Monday, May 26, 2008

Let’s party! (Joining the Party-List System)

By Siesta-friendly

At last the OFWs have come together and recently announced the creation of a national political party to represent their concerns. Do you also feel similarly marginalized and underrepresented yet eager to take a more active part in the legislative process? Then by all means, also set up a party (political, sectoral or a coalition of parties) and be part of the costliest and messiest democratic process we call law-making.

Oh okay, if you mean to be serious. Let’s. First of all, of course, you have to get organized. This could mean lots of (maybe even sickening) meetings and discussions to be able to come up with an agreed upon constitution, by-laws and platform of government, among other things.

Who may participate

Of course, it’s important to determine what exactly you intend to set up:[1]

a) A political party refers to an organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates and supports certain of its leaders and members as candidates for public office.

In this regard, a national party has a constituency spread over the geographical territory of at least a majority of the regions (i.e., your party must have regional offices in at least 9 of the country’s 16 regions). A regional party has a constituency spread over the geographical territory of at least a majority of the cities and provinces comprising the region (i.e, the party must have chapters and offices in a majority of the relevant region’s cities and provinces respectively).

b) A sectoral party refers to an organized group of citizens belonging to any of the following sectors: labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals whose principal advocacy pertains to the special interests and concerns of their sector.

c) A sectoral organization refers to a group of citizens or a coalition of groups of citizens who share similar physical attributes or characteristics, employment, interest or concerns.

d) A coalition refers to an aggrupation of duly registered national, regional, sectoral parties or organizations for political and/or election purposes.

COMELEC Registration

Once organized, you need to obtain COMELEC registration by filing a petition stating the following:[2]

1. Full name of the political party, organization or coalition of political parties;

2. principal headquarters and post office address for election purposes, including branches and divisions, if any;

3. date and place of organization;

4. date and manner of election or selection of its officers;

5. names and addresses of its organizers and officers, Executive Committee members, Directorate, or Party Convention delegates, if any;

6. extent of constituency;

7. program of government;

8. That it is not a religious sect or denomination;

9. That it shall not pursue its goals through violence or other unlawful means;

10. That it shall uphold and adhere to the Constitution and shall obey all laws and legal orders promulgated by duly constituted authorities;

11. That it is not supported by, nor does it accept financial contribution from any foreign government or their agencies; and

12. Other information that may be material and relevant to the petition.

The party must also submit copies of its constitution and by-laws, party platform, organizational papers, declarations of political creed or code of political ethics and such other documents of similar or equivalent character.[3]

It is also good to know how to maintain the registration. Just remember the reasons by which the COMELEC can cancel a party’s registration, i.e, if the party:[4]

a) is a religious sect or denomination, organization or association organized for religious purposes;

b) advocates violence or unlawful means to seek its goal;

c) is a foreign party or organization;

d) is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes;

e) violates or fails to comply with laws, rules or regulations relating to elections;

f) declares untruthful statements in its petition;

g) has ceased to exist for at least 1 year;

h) fails to participate in the last 2 preceding elections; or

i) fails to obtain at least 2% of the votes cast under the party-list system in the 2 preceding elections for the constituency in which it has registered.

Participating in an election

Once registered, wait for the elections and, at least 90 days before the scheduled elections, file a manifestation to participate in the party-list system.[5]

At least 44 days before the scheduled elections, the party must then submit to the COMELEC at least 5 names (in order of preference) as possible party-list representative.[6]

No person shall be nominated as party-list representative unless he is (1) a natural born citizen of the Philippines, (2) a registered voter, (3) a resident for at least 1 year immediately preceding election day, (4) able to read and write, (5) a bona fide member of the party or organization which he seeks to represent for at least 90 days preceding election day, and (6) at least 25 years old on election day.[7]

In case of a nominee of the youth sector, he must at least be 25 but not more than 30 years old on election day; however, any youth sectoral representative who attains the age of 30 during his term shall be allowed to continue until the expiration of his term.[8]

Determining seats

Every voter shall be entitled to 2 votes. The first is a vote for his Congressman (or woman), and the second, a vote for the party, organization, or coalition he wants represented in the House of Representatives.[9]

In determining the allocation of seats for the second vote, the following procedure shall be observed:[10]

First: The parties, organizations, and coalitions shall be ranked from the highest to the lowest based on the number of votes garnered during the elections.

