November 7, 2024

About Me (Unfiltered version)

Attystela / November 7, 2024

Hello and welcome here! I thought of writing two (2) About Me pages. One for a more “professional” tone and the other, for this one, which is “unfiltered”. Truth be told, I prefer the unfiltered. However, there are those who prefer the surface level of accomplishments and badges alone and prefer to stay on that level, hence, two pages with one goal. My name is Stela Benitez. Sometimes I’m called “Attorney Stela,” “Attorney S,” or simply Stela (with a single “L”). I have a number of things on my mind—planning on how to introduce myself here in a succinct, not-so-boring manner and even asked ChatGPT for help but I’d like this to be 100% written by me and reflect 100% of me. Please feel free to reach out and let me know of your feedback later. Here goes: Hello! Welcome to AttyStela.com. I’m Stela—a lawyer by profession and a technology enthusiast by passion. My career has spanned an array of fascinating domains, reflecting a journey that is anything but ordinary. I earned my Bachelor of Arts in Political Science in 2011 and soon after, I embarked on a rigorous path, balancing a full-time job, a part-time gig, and full-time law studies, culminating in my graduation with a Juris Doctor degree. Currently, I am pursuing my LLM in Innovation, Technology, and the Law at the University of Edinburgh Law School. Professional Life My career kicked off in the HR world, where I thrived in the dynamics of hiring, training, and, yes, sometimes the tough decisions of firing. Labor relations. I reveled in the complexities of people—shaping a workplace that fosters growth and understanding. This curiosity and drive to advocate for people’s rights and protect them led me into the realm of Data Privacy, navigating the intricate landscapes of the Data Privacy Act and GDPR. Today, as an attorney, I delve into criminal, commercial, and tech law, constantly exploring new fields and challenges. Where I Stand Now Currently, I’m wearing three hats: HR professional, Data Privacy Professional, and Legal Counsel for a private company. I am also doing consulting work. Together with some brilliant human beings, we’re on a mission to propel technology forward in the Philippines, particularly in enhancing public service and helping others. It’s a thrilling ride, blending law, technology, and human resource management to pave the way for innovation. What I Believe In At the core of my professional and personal life are two pillars—utmost confidentiality and unwavering integrity. These values guide every decision I make and every action I take. Beyond Work When I’m not immersed in research or keeping myself occupied with things to learn (AI, data privacy, tech, and legal developments), you will find me capturing the world through my lens or dabbling in digital design. Yes, I’m a bit of a nerd. Not a 100% certified nerd yet, I guess. We will get there. Anyone who is close to me knows that I tend to “rabbit hole” in things that catch my attention. I would like to think that I am an information sponge but that is a self-serving statement, of course. Recently, I’ve taken a plunge into the world of diving, exploring the depths of the sea and the depths of my own resilience. On Why This Website Came To Be The need to share: I grew up with my grandmother, who practically raised me and sent me to school. We didn’t come from money. However, one of the things my grandmother inculcated in my mind is that education is of paramount importance and that it is one of the things, apart from dignity and integrity, that will never be taken away from you.When I was in high school, we had to pay 600 PHP or around 12 USD school fees every end of the school year to take the finals. I remember there were several times I cried because it was a struggle to even afford it. It was for education. And I knew and still know (because it is still a fact today) that there are a lot of Filipinos who struggle to make ends meet. What more for their legal woes? I managed to make something beautiful out of my life. Hence, number #2— The need to pay it forward: I created this website in the hope of helping you and other people find the answers you are looking for. I pray that in one way or another, I can shed some light on your cause/causes without you having to pay a hefty sum. That being said, I accept questions or inquiries here and try to answer them as much as I can out of public service. I read your questions or inquiries and analyze them based on the given facts. Emphasis on given facts. I go the extra mile of researching them when need be. This is one of the ways I am paying it forward. In Summary Whether it’s navigating the complexities of law, advocating for technological advancements, or capturing life’s moments through photography, my journey is about continual growth and exploration. I live by a simple ethos: be passionate, be curious, be genuine, and always act with integrity. What’s Cooking In December 2024, I am inspired to initiate a heartfelt journey—a campaign of compassion aimed at supporting the elderly, the orphaned, and the abandoned within our community. Too often, these vulnerable groups are overlooked and left to face hardships alone. It is our collective responsibility to extend a hand of support and remind them that they are valued and cherished. To make this vision a reality, I am currently setting up convenient donation options via (PayPal, Cashapp, and GCash). This will enable us all to contribute easily and make a tangible difference in the lives of those who need it most. Your generosity can light up the lives of countless individuals, offering them hope and assistance in their times of need. To join as a donor/benefactor, please visit this link. I invite you to join me in this noble cause. Together, let’s bring

Personal Corner

Setting Boundaries with Love: A Personal Reflection

Attystela / November 7, 2024

This post is deeply personal to me, and it belongs right here in the “Personal Corner” of this website. It’s a tiny corner, but it’s where I feel safe to share the lessons life is teaching me. The past two days have been a whirlwind of emotions, with a little chaos thrown into the mix by family dynamics that left me both drained and reflective. I had to stand my ground, establish my boundaries, and be firm about it, even though my heart ached in the process. Story Time: The Challenge of Saying No ☕ Last week, my cousin—let’s call him Ron—reached out to me. He asked if he could stay at my place while he looked for an agency to help him return abroad for work. He also needed time to find a dorm or a place to stay. For some context, I grew up in Mindanao, just like Ron. I moved to Manila in early 2015 to prepare for the Bar Exams, and since then, I’ve been living here on my own, working and studying. My independence here has been hard-won, and I cherish the space I’ve created for myself. So, when a relative asks for help, I naturally want to assist in any way I can. But this time, I had to say no. I told Ron, honestly and gently, that I don’t have any space in my apartment right now. I don’t have a spare room or even a corner to offer. I sent him a voice message explaining this, and I also offered to take him out to dinner or show him around Manila once he arrived. He responded positively, and everything seemed fine. That was last week. Then Monday came. I woke up to three missed calls and several text messages. Ron had arrived in Manila, and without any further discussion, he assumed he would be staying at my place while he looked for a boarding house and an agency. The messages started from 5 AM, but I didn’t see them until after 2 PM because I’ve had my Facebook and Messenger notifications disabled since law school. When I finally saw the messages, I felt a mix of confusion and concern. My aunt had also messaged, thanking me for letting Ron stay with me, assuming that I had agreed to it. I immediately called her to clarify. I explained that I had already told Ron I couldn’t accommodate him. Despite my clear communication, my aunt felt hurt by my decision. I was saddened by her reaction, but my decision remained firm. Boundaries are necessary, even when they cause discomfort. The Struggle Between Heart and Reason Later, I reached out to Ron. He explained that there was a misunderstanding—his mother thought I had agreed to let him stay if he bought a temporary bed. While I was relieved that the situation was resolved (he was now staying at his uncle’s place), the entire ordeal left me emotionally drained. It’s never easy to say no, especially to family. The weight of “utang na loob”—a deep sense of gratitude and indebtedness in Filipino culture—can make it even harder. I recalled a time when I had to rely on my aunt’s generosity, and I’ve always tried to show my gratitude in return. But this time, I couldn’t say yes, and it broke my heart that my aunt was hurt by my decision. Seeking clarity, I spoke to my mentor about the situation. He reminded me of the complexities of our culture, where family ties and obligations run deep. But he also shared a profound truth: “There is no reason to feel guilty for establishing a boundary. It’s okay to feel sad about it, but don’t let guilt take root when your reasons are valid.” Boundaries are not walls; they are guidelines for how we want to be treated. They are essential for maintaining our well-being and protecting the space we’ve worked hard to create. Saying no doesn’t mean you don’t care—it means you respect both yourself and the other person enough to be honest. A Lesson in Self-Respect This experience taught me that setting boundaries is an act of self-respect, not selfishness. It’s a way to honor your own needs while still caring for others. It’s okay to feel the sadness that comes with it, but it’s also important to recognize that sometimes, saying no is the most loving thing you can do—for yourself and for those you care about. As I move forward, I carry this lesson with me: that it’s possible to be both firm and compassionate, to say no with love, and to trust that those who truly care for you will understand. “Boundaries are not just about keeping others out; they are about protecting what’s sacred within.” With best wishes, Atty. Stela or Stela

