1987 Constitution of the Republic of the Philippines Article II – Declaration of Principles and State Policies Principles Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. Section 3. Civilian authority is, at all times, supreme over military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. Section 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State
1987 Constitution of the Republic of the Philippines Article I – National Territory The national territory comprises the Philippine Archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimension, form part of the internal waters of the Philippines.
1987 Constitution of the Republic of the Philippines – Preamble We, the sovereign Filipino People, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and inspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.
The Bureau of Internal Revenue’s Run After Tax Evaders (RATE) program, headed by Com. Kim Jacinto-Henares again exercised its shrewdness as they file a case last mid-April 2012 against Atty. L, under Sec. 254 or the Attempt to Evade or Defeat Tax and Sec. 255 which is the Failure to File Return, Supply Correct and Accurate Information, Pay Tax, Withhold and Remit Tax and Refund Excess Taxes Withheld on Compensation, both of the National Internal Revenue Code of 1997. Atty. L was caught off the hook by the BIR when an evaluation of the Alpha List of Income Payments were submitted by his bank clients,(BPI, BDO, AUBC, and HSBC among others,) together with the BIR Form 1604E, that shows Atty. L received income payments of P6.24 million for 2009 and P8.40 million for 2010. Bank of the Philippines Islands, as one of Atty. L’s clients certified that they paid him
SAMPLE ONLY FOR A ONE PERSON CORPORATIONWITH A SINGLE STOCKHOLDER WHO IS A NATURAL PERSON Articles of Incorporation of ___________________________________, OPC (Name of One Person Corporation) The undersigned, of legal age, voluntarily forms a One Person Corporation (OPC) under the laws of the Republic of the Philippines and certifies the following: First: That the name of said corporation shall be ________________________________, OPC; Second: That the purpose or purposes for which such corporation is incorporated are: (If there are more than one purpose, indicate primary and secondary purposes); Third: That the principal office of the OPC is located in ___________________________________________________________________; Fourth: That the OPC shall have perpetual existence; (If the OPC has a specific term of existence): That the OPC shall have a term of existence of _________ years from the date of issuance of the certificate of incorporation; State the specific term of existence in words followed by the figure
SAMPLE FORM OF NOTICE TO CHANGE NOMINEE/ ALTERNATE NOMINEE OF THE ONE PERSON CORPORATION Date: ___________ Company Registration and Monitoring Department Securities and Exchange Commission Secretariat Building, PICC Complex Roxas Blvd., Pasay City Gentlemen: In compliance with the requirement of Section 126 of the Revised Corporation Code of the Philippines, the undersigned hereby notifies the Securities and Exchange Commission of a change in the nominee and alternate nominee of ____________________________________________, OPC, as indicated in the Articles of Incorporation, under SEC Reg. No. _________________. I, therefore, submit the names of the new nominees and their written consent as follows: Name Nationality Residence Nominee: ________________ ________________ ________________ Alternate Nominee: ________________ ________________ ________________ I consent to my appointment as Nominee: I consent to my appointment as Alternate Nominee: _______________________ (Signature of the nominee) TIN: ________________ _______________________ (Signature of the alternate) TIN: ________________ Certified Correct: ___________________________________ (Signature and name of
SAMPLE OF ACCEPTANCE LETTER OF THE NOMINEE AND ALTERNATE NOMINEE OF THE ONE PERSON CORPORATION Date: ____________ To: (Name of single stockholder) (Name of the One Person Corporation) (Address of the One Person Corporation) Dear Mr./Ms. ____________: I am writing to confirm my acceptance of the offer to be your designated nominee (or alternate nominee), in compliance with the requirement of the Revised Corporation Code of the Philippines for the purpose of registration of your One Person Corporation with the Securities and Exchange Commission. I have understood the extent and limitations of my authority as nominee (or alternate nominee) in the event that I am called to manage the affairs of the One Person Corporation, as we discussed. Thank you. Very truly yours, ____________________________________________ (Signature and name of nominee or alternate nominee) TIN: __________________________ Note: The nominee and alternate nominee can sign their names in the same letter as acceptance
SAMPLE ONLY FOR A ONE PERSON CORPORATIONUNDER THE NAME OF AN ESTATE OR TRUSTEE Articles of Incorporation of ___________________________________, OPC (Name of One Person Corporation) The undersigned, of legal age, voluntarily forms a One Person Corporation (OPC) under the laws of the Republic of the Philippines and certifies the following: First: That the name of said corporation shall be ________________________________, OPC; Second: That the purpose or purposes for which such corporation is incorporated are: (If there are more than one purpose, indicate primary and secondary purposes); Third: That the principal office of the OPC is located in ___________________________________________________________________; Fourth: That the OPC shall have perpetual existence; (If the OPC has a specific term of existence): That the OPC shall have a term of existence of _________ years from the date of issuance of the certificate of incorporation; State the specific term of existence in words followed by the figure enclosed
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