Video summary
The episode opens with a discussion on the severe weather conditions caused by the southwest monsoon, highlighting the disproportionate impact of flooding on poorer communities compared to wealthy areas. The hosts emphasize that while sudden downpours can cause minor issues even in developed nations, the key to managing such disasters lies in preparation and knowing where evacuation centers are located. They also touch upon the legal concept of *force majeure*, clarifying that it refers to natural events like typhoons or earthquakes that release parties from contractual obligations due to factors beyond their control. The conversation notes that while airlines may offer rebooking without penalty for such events, insurance policies often have specific clauses regarding "acts of God," and individuals must carefully review their coverage to understand what is protected versus what constitutes an uninsurable loss.
The program then shifts to a complex inheritance question involving a deceased parent who left no will but had accumulated savings during the marriage. The hosts explain that in the absence of a will, the estate is subject to forced heirship rules where the surviving spouse and all children, including non-marital or adopted ones, are entitled to a share. However, they clarify that siblings can voluntarily waive their inheritance rights through an extrajudicial settlement if there are no debts, allowing the remaining assets to go entirely to the surviving parent. The discussion also addresses the distinction between insurance beneficiaries designated in contracts versus general estate distribution, noting that life insurance proceeds with named beneficiaries are typically exempt from estate tax and bypass the standard forced heirship division unless specifically structured otherwise.
In the final segment, viewers' inquiries regarding labor rights and housing contracts are addressed. One viewer asks about a developer deducting rental value for an installment buyer who stopped payments after eight years; the hosts explain that while contracts can stipulate such deductions, the law generally mandates a refund of at least 50% of payments made after two years, with additional percentages for each subsequent year up to a maximum of 90%. Another viewer seeks advice on being held liable for shoplifted items and forced unpaid overtime; the hosts firmly state that deducting from an employee's salary without due process or proof of negligence is illegal under labor laws. They further advise employees to ensure any overtime work is pre-approved in writing to guarantee payment, as unauthorized overtime may not be compensated if the employer disputes the necessity or validity of the extra hours worked.
Read the full video transcript
Ally of the people, supporter of the masses,
ally of law and justice.
Attorney [music] Danny Con, Abogado
Campanilya.
[music]
Good evening to all
our viewers. Oh, I hope
you are in good health and oh, I hope
you are dry. There has been a
lot of reading these past few days
because of the strength of the southwest monsoon
. There really aren't
many storms that are far from us, but the
southwest monsoon is really different. I, your mayor, am
with us
tonight for an intense discussion. No one
else. Attorney PG Galang. Good evening.
Good evening to all those who watch
us on Facebook and YouTube. Yes, indeed
. Which are you more afraid of? That's it.
In the wind or heavy rain? Bot bot.
[laughter]
What's more, what's more
damaging? Of course, the wind is not as
harmful as the rain.
Imagine you saw the floods.
Poor people. That's actually true. That's just because,
um, sometimes you can't
avoid flooding. What's
important to me is that it subsides quickly.
Oh yes. Because sometimes there is a sudden downpour, even
in the most developed countries they
will have slight flooding, but you
just have to know what to do to make it subside. Well well
unfortunately there are areas that are
fast. There are areas that are still there
today. You know, recently I saw
that other areas
like the one in Araneta seemed to have improved. Yes. Not so
much anymore. No, not anymore. Not anymore. Someone
helped me before. Congratulations. Yes.
Congratulations to the leaders of
Quezon City. At least Araneta
doesn't seem like it's turning into an ocean when you say "Yes."
Before, it seemed like it was just a small thing.
Or they say, "The sea is rough,
the dog is snarling." Is it like a trap there?
[laughter]
But we're not in solidarity with
our countrymen. I hope
you will be careful and anticipation
is always the key. If we know it's going to rain,
we know there's going to be a storm, we know
where the evacuation centers are and
we know who's responsible for flood
control.
Yes, that's very true. It's not
really because it's so accurate, we don't
really get nervous. Let's not
forget that. And of course, let's not
forget our pets.
