no payment is required for voter registration.

Bring your own pen! I hate having to wait until the person before me is done writing before I can begin so to be sure you don’t waste time at the registration center, have a black pen ready in your pocket.  And then again, you can simply fill out your printed application form beforehand, just leave the signature field blank.  You will sign that in the presence of a barangay staff or election officer at the registration center.

See you at the polls next year!

 

Source: www.comelec.gov.ph