PHL has over 1 million working children

The number of children working in the country fell by 26% to 1.09 million in 2023, the Philippine Statistics Authority (PSA) said.

PSA data showed the number of working children, aged between five and 17 years old, dropped by over 383,000 in 2023 from about 1.48 million in 2022.

The share of children doing work fell to 3.5% of the child population in 2023, lower than 4.7% in the previous year.

The term “working children” covers all children engaged in any form of economic activity regardless of their age or the nature of the work, PSA said.

Out of the 1.09 million working children, boys made up 59.1% of the total, while girls accounted for 40.9%.

The service sector employed 50% of the working children, slightly higher than 49.5% in 2022.   

The agriculture sector’s share of child workers went up to 43.7% in 2023 from 43.2% in 2022.

Industry had the smallest share of working children at 6.3% in 2023, slipping from 7.3% in 2022.

In 2023, 73.7% of working children logged 20 hours or less of work each week, PSA said. This was lower than 75.6% a year earlier.

Meanwhile, the number of working children involved in “child labor” was estimated at about 678,000 in 2023, dropping from about 828,000 a year earlier.

Child labor is defined by the PSA as working children who are engaged in hazardous work or whose work exceeds 40 hours.

The statistics agency estimated that 62% of the total number of working children in 2023 were engaged in child labor. The ratio was 56% in 2022 and 68.4% in 2021.

Of the estimated 678,000 working children engaged in child labor in 2023, 62.1% or 422,000 were boys, while 37.9% or 257,000 were girls.

Agriculture had the highest share of child laborers at 65.3%, followed by services (30.7%) and industry (4%).

Earlier, Labor Undersecretary Benjo Santos M. Benavidez said the agency is working to eliminate child labor and prevent child labor practices.

Source: Business World

How to Probate a Will in the Philippines: A Comprehensive Guide

 Introduction

The probate of a will is a judicial process that validates and authenticates a deceased person's will, ensuring that it was executed in compliance with legal formalities and reflects the true intentions of the testator (the person who made the will). In the Philippines, probate is mandatory for all wills, whether they are notarial (executed before a notary public) or holographic (entirely handwritten by the testator). Probate guarantees that the estate is distributed according to the will's provisions and under Philippine law, particularly regarding the rights of compulsory heirs.

This comprehensive guide walks you through the probate process in the Philippines, from the filing of the petition to the final distribution of the estate.

 Legal Framework for Probate in the Philippines

Probate proceedings are governed by the Rules of Court under Rule 73 to Rule 77, as well as by the provisions of the Civil Code of the Philippines (Articles 838 to 841) concerning the execution and validity of wills. A will must undergo probate to be legally enforceable, and the court will determine:

1. Whether the will was properly executed.

2. The mental capacity of the testator at the time of execution.

3. Whether the will was free from fraud, duress, or undue influence.

4. Whether the provisions comply with the rules on compulsory heirs and legitime.

 Types of Wills in the Philippines

1. Notarial Will: This type of will is formal, requiring witnesses and notarization. It must be in writing and signed by the testator and at least three credible witnesses. Notarial wills must comply with strict formalities under Article 805 of the Civil Code.

2. Holographic Will: A simpler form, a holographic will is entirely handwritten, dated, and signed by the testator. It does not require witnesses, but the handwriting and signature must be verified during probate.

 Importance of Probate

Probate is essential for ensuring the distribution of the estate according to the testator's wishes and in accordance with the law. Without probate, the will cannot be executed, and the estate would be distributed according to the rules of intestate succession (when no will exists). Probate protects both the estate's beneficiaries and any creditors of the deceased.

 Step-by-Step Guide to Probating a Will in the Philippines

1. Filing a Petition for Probate

The first step in probating a will is filing a petition for probate with the appropriate Regional Trial Court (RTC). The petition may be filed by an executor, a beneficiary, or any person interested in the estate. The petition must contain:

- The name and address of the deceased.

