Atty. Aie

07/09/2025

Every BAR season, I start to remember everything I've been through to get my DOT. You just have to put your faith in the Lord and trust that you will get what you pray for in His time.

I also remember humming this song during the excruciating 30minutes just sitting down to wait to start, while tears stream down my cheeks.

I still cry now everytime I sing this.

To the 2025 BAR takers, trust in HIM that you WILL get that DOT.

Lyric Video for "In His Time" from The Praise Series by Maranatha! Music.Spotify: https://spoti.fi/2KnujwkiTunes/Apple Music: https://apple.co/2jXXgnhGoogle ...

07/09/2025

This was our graduation song, and I held on to it.

THE CLIMB

I can almost see it
That dream I'm dreaming
But there's a voice inside my head saying
You'll never reach it
Every step I'm taking
Every move I make feels
Lost with no direction
My faith is shaking

But I, I gotta keep trying
Gotta keep my head held high

There's always gonna be another mountain
I'm always gonna wanna make it move
Always gonna be an uphill battle
Sometimes I'm gonna have to lose
Ain't about how fast I get there
Ain't about what's waiting on the other side
It's the climb

The struggles I'm facing
The chances I'm taking
Sometimes might knock me down, but
No, I'm not breaking

I may not know it
But these are the moments, that
I'm gonna remember most, yeah
Just gotta keep going
And I, I gotta be strong
Just keep pushing on, 'cause

There's always gonna be another mountain
I'm always gonna wanna make it move
Always gonna be an uphill battle
Sometimes I'm gonna have to lose
Ain't about how fast I get there
Ain't about what's waiting on the other side
It's the climb

04/09/2025

RECOGNITION OF FOREIGN DIVORCE

This refers to the process of obtaining judicial recognition of a divorce validly obtained abroad, which grants the Filipino spouse the capacity to remarry under Philippine law.

REQUIREMENTS:

1. A certified true copy of the foreign divorce decree. (Apostilled)

2. An official English translation of the divorce decree if it is in a foreign language. (Apostilled)

3. A certified copy of the foreign country's law on divorce, which must state that the parties are free to remarry. (Apostilled)

4. The Philippine Statistics Authority (PSA) Certificate of Marriage or Marriage Contract.

5. Valid government IDs of both spouses.

15/02/2025

NO DOUBLE JEOPARDY IN CERTIORARI FOR GAD

In People v. Celorio, (Celorio), the Court, through Associate Justice Rosmari D. Carandang, held that an appeal by the government seeking to increase the penalty imposed by the trial court places the accused in double jeopardy. However, the Court also explained in Celorio that a special civil action for certiorari, ascribing as it does grave abuse of discretion on the part of a tribunal in imposing the erroneous or invalid penalty, does not place the accused in double jeopardy.

For double jeopardy to apply, the judgment in the first jeopardy must have been issued by a court of competent jurisdiction, the very issue in a certiorari petition, which seeks to correct errors of jurisdiction. When the writ is issued, the court is "vacated of its jurisdiction" and "its judgment takes no effect." Thus, there is no double jeopardy if the court handing down the sentence in the first jeopardy is ousted of its jurisdiction. Conversely, if it is ultimately found that there was no grave abuse of discretion on the part of the court in the first jeopardy and the court is not vacated of its jurisdiction, then a writ of certiorari may not be issued and the penalty may not be increased since it violates the right of the accused against double jeopardy.

GR.256700 , Apr. 25, 2023

12/02/2025

ESTAFA

The elements of Estafa under paragraph 2(a), Article 315 of the RPC are:
(a) that there must be a false pretense or fraudulent representation as to his power, influence, qualifications, property, credit, agency, business or imaginary transactions;
(b) that such false pretense or fraudulent representation was made or executed prior to or simultaneously with the commission of the fraud;
(c) that the offended party relied on the false pretense, fraudulent act, or fraudulent means and was induced to part with his money or property; and
(d) that, as a result thereof, the offended party suffered damage.

08/05/2024

BP22 Evidence of knowledge of insufficient funds.

"In order to create the prima facie presumption, that the issuer knew of the insufficiency of funds, it must be shown that he or she received a notice of dishonor and within five banking days thereafter, failed to satisfy the amount of the check or shall arrange for its payment.17 The prosecution is burdened to prove the acts that gave rise to the prima facie presumption. On the other hand, the drawer has the right to adduce evidence to rebut the same. It is important to stress that this presumption is not conclusive, or one that forecloses or precludes the presentation of evidence to the contrary.18 Thus, the drawer of the check can still overturn the prima facie presumption by proving that the holder thereof was paid the amount due thereon, or that arrangements were made for payment in full by the drawee of the check within five banking days after receipt of notice that such check has not been paid by the drawee bank."

