Moya Law Firm

14/09/2026

14/09/2026

Habeas Corpus Not Available Where Detention Is by Judicial Process; Political Offense and Double Jeopardy Claims Must Be Raised at Trial

The Supreme Court held that a petition for a writ of habeas corpus will not prosper when the person is detained pursuant to a valid judicial process, such as an information, warrant of arrest, and commitment order issued by a court with jurisdiction. The Court emphasized that habeas corpus is limited to determining the legality of detention and cannot substitute for remedies available in the ordinary course of trial. It further ruled that claims involving the political offense doctrine and double jeopardy require factual determination and must be raised before the trial court. The ruling underscores the limited scope of habeas corpus and the primacy of trial courts in resolving factual defenses. Read the full text.

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14/09/2026

Legitimated Children Remain Legitimate Despite Nullity of Marriage Under Article 36

The Supreme Court ruled that children who were legitimated by the subsequent marriage of their parents retain their legitimate status even if that marriage is later declared void due to psychological incapacity under Article 36 of the Family Code. The Court held that Article 54 expressly protects the legitimacy of children conceived or born before the finality of a declaration of nullity on this ground. It reasoned that the law does not distinguish between children born before or during the marriage in such cases, and that reverting a child’s status to illegitimacy would contradict both statutory policy and the best interests of the child.

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01/09/2026

SC: Judges Cannot Notarize Affidavits of Cohabitation of Parties Whose Marriage They Solemnize; Doing So Constitutes Gross Ignorance of the Law

The Supreme Court ruled that municipal trial court judges are prohibited from notarizing affidavits of cohabitation of parties whose marriage they will solemnize, as such documents are not connected with their official judicial functions.

Also, the Court explained that the law and the Guidelines on the Solemnization of Marriage contemplate that the person administering the oath and the solemnizing officer are different individuals. Allowing a judge to notarize the affidavit would render his duty to assess its contents meaningless, as he cannot impartially review a document he himself notarized.

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28/08/2026

The (SC) has clarified the rules on serving notices of dishonor in cases involving Batas Pambansa Blg. 22 (BP 22) or the 𝘈𝘯𝘵𝘪-𝘉𝘰𝘶𝘯𝘤𝘪𝘯𝘨 𝘊𝘩𝘦𝘤𝘬 𝘓𝘢𝘸. The SC formally recognized electronic service as a valid mode of serving notice of dishonor, while requiring safeguards to ensure that service can be reliably proven in court.

In a Decision penned by Associate Justice Samuel H. Gaerlan, the SC 𝘌𝘯 𝘉𝘢𝘯𝘤 affirmed the conviction of spouses Arnel and Marivic Carlos for six counts of violating BP 22.

The spouses issued six checks to respondent Tire Star, Inc. as payment for car tires. All six checks were dishonored by the bank as the account they were drawn from had been closed.

The prosecution presented evidence that Tire Star’s messenger personally attempted to serve the notice of dishonor at the spouses’ office, and that the spouses refused to receive it, instructed an employee instead to sign for it.

The spouses then claimed before the SC that they should be acquitted because they were not properly served with a notice of dishonor.

The SC rejected the spouses’ argument, emphasizing that an accused cannot defeat a BP 22 prosecution simply by denying receipt of the notice or refusing to accept it. Otherwise, issuers could easily evade liability by avoiding service.

To promote uniformity and reduce disputes, the SC clarified the acceptable modes of serving notices of dishonor.

𝗣𝗲𝗿𝘀𝗼𝗻𝗮𝗹 𝘀𝗲𝗿𝘃𝗶𝗰𝗲 remains the preferred mode. The notice may be delivered directly to the issuer or, in the case of a business, to an authorized representative. If the issuer cannot be served at the office, the notice may be left at the issuer’s residence with an adult resident between 8:00 A.M. and 6:00 P.M.

The person serving the notice must execute an affidavit stating when, where, and how service was made. When practicable, service should be documented through photographs or video recordings, subject to proper authentication in court.

