Today, we continue to reply to selected questions and reactions from our readers to ABC, post XYZ.
Q. A husband is thinking of dividing the family house under his name between his wife and an illegitimate child. Can this be done?
A. Before any violent reaction is applied to this apparently strange question, let me state that there is actually some legal science to this “madness”. The spouse herself is strange in the legal sense of succession because she does not have a fixed legitime (reserved share). She copies the share of each legitimate child. If there is no child, she splits the property with the parents of her deceased husband. And if the only descendant is an illegitimate child, she splits the property with that illegitimate child. Thus, in this question, if the only descendant is an illegitimate child, and the only valuable property is the family home, indeed, the illegitimate child can legally take half of that property. As to why it seems the law forgot to assign a fixed legitime to the wife, and the law seems reluctant to give her a bigger share than the children, is it because she was assigned to spend and shop for the family for the longest time anyway?
Q. A concerned reader relates the fate of a “no-read, no-write” person who has worked as a helper to a supposedly affluent couple for over a dozen years now. The arrangement he had was that the couple would deposit all his monthly pay in the bank for safekeeping for him and he was just given, from his own pay, a small monthly allowance for his sundries. Is this allowed?
A. No. The Labor Code, even before the Kasambahay Law, prohibits employers from interfering with how the employee wishes to spend his salary. And the Kasambahay Law now says that the salaries of the house help cannot be withheld from them. In this particular case, the help should have at least seen the updated passbook in his name, or received explanation from bank records how much he already has. Otherwise, his money that should now be nearing a million pesos would be an outstanding interest-free debt taken by the employer from the hapless help. A sensible employer should have also sent the help to basic education and training that’s sufficient enough to allow him to read and write, and understand bank accounts and the value of keeping his own money.
Q. Our country has sufficient laws to protect privacies. Your reference to the possibility of individual information gathered from building security logbooks being sold is unlikely to happen.
A. One thing we try to keep consistent in this column is that all cases or examples that we cite are based on real events that have actually happened, or still happens. When we referred to such sale of individual information (sometimes with mobile numbers) gathered from building security logbooks in the “When public is private” article, we were not making allegations.
Q. A number of senior citizens gave reactions to the “Unseniored citizen”. We attempt to capsulate their inputs below, in what may look like a poem. This, however, may not be considered original, as I have plagiarized all bits and pieces of it from emails from our dear elderlies who have taken the time to write ABC. From you, now back to you.
A. “The retiree’s creed”
You retire, you die — is not really what I would say
As I awake the next morning, I am grateful for another day
You may say it’s a lifestyle downgrade, but truth is, I don’t need much
Even a couple of pan de sal can power me, as my day is not as tough
My barongs gather dust, power dressing is now of no need
Cool jeans and sneakers, and my look today is complete
My charm is my smile
And I disarm with my wit
Economics, politics—they are still my favorite topics
But add sugar level, blood pressure, and arthritis in the mix
Medicine prices too high, but I can’t complain
Because when I take them, I get better, and I am good to go again
I may walk with a cane
But tai chi is my game
I see the latest movies, because for us it’s free
I have priority lane, and an ID for 20 percent SCD
I am thankful for my pensions, but my true wealth never runs out
My beautiful grandchildren, my true joy, day in, day out
And so with more time, I go to church, to the Lord I pray more often
That when the time comes my brain forgets, may I never be forgotten
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Alexander B. Cabrera is the chairman and senior partner of Isla Lipana & Co./PwC Philippines. He also chairs the tax committee of the Management Association of the Philippines (MAP). Email your comments and questions to aseasyasABC@ph.pwc.com. This content is for general information purposes only, and should not be used as a substitute for consultation with professional advisors.