Next: The parties, organizations, and coalitions receiving at least 2% of the total votes cast for the party-list system shall be entitled to 1 seat each Those garnering more than 2% shall be entitled to additional seats in proportion to their total number of votes but no party, organization, or coalition shall be entitled to more than 3 seats.

Party-list representatives shall be proclaimed by the COMELEC based on the list of names submitted by their respective parties, organizations, or coalitions according to their ranking in said list.[11]

Term of Office

Party-list representatives have a term of 3 years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No party-list representatives shall serve for more than 3 consecutive terms.[12]

Any party-list representative who changes his political party or sectoral affiliation during his term of office shall forfeit his seat. If he changes his political party or sectoral affiliation within 6 months before an election, he shall not be eligible for nomination as party-list representative under his new party or organization.[13]

In case of vacancy in party-list seats, the vacancy shall be automatically filled by the next representative from the list of nominees, in the order submitted to the COMELEC, who shall serve for the unexpired term. If the list is exhausted, the party, organization, or coalition concerned shall submit additional nominees.[14]

Remember that although your party represents your particular group’s interest and concerns, the end result should also be for the good of the nation as a whole.

[1] Sec.3, Republic Act No. 7941 (An Act Providing For The Election Of Party-List Representatives Through The Party-List System, And Appropriating Funds Therefor), 3 March 1995.

[2] Sec. 2 Rule 32, COMELEC Rules of Procedure, 15 February 1993.

[3] Sec. 3, Supra.

[4] Sec. 6, Ibid.

[5] Sec. 4, Supra.

[6] Sec. 8, Supra.

[7] Sec. 9, Supra.

[8] Supra.

[9] Sec. 10, Supra.

[10] Sec. 11, Supra.

[11] Sec. 13, Supra.

[12] Sec. 14, Supra.

[13] Sec. 15, Supra.

[14] Sec. 16, Supra.


Monday, May 19, 2008

Real Deals (Acquiring real property)

By Obiter07

It is a big step people get to make, buying that land to build on, that house and lot as a family home, or that condominium unit. And it requires a lot of cash, perhaps something that an individual has saved over a long period of time, or even begged for and borrowed. Considering what is at stake, it pays to be prudent before signing on that dotted line to insure that you get what you will be paying for.

Title Check

First things first, check out the title to the property. Try not to rely on the copy shown to you by the seller. One can readily get a certified copy from the Register of Deeds for the place where the property is located. Then read up.

See the technical description of the property. This includes the area and location of the property which should give you an idea if what is purportedly being sold to you is the same property described in the title. If need be, you may get a surveyor to see if the description tallies to what is being sold to you.

Are there annotations? Annotations refer to liens or encumbrances on the property that are reflected on the title itself, usually at the back. If the land is mortgaged, the fact of such mortgage will be written down on the title. If there is some sort of adverse claim, this will also be written down. Please remember that one buys the property subject to all registered encumbrances. If you buy a piece of land which is covered by a mortgage, the lender can still foreclose on your property since you had valid notice of the security interest and bought it anyway. Registration operates as a “notice to the whole world” even if you never really heard or knew about it.

As provided in Section 44 of P.D. 1529, the Property Registration Decree, a “subsequent purchaser of registered land taking a certificate of title for value and in good faith, shall hold the same free from all encumbrances except those noted on said certificate” and certain specified encumbrances which need not be annotated (such as those not required to be so registered, unpaid real estate taxes, a public or private way or irrigation canal, disposition or limitations on use pursuant to agrarian reform.

Under our system, we need not look beyond what is in the title. If there are liens which are not registered, you can buy the property and the holders of these liens would not be able to claim against you.

Ignorance is bliss

You should always be an “innocent purchaser for value” and this does not mean that you are gullible or somehow inexperienced. Being an “innocent purchaser for value” means you have no knowledge of any defects to the seller’s title. You are not innocent if you “neglect to make the necessary inquiries” or “close your eyes to facts which should put a reasonable man on guard” as to any defects in title (Noblejas, Registration of Land Titles and Deeds (1992), p. 209).

Why is this important? Because if you are such an innocent purchaser then your title cannot be invalidated by a third party. Even if the land was acquired and registered through fraud from the owner by a third party, the owner cannot go against you to get his title back, provided that you are an “innocent purchaser for value.” If you relied on your vendor’s title, having no knowledge or any indication of any wrongdoing, then you can get clean title to the property.

