Theo Legis

01/09/2026

The (SC) has ruled that an affidavit of desistance, or a sworn statement withdrawing a complaint, is considered “highly suspect” when made by a victim of exploitation and cannot be used as a basis to dismiss a trafficking case.

In a Decision written by Associate Justice Samuel H. Gaerlan, the SC’s Third Division affirmed the conviction of a woman for qualified trafficking in persons involving a minor. The SC sentenced her to life imprisonment, imposed a fine of PHP 2,000,000, and ordered her to pay PHP 600,000 in damages.

The woman, who was the minor’s neighbor, recruited the minor to provide sexual services to a man in exchange for money. The minor received PHP 15,000 from the man for the sexual act, but the woman later took the money. The woman also bought the minor a cellphone and gave her PHP 3,000.

The minor’s mother discovered the incident and filed a complaint against the woman. The minor testified in court but later signed an affidavit of desistance to withdraw the charges.

During cross-examination, the minor admitted that she accepted PHP 30,000 to sign the affidavit prepared by the woman’s counsel. When the trial court questioned her further, the minor maintained that her earlier testimony was true.

Sustaining the woman’s conviction of qualified trafficking in persons under Republic Act No. (RA) 9208, or the 𝗔𝗻𝘁𝗶-𝗧𝗿𝗮𝗳𝗳𝗶𝗰𝗸𝗶𝗻𝗴 𝗶𝗻 𝗣𝗲𝗿𝘀𝗼𝗻𝘀 𝗔𝗰𝘁 𝗼𝗳 𝟮𝟬𝟬𝟯, as amended, SC held that human trafficking cases should not be dismissed based on the affidavits of desistance executed by the victims or their parents or legal guardians.

The SC explained that affidavits of desistance by victims of exploitation should be treated with caution, as they may have been made under coercion, pressure, or undue influence. This is especially true when the victims are children, who may not fully understand the consequences of withdrawing their testimony.

The SC further stressed that once a criminal case has been filed in court, the complainant can no longer decide whether the case should proceed.

The State has an interest in prosecuting the crime and is the party affected by the dismissal of the criminal action. Thus, an affidavit of desistance, especially one executed while trial is ongoing, does not, by itself, justify dismissal of the case.

Read the full text of the press release at https://sc.judiciary.gov.ph/?p=172431

Read the full text of the Decision at
https://sc.judiciary.gov.ph/?p=167240

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

01/09/2026

CHECKLIST OF INFORMATION FOR
YOUR DIRECT or CROSS-EXAMINATION.
By Atty. Florante A. Zagada

When you direct-examine your own witness or cross-examine an adverse witness, what information you need to extract from the witness to support the theory of your case?

The following are the lists of information or items you need to cover during your direct or cross-examination, if possible, from the witnesses:

1. Name, age, address, exact spelling of name, and whether hehas ever been known by any other name.

2. General personal background and vital statistics, includingplace of birth, places where he has lived, names and addresses orlocation of relatives; that is, father, mother, brothers and sister.

3. Marital history—whether married or divorced; if divorced,how many times; number of children, location of spouse or spouses,and maiden name and present name, place of marriage and placeof divorce.

4. Description of what occurred at the alleged crime. Permit the witness to narrate his own account of what occurred, then soecifically ask him what he heard and saw so that you can pin him down to particulars. Be sure to ask him the names and addresses of all other persons who were present.

5. If the incident took place on a street, ask the witness to describe all he remembers about the street, what it looked like and what was going on.

6. Also ask him to describe the weather conditions, the conditions of lightor darkness, including the distance of the street lights and otherlights from the scene of the occurrence

5. Ask the witness to describe about what occured immediately after the allegeg crime.

6. Again, as in Item 4, let him first narrate his own account of what happened, and then pin him down to particulars.

7. Ask for Employment record. Ask the witness whether he is employed and obtain details on his employment record.

8. Conviction for a crime. Ask the witness whether he has ever been convicted of any crime and, if so, when and where.

8. As to Conversation and statements.
Ask the witness whether he had any conversations with the defendant or anyone else, concerningwhat he saw; names and addresses of persons he spoke withand what was said; the names of the detectives he spoke to; nameof the district attorney he spoke to; the names or identity of personsto whom he gave a description of what occurred; how manytimes he spoke to various persons; when and where these conversationstook place.

9. Ask him whether he signed any statement settingforth what occurred. In brief, pin him down as to everystatement he ever made, oral or written, to anyone, concerning thecrime.

9. Ask the witness whether he has told you everything that took place and everything that he heard and saw.

10. Finally, say to him, “Is there anything you wish to add?” In this way, you will have concluded pinning him down as to all matters concerning the crime and his testimony.

01/09/2026

The Philippine peso sank to a record low against the US dollar, making it Asia’s worst-performing currency over the past week as soaring energy import costs and widening trade deficit offset recent central bank rate hikes.

Link to the full article in the comments section below.

29/08/2026

29/08/2026

SUPREME COURT AFFIRMS RULING: NO ‘SECOND PLACER RULE' IN LOCAL ELECTIONS

The Supreme Court (SC) has abandoned the “second placer” rule in local elections, ruling that a candidate who received the second-highest number of votes has no right to assume an elective post after the leading candidate is disqualified.

In an En Banc session, the SC denied with finality the motion for reconsideration filed by Datu Pax Ali S. Mangudadatu in G.R. Nos. 260219 and 260231, affirming its ruling canceling his certificate of candidacy for governor of Sultan Kudarat.

The Court held that when an elected candidate is subsequently found ineligible to hold office, the resulting permanent vacancy must be filled under the succession provisions of the Local Government Code—not by proclaiming the second placer as the winner.

For local governorships, this means the vice governor succeeds to the position and serves the remainder of the term.