Yes. Okay. Let's take them with us
wherever we go. There you go. Our
pets, dogs, animals,
ah cats. That's it. Let's include them. And
of course, what's also nice about this is that
we're talking about
nature. Okay. Nature. Force majeure.
That's it. That's a good thing to talk about. Okay,
we'll ask the attorney. Now let's
ask. What does
force majeure mean? Wait a minute,
we might act like God if I don't
tell them our telephone numbers first
. For Globe users ah is
09543100331
and for smart is 09617708807. You
can also use Facebook Messenger.
Text us now force
majeure or sometimes interchangeably act
of God. Alough, I don't like the term act
of God. He was not created by God.
Why is everything God's work?
The disaster was not God's doing. Oh,
God did all that for me. Yes,
[laughter] we have different perspectives.
But anyway, when we say force
majeure, that's really nature. That's
really nature. Something okay force
majeure in law.
Is it a typhoon or an earthquake? Super type. Yes, it's a volcano, so it's a
super typon. Yes. There you go. Soon that
force majeure is a ground which sometimes
most often will release someone
from their obligations. Oh okay. Because
there are flights, there are
flights that have been delayed, canceled.
Yes. Of course, how is that? They may
get some compensation.
Usually in contracts like that, um
usually there is a refund or rebook,
even if it's force major, most airlines,
even if it's force majeure, if they're good,
they will just rebook you, but if it's
really force majeure, oh no, no, because it's
not their fault, it's not their
fault that they couldn't fly, so it's
just humanitarian, oh okay, I'll
rebook you without penalty, yes, but
usually they have a penalty, like
15%,
but it's not free for rebooking.
Yes. Yes. So for major is one of those
forces of nature that more or less
will free someone from their obligation
in fulfilling a contract. Oh, that's it
. So that's what force
mature means. So at least we learned something,
friends. That became important
when Undoy happened. Oh yes, that's true. There were
so many issues there. Mm.
Because of properties.
Yes. Yes. Whether it's a car, a house, or something else, if
you're insured, it's like one of those things
if you're not. But if what
happened is really the same. Yes.
They won't take care of you when
your car sank.
Yes, but you don't have that kind of clause
.
For acts of God. That's why I say acts
of God because in insurance they use
the insurance of God, they
use acts of God.
Correct. My
beautiful sister, Ngezon, is 38 years old.
One of my parents died
without leaving a will, and
her love savings were accumulated while she and
my surviving parent were married. All of us
siblings signed a waiver of
our shares because
we understood that the money would go to
our surviving parent who
needed it more financially. But
now, a relative said that
the entire amount should be divided equally between the
surviving spouse and all
children. Is that correct? Or,
the surviving spouse should first receive
his or her own share of the marital property and then
divide the deceased's share as an inheritance
. That's a good question. Oh yes,
okay. Okay. First of all, it died.
Died. Or is it usually called contributions
because if you have SSS,
what is SSS? No, it's love. Oh love.
Or in those cases, you designate a
beneficiary.
beneficiary which can be anyone actually is
it like it looks like he didn't leave a will
he didn't designate a
beneficiary
yes and he didn't leave a will okay
first of all his relatives are right
in one sense if he didn't leave a will
and there is something like that then
we call it forced airs sharing there
those are really forced
heirs who are those ah it
looks like he has a wife and children. So they,
ah,
they are the remaining wife and the
children. When we say child, it doesn't
just mean a legitimate child.
Even nonmarital children, meaning
illegitimate children. That will also be inherited
. In fact when you go to Pag-IG or
even SSS m
um beneficiaries can be your
illegitimate children, adopted children
or whoever it doesn't distinguish.
That's not discriminating. But can
you wave your share? Yes or no?
Yes, you can you can wave your
in fact that is done in extrajudicial
settlement huh. Because what if he dies
and has no debts? So you who
will inherit, you are all in agreement.
Mm. Mm. So instead of settling
his estate in court, you can just go for an
extrajudicial settlement.
