CENOMAR (Certificate of No Marriage)

Question:
I have an entry in my CENOMAR (Certificate of No Marriage) that I don't recognize. How can I remove it from my record permanently?

Answer:

What is a CENOMAR?

A CENOMAR, or Certificate of No Marriage Record, is an official document issued by the Philippine Statistics Authority (PSA) that serves as a proof of a person's single or unmarried status. It is often required for marriage license applications and other legal purposes.

How Can Unrecognized Entries Occur?

Unrecognized entries in your CENOMAR could be a result of clerical errors, identity theft, or fraud. These errors should be corrected as soon as possible to avoid legal complications.

Steps to Correct the CENOMAR:

1. Contact the PSA: The first step is to bring the matter to the attention of the Philippine Statistics Authority. They can guide you through the specific procedures for your case.

2. Gather Evidence: Compile all necessary documents that prove the entry is erroneous, such as birth certificates, identification documents, and other legal papers.

3. Affidavit of Denial: You may be required to execute an Affidavit of Denial, stating that you have not contracted any marriage, which is counter to what appears in the CENOMAR.

4. Legal Assistance: Depending on the complexity of your case, you might need to consult a lawyer to guide you through the legal process.

5. Court Petition: In more severe cases where identity theft or fraud is suspected, you may need to file a petition in court to rectify the records. This usually involves a legal process and may require presentation of evidence in court.

6. Follow-up: Keep following up with the concerned agencies to ensure that the corrections have been made.

7. Reissuance: Once the corrections have been finalized, a new CENOMAR can be issued that reflects the accurate information.

Costs Involved:

The cost of correcting a CENOMAR entry can vary depending on the complexity of the issue. Legal fees, court fees, and administrative fees may apply.

Conclusion:

Correcting an erroneous entry in a CENOMAR can be a complex process that might involve multiple steps including legal proceedings. Consult the PSA and consider getting legal assistance to ensure that the corrections are made properly and permanently.

Business registration in the Philippines

Question:
What is the procedure and cost involved in accomplishing business registration in the Philippines?

Answer:

Steps for Business Registration:

1. Business Name Registration: Register your business name with the Department of Trade and Industry (DTI) for sole proprietorships or with the Securities and Exchange Commission (SEC) for partnerships and corporations.

2. Barangay Clearance: Acquire clearance from the local barangay where your business will operate.

3. Mayor's Permit: Apply for a mayor's permit or business permit from the local government unit (LGU).

4. Tax Identification Number (TIN): Register with the Bureau of Internal Revenue (BIR) for your TIN and to comply with tax requirements.

5. Business Bank Account: Open a bank account under your business name.

6. Other Permits: Depending on the nature of the business, additional permits such as from the Food and Drug Administration (FDA), Department of Health (DOH), or the Department of Environment and Natural Resources (DENR) might be needed.

Costs Involved:

1. Business Name Registration: Fees can range from PHP 200 to PHP 2,000 depending on the territorial scope of the business.

2. Barangay Clearance: Usually costs around PHP 500, although fees can vary depending on the barangay.

3. Mayor's Permit: Fees can range from PHP 1,000 to PHP 5,000 depending on various factors such as business location, type of business, and size.

4. BIR Registration: The basic registration fee is PHP 500, and there might be additional costs for documentary stamps and other BIR requirements.

5. Bank Account: Initial deposits for opening a business bank account can range from PHP 1,000 to PHP 25,000 depending on the bank.

6. Other Permits: Cost varies significantly depending on the type of permit and the regulating body.

7. Legal Fees: Should you opt to hire a lawyer for the documentation, fees may vary based on the complexity of your business setup.

Payment Options:

1. Online Payment: Some agencies offer online payment options.

2. Payment Centers: Fees can also be paid at authorized payment centers.

3. Direct to Agency: Direct payments can be made at the respective government agency offices.

Conclusion:

The total cost for business registration in the Philippines can vary widely based on the type, size, and location of your business. It's advisable to budget at least PHP 10,000 to PHP 25,000 for the complete registration process, not including any specialized permits or legal fees. For a precise calculation, it's recommended to consult with professionals or directly with the concerned government agencies.

Cyberbullying in the Philippines

Question:
How does the law address the issue of cyberbullying in the Philippines?

Answer:

Relevant Laws:

1. Cybercrime Prevention Act of 2012 (Republic Act No. 10175): This act criminalizes offenses such as Cyberlibel and Unlawful or Prohibited Acts, which can be relevant to cyberbullying cases.

2. Anti-Bullying Act of 2013 (Republic Act No. 10627): This law mandates all elementary and secondary schools to adopt policies to address bullying, which could extend to cyberbullying if the act was committed through electronic means.

3. Data Privacy Act of 2012 (Republic Act No. 10173): If the cyberbullying involves unauthorized collection and dissemination of personal information, this act can apply.

Reporting Mechanisms:

1. Local Authorities: Victims can file a report with their nearest police station or seek advice from the PNP Anti-Cybercrime Group.