GR No. 150618

08/04/2024

ONLINE SEXUAL HARASSMENT

Gender-based online sexual harassment refers to an online conduct targeted at a particular person that causes or likely to cause another mental, emotional or psychological distress, and fear of personal safety, sexual harassment acts including unwanted sexual remarks and comments, threats, uploading or sharing of one’s photos without consent, video and audio recordings, cyberstalking and online identity theft.

(RA 11313 Sec. 3e)

08/04/2024

Is “No Return, No Exchange” policy allowed?

No, it is not allowed. The prohibition on the “No Return, No Exchange” policy is enforced so that consumers may exercise their right to 3Rs – REPAIR, REPLACEMENT, and REFUND in case the product purchased has imperfection or defect pursuant to the Consumer Act of the Philippines (R.A. 7394).

However, the said policy does not apply under the following situations:

*If the product purchased has no imperfection or defect, or if not expired or fake, the store may opt not to replace or refund
*When the defects of the goods are due to the mishandling of the buyer
*In cases of “as-is-where-is” transactions
*If the consumer had a change of mind
*The sale of second-hand articles

(fairtrade.dti.gov.ph)

07/04/2024

CUTTING OFF LESSEE'S UTILITIES
G.R. No. 163898 December 23, 2008

"The records show that there was no violence, force or the display of it as would produce intimidation upon petitioner’s employees when the cutting off of petitioner’s electricity was effected. On the contrary, it was done peacefully and after written notice to petitioner was sent. We do not subscribe to petitioner’s claim that the presence of armed guards were calculated to intimidate him or his employees. Rather, we are more inclined to believe that the guards were there to prevent any untoward or violent event from occurring in the exercise of TPI’s rights under the lease agreements. If the respondents desired a violent result, they would have gone there unannounced or cut petitioner’s electricity through less desirable and conspicuous means.

It is likewise clear from the penalty clause in the Contracts of Lease entered into by the parties that TPI is given the option to cut off power and other utility services in petitioner’s stalls in case petitioner fails to pay at any time the installments on the priority premium, lease rentals or CUSA and utility charges corresponding to a total of three months until full payment of said charges, expenses, penalty and interest is made. The stipulation under said clause is clear; there is no ambiguity in what is stated. There could be no grave coercion in the private respondents’ act of exercising in behalf of TPI a right afforded to TPI under the solemn and unequivocal covenants of a contract to which petitioner had agreed and which he did execute and sign.

As held by this Court in a previous case which we find instructive:

Contracts constitute the law between the parties. They must be read together and interpreted in a manner that reconciles and gives life to all of them. The intent of the parties, as shown by the clear language used, prevails over post facto explanations that find no support from the words employed by the parties or from their contemporary and subsequent acts showing their understanding of such contracts. ###

As held in Pryce Corporation v. Philippine Amusement and Gaming Corporation:

A penal clause is "an accessory obligation which the parties attach to a principal obligation for the purpose of insuring the performance thereof by imposing on the debtor a special prestation (generally consisting in the payment of a sum of money) in case the obligation is not fulfilled or is irregularly or inadequately fulfilled."

Quite common in lease contracts, this clause functions to strengthen the coercive force of the obligation and to provide, in effect, for what could be the liquidated damages resulting from a breach. There is nothing immoral or illegal in such indemnity/penalty clause, absent any showing that it was forced upon or fraudulently foisted on the obligor."

07/04/2024

RIGHT OF WAY
G.R. No. 194488 February 11, 2015

"Article 650 of the Civil Code provides that in determining the existence of an easement of right of way, the requirement of "least prejudic[e] to the servient estate" trumps "distance [between] the dominant estate [and the] public highway." "Distance" is considered only insofar as it is consistent to the requirement of "least prejudice."

This court had already affirmed the preferred status of the requirement of "least prejudice" over distance of the dominant estate to the public highway. Thus, in Quimen, this court granted the longer right of way over therein respondent’s property because the shorter route required that a structure of strong materials needed to be demolished. This court said:

[T]he court is not bound to establish what is the shortest distance; a longer way may be adopted to avoid injury to the servient estate, such as when there are constructions or walls which can be avoided by a round about way, or to secure the interest of the dominant owner, such as when the shortest distance would place the way on a dangerous decline.
. . .

The criterion of least prejudice to the servient estate must prevail over the criterion of shortest distance although this is a matter of judicial appreciation. While shortest distance may ordinarily imply least prejudice, it is not always so as when there are permanent structures obstructing the shortest distance; while on the other hand, the longest distance may be free of obstructions and the easiest or most convenient to pass through. In other words, where the easement may be established on any of several tenements surrounding the dominant estate, the one where the way is shortest and will cause the least damage should be chosen. However, as elsewhere stated, if these two (2) circumstances do not concur in a single tenement, the way which will cause the least damage should be used, even if it will not be the shortest."