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Dear clientsโ€ฆ
22/07/2026

Dear clientsโ€ฆ

SC suspended a lawyer for notarizing the "KASUNDUAN NG PAGHIHIWALAY"

"[A] lawyer shall not engage in unlawful..conduct."

Supreme Court, Second Division
Carpio, J
October 12, 2011

Read the full text in the comments section.

06/07/2026

The (SC) has ruled that a husband and wifeโ€™s mutual desire to end their marriage, by itself, is not enough to prove collusion in a petition for declaration of nullity of marriage. A lack of objection is not the same as collusion.

In a Decision written by Associate Justice Maria Filomena D. Singh, the SCโ€™s Third Division ruled that there was no collusion between the spouses in a petition to declare their marriage void. โ€œCollusionโ€ means that the spouses secretly agreed to fake or misrepresent facts in order to nullify their marriage.

The SC voided the marriage due to the husbandโ€™s psychological incapacity.

The wife filed the petition before the Regional Trial Court (RTC) alleging that her husband was unable to fulfill his marital duties because of continued physical, psychological, and economic abuse, which she said began even before their marriage.

When the husband did not file his answer to the petition, the RTC directed the Provincial Prosecutor to investigate possible collusion between the spouses. The Associate Provincial Prosecutor reported that there was no collusion.

During trial, the wife presented several witnesses while the husband presented none. He also did not oppose the petition.

Despite this, the RTC dismissed the case, ruling that the evidence did not sufficiently prove psychological incapacity.

The RTC pointed out that the husbandโ€™s father admitted discussing his testimony with his son, and that the husband was willing to have the marriage dissolved.

Explaining that collusion is a secret agreement to defraud or obtain something illegal, the SC noted that although the RTC observed suspicious circumstances, these did not clearly prove that the spouses conspired to fake grounds to nullify their marriage.

The SC emphasized that a mutual desire to end the marriage does not automatically mean collusion. A spouseโ€™s agreement or lack of objection is not the same as a secret scheme to mislead the court.

Without proof that the spouses faked evidence or suppressed valid defenses, collusion cannot be established.

It added that the husbandโ€™s failure to file an answer or present evidence does not, by itself, prove collusion.

Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=168319.

Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=165664.

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

23/06/2026
18/06/2026

๐‹๐„๐“ ๐”๐’ ๐’๐“๐€๐๐ƒ ๐“๐Ž๐†๐„๐“๐‡๐„๐‘. ๐‹๐„๐“ ๐”๐’ ๐‡๐„๐‹๐.

The Integrated Bar of the Philippines calls on its members, Chapters, and partners to extend assistance to our fellow Filipinos affected by the 08 June 2026 Mw 7.8 Offshore Sarangani Earthquake, which has significantly impacted communities in General Santos City, Sarangani, South Cotabato, Davao Occidental, and nearby areas.

Donations in kind may include rice, canned goods, ready-to-eat food, bottled water, medicines, hygiene kits, clothing, blankets, temporary shelter materials, flashlights, power banks, and other essential relief items.

For proper coordination and to avoid duplication of efforts, donors and assisting Chapters may coordinate with the following:

๐ˆ๐๐ ๐’๐จ๐ฎ๐ญ๐ก ๐‚๐จ๐ญ๐š๐›๐š๐ญ๐จโ€“๐†๐ž๐ง๐ž๐ซ๐š๐ฅ ๐’๐š๐ง๐ญ๐จ๐ฌ ๐‚๐ข๐ญ๐ฒ / ๐’๐Ž๐‚๐†๐„๐
Tel. No.: (083) 301-9350
CP Nos.: 0993-948-9651 / 0946-582-6201

Bank Account for Cash Donations:
Account Name: IBP South Cotabato Chapter
Bank: RCBC
Account Number: 7589691622

๐ˆ๐๐ ๐’๐š๐ซ๐š๐ง๐ ๐š๐ง๐ข
Tel. No.: (083) 508-2258
CP No.: 0935-379-7078

Bank Account for Cash Donations:
Account Name: INTEGRATED BAR OF THE PHILIPPINES
Bank: LANDBANK
Account Number: 2071-0530-60

Cash assistance, if any, must be coursed only through duly authorized and properly receipted IBP or official relief channels.

Every donation matters. Every act of kindness helps restore hope.

In times of disaster, the legal profession stands with compassion, discipline, and unity beside communities in distress.