2. Online Platforms: Platforms such as social media websites usually have reporting mechanisms for harassment and abuse.

3. School Authorities: If the bullying is happening within an educational context, reporting to school administrators may prompt them to take action in accordance with Anti-Bullying policies.

Legal Procedures and Consequences:

1. Filing a Complaint: A victim can initiate a legal process by filing a complaint with the appropriate authorities. Evidence such as screenshots, messages, or any other form of record can be useful.

2. Investigation and Charges: Once the complaint is filed, an investigation will ensue. If there is sufficient evidence, the perpetrator may be charged under the relevant laws.

3. Court Proceedings: If the case moves to court, both parties will have the opportunity to present their case. If found guilty, penalties may include imprisonment, fines, or both depending on the severity and the specific provisions violated.

Remedies:

1. Cease and Desist Orders: Legal measures such as cease and desist orders can be issued against the perpetrator.

2. Restraining Orders: In extreme cases, restraining orders can be put in place to protect the victim.

3. Damages: The victim may also be entitled to claim damages for the emotional distress caused by the cyberbullying.

Conclusion:

The Philippines has laws in place to address cyberbullying, and various avenues are available for victims to report and seek redress. It is advisable to consult a lawyer to fully understand one's rights and the most appropriate course of action to take.

Email saying someone filed an estafa case against me - Philippines

Question:
I received an email saying someone filed an estafa case against me. Is there a way to confirm if a case is actually filed against me under Philippine law?

Answer:

Verification from Official Channels:

1. Preliminary Investigation at the Prosecutor's Office: If a complaint for estafa has been filed, it generally initiates a preliminary investigation at the Office of the City or Provincial Prosecutor. You can inquire at the prosecutor's office to verify if a complaint has been lodged against you.

2. Court Records: In case the preliminary investigation proceeds and the case is filed in court, records would be publicly available. You can check with the relevant regional trial court where the case is supposedly filed to confirm.

3. Police Records: The complaint might have been initially filed with the police, and they may have records as well. You can inquire at the nearest police station.

4. Online Databases: Some jurisdictions may offer online portals where you can search for cases filed. However, the information may be limited and not up-to-date.

Consult with a Lawyer:

You should also consult a lawyer who can do these checks for you and can provide advice tailored to your specific situation.

Caution with Unverified Information:

An email notification may not be a reliable source of information. It might be a scam, or it might be a way to intimidate or extort you. If you're sure you haven't committed any acts constituting estafa, treat such emails with caution.

Responding to Summons:

If a case is indeed filed against you, you will typically receive a formal summons either from the prosecutor's office (during the preliminary investigation) or the court. Failure to respond to a legitimate summons may lead to a resolution against your favor or even a warrant for your arrest.

Conclusion:

Confirmation of legal actions filed against you should ideally be made through official channels. Always consult a lawyer to know your rights and obligations, as well as to guide you through the legal process. Be cautious with any unverified information you receive, and act promptly to verify it through reliable means.

Acknowledgment of Paternity Philippines

Question:
The parents are not married, but the husband signed and claimed that the child is his own. Is the child considered legitimate or not under Philippine law?

Answer:

Legitimacy Defined Under Philippine Law:

In Philippine law, legitimacy is a status conferred upon a child born of a valid and subsisting marriage between his or her parents. This status comes with various rights, including the right to bear the surname of the father and the mother, entitlement to inherit intestate, and other rights provided under the Family Code of the Philippines.

Child of Unmarried Parents:

In your situation, where the parents are not married, the child is considered "illegitimate" under Philippine law, even if the father acknowledges paternity. However, the father's recognition confers certain rights and responsibilities upon him and grants specific rights to the child, distinct from those of legitimate children.

Acknowledgment of Paternity:

If the father signs the child's birth certificate and explicitly acknowledges paternity, the child is entitled to use the father's surname and is also entitled to support and possible inheritance, albeit not to the same extent as a legitimate child.

Legal Steps for Acknowledgment:

The acknowledgment of an illegitimate child by the father can be done in various ways under Philippine law:

1. Affidavit of Admission of Paternity: Filed by the father, this is an official statement acknowledging the child as his own.
2. Private handwritten instrument: An acknowledgment made in any private handwritten document is also valid.
3. Birth Certificate: Signing the birth certificate is also a formal way to acknowledge the child.

Subsequent Marriage:

It should also be noted that if the parents marry at a later date, the child can be legitimated by the subsequent marriage, provided that the child was conceived when the parents had no legal impediments to marry each other.

Rights of an Illegitimate Child:

Even though an illegitimate child doesn't enjoy the same rights as a legitimate child, they are still entitled to:

1. Use the surname of their father if acknowledged
2. Receive support from both parents
3. Receive a share from the inheritance, albeit smaller than that of a legitimate child

Conclusion:

In Philippine law, the child in your situation would not be considered "legitimate" since the parents are not married. However, the child does acquire specific rights due to the father's acknowledgment, such as the right to use the father's surname and entitlement to support and inheritance.

It is advisable to consult with a lawyer to understand the full scope of rights and responsibilities in your particular situation.