How to Accelerate Your Career: The 5-Year Vision

Attystela / November 7, 2024

Many people feel uncertain about their future career direction. They often wander through their professional lives without a clear roadmap, hoping to eventually find success. However, there is a powerful strategy you can use to take control of your future and accelerate your career: the 5-Year Vision. This technique, championed by Debbie Millman, is a simple but effective exercise that will help you visualize your ideal life and career five years from now, and guide you in making the right decisions to turn that vision into reality. Step 1: Preparation Time Required: At least 30 minutes Materials Needed: Pen and paper or a digital note-taking app Start by giving yourself the gift of time. Set aside at least 30 minutes where you can be undisturbed. Grab a pen and paper, or… if you prefer, open a blank note on your device. This dedicated time is crucial, as it allows you to deeply reflect and connect with your desires. Step 2: Imagine Your Life 5 Years from Now Imagine that it is August 12, 2029—exactly five years from today. Visualize this day in as much detail as possible. Write down everything about this day, from the moment you wake up to the moment you go to sleep. Be specific and let your imagination run wild. Don’t hold back—dream big! Key questions to consider: Where are you living? Who are you waking up next to? What does your house look like? What time do you start work? What’s on your calendar that day? Who are you working with? What is your salary? How do you feel about your job? What is your health like? How often do you travel? Step 3: Revisit and Refine Your Vision The real power of this exercise lies in repetition and refinement. Schedule time every six months to re-read what you wrote. Put a reminder in your calendar now to revisit your vision. As you grow and learn more about yourself, add more details. Each time you re-read and refine your vision, you bring it closer to reality. Why This Works When you can see your future in crisp detail, you’ll subconsciously move towards it every day. You’ll make micro-decisions over time that keep nudging you in that direction. It’s like setting a destination in Google Maps rather than wandering aimlessly. You’ll know exactly where to turn when you’re at an intersection. Conclusion You might be surprised by what comes out on your paper. We rarely let ourselves dream this honestly and freely, but this exercise is about giving yourself permission to want exactly what you want. Keep writing until you have nothing left to say—until no other desires remain. By committing to this practice, you’ll begin to see your future more clearly and start to take the steps necessary to achieve your dreams. Your career and your life will start moving in the direction you’ve always wanted, faster than you ever thought possible.

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How I Don’t Do Work-Life Balance

Attystela / November 7, 2024

This post is a reflection on how I navigate the complexities of work and life, and it belongs right here in the “Personal Corner” of this website. It’s a small space, but it’s where I feel free to share my thoughts, unfiltered and honest. The Myth of Balance Over the years, I’ve come across countless articles, workshops, and conversations about achieving the perfect work-life balance. It’s an appealing concept—a harmonious equilibrium where work and life coexist without friction. But I’ve realized something about myself: I don’t do balance. Not in the way it’s typically presented, at least. For me, life isn’t about maintaining a precarious balance; it’s about embracing the ebb and flow, the push and pull of different aspects of my life. There are seasons where work takes the lead, consuming my time and energy, and there are moments when life demands my full attention, pulling me away from professional obligations. And you know what? That’s okay. Story Time: The Season of Overcommitment ☕ Last month, I found myself at a crossroads. My workload was increasing, and opportunities I’d been waiting for were finally coming to fruition. At the same time, my personal life was bubbling with activity—family gatherings, friendships needing nurturing, and personal goals I had set aside for too long. I tried to juggle it all. I said yes to every project, every social invitation, every personal challenge. I wanted to do it all, to have it all. But as the days turned into nights of little sleep and the stress began to build, I had to confront a hard truth: I was overcommitted, and it was starting to take a toll. I couldn’t really sleep well at night and waking up in the morning was also challenging. A lot of things to do and a lof of things on my mind. Journaling and meditation help, yes. However, it didn’t solve everything. One evening, after a particularly exhausting day, I sat down and asked myself a question that I had been avoiding: “What am I doing this for?” The answer wasn’t simple, but it was necessary. The Reality of Prioritization In that moment of exhaustion, I realized that I had been chasing an ideal that doesn’t exist—not for me, at least. The idea that I could give 100% to every area of my life simultaneously was a myth, a trap that led me to overextend myself until I had nothing left to give. I had to make a choice. And that choice wasn’t about finding balance; it was about setting priorities. I looked at everything on my plate and made the difficult decision to let some things go, to say no where I needed to, and to allow myself the grace to not have it all figured out. The Struggle Between Expectations and Reality This decision wasn’t easy. Like many of us, I’ve been conditioned to believe that success means excelling in every area of life—career, relationships, personal growth—all at the same time. But the reality is that there are times when one aspect of life will take precedence over others, and that’s okay. When I let go of the need for balance and instead focused on what truly mattered to me in that season, I found a sense of peace. I wasn’t failing; I was making a conscious choice to prioritize what was most important to me at that moment. A Lesson in Self-Acceptance What I’ve learned is that life isn’t about achieving a perfect balance; it’s about navigating the tides. It’s about recognizing when you need to pour more of yourself into your work, and when you need to pull back and focus on your personal life. It’s about being okay with the fact that you can’t do it all, all the time. By letting go of the pressure to balance everything perfectly, I’ve found a more authentic way to live—a way that honors the natural ebb and flow of life. It’s not about balance; it’s about being present and intentional with where I invest my energy. As I move forward, I carry this lesson with me: that it’s okay not to do it all, that it’s okay to prioritize, and that sometimes, the most balanced thing you can do is to embrace the imbalance and trust yourself to navigate through it. “Life is not about finding balance; it’s about finding your rhythm and dancing to it.” Cheers to your rhythm and dancing to it 🥂 With best wishes, Atty. Stela or simply, Stela