๐ˆ๐๐ ๐‚๐š๐ซ๐ž๐ฌ. ๐ˆ๐๐ ๐’๐ž๐ซ๐ฏ๐ž๐ฌ.

21/04/2026

The (SC) has affirmed its previous ruling that cyber libel prescribes one year from the time it is discovered, holding that โ€œcyber libelโ€ is not a new crime but a form of โ€œlibelโ€ under Art. 355 of the ๐˜™๐˜ฆ๐˜ท๐˜ช๐˜ด๐˜ฆ๐˜ฅ ๐˜—๐˜ฆ๐˜ฏ๐˜ข๐˜ญ ๐˜Š๐˜ฐ๐˜ฅ๐˜ฆ that is committed through a computer system or other similar means.

In a Resolution written by Associate Justice Henri Jean Paul B. Inting, the SC ๐˜Œ๐˜ฏ ๐˜‰๐˜ข๐˜ฏ๐˜ค denied the separate motions for reconsideration filed by Berteni Cataluรฑa Causing and the Office of the Solicitor General (OSG).

In December 2020, Cotabato Second District Representative Ferdinand L. Hernandez filed a cyber libel complaint with the prosecutor against Causing related to Facebook posts accusing Hernandez of pocketing over PHP 200 million in relief goods for Marawi victims. Hernandez stated he discovered the posts on February 4 and April 29, 2019.

Informations were filed before the Regional Trial Court (RTC) against Causing in May 2021. He filed a motion to quash the Informations, arguing that they were already time-barred under the RPC because more than one year had passed since the posts were uploaded.

The RTC denied the motion, ruling that cyber libel prescribes in 12 years under ๐˜™๐˜ฆ๐˜ฑ๐˜ถ๐˜ฃ๐˜ญ๐˜ช๐˜ค ๐˜ˆ๐˜ค๐˜ต ๐˜•๐˜ฐ. (๐˜™๐˜ˆ) 10175 or the ๐˜Š๐˜บ๐˜ฃ๐˜ฆ๐˜ณ๐˜ค๐˜ณ๐˜ช๐˜ฎ๐˜ฆ ๐˜—๐˜ณ๐˜ฆ๐˜ท๐˜ฆ๐˜ฏ๐˜ต๐˜ช๐˜ฐ๐˜ฏ ๐˜ˆ๐˜ค๐˜ต.

Causing appealed to the SC, which clarified that the prescriptive period for cyber libel is one year from the date of discovery, consistent with traditional libel under the RPC. The Court rejected Causingโ€™s motion to quash the Informations due to insufficient proof that the offense had already prescribed, highlighting that he can present evidence during the trial at the RTC.

Both the OSG and Causing filed separate partial motions for reconsideration.

The OSG argued that the one-year prescriptive period for traditional libel under the RPC should not apply to cyber libel. Instead, it should be 15 years under the Cybercrime Prevention Act, as previously decided by the Supreme Court through an unsigned resolution in Tolentino v. People.

Causing, on the other hand, argued that the prescription for cyber libel should start from the publication date rather than from discovery. He contended that online posts are more widespread than traditional forms of publication. If the discovery rule is applied, cyber libel charges could be filed several years after the post was made, as long as the offended party discovered it later.

The SC rejected both arguments.

Under the RPC, written libel prescribes in one year. There is no law that excludes cyber libel from this one-year period, and Congress has consistently treated libel as having a shorter prescriptive period than other crimes, even when penalties are increased.

The SC reiterated that cyber libel is not a separate crime, but rather libel committed through a computer system. The fact that the Cybercrime Prevention Act imposes a higher penalty for cyber libel does not imply that its prescriptive period should be extended beyond that of traditional libel.

The SC added that when laws on the prescription of crimes are unclear, they must be interpreted in favor of the accused. Since the RPC sets a one-year prescriptive period for cyber libel, it prevails over the 15-year period set in the case of Tolentino v. People, which is an unsigned resolution.

The SC also affirmed that prescription begins upon discovery of the offense, not upon publication. The law clearly states that prescription runs from the time the crime is discovered by the offended party or the authorities.