For example, Party A is able to register his title to Party B’s land, using a fraudulent transfer document. You purchase the property from Party A based on his clean title, having no knowledge of the fraud. Party B cannot go against you and get his title back. He can file suit against Party A for damages but he can’t touch your title anymore.

Seeing is Believing

If the title seems fine, then you should inspect the land and see it for yourself, to verify if the hype measures up to reality. Ask around, if you go in the summer, try and find out what happens during the rainy season, whether it gets flooded or not. Do they have strong water or will a pump have to be built? What is the neighborhood like? Can you take a walk or sleep without fearing for your life or your possessions? Do you need a car just to get out of the village? Are there schools nearby? Is there a church? You have to know what you need and see if its here.

What are the club facilities, if any? Is the community guarded or not? Is there a deed of restrictions on the property? Can you build what you want or can afford? Some restrictions require that only certain structures costing a certain amount can be built on a lot, specifying even the materials to be used. Are there utilities readily available? How much and who will attend to the connection of the same? Is your possible neighbor sporting tattoos, a famous ballplayer or bold star (or is that a plus factor)? Are karaoke nights the rule and not the exception? If you don’t like the answer to any of these questions, then you have to think twice before going through with the purchase.

Contract Worries

You should then look to the contract and read both the big and fine print, leaving nothing to chance. Are the proper parties represented in the deed of sale? If dealing with a corporation, make sure that the signatory is fully authorized by a supporting board resolution. If dealing with agents, take a look at the special power of attorney to see if it is broad enough to include disposition. Some only allow the agent to administer the property, and not to sell it. Ask for identification. When dealing with couples, please note that both spouses should give their consent to the sale. If the property is still part of an estate that has not yet been settled, it may be better to wait.

When is the full price to be paid? If the vendor will agree, you can try to make a partial payment with full turnover of the title as well as possession of the property to you. Even with an executed deed of sale, the seller can still sell the property again and once an innocent purchaser gets to step in, all is lost for you except for your claim against the seller. Someone who sells something twice won’t be staying around to wait for you to sue him. He’ll be long gone. Get hold of the title once you pay or have it held in escrow by a trustworthy third party.

Who is responsible for the association dues, real property taxes and utilities on the property? When is the responsibility for these things transferred from the seller to the buyer? Take note that delayed payments give rise to penalties and interest. Are all these fully paid and up to date?

What warranties will the vendor give? A warranty on full ownership and that there are no liens, defects or encumbrances on the title is a must. You can even add an express warranty to the effect that there should be no squatters or illegal structures on the property and that the vendor will undertake, at his sole cost, any eviction or demolition if this warranty proves false. Or you may wish to have the ability to rescind the contract and get back what you paid, plus liquidated damages.

Make a sufficient number of original copies for the notary public and for submission to the authorities.

Taxes and Registration

What about the taxes? Will the documentary stamp tax (DST) and capital gains tax be shared or borne by only one party? DST is due within 5 days from the transaction month while the CGT is due 30 days from signing. Note the deadlines as this is is subject to penalties and interest if not paid on time. Who will file the returns?

You may be left holding the bag if the taxes are not paid and no returns are filed in which case you will not be able to make a formal transfer of the property in your name. Among others, the Register of Deeds requires a tax clearance from the Bureau of Internal Revenue (“BIR”) before it will recognize a transfer.

An alternative is to deduct the taxes due from the sale proceeds and pay it yourself since you are the one most interested in completing the transaction. Typically, you can even add a provision in the deed of sale appointing you to act as the duly authorized agent for the vendor with respect to the tax and other filings.

While this is contestable, there have been instances where the BIR required that the tax clearances over the previous sale of a property should be presented by the present buyer/seller. This goes against the principles of land registration but is a real danger nowadays when one should only look to the title to see if it is clean. What if the previous transaction is fraudulent? Will the BIR hold your registration after you have already made full payment? Even the official receipt of the notary public to the deed of sale is being required to be shown by some offices. Some samples of the frustrating oddities of Philippine bureaucracy.

In the end, remember to part with your cash only when you are sure that you are getting the real deal on the property you’re buying, but not before.