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Terms of Use

Attystela / November 7, 2024

Terms of Use Last updated: August 25, 2024 1. Acceptance of Terms Welcome to AttyStela.com (“Website”). By accessing, browsing, or using this Website, you agree to comply with and be bound by the following terms and conditions (“Terms of Use”). If you do not agree with these Terms of Use, please do not use this Website. 2. Changes to Terms We reserve the right to update or modify these Terms of Use at any time without prior notice. Any changes will be effective immediately upon posting. Your continued use of the Website following the posting of changes constitutes your acceptance of such changes. 3. Use of the Website You may use the Website for lawful purposes only. You agree not to use the Website in any way that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. 4. Intellectual Property Rights All content on the Website, including but not limited to text, graphics, logos, images, and software, is the property of AttyStela.com or its content suppliers and is protected by intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any of the content on the Website without our prior written consent. 5. Courses and Digital Products Purchases: By purchasing a course or digital product from our Website, you agree to pay the specified fees. All sales are final, and refunds are only provided as specified in our refund policy. License: Upon purchase, we grant you a limited, non-exclusive, non-transferable license to access and use the course or digital product for personal, non-commercial purposes. You may not share, distribute, or resell any course materials or digital products. Access: Access to purchased courses and digital products will be provided through the Website. We reserve the right to modify or discontinue any course or digital product without prior notice. 6. Services for Sale Service Terms: When you purchase services through our Website, you agree to comply with the specific terms and conditions associated with each service, which will be provided at the time of purchase. Payments: Payments for services must be made in full before the commencement of the service unless otherwise agreed upon in writing. All payments are non-refundable except as outlined in our refund policy. Client Responsibilities: You agree to provide accurate and complete information required to deliver the services. Failure to do so may result in delays or termination of services without a refund. 7. User Accounts To access certain features of the Website, you may be required to create a user account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. 8. Refund Policy Refunds for courses, digital products, and services are only available as specified in our refund policy. Refund requests must be made within the timeframe specified in the policy. We reserve the right to refuse a refund request if it does not meet the policy criteria. 9. Limitation of Liability In no event shall AttyStela.com, its affiliates, or their respective officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Website, courses, digital products, or services, even if advised of the possibility of such damages. 10. Disclaimer of Warranties The Website, including all content, courses, digital products, and services, is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. We do not warrant that the Website will be uninterrupted or error-free, or that any defects will be corrected. 11. Indemnification You agree to indemnify, defend, and hold harmless AttyStela.com, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of the Website, courses, digital products, or services, or your breach of these Terms of Use. 12. Termination We reserve the right to terminate or suspend your access to the Website, courses, digital products, or services, without notice, for conduct that we believe violates these Terms of Use or is harmful to other users, us, or third parties, or for any other reason in our sole discretion. 13. Governing Law These Terms of Use shall be governed by and construed in accordance with the laws of the Philippines, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Makati City Philippines exclusively, for the resolution of any disputes arising out of or relating to these Terms of Use or your use of the Website. 14. Entire Agreement These Terms of Use, together with our Privacy Notice and any other policies posted on the Website, constitute the entire agreement between you and AttyStela.com concerning your use of the Website, courses, digital products, and services, and supersede all prior agreements or understandings, whether written or oral, regarding the same. 15. Contact Information If you have any questions about these Terms of Use, please contact us at: Email: info@attystela.com

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LinkedIn Asked: Your innovative project is facing delays and challenges. How will you navigate the expectations?

Attystela / November 7, 2024

First off… I think this topic will resonate to those professionals (and even students) who face “due dates”. I encountered this question on LinkedIn: Your innovative project is facing delays and challenges. How will you navigate the expectations? Here’s my thoughts: Facing delays and challenges in an innovative project is always difficult, especially when expectations are high. Here’s how I would navigate this situation: First, I would acknowledge the challenges openly and transparently with all stakeholders involved. Communication is key; it’s important to convey that while the project is encountering some obstacles, these are not uncommon in the development of groundbreaking ideas. I would ensure that everyone understands the root causes of the delays—whether they be technical, resource-related, or due to unforeseen external factors—and what measures are being taken to address them. Next, I would emphasize the long-term vision and the importance of quality over speed. Innovation requires careful consideration and sometimes necessitates slowing down to ensure that the end product or solution is as impactful and effective as envisioned. I would reiterate the project’s value proposition and how overcoming these challenges will ultimately contribute to a more robust and successful outcome. I would also pivot to problem-solving mode, outlining a revised timeline and any adjustments to the project plan. This includes identifying any additional resources or support that may be needed, re-aligning team efforts, and possibly re-scoping certain aspects of the project to maintain momentum without compromising on core objectives. Throughout, I would keep a close eye on morale, ensuring that the team remains motivated and supported. Celebrating small wins and maintaining a positive, solution-oriented mindset will be critical to navigating this period effectively. Finally, I would frame this as an opportunity to learn and grow, both for myself and the team. Challenges are part of the innovation process, and how we respond to them can set the stage for future success. By remaining focused, adaptable, and committed to the project’s vision, I’m confident that we can turn these challenges into stepping stones towards achieving our goals. How about you? How do you navigate the expectations when you are faced with delays? With best wishes, Stela

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Legal and Financial Obligations of a Married Man Who Fathers a Child with a Single Woman in the Philippines

Attystela / November 7, 2024

“Naka buntis? Ano ang obligasyon?” “Kung may-asawang lalaki ang nakabuntis ng isang dalagang babae, ano ang mga legal at pinansyal na obligasyon niya habang buntis ang babae, sa panganganak, at pagkatapos (tulad ng edukasyon, kalusugan, at iba pa)?” “If a married man got a single woman pregnant, what are his legal and financial obligations during the pregnancy, birth, and after (such as education, health, etc.)?” Legal and Financial Obligations of a Married Man Who Fathers a Child with a Single Woman in the Philippines In the Philippines, when a married man fathers a child with a single woman, several legal and financial obligations arise, which extend throughout the pregnancy, birth, and the child’s life. These obligations are grounded in various provisions of Philippine law, notably in the Family Code, the Revised Penal Code, and pertinent jurisprudence. This article seeks to explore these obligations in detail, offering specific examples and citing relevant laws to provide a comprehensive understanding. Legal Obligations During Pregnancy The legal obligations of the father during the pregnancy primarily revolve around ensuring the welfare of the mother and the unborn child. The father may be required to provide financial support to cover medical expenses, prenatal care, and other necessities that the mother may need during this period. This obligation stems from the principle that a father is responsible for the wellbeing of his child, even before birth. Support During Pregnancy Under Article 195 of the Family Code of the Philippines, the obligation to support extends to “illegitimate children” and “parents and their children, legitimate or illegitimate.” Hence, even if the child is conceived out of wedlock, the father is legally bound to support the child from conception. This includes providing financial assistance for medical check-ups, vitamins, and other pregnancy-related needs. For instance, if the pregnant woman requires hospitalization due to pregnancy complications, the father is legally obligated to shoulder or contribute to these medical expenses. Failure to provide such support may lead to legal consequences, including a court order mandating financial support. Legal Obligations at Birth Upon the birth of the child, the father’s obligations become even more defined. These obligations include registering the child’s birth, providing for the child’s needs, and potentially acknowledging the child legally. Birth Registration and Acknowledgment According to Article 174 of the Family Code, an illegitimate child shall use the surname of the mother unless the father acknowledges the child and consents to the use of his surname. This acknowledgment can occur at the time of birth registration. However, acknowledgment of an illegitimate child does not grant the child the same status as a legitimate one; the child remains illegitimate, but the father assumes certain responsibilities, including support and inheritance rights. For example, if a married man fathers a child with another woman and wishes to acknowledge the child, he must sign the birth certificate. This act of acknowledgment, while not conferring legitimacy, ensures that the father’s name appears on the child’s birth certificate, establishing a legal connection and corresponding obligations. Financial Obligations After Birth The financial obligations of the father extend well beyond birth. These obligations cover basic needs, education, health, and even inheritance. Support for the Child Article 195 of the Family Code also requires that the father provide support for the child after birth. This support includes basic necessities such as food, shelter, clothing, education, and medical care. The amount of support is generally determined by the child’s needs and the father’s financial capacity. For example, if the child requires monthly medical check-ups, school fees, and daily sustenance, the father is obligated to contribute to these expenses. If the father refuses or neglects to provide support, the mother can file a petition for support before the court. The court can then issue a support order, compelling the father to provide the necessary financial assistance. Education and Healthcare The father’s financial obligations also extend to the child’s education and healthcare. Under Article 194 of the Family Code, support includes “everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family.” Therefore, the father must ensure that the child has access to quality education and healthcare services. For instance, if the child is attending school, the father must provide funds for tuition fees, school supplies, and other educational expenses. Similarly, if the child falls ill, the father must bear or contribute to the costs of medical treatment and hospital bills. Legal Consequences of Non-Compliance Failing to meet these obligations can lead to serious legal consequences for the father. The mother or guardian of the child may file a petition for support in the Family Court, leading to a court order that mandates the father to provide the necessary support. If the father disobeys this court order, he can be held in contempt of court, which may result in fines, imprisonment, or both. Additionally, under Republic Act No. 9262, also known as the “Anti-Violence Against Women and Their Children Act of 2004,” the father can be held criminally liable for economic abuse if he deliberately deprives the child of financial support. Economic abuse includes the withdrawal of financial support or preventing the mother from accessing the child’s basic needs. Inheritance Rights Illegitimate children are entitled to inherit from their biological father. Under Article 887 of the Civil Code, illegitimate children are considered compulsory heirs, albeit they are entitled to only half of what legitimate children would receive. This means that if the father passes away, his illegitimate child is entitled to a portion of his estate, regardless of whether the child was acknowledged during the father’s lifetime. For example, if a married man dies leaving both legitimate and illegitimate children, the latter is entitled to an inheritance share equivalent to half of what each legitimate child receives. If the father has no legitimate children, the illegitimate child may inherit a larger portion, as dictated by the laws of succession. Practical Considerations and Conclusion In dealing with such sensitive situations, it is crucial