Seven other Justices joined Justice Inting in the majority. They are:
โ€ข Chief Justice Alexander G. Gesmundo
โ€ข Senior Associate Justice Marvic M.V.F. Leonen
โ€ข Associate Justice Alfredo Benjamin S. Caguioa
โ€ข Associate Justice Rodil V. Zalameda
โ€ข Associate Justice Samuel H. Gaerlan
โ€ข Associate Justice Jose Midas P. Marquez
โ€ข Associate Justice Maria Filomena D. Singh

In his Concurring Opinion, Senior Associate Justice Marvic M.V.F. Leonen argued that the one-year prescription period should apply only to libel cases against private individuals. He added that libel against public figures should be decriminalized, as punishing comments and criticisms directed at public officials discourages free and uninhibited discussion about how those in public office conduct themselves.

In his Concurring Opinion, Associate Justice Alfredo Benjamin S. Caguioa stressed that the prescriptive period for libel has always been fixed at one or two years, never at 10 or more years.

Meanwhile, six other Justices joined Associate Justice Antonio T. Kho, Jr. in his dissent:
โ€ข Associate Justice Ramon Paul L. Hernando
โ€ข Associate Justice Amy C. Lazaro-Javier
โ€ข Associate Justice Ricardo R. Rosario
โ€ข Associate Justice Jhosep Y. Lopez
โ€ข Associate Justice Japar B. Dimaampao
โ€ข Associate Justice Raul B. Villanueva

In his Concurring and Dissenting opinion, Justice Kho, Jr. agreed with the majority that unsigned resolutions do not lay down doctrines of law but disagreed on the prescriptive period for cyber libel. Since cyber libel is committed through computer systems and is punishable under the Cybercrime Prevention Act, it is a separate crime from libel and the one-year prescriptive period for libel does not apply.

Read the full text of the press release at https://sc.judiciary.gov.ph/?p=163671

Read the full text of the Resolution at https://sc.judiciary.gov.ph/?p=163636

Read the Concurring Opinion of Senior Associate Justice Marvic M.V.F. Leonen at https://sc.judiciary.gov.ph/?p=163642

Read the Concurring Opinion of Associate Justice Alfredo Benjamin S. Caguioa at https://sc.judiciary.gov.ph/wp-admin/post.php?p=163650

Read the Concurring and Dissenting OpinionOpinion of Associate Justice Antonio T. Kho, Jr. at https://sc.judiciary.gov.ph/?p=163661

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

12/04/2026

PRESS RELEASE | NBI DISMANTLES ILLEGAL ONLINE C**K FIGHTING (E-SABONG) HUB IN AGUSAN DEL NORTE

Pasay City, Philippines โ€“ On April 6, 2026, the NBI-CARAGA Regional Office (NBI-CARAGA) agents arrested 22 individuals in Tubay, Agusan del Norte, for violation of Section 5(d) in relation to Section 8 of Presidential Decree No. 449 (Cockfighting Law of 1974) in relation to R.A. No. 10175 (Cybercrime Prevention Act of 2012).

The operation was initiated after the NBI-CARAGA received information about an alleged illegal online โ€œE-sabongโ€ operation scheduled on various dates in April at a specific cockpit arena in Tubay, Agusan del Norte. In response, the NBI-CARAGA immediately conducted surveillance and verification operations, which confirmed the information's accuracy. The agents found that the cockpit arena regularly hosts cockfights every Monday and Tuesday. Additionally, online surveillance of the venue's social media account validated the claims.

Subsequently, joint operatives from the NBI-CARAGA and PNP-RID 13 conducted an entrapment operation at the target cockpit arena. This operation led to the dismantling of an illegal E-sabong hub and the arrest of 22 individuals. Among those arrested were the cockpit operator, supervisor, system provider manager, game master, announcer, sweeper, gaffer, kristo, largador, handler, several bet takers, and two bettors. The arrested individuals were caught in the act of violating the law. Additionally, the operation resulted in the seizure of various gambling paraphernalia and betting money, which will be used as evidence for filing charges against those arrested.

The arrested subjects were brought before the Provincial Prosecutors' Office of Agusan del Norte for inquest proceedings. In a resolution dated April 7, 2026, the Inquest Prosecutor modified and upheld the recommendation made by the NBI-CARAGA. As a result, an Information was filed against the subjects in the Municipal Trial Court of Tubay, Agusan del Norte.

NBI Director Atty. Melvin A. Matibag commended the dedicated agents of the NBI-CARAGA for their exemplary work and determination in executing a recent anti-illegal gambling operation. He expressed his heartfelt gratitude for the invaluable support provided by the Philippine National Police (PNP), which played a crucial role in the success of this operation. Director Matibag emphasized the National Bureau of Investigation's unwavering commitment to reinforcing the government's ongoing campaign against illegal gambling activities.