Monday, May 12, 2008

THE most harmful legal provision of all (The Automatic Debt Service Provision)

By Siesta-friendly

Here it is:

All expenditures for principal and interest on public debt, and national government guarantees of obligations which are drawn upon, are automatically appropriated. [1]

Who else but the Great Repressor Ferdinand Marcos would come up with such a cruel provision? Of course, it didn’t help that Cory Aquino arrogantly declared after Marcos’ ouster - despite the golden opportunity to repudiate the obviously illegitimate debts of her evil successor – that the Philippines will pay all debts. Not even a renegotiation! Such insensitivity! Well, it’s only proper that she’s at the forefront of any action against repression. She is partly to blame.

US-trained Fidel Ramos was definitely no better. Erap Para sa Masa was obviously just a campaign slogan. And what else can we say about In Excessive Gloria who has turned the vicious cycle of borrowing-to-pay-for-borrowing into an art?

A third world country needs all the funds it can get to set up, among others, vital infrastructure for the efficient flow of people and goods, obtain meaningful health service and indispensable education for its people, provide significant subsidies for its key industries. Yet what have our governments done? They’ve continuously diverted much needed funds to appease the moneymen on whom the country will always depend because it never spends to be financially independent.

Classic Example

Even as we feel we don’t need to anymore prove the provision’s viciousness, it won’t hurt to go through the motions of presenting evidence. Let’s take the regime of the one with the MA and Ph.d. in Economics simply because she should know better (from her academic history and the history of her predecessors).

In 2001 (her 1st year), the country’s total outstanding debt was P2.38T. After 7 years, it’s at P3.71T.[2] As we all know, her government automatically set aside most of its annual budget to pay for debt. She couldn’t stop bragging about it. And what happened? It increased to 1 trillion pesos more!

To be fair, she didn’t borrow P1T. She actually borrowed about P3T! So much more than the combined total of P1.51T obtained by the unholy trinity of Cory, Fidel and Joseph, and within half the time: hers of 7 years and theirs of 14.

In all those 7 years, did we see, feel, or even smell the fruits of the Three Trillion Pesos? Do we have new roads, bridges, public schools, even classrooms? Wasn’t the government’s economic chest-beating all about the higher credit rating and the stronger peso? A higher credit rating really just rates the likelihood of our settling our debts. And, we all know by now, that the peso isn’t getting stronger; the dollar is just weakening.

The atrocity becomes stark knowing that not only did the government have P3T of borrowings to spend for its people but it had billions more to use from taxes it generated. And who hasn’t felt the ubiquitous VAT?

What are taxes for?

Taxes are generally imposed to raise funds for infrastructure, public works, public_transportation, public services (education, health care, pensions, unemployment benefits), public utilities (like water, electricity and waste management), industry subsidies (like agricultural subsidies to increase production). But, of course, the Philippines belongs to that geographic black hole where what is wrong is accepted and what is right is forced to migrate.

Anyway, back to our point: with the automatic appropriations provision, coupled with the government’s addiction to borrowing and lack of sympathy towards its people’s plight, the natural recipients of tax funding have been relegated as lesser priorities, if they’re still priorities at all.

Did you know the Constitution mandates the government to “assign the highest budgetary priority to education”?[3] You think our government does so? Neither do we. On constitutionality alone, the Automatic Debt Service Provision should be struck down.

Corruption Prevention

Repealing the Automatic Debt Service Provision (a.k.a. the Automatic Appropriations Law) will go a long way to stem corruption. With no automatic appropriation of funds for the payment of principal and interest, there’ll be more time to examine government debt: if it’s really for a legitimate purpose, if there was a real need for it, if it was legitimately obtained, if the end-result of borrowing will not be against national interest but favorable to the nation and will actually benefit the country, if the funds were spent appropriately (and in no way pocketed by anyone), and if anything else relating to it is above board.

The free reign given to the executive department on its borrowing ways, as marvelously exemplified by Gloria’s regime, will be curtailed. Predatory lenders will think twice before pushing their greedy agendas once they realize the country will not automatically pay the principal and interest on their loans and will actually first evaluate their soundness.

It’s been looong overdue for our leaders to hold off their reverence towards foreign obligations and instead begin prioritizing their obligations to the people.

[1] Section 26, Book VI, Executive Order No. 292 “Instituting The ‘Administrative Code Of 1987”. 25 July 1987.