You just need to make an affidavit of
expropriation settlement and say
that we agree that this is
our division. So you can wave
your share to someone. Okay? The question
that our texture wants to know
here is, is it right that it should
only be given to the spouse? Okay, because
you mentioned beneficiary earlier. So let's say
my only beneficiary there is my wife. Mm.
The children are not there. So what will
prevail? Is it what I indicated or is
it because I am dead? Well, if you're the
beneficiary, you're already dead, right? So
that's what you'll put in. Who will prevail? Is
the beneficiary I named the
only one or is he/she included in my estate?
Not just the beneficiary. It's just what's
written there. Yes. I know about
things like that. Oh my god.
So he wasn't really divided by
anything, especially when it comes to SSS,
I know that's the case. But if it's insurance, but
if it's not insurance, it's exempt
from
estate tax because it's not included. Oh
okay. But he's also not a beneficiary, he's
not a beneficiary because
that's stated, right? Okay, everything is stated anyway.
Okay. Or this is our C first. But
this one doesn't look like it doesn't have a
beneficiary because it looks like Yes, it's true, it's not that it didn't, it didn't
write anything, but but '
cause usually you apply or not
when you become a member,
you automatically write something. Hmm. Maybe there's an
automatic one. Okay, check the
love fund first. Okay. Jackie from
Quezon City has a question for us. Hi
Jackie, good evening. This is Maro
and Attorney PG Galang. Good evening.
Good evening.
Hi Jackie.
Hi Jack. How can we help you?
Hello.
Hi Jack.
Hi Jack. Oh yes. Oh, I am the dark. Oh
[laughter] I love it. Hi Jack.
Hi Jack.
Hello.
There you go. Or how can we help you
now?
Ah, I just have a question about
what happened there in
June, sir.
What happened when you
got married in June?
Oh okay.
Okay. Then
fine. Financer.
Ah financier. Financial share. Yes, sir. What do you
think?
Finance. Who was the financier
in June? Oh,
no, no, I won't
say the name. No, no, no.
Just repeat your question. Sorry
I didn't get it because I had it
in June. How far [laughter] ah. Again and again and again
. Ah, go ahead, repeat the story,
Financire. He is gone. Yes. Hello.
Financier disappeared in June
. Yes. Let's just go back
. Let's go back to him. Go back.
Okay. Let's text first. Okay. Okay. This is
Denny. He is um he is
Joren. This is him. I didn't hear
him. Jackie. Hello. Oh, it's gone.
Lost. Okay. Okay. Joren,
I remember Jonel. [laughter]
Joren is 36 years old from Iloilo City.
I have occupied a property for
eight years while
I have been consistently paying the monthly
Amortisation Utilities Association Juice
and other required charges as an
installment buyer. Due to financial
difficulties, I have decided to
discontinue payment and
I hope to receive any refund that
may be available in accordance with the law. But now
the developer has said that
they will deduct my cash surrendered value, a
reasonable rental value for the entire eight
years of my residence, allegedly based on
a provision of the contract.
I feel like everything
I've paid for over the years is being ignored.
Can the developer really charge or reduce
the rental value for the entire
period I occupy it and is it
increased just because it is stated
in the contract? Okay. He was there for 8 years.
Yes. Okay. If it's okay first, then
actually first, because this is good,
let's separate the question.
Can the contract specify this one? At
least there's a rental agreement,
just in case you can't
continue with the payment? Yes, indeed. Um
the parties can agree on any provision
that they want as long as it's not
contrary to law. That's not contrary to the
law. Okay. So it's okay. Okay. But but
because you, Maseda, have the
law called Maseda Law. Yes. Please
look at Macalo, where if
you've been paying for more than 2 years,
at least you can get 50%
of it, right? I can get at least 50%
refund of whatever it is that you have
already been paid. Then for every year
beyond 2 years, it goes up and
up until you get to 90%.