11/04/2026

A 31-year-old Filipina was denied boarding on a Philippine Airlines flight bound for Hong Kong on March 30, 2026, at Ninoy Aquino International Airport. She claimed she was traveling as a returning overseas Filipino worker (OFW) and would be employed as a domestic helper in Hong Kong.

Immigration officers from the Immigration Protection and Border Enforcement Section (I-PROBES), however, found that after her transit in Hong Kong, the victim was scheduled to travel onward to Beijing, China, and subsequently to Tbilisi, Georgia, where she was to be engaged as a gestational surrogate mother.

The Filipina later admitted that a female recruiter contacted her via Facebook Messenger and offered a final payment of Php 490,000 after childbirth.

Consistent with existing anti-trafficking measures, the BI referred the victim to IACAT for appropriate intervention and case development.

BI also noted that among the travel documents submitted by the victim was a letter from a Georgian-German surrogacy facility, where she was scheduled to undergo advanced use of in vitro fertilization (IVF).

BI Commissioner Joel Anthony Viado stated that traffickers are again resorting to illegal surrogacy schemes to lure and exploit victims.

"Our officers manning the counters are strongly committed to intercepting suspicious departures linked to trafficking schemes," said Viado. โ€œWe remain in close coordination with IACAT and other partner agencies to protect Filipinos and ensure that traffickers are held accountable,โ€ he added. | via Rodolfo Santos/Philippine Star

07/04/2026

The (SC) clarified the application of lascivious conduct under ๐˜™๐˜ฆ๐˜ฑ๐˜ถ๐˜ฃ๐˜ญ๐˜ช๐˜ค ๐˜ˆ๐˜ค๐˜ต (๐˜™๐˜ˆ) ๐˜•๐˜ฐ. 7610, or ๐˜ต๐˜ฉ๐˜ฆ ๐˜š๐˜ฑ๐˜ฆ๐˜ค๐˜ช๐˜ข๐˜ญ ๐˜—๐˜ณ๐˜ฐ๐˜ต๐˜ฆ๐˜ค๐˜ต๐˜ช๐˜ฐ๐˜ฏ ๐˜ฐ๐˜ง ๐˜Š๐˜ฉ๐˜ช๐˜ญ๐˜ฅ๐˜ณ๐˜ฆ๐˜ฏ ๐˜ˆ๐˜จ๐˜ข๐˜ช๐˜ฏ๐˜ด๐˜ต ๐˜ˆ๐˜ฃ๐˜ถ๐˜ด๐˜ฆ, ๐˜Œ๐˜น๐˜ฑ๐˜ญ๐˜ฐ๐˜ช๐˜ต๐˜ข๐˜ต๐˜ช๐˜ฐ๐˜ฏ ๐˜ข๐˜ฏ๐˜ฅ ๐˜‹๐˜ช๐˜ด๐˜ค๐˜ณ๐˜ช๐˜ฎ๐˜ช๐˜ฏ๐˜ข๐˜ต๐˜ช๐˜ฐ๐˜ฏ ๐˜ˆ๐˜ค๐˜ต, in relation to acts of lasciviousness under the ๐˜™๐˜ฆ๐˜ท๐˜ช๐˜ด๐˜ฆ๐˜ฅ ๐˜—๐˜ฆ๐˜ฏ๐˜ข๐˜ญ ๐˜Š๐˜ฐ๐˜ฅ๐˜ฆ (๐˜™๐˜—๐˜Š).

In a Decision written by Associate Justice Henri Jean Paul B. Inting, the SC ๐˜Œ๐˜ฏ ๐˜‰๐˜ข๐˜ฏ๐˜ค upheld Jeffrey L. Gramaticaโ€™s conviction for lascivious conduct under ๐˜š๐˜ฆ๐˜ค๐˜ต๐˜ช๐˜ฐ๐˜ฏ 5(๐˜ฃ) ๐˜ฐ๐˜ง ๐˜™๐˜ˆ 7610, but modified another accusedโ€™s (###2660399) conviction for acts of lasciviousness under ๐˜ˆ๐˜ณ๐˜ต๐˜ช๐˜ค๐˜ญ๐˜ฆ 366 ๐˜ฐ๐˜ง ๐˜ต๐˜ฉ๐˜ฆ ๐˜™๐˜—๐˜Š.