See also Section 31, Presidential Decree No. 1177, “Revising The Budget Process In Order To Institutionalize The Budgetary Innovations Of The New Society”. 30 July 1977.

[2] Bureau of Treasury, “NG Debt Indicators”, 8 May 2008.

[3] Sec. 5, Art. XIV, Philippine Constitution.


Monday, May 5, 2008

Forewarned is forearmed (Knowing the instances of illegal recruitment)

By Siesta-friendly

While there’s much touting whenever the government is able to get another country to accept our workers, there doesn’t seem much soul-searching when they come home abused or in body bags.

Instances of Illegal Recruitment

As the OFW’s fate often lies on the recruiter, in the interest of emphasizing what to avoid, we list below the prohibited acts of recruitment under our laws[1]

a) Recruitment done without government license or authority. The law defines recruitment as any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers and includes referrals, contract services, promising or advertising for employment abroad, whether for profit or not.

If you want to take a risk on an unlicensed and unauthorized recruiter, remember that he has not put up the required P100,000.00 surety bond, nor the P1,000,000.00 escrow deposit, to answer for workers’ money claims.[2] Of course, he’s still liable but there’s no specific bond or escrow deposit to go after; you will have to go after his real and personal properties.

b) To charge or accept any amount greater than that allowed by law, or to make a worker pay the recruiter (or its agents) any amount greater than that actually advanced to him.

The recruiter can only charge a placement fee equivalent to one month’s salary, exclusive of documentation and processing costs. And no other charges in whatever form, purpose or manner shall be imposed on and paid by the worker without prior POEA approval.[3]

Documentation costs include fees for passport, NBI/Police/Barangay clearance, medical examinations, medicare premium, trade tests, authentication and birth certificate, inoculation (when required by the host country). If the recruiter offers these services, the worker is liable only for the cost of the document.[4]

Processing costs include visa, POEA processing fee, and OWWA membership fee to be paid by the employer, unless otherwise provided.[5]

c) Charging or accepting any money, goods or services for any purpose before a worker obtains employment. The law specifically states that no worker should be charged any fee by the recruiter until he has obtained employment through him and that such fee should always be covered with the appropriate receipt clearly showing the amount paid.[6]

d) Charging or collecting placement fee for deployment to countries that do not allow the charging or collection of placement and recruitment fees (like Canada).

e) Collecting any fee from a worker without issuing the appropriate receipt clearly showing the amount paid and the purpose for which payment was made;

f) Engaging in act/s of misrepresentation in connection with recruitment and placement of workers, such as furnishing or publishing any false information

g) To give any false information or commit any act of misrepresentation for the purpose of securing a government license or authority under the Labor Code;

h) To induce or attempt to induce a worker already employed to quit his employment in order to offer him another (unless the transfer is designed to liberate a worker from oppressive employment).

i) To influence or attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency.

j) To recruit workers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines. If the government prohibits OFWs from working in Iraq, no one should be recruiting you to do so.

k) To substitute or alter employment contracts approved and verified by the DOLE from the time of signing by the parties up to and including the expiration date of the same, without DOLE approval.

l) To withhold travel or other pertinent documents from workers for considerations other than those authorized by the Labor Code.

m) To fail to actually deploy without valid reason as determined by the DOLE. Note that agencies are required to deploy their recruits within the 60 days from the date of issuance of the overseas employment certificate.[7]

n) To fail to reimburse the worker’s expenses incurred in connection with documentation and processing for purposes of deployment, in cases where the deployment fails without the worker’s fault.

o) Engaging in recruitment activities in places other than that specified in the license without POEA authorization. If recruitment is conducted in the province, check the agency’s provincial recruitment authority because no agency is allowed to conduct provincial recruitment, job fairs or recruitment activities outside of the address stated in the license or POEA-approved national offices without POEA authority.[8]

p) Appointing agents, representatives or employees without POEA approval.[9]So, we go back to the first rule of dealing only with POEA-licensed or POEA-authorized people.

q) Falsifying or altering a worker’s travel documents.

r) Deploying workers whose employment and travel documents were not processed by the POEA or any POEA-licensed agency.

s) Deploying workers to principals not POEA-accredited/registered.

t) Withholding workers’ salaries/remittances without justifiable reasons, or shortchanging remittances.

u) Deploying underage workers.

v) Failure to comply with the undertaking to provide Pre-Departure Orientation Seminar to workers.

