The Legally Inclined Blog Please go to thelegallyinclined.blogspot.com where all our posts are (old and new). We’re no longer updating this site. Thanks!
Written by lawyers for non-lawyers.E-mail Us
Lets try to keep our wit and definitely keep it clean folks!
Thanks!
14 Comments»
legallyinclined wrote @
We assume you’re emailing re the copyright post. Under R.A. 8293, the following have no copyright protection:
1. any idea, procedure, system method or operation, concept, principle, discovery or mere data as such, even if they are expressed, explained, illustrated or embodied in a work;
2.news of the day and other miscellaneous facts having the character of mere items of press information;
3.any official text of a legislative, administrative or legal nature, as well as any official translation thereof;
4. any work of the Government of the Philippines. (However, prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit);
5. (but no prior approval or conditions shall be required for the use of any purpose of) statutes, rules and regulations, and speeches, lectures, sermons, addresses, and dissertations, pronounced, read or rendered in courts of justice, before administrative agencies, in deliberative assemblies and in meetings of public character.
Hope this helps.
Sean wrote @
I came across a website, “The King James Version (referring to a Bible version) is in the public domain in the United States; you may copy and quote from it without restriction.” http://www.biblegateway.com/help/faq/?id=2#10,
From my understanding, if I am going to distribute its contents, I will not be held liable of infringing copyright. And I am not going to pay any royalty or any other fee on the use of the contents. However, it says there that it is in the United States, does it apply also to our country?
Is my understanding correct?
Thank you.
Sean wrote @
“Any work of the government of the Philippines”, does this include the examinations given by the Professional Regulation Commission?
Thank you.
legallyinclined wrote @
As the King James Version was first published in the 1600’s, the copyright should have already lapsed worldwide. However, it may be that because it was authorized by a king of England, some protection might still exist in favor of the British Crown (which may be perpetual). Still, the protection might likely be only within UK jurisdiction. Thus, we think it is safe to freely quote from the King James Version within Philippine jurisdiction. To be totally safe, its best to inquire with the IPO. Good luck!
legallyinclined wrote @
We think “any work” is general enough and encompasses PRC exams. However, please note the approval requirement if there are profit motives. Again, to be safe, its best to ask the PRC.
gloria c.beronio wrote @
just asking if sesurities and exchange commission will replace lost certificates if concerned corporations would request
legallyinclined wrote @
Are you referring to stock certificates? Please note that it is only the corporation concerned that issues stock certificates. For your further information, below is the relevant procedure for the issuance of lost stock certificates (under the Corporation Code) –
Sec. 73. Lost or destroyed certificates. – The following procedure shall be followed for the issuance by a corporation of new certificates of stock in lieu of those which have been lost, stolen or destroyed:
1. The registered owner of a certificate of stock in a corporation or his legal representative shall file with the corporation an affidavit in triplicate setting forth, if possible, the circumstances as to how the certificate was lost, stolen or destroyed, the number of shares represented by such certificate, the serial number of the certificate and the name of the corporation which issued the same. He shall also submit such other information and evidence which he may deem necessary;
2. After verifying the affidavit and other information and evidence with the books of the corporation, said corporation shall publish a notice in a newspaper of general circulation published in the place where the corporation has its principal office, once a week for three (3) consecutive weeks at the expense of the registered owner of the certificate of stock which has been lost, stolen or destroyed. The notice shall state the name of said corporation, the name of the registered owner and the serial number of said certificate, and the number of shares represented by such certificate, and that after the expiration of one (1) year from the date of the last publication, if no contest has been presented to said corporation regarding said certificate of stock, the right to make such contest shall be barred and said corporation shall cancel in its books the certificate of stock which has been lost, stolen or destroyed and issue in lieu thereof new certificate of stock, unless the registered owner files a bond or other security in lieu thereof as may be required, effective for a period of one (1) year, for such amount and in such form and with such sureties as may be satisfactory to the board of directors, in which case a new certificate may be issued even before the expiration of the one (1) year period provided herein: Provided, That if a contest has been presented to said corporation or if an action is pending in court regarding the ownership of said certificate of stock which has been lost, stolen or destroyed, the issuance of the new certificate of stock in lieu thereof shall be suspended until the final decision by the court regarding the ownership of said certificate of stock which has been lost, stolen or destroyed.
Except in case of fraud, bad faith, or negligence on the part of the corporation and its officers, no action may be brought against any corporation which shall have issued certificate of stock in lieu of those lost, stolen or destroyed pursuant to the procedure above-described. (R. A. 201a)
shoden wrote @
hi! i would just like to know if VAT can still be collected on an item sent as a gift via the postal service. it’s just a digital camera already a year and a half old, but the declared value was 28,000 php when it was new.
what regulations do Customs have to charge accordingly?
thanks.
legallyinclined wrote @
The imported articles are subject to import duty and VAT pursuant to the ff provisions:
1. Section 101. Imported Articles Subject to Duty. — All articles, when imported from any foreign country into the Philippines, shall be subject to duty upon each importation, even though previously exported from the Philippines, except as otherwise specifically provided for in this Code or in other laws. (R.A. 1937, Tariff and Customs Code of the Philippines).
In addition, your digicam does not seem to fall under the exemptions provided in Sec. 105 of R.A. 1937.
2. SEC. 107. Value-Added Tax on Importation of Goods. – (A) In General. – There shall be levied, assessed and collected on every importation of goods a value-added tax equivalent to ten percent (10%) based on the total value used by the Bureau of Customs in determining tariff and customs duties plus customs duties, excise taxes, if any, and other charges, such tax to be paid by the importer prior to the release of such goods from customs custody: Provided, That where the customs duties are determined on the basis of the quantity or volume of the goods, the value-added tax shall be based on the landed cost plus excise taxes, If any.. (RA. 8424, Tax Reform Act of 1997).
Suggest you try to see if the total payment can be negotiated down. Good luck!
Mary wrote @
I have a question reguarding petition procedures. I have gotten invloved in writing a petition to my apartment complex’s land lord in an effort to bring the place up to healthly living conditions. Leaglely, what am I able to do, put in the petition, and what am I, myself, leagley covered by? Am I in violation of anyhting? What laws protect me as a citizen and resident?
legallyinclined wrote @
First of all, we assume you’re here in the Philippines. Next, in writing your petition, you may enumerate all violations of your lease contract (if any) and other complaints you may have. As long as you don’t state anything libelous and just stick to the facts, then you should be fine.
Do you have an association which the residents have set up over the complex? You may even try going to the Housing Land Use Regulatory Board (HLURB) to see if it has jurisdiction over the case. Failing that, you can try to enforce the lease contract in court (in case there are violations).
Good luck!
Iya wrote @
Hi, how about if someone wants to change their whole complete name they are currently using to their real name? what would be the procedures needed to do this legally? Would it be expensive?
the legally inclined wrote @
Please see our post on Correcting minor civil registry errors entitled “What’s in a name”. If the error is not minor nor clerical, you will need to go to court. Costs will include filing fees and attorney’s fees. Shouldn’t be expensive.
The Legally Inclined Blog Please go to thelegallyinclined.blogspot.com where all our posts are (old and new). We’re no longer updating this site. Thanks! 
WHat are those that are considered in the public domain?
thanks