In these consolidated cases involving minors, AAA, BBB, and CCC, the Supreme Court laid down guidelines to ensure the proper prosecution of cases under these two distinct laws.

AAA and BBB, both addicted to shabu, engaged in sexual acts with Gramatica and another man in exchange for the drug. Gramatica was later arrested and prosecuted for violation of ๐˜š๐˜ฆ๐˜ค๐˜ต๐˜ช๐˜ฐ๐˜ฏ 5(๐˜ฃ) ๐˜ฐ๐˜ง ๐˜™๐˜ˆ 7610, which penalizes lascivious conduct committed against a child exploited in prostitution or other sexual abuse.

In the other case, CCC was victimized by her grandfather, ###266039, who touched her private parts while she was sleeping. ###266039 was also charged under ๐˜š๐˜ฆ๐˜ค๐˜ต๐˜ช๐˜ฐ๐˜ฏ 5(๐˜ฃ) ๐˜ฐ๐˜ง ๐˜™๐˜ˆ 7610.

In his defense, Gramatica claimed that he courted BBB and had a sexual relationship with her but did not know she was a minor because she looked mature. For his part, ###266039 denied the charges and claimed he merely woke CCC up to ask her for help applying his eye medicine.

The Regional Trial Court found both Gramatica and ###266039 guilty of lascivious conduct under ๐˜š๐˜ฆ๐˜ค๐˜ต๐˜ช๐˜ฐ๐˜ฏ 5(๐˜ฃ) ๐˜ฐ๐˜ง ๐˜™๐˜ˆ 7610 towards BBB and CCC, respectively. The Court of Appeals affirmed their convictions.

A minor is considered to have been subjected to other sexual abuse when they are a victim of lascivious conduct under the coercion or influence of an adult. In this case, BBB was 14 and CCC was 17 at the time of the incident. Gramatica was 23, and ###266039 was 62.

Both courts found that Gramatica took advantage of BBBโ€™s youth and vulnerable situation, using his influence over her to make her submit to his sexual demands. Meanwhile, ###266039, due to his age and relationship as CCCโ€™s grandfather, was able to exert control over her and exploit her trust.

The SC affirmed Gramaticaโ€™s conviction under RA 7610, but modified ###266039โ€™s conviction from acts of lasciviousness under ๐˜š๐˜ฆ๐˜ค๐˜ต๐˜ช๐˜ฐ๐˜ฏ 5(๐˜ฃ) ๐˜ฐ๐˜ง ๐˜™๐˜ˆ 7610 to acts of lasciviousness under the RPC explaining that RA 7610 does not apply where the minor is entirely unaware, coerced or unconscious as the victim in that instance is not considered to have โ€œindulgedโ€ in the sexual in*******se.

A plain and straightforward interpretation of ๐˜š๐˜ฆ๐˜ค๐˜ต๐˜ช๐˜ฐ๐˜ฏ 5(๐˜ฃ) ๐˜ฐ๐˜ง ๐˜™๐˜ˆ 7610 provides a clear definition of children subjected to other sexual abuse as those who indulge in sexual in*******se or lascivious conduct due to the coercion or influence of an adult.

The SC clarified the scope of lascivious conduct under ๐˜š๐˜ฆ๐˜ค๐˜ต๐˜ช๐˜ฐ๐˜ฏ 5(๐˜ฃ) ๐˜ฐ๐˜ง ๐˜™๐˜ˆ 7610 and distinguished it from related crimes under the RPC. To ensure uniform and consistent prosecution of cases, the Supreme Court laid down guidelines, considering also RA 11648, which raised the age of sexual consent to 16 years old.

๐™๐™ž๐™ง๐™จ๐™ฉ, ๐˜š๐˜ฆ๐˜ค๐˜ต๐˜ช๐˜ฐ๐˜ฏ 5(๐˜ฃ) ๐˜ฐ๐˜ง ๐˜™๐˜ˆ 7610 applies to children who are 12 years of age (now 16 years old following the amendment under RA 11648) to below 18 who are subjected to sexual abuse.

๐™Ž๐™š๐™˜๐™ค๐™ฃ๐™™, it covers situations where consent is present but defective. The minor may seem to โ€œindulgeโ€ or agree, but does so not out of free will, but because of coercion or influence by an adult. Thus, engaging in sexual acts with a child exploited in prostitution or subjected to sexual abuse is a criminal act, regardless of apparent consent.