- The date and place of death of the testator.

- The names of heirs and beneficiaries.

- A summary of assets and liabilities.

- The will to be probated (either notarial or holographic).

The petition must be filed in the RTC of the place where the decedent resided at the time of death.

2. Court Issuance of Notice and Publication

After the petition is filed, the court will issue a notice of hearing to all interested parties, such as the heirs, beneficiaries, and creditors of the deceased. The court may also order the publication of the notice in a newspaper of general circulation for three consecutive weeks. This allows any interested parties to oppose the probate of the will if they believe it is invalid.

3. Opposition to Probate (If Any)

If any interested party believes that the will is not valid (for example, if it was executed without proper formalities, under undue influence, or by a mentally incapacitated testator), they may file an opposition to the probate. The opposition must be supported by evidence, and the court will conduct hearings to evaluate the claims.

4. Presentation of Evidence

During the probate hearings, the petitioner will present evidence to prove the validity of the will. This may include:

- Testimony from the witnesses who signed the notarial will.

- Presentation of the holographic will and verification of the testator’s handwriting by credible witnesses or experts.

- Medical records or testimony if the testator's mental capacity is questioned.

The court will ensure that the will complies with the legal formalities outlined in the Civil Code and the Rules of Court.

5. Probate of Notarial and Holographic Wills

The court will differentiate between the types of wills during probate:

- For notarial wills, the court will verify whether the will was signed by the testator and witnessed in the presence of a notary public. The formalities under Articles 805 and 806 of the Civil Code must have been observed.

- For holographic wills, the court will ensure that the will was entirely handwritten, dated, and signed by the testator. The court may require witnesses to authenticate the handwriting and signature.

6. Court Decision and Issuance of Probate Order

After evaluating the evidence, the court will issue its decision on the validity of the will. If the court finds the will valid, it will issue a probate order. This order confirms that the will is valid and that the estate can be administered according to the will’s provisions.

If the will is found invalid (e.g., due to improper execution, mental incapacity, or fraud), the court will declare it null, and the estate will be distributed according to intestate succession laws.

7. Appointment of Executor or Administrator

Once the will is probated, the court will appoint the executor named in the will (if any) to administer the estate. If no executor is named or the named executor is unable or unwilling to serve, the court will appoint an administrator.

The executor or administrator is responsible for:

- Collecting the assets of the deceased.

- Paying debts and taxes.

- Distributing the remaining estate to the beneficiaries as per the will.

8. Estate Settlement

The final step in the probate process is the settlement of the estate. After debts, taxes, and expenses have been paid, the executor or administrator will file a final accounting of the estate with the court. Once approved, the court will issue an order for the distribution of the estate according to the terms of the will.

 Key Considerations in the Probate Process

1. Rights of Compulsory Heirs:

   - Philippine law protects the rights of compulsory heirs, such as legitimate children, surviving spouse, and parents. Even if the testator makes a will, they cannot disinherit compulsory heirs without a valid reason, and they are entitled to a legitime, a portion of the estate reserved by law.

2. Intestate Succession:

   - If the will is invalidated or there is no will, the estate will be distributed through intestate succession, which follows the legal order of heirs under Articles 978 to 1019 of the Civil Code.

3. Probate Fees:

   - Probate can be costly, involving court fees, publication fees, and the cost of hiring a lawyer to guide the executor or administrator through the legal process.

4. Timeline:

   - The probate process can take several months to years, depending on the complexity of the estate and whether any opposition is filed. Simplified estates with no opposition can proceed faster.

5. Taxes:

   - Estate taxes must be settled before the assets can be distributed. Under the Tax Reform for Acceleration and Inclusion (TRAIN) Law, the estate tax rate is 6% of the net estate.

