Atty. Jose Maria Rosales

Atty. Jose Maria Rosales Official page of Atty. Jose Maria Rosales

"ACCESS TO JUSTICE IS A RIGHT"Free Walk-in Legal Consultation and Notarization of Simple Affidavits. Bring Two (2) Copie...
25/04/2026

"ACCESS TO JUSTICE IS A RIGHT"

Free Walk-in Legal Consultation and Notarization of Simple Affidavits. Bring Two (2) Copies of the Affidavits to be Notarized and a valid government issued ID.

May 11, 2026 (Monday) 9AM to 12PM
at Barangay Alijis Celita Gym, Celita Village, Barangay Alijis Bacolod City.

Simple affidavits include:
Non-commercial documents
Affidavit of loss
Affidavit of birth
SALN for public school teachers
and other similar simple affidavits.

15/04/2026

Under the House’s Rules on Impeachment (Section 7 of Rule III), the members of the House of Representatives of the Philippines' Committee on Justice (CJ) are allowed to examine and cross-examine “witnesses” but the CJ conveniently tagged Madriaga as a “resource person” to evade any efforts questioning his credibility. A member can only attack the credibility of a witness but not resource persons.

But as clear as day, Madriaga is not only a witness but a “star” witness to the allegation of corruption against VP Inday Sara Duterte. The Impeachment complaint has now become to what Madriaga says against what the VP will say. Hence, Madriaga is no longer a resource person but a star witness of the complainants. Therefore, as a star witness, his credibility and character must be put to the test by CJ members.

Furthermore, in Duterte v. House of Representative, the Supreme Court clearly stipulated that “the proper charge should be accompanied with sufficiently clear and convincing evidence that constitutes proof of the acts and omissions that are considered as impeachable offenses.”

In these proceedings, the complaint was not accompanied by evidence sufficient to initiate impeachment (hence this fishing expedition with Madriaga et al), but the House, bent on diverting the attention of the Filipino people away from the incredibly scandalous flood control corruption amounting to Php 1.4T (big T), went ahead with its theatrics and sensationalized the VP’s alleged Php 127M (small M) misuse that was already cleared by COA.

This is no longer about accountability. This is already about making sure that the next president is not one who will investigate and prosecute flood control politicians.

For purposes of issuing a resolution for the Articles of Impeachment, the House of Representatives of the Philippines C...
09/04/2026

For purposes of issuing a resolution for the Articles of Impeachment, the House of Representatives of the Philippines Committee on Justice, issued several subpoenas for the compulsory production of evidence against the Vice President Inday Sara Duterte

During this time, the question that must be answered is: is the House Committee on Justice empowered to issue a subpoena in aid of impeachment?

As established by jurisprudence, the House, pursuant to Article VI, Section 21 of the 1987 Constitution, and incidental to its power to legislate, is traditionally recognized to have power of issuing a subpoena “in aid of legislation.” This power allows them to have the right information that can provide the much-needed guidance on finalizing a bill. This power, without a doubt, is innate with the House.

Is the impeachment process in the house “in aid of legislation”? Does the terminal end of impeachment produce a law? By impeachment, is any law amended or modified? The answer is no. No production, amendment, or modification of the law is effected by the conclusion of the impeachment. Hence, impeachment proceedings are not “in aid of legislation.”

So does the House Committee on Justice empowered to issue a subpoena in aid of impeachment?

Not yet. It is my view that at this stage of the proceedings, the house in not yet empowered to issue subpoenas. However, when the impeachment court convenes, and the house elects it panel of prosecutors, and the senate sits as an impeachment court judges, then, through a motion, can the prosecutor, move for subpoena for the production of evidence.

Before this, any new matter to be fished through subpoenas, with the purpose of adding to the previously filed verified complaint is an exercise of power that is not found in the constitution. Further, this new fished information is NOT PART of the original verified complaint, hence, the same is a "new" allegation, that, under the Constitution, must be filed through another verified impeachment complaint.

Under Article XI of the Constitution, an impeachment proceeding is initiated through the "Filing of a Verified Complaint" and it is doubtful that an article of impeachment can pass constitutionality if the allegations therein is not one of those substantially and completely described in the original verified complaint.

A Dose of Jurisprudence | CAN THE GOVERNMENT TEMPORARILY TAKE OVER OPERATIONS OF THE OIL INDUSTRY?In the case of ES Mend...
04/04/2026

A Dose of Jurisprudence | CAN THE GOVERNMENT TEMPORARILY TAKE OVER OPERATIONS OF THE OIL INDUSTRY?