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A Lesson in Empathy and Communication

Attystela / November 7, 2024

Understanding Strong-Willed Children: A Lesson in Empathy and Communication I recently came across a video where a psychologist discussed the nature of strong-willed children and how best to “handle” them. The term “strong-willed” often conjures up images of stubbornness and defiance, traits that many parents and educators view as challenging or even troublesome. Yet, the psychologist offered a refreshing perspective: strong-willed children should not be approached with confrontation or dismissed simply because their views differ from ours. Instead, they should be engaged in reasonable conversations, no matter how long these discussions might take. The underlying message was clear: strong-willed children are often intelligent thinkers who deserve to have their thoughts and feelings respected. This approach resonated with me deeply, especially considering my own experiences growing up. I often found myself at odds with the people around me, feeling misunderstood and isolated because my views didn’t align with theirs. Reflecting on those experiences, I now see the importance of the psychologist’s advice: when we take the time to engage in meaningful conversations with strong-willed individuals, we not only validate their intelligence but also nurture their ability to think critically and independently. Reasonable Conversations The psychologist emphasized that when dealing with strong-willed children, it’s crucial not to confront them aggressively or dismiss their ideas outright. Doing so can lead to a power struggle that often leaves both parties frustrated and disconnected. Instead, she suggested having reasonable conversations—no matter how long they take—to explain the reasoning behind your views. This approach isn’t about winning an argument but about fostering understanding and mutual respect. This method of engagement is supported by research in child psychology. A study published in the Journal of Experimental Child Psychology found that children who are allowed to express their opinions and engage in discussions with adults tend to develop stronger problem-solving skills and a greater sense of autonomy. These children are also more likely to internalize the values and lessons being taught, as opposed to simply following rules out of fear of punishment or desire for approval . Growing Up Different: My Personal Experience Growing up, I often felt like an outsider. My views were different from those of the people around me, and I knew it. While my cousins and classmates had the stability of complete families and attentive parents, my upbringing was different. I lived with my grandmother, and I was told that my father was “nalumos sa sabaw sa tinola” a.k.a drowned in soup [something]. It was some kind of a “joke” (well probably a mockery if I am being honest… of someone or for someone whose father is absent). I did not and still do not take it personally though. Because to be very blunt (okay, you can call me abnormal or unusual at this point), it didn’t matter and still doesn’t matter to me — I was content and happy that I had my grandma. I was and still am very lucky I was raised by the kindest person I’ve ever known on Earth. I wouldn’t trade it for any other way. For some reason though, some of my aunts, uncles, and even some of my adult cousins would frequently remind me of my circumstances, subtly implying that I was lacking in some fundamental way. This sense of being different was compounded by an experience I had in Grade 3 or Grade 4, an experience that still lingers in my memory. During a religion class (Catholicism), I asked a question that had been puzzling me: “What does it mean that God is one but has three personas? Does that mean He is actually three but acts as one?” My question was genuine, born out of a child’s curiosity and desire to understand a concept that didn’t quite make sense to me. Instead of receiving an answer, I was made to stand in class while my teacher diverted the topic entirely. She asked me, in front of all my classmates, “Do you know that you are an illegitimate child? Your mom and dad had you while out of wedlock. You do not have a father now. You were born out of sin. You had to be baptized to cleanse you of your sin.” At the time, I didn’t fully understand what “illegitimate” meant. My mind focused instead on the latter part of her statement: that I had been baptized because I was a sinner when I was born. Confused and still standing, I asked, “I was baptized because I was a sinner when I was born? I am still a sinner now, I think. Aren’t all people who are Catholic needed to be baptized? Because they are also sinners? Just like you, just like me?” (Side comment: Oh dear… I had a knack for making people irate… or should I say uneasy? I can’t really put it into one adjective 😅) The ire in her stare was unmistakable, but I wasn’t trying to be defiant—I was genuinely seeking an answer. The experience left me with more questions than answers, and for years afterward, I kept wondering: why did she tell me I was an illegitimate child? What was the point of making that distinction in front of the class? Was it to educate me and my classmates that I was somehow different, or was it meant to label me as a particular kind of sinner—one that was “special” in some unfortunate way? The Power of Empathy and Understanding Looking back, I realize that the religious teacher’s response was not an example of the reasonable conversation that the psychologist in the video advocated. It was a missed opportunity to engage with a curious child in a meaningful way. Instead of fostering understanding, it created confusion and a sense of alienation. In contrast, the psychologist’s approach encourages us to engage with strong-willed children—or anyone who challenges our views—with empathy and understanding. By taking the time to listen and explain our reasoning, we not only validate their intelligence but also help them develop critical thinking skills and a deeper understanding of the world around them.

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How to Post Bail in the Philippines: A Step-by-Step Guide (Paano Mag-Piyansa)

