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August 25, 2025

Applicability of Stipulated Rate and Legal Rate

Article 1306 of the Civil Code allows parties to establish stipulations, clauses, terms, and conditions as they may deem convenient, provided that they are not contrary to law, morals, good customs, public, or public policy. Hence, it is common practice for parties in a loan agreement to impose interest rate and depart from the legal interest rate. To understand the applicability of stipulated rate and legal interest, one must know that there are two kinds of interest under the Civil Code.

August 25, 2025

Legal Effects of New Law on Adoption (Republic Act No. 11642)

Republic Act No. 11642 (R.A. 11642), also known as Domestic Administrative Adoption and Alternative Child Care Act of 2022 was promulgated on January 6, 2022. The law aims to provide a simpler and inexpensive domestic administrative adoption proceedings and streamline services for alternative child care. Aside from making the domestic adoption no longer a judicial act but administrative process within the original and exclusive jurisdiction of the National Authority for Child Care (NACC), the effectivity of the new law on adoption had a significant legal effect on the adoptee and adopter in terms of legitimacy, parental authority and successional rights.

August 23, 2025

Preterition

Article 854 of the Civil Code defines preterition as the omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator

August 23, 2025

Property Regimes of Union Without Marriage (Article 147 and 148)

The Family Code outlines two distinct property regimes for cohabiting couples, particularly: (1) Couples who are capable of Marrying Each Other; and (2) Couples who are not Capacitated to Marry Each Other.

July 10, 2025

Writ of Habeus Corpus (Rule 102)

Habeas Corpus is a summary remedy. It is a special proceeding governed by Rule 102 of the Rules of Court, as amended. The sole purpose of resorting to Writ of Habeas Corpus is to have the person's restraint be presented before the judge in order that the cause of his detention may be inquired into and his statements final.

July 10, 2025

How to Acquire Philippine Citizenship through Naturalization

Section 1, Article 4 of the 1987 Constitution enumerates who are the citizens of the Philippines, as follows:

July 10, 2025

Rules on Electronic Evidence

On July 17, 2001, the Supreme Court issued and approved the Rules on Electronic Evidence (“RRE”) which took effect on August 1, 2001. Thereafter, the 2019 Proposed Amendments to the Revised Rules on Evidence was approved by the Supreme Court on October 8, 2019 and took effect on May 1, 2020.

July 09, 2025

How to Amend Articles of Incorporation and By-Laws using SEC eAMEND?

On January 15, 2024, the Securities and Exchange Commission (“SEC”) issued SEC Memorandum Circular (MC) No. 3- 2024 that gives a guideline on the use of the Electronic Application for Modification of Entity Data (eAMEND) Portal. Prior to MC 3-2024, applicants are required to manually accomplish the amendments forms and submit together with the hard copies of either the amended Articles of Incorporation (“AOI”) and/or By-Laws (“BL”) and other requirements.

July 09, 2025

Constitutional Prohibition Against Dual/Multiple Offices

Section 13, Article VII of the 1987 Philippine Constitution expressly prohibits specific public officials from holding any other office or employment during their tenure, to wit:

July 08, 2025

Pregnancy of Unmarried Teacher Cannot Be a Valid Ground for Suspension

Under the Labor Code of the Philippines, an employer can terminate their relationship with the employee provided that they have established that there is a just or authorized cause, as defined under the law. Aside from establishing the grounds above mentioned, it must undergo due process.

July 08, 2025

Nonmarital Child Inheriting from Grandparents

According to Article 992 of the Civil Code, an illegitimate child has no right to inherit ab intestato (intestate succession) from the legitimate children and relatives of his parents and vice versa. This rule on succession is characterized as the “ironcurtain rule” which is a rule of barrier between legitimate family and illegitimate family.

April 14, 2025

Duterte ICC Arrest, Explained

On March 12, 2025, former President Rodrigo Roa Duterte was surrendered to the custody of the International Criminal Court (ICC) at the Hague after his arrest in Manila on March 11, 2025. The arrest was based on an ICC warrant for crimes against humanity.