๐™๐™๐™ž๐™ง๐™™, it does not apply when the act involves force, intimidation, fraud, deprivation of reason, unconsciousness, or grave abuse of authority. In such cases, the crime falls under acts of lasciviousness under the RPC.

๐™๐™ค๐™ช๐™ง๐™ฉ๐™, if the victim is under 12 or under 16, and the case does not fit Section 5(b), the crime is r**e or acts of lasciviousness under the RPC.

These principles, which distinguish force and intimidation on one hand, and coercion and influence on the other, and limit RA 7610 to minors who are exploited in prostitution or sexual abuse, also apply to other sexual crimes, including r**e.

In this case, BBB was a child exploited in prostitution or other sexual abuse because she had sexual in*******se with Gramatica in exchange for some consideration, namely shabu, which makes him criminally liable under Section 5(b).

Meanwhile, ๐˜š๐˜ฆ๐˜ค๐˜ต๐˜ช๐˜ฐ๐˜ฏ 5(๐˜ฃ) ๐˜ฐ๐˜ง ๐˜™๐˜ˆ 7610 does not apply to ###266039.

The Supreme Court clarified that not all acts of lasciviousness against minors aged 12 to under 18 are covered by RA 7610. The law applies only when minors are subjected to sexual abuse, such as when they โ€œindulgeโ€ or give defective consent to the conduct.

Here, CCC did not indulge in lascivious conduct, as she was asleep and unconscious during the incident. ###266039 did not use coercion or influence, but relied on his moral ascendancy as her grandfather, which counts as intimidation. These circumstances make ###266039 liable for acts of lasciviousness under ๐˜ˆ๐˜ณ๐˜ต๐˜ช๐˜ค๐˜ญ๐˜ฆ 336 ๐˜ฐ๐˜ง ๐˜ต๐˜ฉ๐˜ฆ ๐˜™๐˜—๐˜Š, rather than RA 7610.

For lascivious conduct under Section 5(b) involving BBB, Gramatica was sentenced to a maximum of 17 years, four months, and one day in prison and ordered to pay BBB PHP 150,000 in civil indemnity and damages, as well as a PHP 15,000 fine.

For acts of lasciviousness under ๐˜ˆ๐˜ณ๐˜ต๐˜ช๐˜ค๐˜ญ๐˜ฆ 336 ๐˜ฐ๐˜ง ๐˜ต๐˜ฉ๐˜ฆ ๐˜™๐˜—๐˜Š, ###266039 was sentenced to a maximum of six years in prison and ordered to pay CCC PHP450,000 in civil indemnity and damages with interest.

The SC acknowledged that under current laws, ###266039, โ€œwho committed abhorrent and be***al acts against his minor granddaughter,โ€ faces a penalty lower than that under RA 7610, and called on the legislature to amend existing laws to better protect children.

The SC calls the legislature to review and amend current laws protecting children, thus:

โ€œ๐˜๐˜ฏ ๐˜ญ๐˜ช๐˜ฏ๐˜ฆ ๐˜ธ๐˜ช๐˜ต๐˜ฉ ๐˜ต๐˜ฉ๐˜ฆ ๐˜ข๐˜ฃ๐˜ฐ๐˜ท๐˜ฆ, ๐˜ข๐˜ฏ๐˜ฅ ๐˜ช๐˜ฏ ๐˜ง๐˜ถ๐˜ญ๐˜ง๐˜ช๐˜ญ๐˜ญ๐˜ฎ๐˜ฆ๐˜ฏ๐˜ต ๐˜ฐ๐˜ง ๐˜ต๐˜ฉ๐˜ฆ ๐˜Š๐˜ฐ๐˜ถ๐˜ณ๐˜ตโ€™๐˜ด ๐˜ฅ๐˜ถ๐˜ต๐˜บ ๐˜ต๐˜ฐ ๐˜ถ๐˜ฑ๐˜ฉ๐˜ฐ๐˜ญ๐˜ฅ ๐˜ต๐˜ฉ๐˜ฆ ๐˜Š๐˜ฐ๐˜ฏ๐˜ด๐˜ต๐˜ช๐˜ต๐˜ถ๐˜ต๐˜ช๐˜ฐ๐˜ฏ, ๐˜ธ๐˜ฉ๐˜ช๐˜ค๐˜ฉ ๐˜ฎ๐˜ข๐˜ฏ๐˜ฅ๐˜ข๐˜ต๐˜ฆ๐˜ด ๐˜ต๐˜ฉ๐˜ฆ ๐˜ด๐˜ฑ๐˜ฆ๐˜ค๐˜ช๐˜ข๐˜ญ ๐˜ฑ๐˜ณ๐˜ฐ๐˜ต๐˜ฆ๐˜ค๐˜ต๐˜ช๐˜ฐ๐˜ฏ ๐˜ฐ๐˜ง ๐˜ค๐˜ฉ๐˜ช๐˜ญ๐˜ฅ๐˜ณ๐˜ฆ๐˜ฏ ๐˜ง๐˜ณ๐˜ฐ๐˜ฎ ๐˜ข๐˜ญ๐˜ญ ๐˜ง๐˜ฐ๐˜ณ๐˜ฎ๐˜ด ๐˜ฐ๐˜ง ๐˜ฏ๐˜ฆ๐˜จ๐˜ญ๐˜ฆ๐˜ค๐˜ต, ๐˜ข๐˜ฃ๐˜ถ๐˜ด๐˜ฆ, ๐˜ค๐˜ณ๐˜ถ๐˜ฆ๐˜ญ๐˜ต๐˜บ, ๐˜ฆ๐˜น๐˜ฑ๐˜ญ๐˜ฐ๐˜ช๐˜ต๐˜ข๐˜ต๐˜ช๐˜ฐ๐˜ฏ ๐˜ข๐˜ฏ๐˜ฅ ๐˜ฐ๐˜ต๐˜ฉ๐˜ฆ๐˜ณ ๐˜ค๐˜ฐ๐˜ฏ๐˜ฅ๐˜ช๐˜ต๐˜ช๐˜ฐ๐˜ฏ๐˜ด ๐˜ฑ๐˜ณ๐˜ฆ๐˜ซ๐˜ถ๐˜ฅ๐˜ช๐˜ค๐˜ช๐˜ข๐˜ญ ๐˜ต๐˜ฐ ๐˜ต๐˜ฉ๐˜ฆ๐˜ช๐˜ณ ๐˜ฅ๐˜ฆ๐˜ท๐˜ฆ๐˜ญ๐˜ฐ๐˜ฑ๐˜ฎ๐˜ฆ๐˜ฏ๐˜ต, ๐˜ญ๐˜ฆ๐˜ต ๐˜ต๐˜ฉ๐˜ช๐˜ด ๐˜ด๐˜ฆ๐˜ณ๐˜ท๐˜ฆ ๐˜ข๐˜ด ๐˜ข ๐˜ค๐˜ข๐˜ญ๐˜ญ ๐˜ต๐˜ฐ ๐˜ต๐˜ฉ๐˜ฆ ๐˜ญ๐˜ฆ๐˜จ๐˜ช๐˜ด๐˜ญ๐˜ข๐˜ต๐˜ถ๐˜ณ๐˜ฆ ๐˜ต๐˜ฐ ๐˜ง๐˜ถ๐˜ญ๐˜ง๐˜ช๐˜ญ๐˜ญ ๐˜ช๐˜ต๐˜ด ๐˜ฃ๐˜ฐ๐˜ถ๐˜ฏ๐˜ฅ๐˜ฆ๐˜ฏ ๐˜ฅ๐˜ถ๐˜ต๐˜บ ๐˜ฐ๐˜ง ๐˜ณ๐˜ฆ๐˜ท๐˜ช๐˜ฆ๐˜ธ๐˜ช๐˜ฏ๐˜จ ๐˜ข๐˜ฏ๐˜ฅ ๐˜ข๐˜ฎ๐˜ฆ๐˜ฏ๐˜ฅ๐˜ช๐˜ฏ๐˜จ ๐˜ฐ๐˜ถ๐˜ณ ๐˜ฑ๐˜ณ๐˜ฆ๐˜ด๐˜ฆ๐˜ฏ๐˜ต ๐˜ญ๐˜ข๐˜ธ๐˜ด ๐˜ข๐˜ฏ๐˜ฅ ๐˜ฆ๐˜ฏ๐˜ด๐˜ถ๐˜ณ๐˜ช๐˜ฏ๐˜จ ๐˜ต๐˜ฉ๐˜ฆ ๐˜ด๐˜ข๐˜ง๐˜ฆ๐˜ต๐˜บ, ๐˜ธ๐˜ฆ๐˜ญ๐˜ญ-๐˜ฃ๐˜ฆ๐˜ช๐˜ฏ๐˜จ, ๐˜ข๐˜ฏ๐˜ฅ ๐˜ฅ๐˜ช๐˜จ๐˜ฏ๐˜ช๐˜ต๐˜บ ๐˜ฐ๐˜ง ๐˜ฐ๐˜ถ๐˜ณ ๐˜๐˜ช๐˜ญ๐˜ช๐˜ฑ๐˜ช๐˜ฏ๐˜ฐ ๐˜ค๐˜ฉ๐˜ช๐˜ญ๐˜ฅ๐˜ณ๐˜ฆ๐˜ฏ.โ€