If personal service is not practicable, the notice of dishonor may be sent by 𝗿𝗲𝗴𝗶𝘀𝘁𝗲𝗿𝗲𝗱 𝗺𝗮𝗶𝗹, or where registry service is unavailable, by 𝗼𝗿𝗱𝗶𝗻𝗮𝗿𝘆 𝗺𝗮𝗶𝗹. The person serving the notice must likewise execute an affidavit explaining why personal service could not be made and attach the supporting postal documents.

The SC also recognized 𝗲𝗹𝗲𝗰𝘁𝗿𝗼𝗻𝗶𝗰 𝘀𝗲𝗿𝘃𝗶𝗰𝗲, ruling that a notice of dishonor may now be served through email as a primary mode of service when the issuer previously provided their email address. Electronic service may likewise be used through platforms such as 𝘝𝘪𝘣𝘦𝘳, 𝘍𝘢𝘤𝘦𝘣𝘰𝘰𝘬 𝘔𝘦𝘴𝘴𝘦𝘯𝘨𝘦𝘳, or similar applications, provided it can be verified that the electronic account belongs to the issuer.

Electronic service may also be used when the issuer refuses to receive the notice, avoids service, or when personal service is otherwise impracticable. In such cases, the electronic notice must be sent within 24 hours after the final unsuccessful attempt at personal service and must state the dates and details of those failed attempts.

The sender must also execute an affidavit and preserve supporting evidence, such as screenshots, messages, delivery or read receipts, or chat histories., stressing that a simple denial of receipt is not enough to invalidate electronic service.

In all instances, to successfully dispute service, the issuer must show that it was physically impossible to have received the notice at the time and place it was served.

The spouses were fined a total of PHP 609,972.58 for the six BP 22 violations, with subsidiary imprisonment in case of nonpayment. They were also ordered to pay Tire Star the same amount, plus interest.

In his Concurring Opinion, Senior Associate Justice Marvic M.V.F. Leonen agreed that electronic service should not merely be a substitute but a primary mode of service consistent with contemporary means of communication and the Judiciary’s ongoing digital reforms.

Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=172159.

Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=171528.

Read the Concurring Opinion of Senior Associate Justice Leonen at https://sc.judiciary.gov.ph/?p=171527.

Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution-policy/.

26/08/2026

The (SC) has ruled that a sales agent’s promise to issue a Contract to Sell after payment of reservation fee is not an “advertisement” under Presidential Decree No. (PD) 957, or the 𝘚𝘶𝘣𝘥𝘪𝘷𝘪𝘴𝘪𝘰𝘯 𝘢𝘯𝘥 𝘊𝘰𝘯𝘥𝘰𝘮𝘪𝘯𝘪𝘶𝘮 𝘉𝘶𝘺𝘦𝘳𝘴’ 𝘗𝘳𝘰𝘵𝘦𝘤𝘵𝘪𝘷𝘦 𝘋𝘦𝘤𝘳𝘦𝘦, that would form part of developer’s warranties. However, the developer may still be required to refund a buyer if it fails to honor that promise.

In a Decision written by Associate Justice Maria Filomena D. Singh, the SC’s Third Division ordered Empire East Land Holdings, Inc. (Empire East) to refund the payments made by John Edrem Bautista (Bautista) after it failed to issue the promised Contract to Sell.

Bautista paid Empire East for a residential unit PHP 130,000, consisting of a PHP 20,000 reservation fee and PHP 110,000 in additional payments. He claimed he made the payments because Empire East’s sales agent promised to issue a Contract to Sell once he paid the reservation fee. When more than a year passed without the contract being issued, Bautista stopped making payments and demanded a refund.

The SC, agreeing with both the Human Settlements Adjudication Commission (HSAC) and the Court of Appeals which ruled in Bautista’s favor, held that Bautista was entitled to a refund but clarified that the sales agent’s promise did not fall under Section 19 of PD 957.

The SC clarified that Section 19, which mandates truthful and non-misleading advertisements and sales materials, applies only to materials intended for the general public, such as those in those in newspapers, radio, TV, or similar mass communication channels. It does not cover promises made by a sales agent to individual buyers.

The SC emphasized that buyers remain protected, as developers may still be held liable under their contractual obligations and other applicable laws.