Attystela / November 7, 2024

In the Philippines, when a person is charged with a criminal offense, they may be entitled to temporary freedom while awaiting trial through the process of posting bail. Bail is a legal mechanism that allows the accused to be released from custody, ensuring their presence during court proceedings. This guide provides an informative and hopefully easy-to-understand overview of the bail process in the Philippines, including eligibility, types of bail, and the steps involved in posting bail. I. What is Bail? RULE 114 of the Rules of Court defines bail as follows: SECTION 1. Bail defined. — Bail the security given for the release of a person in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before any court as required under the conditions hereinafter specified. The rule is — one can only apply for bail when that person is in custody of the law. When does one consider to be in the custody of the law? When someone is arrested, it means that the person is placed in custody so that he may be bound to answer for the commission of an offense. As a basic rule in criminal procedure, the arresting officer has to deliver the arrested person to the nearest police station or jail without unnecessary delay. Now, bail or “pyansa” can be a sum of money or property deposited with the court to secure the temporary release of an accused individual. It acts as a guarantee that the accused will attend all court hearings and comply with the conditions set by the court until the resolution of the case. If the accused fails to meet these obligations, the bail amount may be forfeited. Bail is guaranteed by Section 13, Article III of the 1987 Philippine Constitution, and it states: “SECTION 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.” In People of the Philippines vs. Manuel Escobar, G.R. No. 214300, 26 July 2017, the Supreme Court unequivocally stated that the right to bail is cognate to the fundamental right to be presumed innocent. II. Eligibility for Bail In the Philippines, most accused individuals are eligible for bail, except in cases where the offense is punishable by life imprisonment (reclusion perpetua) and the evidence of guilt is strong. The court determines bail eligibility based on several factors, including the nature of the crime, the accused’s criminal history, and the likelihood of their appearance at trial. III. Types of Bail in the Philippines There are three main types of bail in the Philippines: 1. Cash Bail: The accused or their representative pays the full bail amount in cash to the court. This amount is refundable if the accused complies with all court conditions. 2. Property Bond: Real estate or other valuable property is offered as collateral. The court must approve the property, and the value is determined through an appraisal process. 3. Corporate Surety Bond: A bonding company posts bail on behalf of the accused, subject to the court’s approval. The bonding company must be accredited by the Supreme Court Minimum Requirements for Bail Under OCA Circular No. 204-2022-AA Source: https://oca.judiciary.gov.ph/wp-content/uploads/2022/11/OCA-Circular-No.-204-2022-AA.pdf NOTE: This is the “minimum” requirement for posting bail. In other words, there could be more depending on the case. So, please contact or go to the respective court to ask for the “list” because that should be the “complete” list. For Cash Bail Certified True Copy or Official Court Copy of the Information; Four (4) sets of the accused’s picture showing his/her front, left and right profiles, with the name and signature of the accused at the back of each picture; Accused’s left and right handprints; Barangay Certification intended for bail purposes, reflecting accused’s real name and residence; Location plan or house sketch of the accused as certified by the barangay; In case the accused is detained, Certificate of Detention showing the name, designation and signature of the personnel authorized to issue the said certificate where accused is detained; Accused’s notarized Undertaking and Waiver of Appearance in accordance with Rule 114 of the Revised Rules of Criminal Procedure; and Bail amount recommended or imposed by the Court (Re #8) In case the Information states “Bail Not Required,” “Bail is Not Necessary” or “No Bail is Recommended,” or the bail imposed is more than or different from that which was recommended in the Information, certified copy of the Order stating the amount of the bail. For Property Bond Photocopy of the Certificate of Accreditation and Authority issued by the Court Administrator containing the photograph of the authorized agent (after presentation to the Clerk of Court of the original as Copy of the Certificate of Accreditation and Authority containing the photograph of the agent), with the following attached documents: ✅ Certified copy of a valid Certificate of Accreditation and Authority issued by theOffice of the Court Administrator;✅ Proof of payment of legal fees under the Rules of Court and the documentary stamp tax (thirty centavos [P0.30] on each four pesos [P4.00] or fractional part thereof, of the premium charged;✅ Secretary Certificate containing the specimen signatures of the agents authorized to transact business with the courts. Four(4)sets of photographs of the accused; Original Waiver of Appearance of accused under oath; Original Certificate of Detention; Certified True Copy or Official Court Copy of the Information; and Certification from the Barangay Captain attesting to the real name of the accused, his actual residence in the barangay, and attaching a location plan showing the residence of the accused. For Corporate Surety Bond Transfer Certificate of Title of the property; The real property’s latest Tax Declaration; and, All the documentary requirements under Cash Bail (See “A” above) IV. Step-by-Step Guide to Posting Bail Posting bail in the Philippines involves several steps, each of which must

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How to File a Small Claims Case in the Philippines: Step-by-Step Guide 2024

Attystela / November 7, 2024

Today, we are diving into the updated process of filing a small claims case in the Philippines. Whether you’re a law student, a professional, or just someone seeking justice, this guide is for you. We’ll take you through the journey of Mr. Pedro, who had to file a small claims case against Mr. Juan to recover a debt. I aim to have this discussion as simple as possible so I will be giving a sample scenario below (Mr. Juan and Mr. Pedro): Meet the Characters Mr. Pedro (Creditor) a.k.a ang inutangan: A hardworking individual who lent ₱150,000 to his friend, Mr. Juan, to help with a personal emergency.Mr. Juan (Debtor) a.k.a, yung nangutang: A friend who borrowed money but has been unable to repay the debt. Naningil si Mr. Pedro, nag demand pa nga… unfortunately, the debtor Mr. Juan was unable to pay. Mr. Pedro then decided to file a small claims case to recover the money he lent. If you find yourself in Mr. Pedro’s shoes, here’s what you need to do: Step 1: Understanding Small Claims Cases and Verifying Eligibility What is a small claim? A “small claim” is an action that is purely civil in nature where the claim or relief raised by the plaintiff is solely for the payment or reimbursement of a sum of money. It excludes actions seeking other claims or reliefs aside from payment or reimbursement of a sum of money and those coupled with provisional remedies. The claim or demand may be:(a) For money owed under any of the following: Contract of Lease; Contract of Loan and other credit accommodations; Contract of Services; or Contract of Sale of personal property, excluding the recovery of the personal property, unless it is made the subject of a compromise agreement between the parties. (b) The enforcement of barangay amicable settlement agreements and arbitration awards, where the money claim does not exceed One Million Pesos provided that no execution has been enforced by the barangay within six (6) months from the date of the settlement or date of receipt of the award or from the date the obligation stipulated or adjudged in the arbitration award becomes due and demandable, pursuant to Section 417, Chapter VII of Republic Act No. 7160, otherwise known as The Local Government Code of 1991. Eligibility: Under the Rules on Expedited Procedures in the First Level Courts, Small Claims Cases where the claim does not exceed One Million Pesos exclusive of interest and costs fall under the jurisdiction of Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, and the Municipal Circuit Trial Courts. Since in our scenario above, the amount involved is only ₱150,000.00, it is well within Small Claims threshold amount. Step 2: Prepare the Required Documents You will need the following: Statement of Claim (Form 1-SCC): This form outlines the details of your claim, including the amount and the reason for the claim. Certification Against Forum Shopping: This certifies that you have not filed any other cases involving the same issue. Supporting Documents: These include any evidence supporting your claim, such as receipts, promissory notes, and demand letters. Verification and Certification of Non-Forum Shopping: A sworn statement affirming that you are not engaging in forum shopping. Step 3: Filing the Case Submit the completed forms and supporting documents to the Clerk of Court of the appropriate Metropolitan Trial Court (MeTC), Municipal Trial Court in Cities (MTCC), Municipal Trial Courts (MTC), or Municipal Circuit Trial Courts (MCTC). Step 4: Payment of Filing Fees Pay the necessary filing fees at the court’s cashier. If you are unable to afford the fees, you may file a motion to sue as an indigent (Form 6-SCC), subject to approval by the Executive Judge. Step 5: Service of Summons The court will issue a Summons and Notice of Hearing to Mr. Juan. The Summons will be served by the sheriff or a court officer within 10 calendar days. Step 6: The Preliminary Conference Both parties will be required to attend a Preliminary Conference. During this conference, the court will attempt to mediate and possibly resolve the dispute amicably. If mediation fails, the court will proceed with the judicial dispute resolution. Step 7: Submission of Position Papers If necessary, the court may require both parties to submit position papers within 10 calendar days. These papers should outline your arguments and evidence in detail. Step 8: Rendition of Judgment The court will render its judgment within 30 calendar days from the submission of the Mediator’s or JDR Report. This judgment is final, executory, and unappealable. Step 9: Execution of Judgment If Mr. Juan still fails to pay after the court’s judgment, you can file a motion for the issuance of a writ of execution (Forms 13-SCC, 13-A-SCC, or 13-B-SCC). This allows the court to enforce its decision, ensuring you receive the owed amount. Tips for a Successful Claim Be Thorough: Ensure all forms are correctly filled out and all necessary documents are attached. Be Prompt: Adhere to all timelines and deadlines set by the court. Be Professional: Maintain a respectful and professional demeanor throughout the process. Conclusion Filing a small claims case can seem daunting, but with the right guidance and preparation, it can be a straightforward process. By following the steps outlined above, you can take the necessary legal actions to recover your hard-earned money, just like Mr. Pedro. For more legal tips and updates, stay tuned to AttyStela.com. If you have any questions or need further assistance, feel free to reach out. We’re here to help you navigate the legal landscape with confidence. Tags: #SmallClaims #PhilippineLaw #LegalGuide #DebtRecovery #AttyStela