 Conclusion

Probating a will in the Philippines is a complex but necessary legal process to ensure that the wishes of the deceased are carried out and that the estate is distributed fairly. Whether the will is notarial or holographic, the probate process validates the document and confirms the rightful beneficiaries of the estate. Beneficiaries, heirs, and executors must understand the probate process to protect their rights and interests and ensure compliance with Philippine inheritance laws. Given the complexity of probate, legal assistance is often crucial to navigate the various requirements and stages effectively.

Source: Ziggurat Real Estate

Global water crisis leaves half of world food production at risk in next 25 years

Landmark review says urgent action needed to conserve resources and save ecosystems that supply fresh water

More than half the world’s food production will be at risk of failure within the next 25 years as a rapidly accelerating water crisis grips the planet, unless urgent action is taken to conserve water resources and end the destruction of the ecosystems on which our fresh water depends, experts have warned in a landmark review.

Half the world’s population already faces water scarcity, and that number is set to rise as the climate crisis worsens, according to a report from the Global Commission on the Economics of Water published on Thursday.

Demand for fresh water will outstrip supply by 40% by the end of the decade, because the world’s water systems are being put under “unprecedented stress”, the report found.

The commission found that governments and experts have vastly underestimated the amount of water needed for people to have decent lives. While 50 to 100 litres a day are required for each person’s health and hygiene, in fact people require about 4,000 litres a day in order to have adequate nutrition and a dignified life. For most regions, that volume cannot be achieved locally, so people are dependent on trade – in food, clothing and consumer goods – to meet their needs.

Some countries benefit more than others from “green water”, which is soil moisture that is necessary for food production, as opposed to “blue water” from rivers and lakes. The report found that water moves around the world in “atmospheric rivers” which transport moisture from one region to another.

About half the world’s rainfall over land comes from healthy vegetation in ecosystems that transpires water back into the atmosphere and generates clouds that then move downwind. China and Russia are the main beneficiaries of these “atmospheric river” systems, while India and Brazil are the major exporters, as their landmass supports the flow of green water to other regions. Between 40% and 60% of the source of fresh water rainfall is generated from neighbouring land use.

“The Chinese economy depends on sustainable forest management in Ukraine, Kazakhstan and the Baltic region,” said Prof Johan Rockström, the director of the Potsdam Institute for Climate Impact Research and one of the co-chairs of the commission. “You can make the same case for Brazil supplying fresh water to Argentina. This interconnectedness just shows that we have to place fresh water in the global economy as a global common good.”

Tharman Shanmugaratnam, the president of Singapore and a co-chair of the commission, said countries must start cooperating on the management of water resources before it was too late.

“We have to think radically about how we are going to preserve the sources of fresh water, how we are going to use it far more efficiently, and how we are going to be able to have access to fresh water available to every community, including the vulnerable – in other words, how we preserve equity [between rich and poor],” Shanmugaratnam said.

Global fresh water demand will outstrip supply by 40% by 2030, say experts

The Global Commission on the Economics of Water was set up by the Netherlands in 2022, drawing on the work of dozens of leading scientists and economists, to form a comprehensive view of the state of global hydrological systems and how they are managed. Its 194-page report is the biggest global study to examine all aspects of the water crisis and suggest remedies for policymakers.

The findings were surprisingly stark, said Rockström. “Water is victim number one of the [climate crisis], the environmental changes we see now aggregating at the global level, putting the entire stability of earth’s systems at risk,” he told the Guardian. “[The climate crisis] manifests itself first and foremost in droughts and floods. When you think of heatwaves and fires, the really hard impacts are via moisture – in the case of fires, [global heating] first dries out landscapes so that they burn.”

Every 1C increase in global temperatures adds another 7% of moisture to the atmosphere, which has the effect of “powering up” the hydrological cycle far more than would happen under normal variations. The destruction of nature is also further fuelling the crisis, because cutting down forests and draining wetlands disrupts the hydrological cycle that depends on transpiration from trees and the storage of water in soils.