The SC ordered Empire East to refund Bautista the PHP 130,000 with interest of 6% per annum reckoned from the filing of the complaint in 2012, as well as to pay PHP 260,000 in exemplary damages, which courts award to discourage wrongful conduct and warn against similar actions.

Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=171359.

Read the full text of the Decision at https://sc.judiciary.gov.ph/wp-content/uploads/2026/05/272556-1.pdf.

Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attributionon-policy.

26/08/2026

The (SC) has ruled that courts may determine whether a party is alive or dead in an ejectment case when necessary to resolve who has the right to possess a property. However, this finding is only provisional and applies solely to the ejectment case.

In a Decision written by Chief Justice Alexander G. Gesmundo, the SC’s First Division emphasized this ruling as it denied the appeal filed by Belinda E. Soriano and her relatives (collectively, Belinda and others) in an ejectment case filed against them by Antonio V. Estrella (Estrella).

Estrella claimed ownership of a property in Quezon City where Belinda and others lived with his permission. When they refused his demand in 2012 to vacate the property so he could renovate it, Estrella filed an unlawful detainer case.

Belinda and others argued that the case should be dismissed because Estrella supposedly lacked the legal capacity to sue, having died in 1990. They provided his death certificate as evidence.

Ruling in Estrella’s favor, the SC held that Estrella had successfully overcome the presumption created by his death certificate. The parties themselves acknowledged that the Estrella who filed the case was the same Estrella named in the property’s title. Belinda and others never claimed that he was an impostor or disputed his identity. This, along with Estrella’s living presence, confirmed his legal capacity to sue.

​The SC clarified that while the proper remedy to cancel a death certificate or correct a civil registry entry is to file a petition for cancellation, this does not prevent courts hearing ejectment cases from provisionally determining whether a party is alive or dead when necessary to resolve the issue of possession.

Accordingly, the SC held that a court’s finding on whether a party is alive or dead in an ejectment case is limited to determining that party’s legal capacity to sue and right to physical possession of the property.

The SC also ruled that the requirements for unlawful detainer were met. Belinda and others initially had lawful possession of the property; however, it became unlawful once Estrella demanded that they vacate and they refused, leading him to file the case within the one-year period required by law.

Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=171407.

Read the full text of the Decision at https://sc.judiciary.gov.ph/236333-belinda-e-soriano-et-al-vs-antonio-v-estrella/.

Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution-policy/.

26/08/2026

TRIGGER WARNING ⚠️

The following case involves violence and abuse of a minor. Please be responsible and respectful in the comments. Reader discretion is advised.

Robbery with R@p3 Does Not Include S3xu@l Assault; Separate Convictions Proper Under Strict Construction of Penal Laws

The Supreme Court (SC) En Banc ruled that s3xual assault is not included in the special complex crime of robbery with r@p3 under Article 294 of the Revised Penal Code, because the law contemplates only r@p3 by carnal knowledge. Applying strict construction of penal laws and legislative intent, the Court held that when robbery is accompanied by s3xu@l assault, the accused must be convicted of two separate offenses. The ruling underscores that criminal statutes cannot be expanded by implication to impose harsher penalties.

Brief Facts

The accused was charged with robbery with r@p3 after allegedly breaking into a house, taking personal property, and s3xu@lly assaulting a seven-year-old minor by inserting his tongu3 into her g3nitali@. The Regional Trial Court convicted him of robbery with r@p3, which the Court of Appeals affirmed with modification. On appeal, the accused challenged the credibility of the prosecution’s evidence.

Read the full text here: [https://dlsurf.com//robbery-with-rape-does-not-include-sexual-assault-separate-convictions-proper-under-strict-construct]

26/08/2026

SC: Three-Day Post-Employment Medical Reporting is Mandatory; Non-Compliance Forfeits Seafarer Disability Claims

The Supreme Court ruled that a seafarer’s failure to submit to a post-employment medical examination within three working days from repatriation is fatal to a claim for disability benefits, resulting in forfeiture of such claims. The Court emphasized that entitlement to disability compensation under the POEA Standard Employment Contract (POEA-SEC) requires strict compliance with procedural and substantive requirements, including proof of work-relatedness and observance of the mandatory reporting rule.

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