Read the full text of the press release at https://sc.judiciary.gov.ph/?p=162863

Read the full text of the Decision https://sc.judiciary.gov.ph/?p=162842

Read the Separate Concurring Opinion of Senior Associate Justice Marvic M.V.F. Leonen at https://sc.judiciary.gov.ph/260233-266039-separate-concurring-opinion-senior-associate-justice-marvic-m-v-f-leonen/

Read the Concurring Opinion of Associate Justice Alfredo Benjamin S. Caguioa at https://sc.judiciary.gov.ph/260233-266039-concurring-opinion-associate-justice-alfredo-benjamin-s-caguioa/

Read the Separate Concurring Opinion of Associate Justice Rodil V. Zalameda at https://sc.judiciary.gov.ph/260233-266039-separate-concurring-opinion-associate-justice-rodil-v-zalameda/

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

26/03/2026

The (SC) has upheld the conviction of Teresita J. Soliva, former Mayor of the Municipality of Remedios T. Romualdez, Agusan del Norte, for malversation due to her failure to liquidate cash advances from municipal development funds.

In a Decision written by Associate Justice Samuel H. Gaerlan, the SCโ€™s Third Division affirmed the Sandiganbayanโ€™s ruling finding her guilty of violating Articles 217 and 218 of the ๐˜™๐˜ฆ๐˜ท๐˜ช๐˜ด๐˜ฆ๐˜ฅ ๐˜—๐˜ฆ๐˜ฏ๐˜ข๐˜ญ ๐˜Š๐˜ฐ๐˜ฅ๐˜ฆ (RPC).

Soliva served as municipal mayor from 2001 to 2007. During her term, she received several cash advances for confidential and intelligence funds, travel, and peace and order expenses. The Municipal Accountant and the Commission on Audit sent her demand letters requiring her to liquidate or return cash advances amounting to over PHP 900,000. However, she failed to comply.

Although she made partial payments through payroll deductions, PHP 551,000 remained unliquidated.

Due to her continued failure to liquidate the amounts despite repeated demands, she was found guilty by the Sandiganbayan of malversation and failure to render accounts in violation of Articles 217 and 218 of the RPC.

The SC upheld Solivaโ€™s conviction, sentencing her to up to six years in prison, fined PHP 551,000, and perpetually barred from holding public office. For each of the 10 counts of failure to render accounts, she was sentenced to up to six months in prison and fined PHP 40,000.

The SC emphasized that malversation under Article 217 of the RPC is committed once an accountable officer entrusted with public funds misuses them and cannot satisfactorily explain why they are missing.

Even if there is no direct proof of misuse, it is enough to show there is a shortage in the accounts that the officer cannot explain. In such cases, the law presumes the funds were used for personal gain unless the officer can prove otherwise.

In this case, Soliva failed to overturn this presumption. She ignored repeated demands, gave no explanation for the missing funds, and admitted she presented no evidence in her defense.

The SC also clarified that partial repayment does not erase criminal liability for malversation.

The SC also affirmed her conviction for failure to render accounts under Article 218 of the RPC, explaining that the offense is committed once an accountable officer fails to submit the required accounting on time.

Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=162598.

Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=162579.

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

March 06, 2026ON DUTY | LAWYER OF THE DAY INITIATIVE (LODI)Free legal consultation ๐Ÿ’œIBP Agusan del Norte Chapter
07/03/2026

March 06, 2026

ON DUTY | LAWYER OF THE DAY INITIATIVE (LODI)
Free legal consultation ๐Ÿ’œ
IBP Agusan del Norte Chapter

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