In the case of ES Mendoza v. Shell, sometime in 2009, after the onslaught of Ondoy and Pepeng, then President Arroyo, after declaring a state of emergency, issued EO No. 839 directing oil industry players to maintain the oil prices of their petroleum products during the emergency. This EO found basis in Section 14(e) of Republic Act No. 8479 which provides: “In times of national emergency, when the public interest so requires, the DOE may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any person or entity engaged in the Industry.”

Shell assailed the validity of the law claiming that the same is unreasonable and oppressive. However, in the end, the Supreme Court held that the law, specifically Section 14(e), is constitutional.

Further, this law finds support in Article XII, Section 17 of the Constitution, which provides: "In times of national emergency, when the public interest so requires, the State may during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately owned public utility or business affected with public interest."

So yes, government has the apparent authority to do so, but the question: “Can the government temporarily take over operations of the oil industry?” is not the right question.

The proper question should be: “is this administration competent to temporarily take over operations of the oil industry?”

The answer, with its recent flip flop from “no crisis announcement” to forming a “crisis committee” is somewhere between “we don’t know” and “no”.

It's not looking good but let's hope and pray that this administration rise to the occasion and succeed in mitigating this crisis. I may be a critic but I leave room to hope that this government can be successful because if it is then it is the Filipino people who will ultimately win.

A Dose of Jurisprudence | CAN YOU BE ARRESTED WITHOUT KNOWING THAT A CRIMINAL CASE WAS PREVIOUSLY FILED AGAINST YOU?For ...
02/04/2026

A Dose of Jurisprudence | CAN YOU BE ARRESTED WITHOUT KNOWING THAT A CRIMINAL CASE WAS PREVIOUSLY FILED AGAINST YOU?

For purposes of illustration let us say that you cut-off the powerlines of a beer house because they played “my way” non-stop. The owner, feeling irritated, caused the filing of a complaint-affidavit for unjust vexation against you. After a few months, while at home unsuspectingly relaxing, and at the exact moment your eyes shut for a quick nap you suddenly hear a bang at your door, and before you know it a warrant of arrest was presented to you and you got to spend the night in jail pending the perfection of your petition for bail. Is this allowed under the law?

Yes. Under DOJ Department Circular No. 28 s. 2024, for crimes where the penalty prescribed is one (1) day to six (6) years, the Department of Justice, through the prosecutors, can resolve immediately a complaint-affidavit without the issuance of a subpoena against the respondent, if he determines that the affidavit is sufficient in form and complete in evidence.

Once the prosecution finds cause, the case will be elevated by filing an information with the courts; the court then, after sufficient determination for the issuance of a warrant of arrest will issue the same against you.

Once the warrant of arrest is out, “the end is near”; however, this arrest is not yet your sentence, this is just a process for the court to acquire jurisdiction over you, and once this phase is completed you can always post bail for your provisional liberty while you “face the final curtain.”

01/04/2026

Get the edge with "Labor Relations: The Labor Code of the Philippines Volume II" (2025 Edition) by Jose Maria D. Rosales II! This improved reviewer covers Strikes, Termination, and more, with annotations, legal insights, and even Bar exam Q&As!

✅ Master Labor Code Books V, VI & VII.
✅ Understand concepts through various legal lenses.
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Your guide to understanding social justice in labor law! Perfect for law students, bar examinees, labor law practitioners, and HR professionals.

Grab your copy now!
FREE Delivery 🛒 https://tinyurl.com/LABORRE25C
or inquire at your nearest CentralBooks bookstore. (see comments)

A Dose of Jurisprudence | WHAT ARE THE RIGHTS OF THE ACCUSED DURING CUSTODIAL INVESTIGATIONS?Jurisprudence defines custo...
01/04/2026

A Dose of Jurisprudence | WHAT ARE THE RIGHTS OF THE ACCUSED DURING CUSTODIAL INVESTIGATIONS?

Jurisprudence defines custodial investigation as an investigation which involves any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. It is only after the investigation ceases to be a general inquiry into an unsolved crime and begins to focus on a particular suspect, the suspect is taken into custody, and the police carries out a process of interrogations that lends itself to eliciting incriminating statements that the rule begins to operate.

Hence, if you have become the focus of an investigation, and have been “invited” to answer some question, and your liberty to move have been impeded, then you are now the subject of a custodial investigation.

Under Republic Act No. 7438, during custodial investigations, the following are your rights:

1) Right to have counsel at all times;
2) Right to remain silent;
3) Right against torture and/or coercion
4) Visitorial rights
5) Right to be informed of the above rights

Further, if you intend to executed an extrajudicial confession, the confession must be made in writing and signed by you in the presence of your lawyer. If the law enforcement authorities fails to satisfy the above requirement, the extrajudicial confession may not admissible as evidence against you.

Your rights during custodial investigations is not only statutory but constitutional. These rights are safeguards against the government whose power, in the hands of the uncivil, can become life altering and permanent. Thus, the importance of knowing what your rights are during investigations cannot be overstressed.