Harmful subsidies are also distorting the world’s water systems, and must be addressed as a priority, the experts found. More than $700bn (£540bn) of subsidies each year go to agriculture, and a high proportion of these are misdirected, encouraging farmers to use more water than they need for irrigation or in wasteful practices. Industry also benefits – about 80% of the wastewater used by industries around the world is not recycled.

Ngozi Okonjo-Iweala, the director general of the World Trade Organization, also a co-chair of the commission, said countries must redirect the subsidies, axing harmful ones while ensuring poor people were not disadvantaged. “We must have a basket of policy tools working together if we are to get the three Es – efficiency, equity and environmental sustainability and justice. Therefore we have to couple the pricing of water with appropriate subsidies,” she said.

At present, subsidies mainly benefit those who are better off, Okonjo-Iweala added. “Industry is getting a lot of the subsidy, and richer people. So what we need are better targeted subsidies. We need to identify the poor people who really need this,” she said.

The water crisis has an outsized impact on women, one of the commission’s co-chairs said. Photograph: Anjum Naveed/AP

Developing countries must also be given access to the finance they need to overhaul their water systems, provide safe water and sanitation, and halt the destruction of the natural environment, the report found.

Mariana Mazzucato, professor of economics at University College London, and a co-chair of the commission, said loans made by public sector banks to developing countries should be made conditional on water reforms. “These could be improving water conservation and the efficiency of water use, or direct investment for water-intensive industries,” she said. “[We must ensure] profits are reinvested in productive activity such as research and development around water issues.”

Water problems also had an outsized impact on women and girls, Mazzucato added. “One of our commissioners is Yvonne Aki-Sawyerr, the mayor of Freetown in Sierra Leone. She says most of the rapes and abuse of women actually happen when they’re going to fetch water,” Mazzucato said. “Child mortality, gender parity, the water collection burden, the food security burden – they’re all connected.”

Five main takeaways from the report

The world has a water crisis

More than 2 billion people lack access to safe drinking water, and 3.6 billion people – 44% of the population – lack access to safe sanitation. Every day, 1,000 children die from lack of access to safe water. Demand for fresh water is expected to outstrip its supply by 40% by the end of this decade. This crisis is worsening – without action, by 2050 water problems will shave about 8% off global GDP, with poor countries facing a 15% loss. Over half of the world’s food production comes from areas experiencing unstable trends in water availability.

There is no coordinated global effort to address this crisis

Despite the interconnectedness of global water systems there are no global governance structures for water. The UN has held only one water conference in the past 50 years, and only last month appointed a special envoy for water.

Climate breakdown is intensifying water scarcity

The impacts of the climate crisis are felt first on the world’s hydrological systems, and in some regions those systems are facing severe disruption or even collapse. Drought in the Amazon, floods across Europe and Asia, and glacier melt in mountains, which causes both flooding and droughts downstream, are all examples of the impacts of extreme weather that are likely to get worse in the near future. People’s overuse of water is also worsening the climate crisis – for instance, by draining carbon-rich peatlands and wetlands that then release carbon dioxide into the atmosphere.

Water is artificially cheap for some and too expensive for others

Subsidies to agriculture around the world often have unintended consequences for water, providing perverse incentives for farmers to over-irrigate their crops or use water wastefully. Industries also have their water use subsidised, or their pollution ignored, in many countries. Meanwhile, poor people in developing countries frequently pay a high price for water, or can only access dirty sources. Realistic pricing for water that removes harmful subsidies but protects the poor must be a priority for governments.

Water is a common good

All of human life depends on water, but it is not recognised for the indispensable resource it is. The authors of the report urge a rethink of how water is regarded – not as an endlessly renewable resource, but as a global common good, with a global water pact by governments to ensure they protect water sources and create a “circular economy” for water in which it is reused and pollution cleaned up. Developing nations must be given access to finance to help them end the destruction of natural ecosystems that are a key part of the hydrological cycle.

Source: The Guardian