April 14, 2025

Appeal For Visa Cancellation

There are various reasons for the immigration authority to cancel your visa. The possibility and process for applying for a new one would depend on the immigration law of the country you are applying to and the grounds for canceling your visa. In this case, here are some of the things you should consider when it happens:

April 14, 2025

Child Support

Enacted in 1987, the Philippines’ framework for child support is primarily guarded by the Family Code (Art. 194-211), where the child/s’ rights, and obligations of parents and family relations are comprehensively addressed. These laws and regulations are placed to protect the rights of the children and establish mechanisms in which child support can be obtained.

March 7, 2025

Rules of Guardianship

It is established that the father and the mother of a minor are their guardians by default, denoting that its parents shall provide all primary needs of the child. However, in cases where the parents are deemed unable to provide necessary care for the child, a petition for guardianship shall be filed.

March 7, 2025

Removing your name from The Philippines Blacklist

In the Philippine context, blacklisted individuals may be barred from three (3) months to a lifetime depending on the gravity of the violation, pursuant to the Immigration Administrative Circular No. SBM-2014-001. This ruling sets the period for lifting the entries of those included in the Blacklist Order (BLO), it must also be noted that the process for removing one’s name on the BLO is complex in nature as it involves both legal and administrative procedures.

March 6, 2025

Alien Employment Permit

The Philippines is renowned for its diverse and dynamic workforce. In recent years, the country has emerged as a dynamic hub for international business, attracting many expatriates seeking professional opportunities in various sectors. However, foreign nationals who wish for employment in the Philippines that lasts more than six months (6) must obtain an Alien Employment Permit (AEP) issued by the Department of Labor and Employment. An AEP authorizes foreign nationals to work in the country, this serves as evidence that the employment of a foreign national will not be detrimental to the interests of qualified Filipino workers.

February 28, 2025

Recognition of Foreign Divorce in the Philippines

A divorce between a foreigner and a Filipino may be recognized in the Philippines.

February 20, 2025

Impeachment: A Class of Its Own

Impeachment is a political proceeding exercised by the legislative branch of government. It is not an administrative, civil, or criminal proceeding but a class of its own.

February 19, 2025

Persons with Disabilities Identification (PWD ID)

Persons with Disabilities (“PWDs”) may enjoy certain rights and privileges under the law. The grand purpose of these rights and privileges is to improve their full well-being and achieve their integration into mainstream society.

February 13, 2025

Anti-Money Laundering Act

Republic Act No. 9160 otherwise known as The Anti-Money Laundering Act of 2001, together with Republic Act No. 9194, criminalizes money laundering in the Philippines. The purpose of enacting the law is to combat money laundering and ensure that the Philippines is not used to launder proceeds from unlawful activities.

February 12, 2025

Premium Payment

Insurance is a contract whereby one undertakes for a consideration to indemnify another against loss, damage or liability arising from an unknown or contingent event. (Sec. 2[a], Insurance Code) Just like any other contract, it requires a cause or consideration. The consideration thereto is called premium.
Premium refers to the consideration paid to an insurer for undertaking to indemnify the insured against specified peril.

February 11, 2025

Putang Ina Principle

The phrase “putang ina mo” is frequently used to express anger, excitement, sadness or surprise. Thus, when the issue arose whether that statement is slanderous that is punishable under the Revised Penal Code, the Supreme Court ruled in the negative.

February 7, 2025

Transfer of Shares of Stocks

One of the problems for buyers of shares in a corporation is the procedural aspect of it, particularly if the shares are purchased from the holder of the shares. Buyers frequently make the mistake of assuming that as long as they pay the consideration, the shares are already transferred to their name or that they own the shares automatically in the corporation.

February 5, 2025

Grave Threats

When someone threatens to take your life or your family member, that person can be prosecuted for the crime of grave threats. Under Article 282 of the Revised Penal Code, it provides that any person who shall threaten another with the infliction of any wrong amounting to a crime upon the person, honor, or property of the latter or of his family constitutes the crime of Grave Threats.

February 3, 2025

Incontestability Clause

Incontestability clause is a provision in law that after a policy of life insurance made payable on the death of the insured shall have been in force during the lifetime of the insured for a period of two (2) years from the date of its issue or of its last reinstatement, the insurer cannot prove that the policy is void ab initio or is rescindible by reason of fraudulent concealment or misrepresentation of the insured or his agent.