A Dose of Jurisprudence | CAN THE FATHER SUE THE MOTHER UNDER THE VAWC LAW?Yes. Recent jurisprudence dictates that the h...
22/03/2026

A Dose of Jurisprudence | CAN THE FATHER SUE THE MOTHER UNDER THE VAWC LAW?

Yes. Recent jurisprudence dictates that the husband, on behalf of the abused child, can file for protection order against the abusive mother under the VAWC law.

In the case of Knutson v. Knutson, Randy Michael Knutson (Randy) met and married Rosalina Sibal Knutson (Rosalina). This union was blessed with a daughter named Rhuby Sibal Knutson (Rhuby). Randy and Rosalina became estranged after he discovered her extra-marital affairs. Randy supported Rosalina and Rhuby. Sometime during the marriage, Rosalina got hooked in casinos. Randy learned that Rosalina spent weeks in gambling dens and left Rhuby under the care of strangers. Worse, Rosalina incurred large debts from casino financiers prompting her to sell the house and lot, condominium unit, and vehicles that Randy provided for the family. Rosalina then rented an apartment and got herself a boyfriend. Randy advised Rosalina to be discreet in her illicit affairs because it is not good for Rhuby to see her mother with another man. Later, Randy discovered that Rosalina maltreated her own mother in Rhuby's presence. Rosalina also hurt Rhuby by pulling her hair, slapping her face and knocking her head. One time, Rosalina pointed a knife at Rhuby and threatened to kill her. Rosalina even texted Randy about her plan to kill their daughter and commit su***de.

On December 7, 2017, the father, on behalf of minor daughter, filed against the mother a petition under RA No. 9262 (VAWC Law) for the issuance of Temporary and Permanent Protection Orders before the Regional Trial Court of Taguig City. The father averred that the mother placed their daughter in a harmful environment deleterious to her physical, emotional, moral, and psychological development.

The RTC dismissed the petition explaining that protection and custody orders in RA No. 9262 cannot be issued against a mother who allegedly abused her own child.

The Supreme Court in case held that RA No. 9262 allows the father of the offended party to apply for protection and custody orders. The father, as the court noted, was not asking for a protection order in his favor. As intimated in the instant case, he filed the petition on behalf of their minor daughter. The petition is principally and directly for the protection of the minor child and not the father.

Further, the court emphasized that RA No. 9262 covers a situation where the mother committed violent and abusive acts against her own child. It held that a mother who maltreated her child resulting in physical, sexual, or psychological violence defined and penalized under RA No. 9262 is not absolved from criminal liability notwithstanding that the measure is intended to protect both women and their children.

Thus, with this clear ruling, the court has laid to rest the question of whether a father can invoke VAWC against an abusive mother. It held in unequivocal terms that an abusive mother can be sued by the father, in behalf of their abused child, under the RA No. 9262.

A DOSE OF JURISPRUDENCE | Can a person be made liable under RA 9262 (VAWC) for incessantly texting a past lover in a der...
21/03/2026

A DOSE OF JURISPRUDENCE | Can a person be made liable under RA 9262 (VAWC) for incessantly texting a past lover in a derogative manner?

Yes. Texting a past lover incessantly in a derogative manner may constitute harassment under Republic Act No. 9262 (VAWC).

In the case of Sedenio v. People, sometime in August 2009, after a struct of love, a man entered into a relationship with a woman. However, after almost two years, this relationship went sour and both of them started seeing somebody else. After initially showing that he had moved on, the man started to become jealous upon seeing the woman with her new lover. This is the time when the man started to incessantly text the woman derogatively. In one text message he would say, “If you ignore me, just wait for what I will do!” In another text, he uttered, “look how dumb you are.”

Due to these text messages, the woman experienced mental anguish, sleepless nights, and a besmirched reputation. The woman claimed that she could no longer look at her neighbors fearing that they would laugh at her. This led the woman to file a case against the man for harassment under Section 5 (h)(5) of Republic Act No. 9262

The Supreme Court held that the text messages of the man were sufficient to constitute harassment which has resulted in emotional violence against the woman; thus, he was found guilty of harassment under Section 5 (h)(5) of Republic Act No. 9262 and sentenced to a maximum prison term of 8 years.

Bosco Talks at DBTI Victorias City
17/03/2026

Bosco Talks at DBTI Victorias City

At Don Bosco Technical Institute Victorias with Victorias City SK members for a political conversation on subjects rangi...
17/03/2026

At Don Bosco Technical Institute Victorias with Victorias City SK members for a political conversation on subjects ranging from justice and equity to political dynasty.

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SIRB Law, The Row, Lacson St., BCD, NIR, PH
Bacolod CIty
6100

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