It goes without saying that you should always get a copy of your contract, read it carefully, make sure that you understand the terms and that they’re not contradictory to what your recruiter promised.

The DOLE website offers more tips to avoid illegal recruitment:[10]

a) Do not deal with licensed agencies without job orders.

b) Do not be enticed by ads or brochures requiring you to reply to a Post Office (P.O.) Box, and to enclose payment for processing of papers.

c) Do not deal with training centers and travel agencies which promise overseas employment. Remember that travel agencies and sales agencies of airline companies are prohibited from engaging in the business of recruitment for overseas employment.[11]

d) Do not accept a tourist visa. No legitimate job order requires a mere tourist visa.

e) Do not deal with fixers. They’re just middle men who have no registered business and who can easily disappear (with your money).

Job Ads

Next, let’s see how to determine a legitimate job post for overseas employment. If there is a registered/accredited foreign principal or project, the job ad (including press releases) should include the following:[12]

1. Name, address and POEA license number of the agency;

2. Name and work site of prospective registered/accredited principal;

3. Skill categories and qualification standards; and

4. Number of positions available.

If it is only for manpower pooling purposes, the job ad should include the following:[13]

1. Indication in bold letters that the ad is for manpower pooling only and that no fees will be collected from the applicants;

2. Name, address and POEA license number of the agency;

3. Name and work site of prospective principal/project; and

4. Skill categories and qualification standards.

If the ad is directly published by the foreign principal/employer, it should be POEA-approved.[14]

Employment Contract

Now let’s focus on where a lot of issues have arisen: the employment contract. These are the minimum requirements for employment contracts (for land-based workers):[15]

1. Guaranteed wages for regular working hours and overtime services not lower than whichever is the highest among a) the host country’s prescribed minimum wage, b) standards set forth in an international agreement, or c) the Philippine’s prescribed minimum wage.

2. Free transportation to and from worksite, or other benefit to offset the lack of free transportation;

3. Free food and accommodation, or other benefit to offset the lack of free; and

4. Just causes for the contracts’ termination of the worker’s services;

While parties to the employment contract are free to stipulate other terms, the employment package should be more beneficial to the worker than the minimum prescribed and should not be contrary to law, public policy and morals. By and of which country, we’re just not sure.[16]

As long as we’re on the topic, it would be good to inquire if the employer will provide among other things:

a) Free transportation from point of hire to site of employment and return, i.e, free roundtrip airfare;

b) Free emergency medical and dental treatment and facilities;

c) Workmen’s compensation benefits and war hazard protection;

d) Repatriation of workers remains and properties in case of death to the point of hire;

e) Assistance in the remittance of worker’s salaries, allowances or allotments; and

f) Free food and accommodation at prevailing cost of living standards at the jobsite.

By the way, in case you got your employment contract without a recruiter in sight: Good for you! But remember that you need to be processed by and registered with the POEA nonetheless.[17]


Of course, notwithstanding the rules and the many warnings, violations never cease. When they occur, go straight to the Legal Assistance Division of the POEA. If abroad, head to the Philippine Embassy or Consulate.


[1] Sec. 1, Rule X, Part II, POEA Rules And Regulations Governing The Recruitment And Employment Of Land-Based Overseas Workers, 4 February 2002.
See also Sec. 2, Rule I, Part VI, Ibid.

[2] Sec. 4, Rule II, Part II, POEA Rules, supra.

[3] POEA Memorandum Circular No. 14, s. 1999, 10 May 1999.

[4] Sec. 3, Rule V, Part II, POEA Rules, supra.

[5] Sec. 2, Ibid.

[6] Sec. 2, Rule I, Part VI, POEA Rules, supra.

[7] Sec. 3, Rule III, Part III, Ibid.

[8] Sec.15, Rule II, Part II, Ibid.

[9] See Sec. 11, Rule II, Part II, Ibid.

[10] Accessed 1 May 2008.

[11] Sec. 1, Rule X, Part II, POEA Rules, supra.

[12] Section 1, Rule VII, Part II, POEA Rules, supra.

[13] Section 2, Ibid.

[14] Section 3, Ibid.

[15] Section 2, Rule I, Part V, Ibid.

[16] Section 3, Ibid.

[17] Sec. 8, Rule III, Part III, Ibid.