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Understanding the EU’s Artificial Intelligence Act of 2024: A Simple Guide

Attystela / November 7, 2024

Artificial Intelligence (AI) is rapidly transforming our world, offering incredible opportunities while also posing significant risks. To harness the benefits of AI while safeguarding human rights and public interests, the European Union (EU) has introduced the Artificial Intelligence Act of 2024. This landmark regulation sets out rules to ensure that AI is developed and used in a way that is safe, ethical, and aligned with EU values. What is the AI Act? The AI Act is a regulation passed by the European Parliament and the Council of the European Union that lays down harmonized rules for the development, deployment, and use of AI within the EU. The primary goal of the Act is to promote the development of “human-centric and trustworthy AI” while ensuring that AI systems do not harm health, safety, or fundamental rights, such as privacy and non-discrimination. Key Features of the AI Act Risk-Based Approach: The AI Act categorizes AI systems into different risk levels: unacceptable risk, high risk, and minimal risk. This approach tailors the rules and obligations depending on the level of risk posed by the AI system. For instance:Unacceptable Risk: AI practices that manipulate human behavior, exploit vulnerabilities, or involve social scoring by public authorities are banned outright.High Risk: AI systems used in critical areas like healthcare, transportation, and law enforcement must comply with strict requirements, including robust data governance, transparency, and human oversight.Minimal Risk: For low-risk AI systems, the Act imposes fewer obligations, but providers are encouraged to follow voluntary codes of conduct to ensure ethical practices. High-Risk AI Systems: AI systems classified as high-risk must adhere to rigorous standards. These include:Implementing a risk management system to continuously assess and mitigate risks.Maintaining transparency by providing clear information to users about how the AI system operates and its potential impacts.Ensuring human oversight to avoid outcomes that could harm individuals or society. Transparency Obligations: The Act mandates transparency for AI systems, especially those interacting directly with humans. Users should be informed when they are interacting with an AI system, and the AI’s capabilities and limitations should be clearly communicated. Support for Innovation: To encourage innovation while maintaining safety, the AI Act introduces AI regulatory sandboxes. These are controlled environments where innovators can test AI systems under regulatory supervision. The Act also provides special provisions for small and medium-sized enterprises (SMEs) and startups, acknowledging their crucial role in driving AI advancements. Governance and Enforcement: The AI Act establishes a governance framework that includes the European Artificial Intelligence Board, which will oversee the implementation and enforcement of the regulation. National competent authorities in each EU member state will also play a key role in monitoring and enforcing compliance. Penalties: Non-compliance with the AI Act can lead to severe penalties, including significant fines. These penalties are designed to deter misuse and ensure that AI systems are developed and used responsibly. Why Does the AI Act Matter? The AI Act is a pioneering effort to regulate AI on a comprehensive scale, balancing innovation with the need to protect fundamental rights. As AI systems become increasingly integrated into various aspects of life—from healthcare to finance and law enforcement—the Act seeks to ensure that these technologies are used to benefit society, rather than to harm it. By setting clear rules and expectations, the AI Act aims to foster trust in AI technologies, ensuring that they are safe, transparent, and aligned with ethical standards. For businesses and developers, the Act provides a clear framework to guide the responsible development of AI, helping them innovate while staying compliant with EU regulations. What This Means for the Philippines As AI continues to grow globally, countries outside the EU, including the Philippines, are closely watching how regulations like the EU’s AI Act unfold. While the AI Act itself is not directly applicable in the Philippines, its principles and guidelines can significantly influence AI policies and practices in other countries, including ours. Status of AI in the Philippines As AI continues to grow globally, countries outside the EU, including the Philippines, are closely watching how regulations like the EU’s AI Act unfold. While the AI Act itself is not directly applicable in the Philippines, its principles and guidelines can significantly influence AI policies and practices in other countries, including ours. National AI Strategy: The Department of Trade and Industry (DTI) has introduced the National AI Roadmap, aiming to position the Philippines as an AI center for excellence in Southeast Asia. This roadmap outlines strategies to promote AI adoption across various sectors, enhance the country’s AI capabilities, and ensure the ethical use of AI technologies. AI in Business and Government: AI applications are beginning to emerge in the Philippine business sector, particularly in industries like finance, customer service, and healthcare. The government is also exploring AI’s potential in improving public services, such as traffic management, disaster response, and agriculture. Challenges and Ethical Considerations: Despite these advancements, the Philippines faces challenges, including the need for skilled AI professionals, infrastructure development, and the establishment of ethical and legal frameworks. The EU’s AI Act can serve as a reference point for the Philippines in shaping its own AI regulations, particularly in areas like risk management, transparency, and human rights protection. As of writing (August 20, 2024), the National Privacy Commission or NPC, has no guidelines yet that relate to AI as is. Potential Impact of the AI Act on Philippine Policies While the Philippines is crafting its own AI policies, the EU’s AI Act can offer valuable lessons. The Act’s focus on a risk-based approach, transparency, and human-centric AI development could influence the drafting of similar regulations in the Philippines. For instance: Adoption of AI Ethics: The Philippines could integrate principles of transparency, fairness, and human oversight into its AI strategies, ensuring that AI systems deployed in the country align with both local and global ethical standards. Regulatory Framework: As AI technology becomes more prevalent, the Philippine government might consider developing a regulatory framework similar to the EU’s, tailored to the country’s specific needs and context. International Collaboration: The Philippines could explore partnerships with the EU

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Guidelines for eFiling of Pleadings | Guidelines on Submission of Electronic Copies of Pleadings and Other Court Submissions 2024