Okay. I have a question here. How
old am I? It turned out to be more than 5 years. 5
years
you get an additional 5% up to a
maximum of eh since what is he doing now
eight. So for whatever
he paid, he will he or she will get, is
his name like Leron, will he
get Jen
Joren, that
will get um 50%
plus 5% for every plus 15% so 65% I have
a question or
will the contract of the participant be like that,
that's all the
person will have to do to get what he has,
he won't have to pay rent for 8
years. That's right. Is it possible? Oh,
I mean,
sorry. I'm sorry. Whoever
made it fun just for me
. Maybe what I'm thinking here is if
you haven't lived in the property yet, it's
because he lived in the property for
18 years. So I think maybe
his ah is the seller. Yes. Put that
in.
Yes. I think put that in. Put that in.
put that in just in case um I'm sure
you actually check your contract,
if there really is a provision that if in
case you are in possession it was recided because
he said he was just telling him that
there is or it was deducted from
him
yes because it seems like you used him then they will
still follow you ' so maybe it was calculated
when the seller was already there if
suddenly he doesn't pay then go ahead and re-refund it,
the developer is also losing a lot you
lived there for 8 years you paid
me like you were renting then
I returned everything well up to 90% so
only 10% so what did he get what did
I say it's not illegal it's
not illegal so anyway okay that's a good thing to
talk about next time
but so sorry ha really what if it's
really in the contract so what
we remind those watching
us is that read
your contract carefully correct okay this is it let's
go back to Jackie from Quezon City
hi Jackie
Jacke,
can you hear him? You hear something
we don't. [laughter]
Okay. One more thing. So, it seems like
his question is about money and because he is a
financier. Okay, let's go back to
Jackie. This is the question from our
other texter. Joshua, 24 years old
from Quezon City. He asked,
"I work at a convenience
store and recently some
expensive items were shoplifted while
we were on duty. The manager wants
us to pay for the missing
products even though we had no
intention or direct fault." And it's
also very difficult to monitor the entire
store because of the number of customers and
blind spots. We often
work overtime to get the job done,
but it is not approved or
paid for and we are just told that
it is normal. When
we reported it to the agency, they blamed us and
told us to hurry up with the work.
Is this policy legal and
what are our rights as
employees? You know, let's break this down first,
okay? Because there are so many concerns.
First of all, what if items go missing from
a store you're monitoring?
Regardless of what kind of store it is,
okay? It's called a lift. So what are the
rules or regulations of the
law there? There is no regulation in that
law that is specific to that situation.
But if they were negligent,
you can attach it if
they were just watching, and that's not it, and
they wouldn't steal. But I think in
this situation, that's a bit of a stretch
because for me, if it's me, my opinion is that
convenience stores
really often have people
shoplifting there, but it's really unfortunate for
the people who sell there, yes, so is that
legal to deduct, or not,
actually, the law is that you
cannot, if the employee has a salary, you ca
n't just deduct it, you can't
just deduct it, that's illegal,
and so what if something goes
wrong and then suddenly you get a deduction.
It won't be immediate because it needs a
bit of a process. Because
they need to be proven guilty. It's not
automatic that there's shoplifting
here. That's you. It's not.
If they know there's a shoplifter like that, there
should be a police report.
Why would you charge them
if you lost your Malay if yes and
then secondly why is there no CCTV?
What kind is that? Yes. And there are a lot of
people. Well, there are a lot of people in
big business. Yes,
Mar [laughs], for
business people, sometimes shop lifting is one
of those expenses that seems to be included
in accounting
. Is that included? So it is unfair to you
that without due process that is automatic a
in fact that's very illegal as a labor
law and employee salary cannot be
deducted without their consent.
They work overtime and then they don't get
paid. Actually, usually,
overtime should be approved before it is.