June 1, 2024

Unjust Vexation

Does someone try to irritate you? Or somebody who annoys you? Fear not - acts that infuriate, vex or torment another person are punishable under the Revised Penal Code called unjust vexation. Unjust vexation is a form of light coercion punishable under Article 287 (2) of the Revised Penal Code.

May 30, 2024

Process of Legitimation

Under the Family Code, there exists a classification of children based on the rights granted by law. A child born within a lawful marriage is legitimate, while a child born outside of wedlock is considered illegitimate. On the other hand, if the latter's parents were, at the time of the child's conception, not legally barred from marrying each other and subsequently do so, the child's filiation improves as he becomes legitimized and the "legitimated" child eventually enjoys allthe privileges and rights associated with legitimacy.(De Santos vs. Hon. Angeles, G.R. No. 105619, December12, 1995)

May 27, 2024

Maceda Law

Most low income earners who wish to acquire a lot must be aware of their rights as buyers. Rights of buyer of real estate such as house and/or lot or condominium to be used as “residence” of the buyer that is payable in installment payments are governed by Republic Act No. 6552, the Realty Installment Buyer Act or more popularly referred to as the Maceda Law which protects them against onerous and oppressive conditions.

May 25, 2024

Lost and Found : Crime of Theft

Although most people believe that the crime of theft only involves taking someone else's property without using force, theft can also occur when someone fails to report lost items to the rightful owner or the appropriate authorities

May 23, 2024

Application For Bail

Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under certain specified conditions. (Section 1, Rule 114, Rules of Court)

February 26, 2024

Citizenship Retention and Reacquisition

The advancement in migratory dynamics and the increasing trend of Filipinos establishing lives abroad prompt a progressive and inclusive approach to Philippine legislation through its Dual Citizenship law. The Republic Act No. 9225, otherwise the Citizenship Retention and Reacquisition Act of 2003, regulates dual citizenship status in the Philippines. This law enables former natural-born Filipinos to retain/reacquire the Philippine citizenship they’d lost when they became a naturalized citizen of another country.

February 22, 2024

Domestic and Foreign Adoption

Adoption in the Philippines is governed by the Domestic Adoption Act of 1998 (RA 8552), the Inter-Country Adoption Act of 1995 (RA 8043), and most recently, the Domestic Administrative Adoption and Alternative Child Care Act (RA11642) that was created to expedite the adoption process in the Philipines. Therefore, any adoption applicant undergoes a thorough screening and evaluation process under the National Authority for Child Care (NACC) to ensure the adoption is in the child’s best interest.

January 29, 2024

Overtime pay in the Philippines

The competitive and fast-paced business environment has increased the demand for more than eight hours (8) of the allotted working hours. Fortunately, the Philippine Law recognizes the importance of overtime work and has established a legal framework to ensure fair compensation for employees beyond their working hours.

January 25, 2024

Employer-Employee Relationship

It is established that the employment status of a person is defined and prescribed by law and not by what the parties decide it to be (Century Properties, Inc. vs. Concepcion, G.R. No. 220978, July 05, 2016). Thus, the existence of employer-employee relationship (EER) cannot be negated by repudiating the same through management contracts.

January 15, 2024

Election

The B.P. Blg. 881 or otherwise known as “Omnibus Election Code of the Philippines” (OEC) provides two (2) available remedies that may filed against bona fide candidates, viz: (1) Petition for Disqualification and (2) Petition to Deny Due Course to or Cancel a Certificate of Candidacy.

January 11, 2024

Intellectual Property Rights

Intellectual property has become a legal and economic concern in the dynamic landscape of the Philippines. Intellectual property protection has risen over time as the country progressed in creativity, technology, and commerce. The Republic Act No. 8293, or the Intellectual Property Code of the Philippines, is designed to grant intellectual property protection to scientists, inventors, artists, and gifted individuals on their creations.

December 11, 2023

Person's Liable for Cyber Libel

With the growing number of socialmedia users,social media became one of the primary tools of communication in the Philippines. In the Philippines,as of January 2023, there are 84.45million social media users or 72.5 percent of the total population, 116.5million to be exact.

December 7, 2023

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