Attystela / November 7, 2024

The Supreme Court En Banc, during its session last August 20, 2024, approved and promulgated the Guidelines on Submission of Electronic Copies of Pleadings and Other Court Submissions Being Filed Before the Lower Courts Pursuant to the Efficient Use of Paper Rule (Guidelines for eFiling). The implementation of the electronic filing will begin on September 1, 2024, with full implementation completed by December 1, 2024. Starting September 1, 2024, trial courts shall only act upon pleadings and other court submissions in civil cases if the filing is accompanied by an electronic transmittal of the same document in PDF format through email. Electronic submissions must be completed within 24 hours from the primary manner of service, which includes personal filing, registered mail, or accredited courier. A court may waive the electronic transmittal requirement if the annexes, exhibits, and other accompanying documents cannot readily be converted to PDF or if these consist of sealed and confidential documents. Starting September 1, 2024, all orders and documents issued by the trial courts shall also be accompanied by an electronic transmittal to the parties and their counsel of PDF copies through email. By December 1, 2024, the primary and mandatory manner of service of outbound and court documents within a certified judicial region shall be through electronic transmittal, except for Summons, which shall continue to be through personal or substituted service under Rule 14 of the Rules of Court. By December 1, 2024, within certified judicial regions, all filing and service of pleadings and other court submissions shall be done through email, except for initiatory pleadings. For initiatory pleadings, these shall continue to be done through personal service, registered mail, or accredited courier, but must be accompanied by an electronic transmittal of a PDF copy, until Rule 13 is amended by the Court. Republic of the Philippines Supreme Court Manila EN BANC NOTICE Please take notice that the Court En Banc issued a Resolution dated August 20, 2024, which reads as follows: A.M. No. 10-3-7-SC A.M. No. 11-9-4-SC RE: GUIDELINES ON SUBMISSION OF ELECTRONIC COPIES OF PLEADINGS AND OTHER COURT SUBMISSIONS BEING FILED BEFORE THE LOWER COURTS PURSUANT TO THE EFFICIENT USE OF PAPER RULE MOVING TOWARDS DIGITAL COURTS: COMPONENT ONE: TRANSITION TO ELECTRONIC FILING AND SERVICE OF PLEADINGS, MOTIONS AND OTHER DOCUMENTS AS WELL AS DIGITAL SERVICE OF ALL ORDERS IN CIVIL CASES WHEREAS, under Article VIII, Section 5(5) of the 1987 Constitution, the Supreme Court is vested with the power to “[promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights.”]; WHEREAS, under Article VIII, Section 6 of the 1987 Constitution, the Supreme Court is vested with administrative supervision over all courts and the personnel thereof; WHEREAS, pursuant to this power, the Supreme Court En Banc, in A.M. No. 22-04-26-SC, crafted the Strategic Plan for Judicial Innovations for 2022-2027, which lays down the reform initiatives necessary toward achieving a technology-driven Judiciary; WHEREAS, a key activity in the Innovation outcome in the Strategic Plan for Judicial Innovations for 2022-2027 is the development of an eCourt System Version 2.0 (eCourt PH 2.0) for the digitalization of adjudication; WHEREAS, eCourt PH 2.0 comprises the following components: 1. Digital filing and service of all pleadings, motions, and other court documents, as well as the digital service of court orders in civil cases; 2. Installation of the digital case dashboard in all trial courts; 3. Digitization of existing case records and rollos in all pending cases; 4. Digital filing and service before the Supreme Court and appellate courts; 5. Digital appeals process; and 6. Digital criminal and special proceedings; WHEREAS, in an April 11, 2023 Resolution, the Supreme Court En Banc resolved to approve the Guidelines on Submission of Electronic Copies of Pleadings and Other Court Submissions Being Filed Before the Lower Courts Pursuant to the Efficient Use of Paper Rule; WHEREAS, the June 26, 2024 Report of the Office of the Court Administrator showed that the compliance by all courts with electronic filing after these administrative issuances has been less than one hundred percent; WHEREAS, it is necessary that all courts and constituents are able to comply with the changes necessary for the digital transformation of the Judiciary; WHEREAS, the Management Committee of the Strategic Plan for Judicial Innovations, on August 7, 2024, approved the plan to implement eCourt PH 2.0 in six components, the first component on electronic filing to be fully accomplished within a final transition period of three months; WHEREAS, by December 1, 2024, all civil cases pending before first- and second-level courts shall use electronic transmittal as the primary manner of filing pleadings and other court submissions and their accompanying documents, such as annexes and exhibits, if any; NOW, THEREFORE, the Supreme Court En Banc resolves to ISSUE the following Resolution: PART I TRANSITION MANDATE Section 1. Mandatory submission of electronic copies of filings in civil cases. – Starting September 1, 2024, no first- or second-level court shall act upon any pleading, motion, or other court document (herein referred to as “pleading or other court submission”) filed, served, or offered in evidence in any civil case governed by the rules of civil procedure, unless the filing, service, and offer in evidence is accompanied by an electronic transmittal through e-mail of the same pleading or court submission. The additional accompanying documents of the pleading or other court submission, such as annexes, appendices, or exhibits, shall also be electronically submitted. However, upon motion of the filing party or counsel, a court may waive the requirement of electronic transmittal of the following submissions: (i) annexes, appendices, exhibits, or other accompanying documents to pleadings or other court submissions not readily amenable to digitization to portable document format (PDF); and (ii) sealed and confidential documents or records. The court shall ensure that all orders

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Discrimination in the Workplace? Understanding the Rights of HIV-Positive Employees in the Philippines

Attystela / November 7, 2024

I came across an intriguing question in a social media group that caught my attention: Good day po Atty. Si Person A ay nag-apply sa isang local recruitment agency to be hired as a concierge officer sa isa nilang client. However, nung lumabas yung result ay HIV positive siya. Yung confirmatory test po ay 30 days pa bago lumabas kaso po urgently needed na daw mapunan ung position dahil need ng client so kinansela po yung offer kay Person A at binigay kay Person B na ready to report to work ASAP. Will this be seen as discrimination kay Person A?” This question touches on a critical issue — workplace discrimination against HIV-positive individuals. The situation highlights the complex intersection of employment law, anti-discrimination protections, and public health concerns in the Philippines. This article will unpack the legal framework governing such cases, examine the implications of the scenario presented, and offer guidance to both employers and employees on navigating these sensitive matters. The Legal Framework: RA 11166 and the Magna Carta for Persons with Disability The Philippine legal system is clear on its stance against discrimination, particularly concerning health conditions like HIV. The Republic Act No. 11166, also known as the Philippine HIV and AIDS Policy Act, provides comprehensive protection for people living with HIV (PLHIV) against discrimination in various settings, including the workplace. Under Section 35 of RA 11166, it is unlawful to discriminate against an individual based on their HIV status. This protection extends to hiring, promotion, assignment, and other employment-related decisions. Moreover, Republic Act No. 7277, or the Magna Carta for Persons with Disability, as amended by Republic Act No. 9442, recognizes HIV as a disability. The law mandates that no person should be denied access to employment opportunities solely on the basis of their disability, which includes HIV. Thus, refusing to hire someone because of their HIV status constitutes discrimination under these laws. Is This Discrimination? Returning to the scenario presented, let’s analyze whether the actions of the recruitment agency could be considered discriminatory. The recruitment agency rescinded the job offer to Person A after discovering their HIV-positive status, instead offering the position to Person B, who could start work immediately. The agency justified its decision by citing the urgent need to fill the position due to the client’s requirements. At first glance, this action appears discriminatory for several reasons: 1. Premature Decision-Making: The decision to rescind the offer was made before the confirmatory test results were available. Under RA 11166, employers are prohibited from discriminating against individuals based on their actual, perceived, or suspected HIV status. Since the confirmatory test was not yet available, the decision to cancel the job offer was likely based on suspicion or prejudice rather than a confirmed medical condition. 2. HIV Status as a Basis for Employment Decisions: The rescission of the job offer due to Person A’s HIV-positive status directly contravenes the anti-discrimination provisions of RA 11166. The law explicitly states that no person living with HIV shall be denied employment opportunities based on their status. 3Perceived Urgency as a Justification: While the agency cited the urgent need to fill the position as the reason for their decision, this does not justify discriminatory actions. The urgency of the client’s needs cannot override the legal protections afforded to HIV-positive individuals. Employers are required to make reasonable accommodations for employees with disabilities, including those living with HIV, which may include allowing time for confirmatory tests or providing interim solutions until the employee is ready to work. Employer Obligations Under RA 11166 Employers and recruitment agencies must be fully aware of their obligations under the Philippine HIV and AIDS Policy Act. These obligations include: 1. Confidentiality: Employers must maintain the confidentiality of all medical information related to an employee’s HIV status. Any breach of confidentiality is punishable under the law. 2. Non-Discrimination: Employers must ensure that no employment decision is based on an individual’s HIV status. This includes hiring, promotion, job assignment, and termination. 3. Reasonable Accommodation: Employers are required to provide reasonable accommodations to employees living with HIV, similar to how they would for employees with other disabilities. This could involve adjusting work schedules, offering alternative assignments, or allowing time for medical treatments and tests. 4. Education and Awareness: Employers should also be proactive in educating their workforce about HIV and AIDS, reducing stigma, and promoting an inclusive work environment. This can be achieved through training programs, information dissemination, and by fostering a culture of understanding and support. Again, to reiterate: Employers and recruitment agencies must be fully aware of their obligations under the Philippine HIV and AIDS Policy Act. What are the remedies for the discriminated employees? Employees who believe they have been discriminated against due to their HIV status have several legal remedies available such as: 1. Filing a Complaint: The affected employee can file a complaint with the National Labor Relations Commission (NLRC) or the Department of Labor and Employment (DOLE). The complaint can seek reinstatement, back pay, damages, and other forms of relief. To file a complaint with the NLRC, please go to the nearest NLRC office near you. 2. Civil Action: The employee may also opt to file a civil action for damages under the Civil Code of the Philippines. This could include claims for moral and exemplary damages, particularly if the discrimination has caused significant emotional distress. 3. Criminal Prosecution: RA 11166 also provides for criminal penalties against individuals or entities that violate the anti-discrimination provisions of the law. This includes imprisonment and fines for those found guilty of discriminatory practices. Related Question: “If an HIV-positive employee faces harassment from colleagues after their status becomes known, what legal remedies are available to them in the Philippines?” In the Philippines, harassment of any form, including that based on an employee’s HIV status, is strictly prohibited under the Republic Act No. 11166, also known as the Philippine HIV and AIDS Policy Act. This law provides comprehensive protection for people living with HIV (PLHIV) against all forms of discrimination and harassment in the