You know, because that's true. It
goes both ways. Overtime prior approval
is sometimes necessary. Like
what? It's okay. You know you're going to work
overtime. Sometimes you're
requested to do overtime. It's
natural to have to pay because it has to be
paid. Now, sometimes it happens that
rendering is overtime because
the work is not finished yet. Then it's always a
good idea for the employee to notify the
employer that I will be
working overtime. Because usually, if you don't
unauthorized overtime,
sometimes the employer has a reason not to
pay it. Ah, so that means, for
example, if the employer requested you to
work overtime,
they should really pay for it.
They know that. Or, if you rendered
overtime and you didn't inform them
before you were paid, you will have to have it approved.
Meaning I rendered overtime and you
approve it. Oh okay. So that means
I'm not done with what I'm doing yet
. So can I work overtime or just be an
example or pretend to be a driver? Or maybe
your driver is doing
something down in the car. No wonder
he's so careless about all the
parts and crew.
He'll say, "Ah, can you work overtime
so I can finish this so I can put it up."
Something like that. You have to let
your employer know. Is that it? Say yes.
Because the employer has some control over
that because of course overtime
rates are expensive. They will pay for that. Will that be paid?
Because there's an extra rate aside from the
normal rate, is there a plus percentage
for holidays and even for
overtime? So sometimes it's the choice
of the employer if you terminate. And
also it's also what if you
request overtime, um ah, if it's
true, it's unapproved, meaning what, it's
not approved. No priors.
Then you request your employer, can you
approve my operation? Once they approve even if
rendered, once they say approved then
they will actually pay you the extra. I
got it. I got it. Hey, let's go back to
Jackie. Maybe he'll appear in the next episode
. Okay. Sorry Jackie but
we'll get back to you. Don't worry.
Okay. Or because Jackie has a problem.
We need to solve that. Or at
least not at the wedding. What did you say
at the wedding [laughter]
I don't know if I cleaned my ears
or not, right?
Because what seems more difficult, what do
you prefer?
Money problems or heart problems? I don't want it all.
Okay, what do you prefer? What do
you dislike most? What do they all want?
Not the best, really. Ah, more ah ah.
Just a heart.
Just a heart. I don't want to. It's
difficult. I don't want a heart that can be
replaced. Oh okay. What's worse, if
he doesn't have a headache? Change
please. [laughter] Is that it
now or don't worry too much about
things like that. Oh, okay, okay,
at our age, we'll just cry
and go to sleep. Yes, no more. If
you don't like me, don't you think
you're too sleepy and then you're already
sure
of what that is, not your age. Yes. When
you're young, you're impulsive,
thinking about the next day all day long.
We've been here for a month, I won't be able to
live now, at our age,
I'll cry in bed now, I cried, I'm going to
sleep, okay, I'm
sleepy, okay [laughter] that's
not true, when it gets to you, when it gets to you,
admit it right away, and
then admit
it right away, two of you, when you're apart, there's
still a love life, those aren't the
love lives of teenagers, those types,
oh, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know,
at your age, when
you get hit by a text, okay,
say, Good luck. Where is that?
Okay. Okay. I'm so angry because if
this happens, I've been there,
done that. Okay. Baine. I can do it alone, you
know? But of course, let's not
underestimate the pain.
We're not stone rock, are they saying, think
stone rock, move on. Just move on, right
? We need you to
just sleep on it. Oh my, it's good to
talk about those love lives, love lives
that we're going to make. Yes, is that
Valentine's Day? Yes, indeed. It's
my birthday. Oh, your birthday is
Valentine's Day. But anyway, hey,
thank you very much for joining
us tonight and I hope
you learned a lot and I hope you
stay safe, stay dry and ah, all of this will
also have a bright day.
Yes.
When?
Tomorrow.
Hey, I like that's my favorite movie too
. When will morning come?
[laughter]
Oh, that's what they
like
. Movies used to be so good,
but they were
just titties. Yes. Assignment.
Yes. Now the title seems far removed from
the story. [laughter]
Okay. Hey, thank you very much.
Thank you. I am your mare of the
town, Mareo. I'd like to say hi to papa
Jimmy, Mama Training and of course Babe
Macastro. And I am the lawyer,
Attorney PG. Bye.
[music]