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How to Register a Data Processing System or Data Protection Officer (DPO) in the National Privacy Commission Registration System (NPCRS) | A Step-by-Step Guide

Attystela / November 7, 2024

In today’s digital age, protecting personal data is more crucial than ever. If you’re running a business, handling personal data like customer information or employee records, or working in a government institution in the Philippines, you need to comply with the Data Privacy Act of 2012. One key requirement under this law is registering your Data Processing System (DPS) and appointing a Data Protection Officer (DPO) through the National Privacy Commission Registration System (NPCRS). This guide will help you understand what NPCRS is, why registration is necessary, and how to go through the process step-by-step. Whether you’re a business owner, an HR professional, or someone just starting your compliance journey, this guide simplifies the technical jargon to ensure a smooth registration process. What Is the NPCRS and Why Do You Need to Register? The National Privacy Commission Registration System (NPCRS) is an online platform managed by the National Privacy Commission (NPC) that serves as the official database for registering data controllers and processors. Data controllers are entities that collect personal information, while data processors manage and process that data on behalf of the controller. Under the Data Privacy Act of 2012 (Republic Act No. 10173), all organizations or government agencies that collect or process personal data must register their Data Processing Systems and appoint a Data Protection Officer (DPO). This applies to organizations with at least 250 employees or those processing personal data of more than 1,000 individuals. Failure to register can result in penalties, including fines and imprisonment in serious cases of non-compliance. What is a Data Protection Officer (DPO)? A Data Protection Officer (DPO) is an individual within an organization responsible for overseeing data privacy compliance. The DPO ensures that the organization complies with the Data Privacy Act and related regulations, educates employees about their responsibilities, and serves as the point of contact for data subjects (e.g., customers or employees) and the National Privacy Commission. Every organization that processes personal data must appoint a DPO. Now that you understand the basics, let’s walk through the step-by-step registration process. Step-by-Step Guide to Register Your Data Processing System or DPO in NPCRS 1. Prepare the Necessary Information and Documents Before you begin the registration process, make sure you have the following: Company/Organization Name and Contact Information – Your business’s registered name, contact number, email address, and office address. DPO Information – Name, email address, and contact number of the designated Data Protection Officer. Types of Personal Data Collected – Whether you collect personal, sensitive, or privileged information. Data Processing Activities – A description of how your organization collects, processes, stores, and disposes of personal data. Data Processing Systems (DPS) – The software, systems, or processes you use for collecting and processing personal data. Having these details on hand will ensure a faster and smoother registration process. 2. Access the National Privacy Commission Registration System (NPCRS) Go to the official National Privacy Commission website at www.privacy.gov.ph and navigate to the National Privacy Commission Registration System (NPCRS) portal. You can find this under the “E-Services” section. Alternatively, you can access the NPCRS directly by visiting: https://npcrs.privacy.gov.ph 3. Create an Account If you’re a first-time user, you’ll need to create an account in the NPCRS. Follow these steps: Click the Register button on the NPCRS homepage. Fill out the required fields, including your organization’s name, the Data Protection Officer’s details, and a valid email address. Set a password for your NPCRS account. Ensure that the password is secure and follows NPC’s guidelines (at least 8 characters with a mix of letters, numbers, and symbols). Once you’ve filled in the details, click Submit. You will receive a confirmation email from NPC. Follow the instructions in the email to activate your account. 4. Log In to NPCRS After activating your account, go back to the NPCRS portal and log in using your registered email and password. 5. Complete the Organization’s Profile Once logged in, you’ll need to complete your organization’s profile. This includes: Organization Name and Contact Details Nature of the Business (e.g., retail, healthcare, education) Number of Employees – This helps NPC determine if your organization meets the registration threshold. Description of Data Processing Activities – Briefly describe how your company handles personal data, including the types of data collected and processed. Data Protection Officer’s Information – Input the details of your appointed DPO, including their email address, contact number, and role within the company. 6. Register the Data Processing System (DPS) Types of Data Collected – Whether you collect personal information (name, address, etc.), sensitive information (health data, biometrics), or privileged information. Purpose of Data Processing – Clearly state why your organization collects and processes personal data (e.g., for marketing, customer service, employment records, etc.). Third-Party Processors – If you use third-party services (e.g., cloud storage or payroll processors), you’ll need to list these service providers and their roles in processing personal data. Once you have completed all the required fields, click Save and Proceed. When you have done this, you will then be able to download the DPO form. Download the DPO Form, print it (at least 2 copies) and then sign it. The head of your organization must also be able to sign it. After which, notarize the form. Do not forget to bring a copy of your ID and the copy of your head’s ID when you notarize the signed document. 7. Submit the Registration Form After completing the registration form, you’ll have the option to review all the information before final submission. Double-check everything to ensure accuracy. Once reviewed, click Submit. You will receive a notification from NPC confirming that your registration has been received. 8. Wait for Confirmation from NPC After submitting your registration, the National Privacy Commission will review your application. The review process typically takes 15-30 days. During this period, the NPC may contact you for additional information or clarification. Once your registration is approved, you’ll receive an official notification from the NPC. Congratulations! You’re now compliant with the Data Privacy Act of 2012. Best Practices for Data Privacy Compliance Registering your Data Processing System and DPO is just the first step.

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