The ruling effectively rejects the practice known as the “second placer rule,” under which the candidate who finished second is declared the winner after the top vote-getter is disqualified.

29/08/2026

The 𝘌𝘯 𝘉𝘢𝘯𝘤, during its session on August 26, 2026, acted on G.R. No. E-07950 (𝘒𝘢𝘮𝘱𝘪𝘩𝘢𝘯 𝘯𝘨 𝘔𝘢𝘳𝘢𝘭𝘪𝘵𝘢 𝘢𝘵 𝘔𝘢𝘯𝘨𝘨𝘢𝘨𝘢𝘸𝘢 [𝘒𝘈𝘔𝘈𝘕𝘎𝘎𝘈𝘎𝘈𝘞𝘈] 𝘗𝘢𝘳𝘵𝘺-𝘭𝘪𝘴𝘵 𝘦𝘵 𝘢𝘭. 𝘷. 𝘙𝘦𝘨𝘪𝘰𝘯𝘢𝘭 𝘛𝘳𝘪𝘢𝘭 𝘊𝘰𝘶𝘳𝘵 𝘉𝘳𝘢𝘯𝘤𝘩 154 𝘰𝘧 𝘗𝘢𝘴𝘪𝘨 𝘊𝘪𝘵𝘺 𝘦𝘵 𝘢𝘭.) by directing respondents Readycon Trading and Construction Corporation, R-II Builders, Inc., and Alliance of Philippine Fishing Federations, Inc. to comment on the petition for 𝘤𝘦𝘳𝘵𝘪𝘰𝘳𝘢𝘳𝘪 and prohibition filed by KAMANGGAGAWA Party-list and others within 10 days from receipt of notice.

The petition asks the SC to set aside the orders issued by the Regional Trial Courts (RTCs) of Pasig City and Navotas City in pending cases filed by respondents challenging 𝘞𝘢𝘨𝘦 𝘖𝘳𝘥𝘦𝘳 𝘕𝘰. 𝘕𝘊𝘙-27, which raised the minimum wage in the National Capital Region by PHP 85.

The Pasig City RTC had granted Readycon Trading and R-II Builders’ request for a 𝘴𝘵𝘢𝘵𝘶𝘴 𝘲𝘶𝘰 𝘢𝘯𝘵𝘦 order (SQAO), a temporary restraining order, and a writ of preliminary injunction enjoining the Regional Tripartite Wages and Productivity Board of the National Capital Region (RTWPB–NCR) and the National Wages and Productivity Commission (NWPC) from implementing the wage hike. Meanwhile, the Navotas RTC had ordered a clarificatory hearing via videoconference on Alliance of Philippine Fishing Federation’s prayer for the issuance of an SQAO.

The petition also asks the SC to direct the RTCs to stop further proceedings in these cases.

The SC also directed the RTWPB-NCR and NWPC to submit their comments on the petition within 10 days from receipt of notice.

A copy of the available pleadings may be downloaded from the Current Cases section of the SC website: https://sc.judiciary.gov.ph/?p=171339

29/08/2026

SUPREME COURT AXES COURT STENOGRAPHER OVER FAKE ANNULMENT RULING

The Supreme Court (SC) has dismissed from the service a court stenographer in Paniqui, Tarlac for grave misconduct after she allegedly duped a complainant into paying P250,000 in exchange for a fake annulment ruling.

In an 11-page ruling penned by Associate Justice Henri Jean Paul Inting, the SC En Banc forfeited the retirement benefits of Rosalie Sarsagat, stenographer III of the Paniqui Regional Trial Court (RTC) Branch 67, and disqualified her from seeking reemployment in government.

The dismissal order stemmed from a complaint filed by an overseas Filipino worker (OFW), who applied for annulment of marriage at the Paniqui court branch. The complainant said he was told that Sarsagat is a relative of a former judge of RTC Branch 67.

He said Sarsagat asked for P250,000 as payment for the processing of the annulment of his marriage. The complainant said that in 2018, Sarsagat gave him a copy of a court decision dated November 2015, and certificates of authenticity and finality of the annulment.

Sarsagat reportedly asked for another P30,000 from the complainant’s sister for the registration of the annulment. After receiving the money, Sarsagat reportedly ceased communicating with the OFW and his relatives.

The complainant said he discovered that the documents given to him by Sarsagat were fake. The Judicial Integrity Office (JIO) found Rosalie guilty of one count of gross misconduct fof engaging in corrupt activities, and consequently, recommended her dismissal from the service.

In affirming with modification the recommendation of the JIO, the high court found Sarsagat guilty of two counts of gross misconduct, ruling that she no longer deserves to remain in the judiciary.

It also found that Sarsagat violated Canon II, Section 3 and Canon III, Section 8 of the Code of Conduct and Accountability for Court Officials and Personnel (CCACOP).

These provisions prohibit court personnel from making it appear that they have the power to influence or affect the outcome of a case or any other matter pending before their office.

Sarsagat was also found to have breached the prohibition against directly or indirectly soliciting or accepting any gift, bequest, or favor, regardless of value, from court users, lawyers, litigants, or third parties dealing with the court.

The SC noted that the lower court had previously been involved in a similar offense, which led to the dismissal of a judge and the imposition of fines on Sarsagat.

29/08/2026

𝙀𝙇𝙀𝘾𝙏𝙄𝙊𝙉 𝙇𝘼𝙒 & 𝙂𝙊𝙑𝙀𝙍𝙉𝘼𝙉𝘾𝙀: 𝘼𝙣 𝙀𝙫𝙚𝙣𝙞𝙣𝙜 𝙤𝙛 𝙇𝙖𝙬 𝙖𝙣𝙙 𝘾𝙤𝙣𝙫𝙚𝙧𝙨𝙖𝙩𝙞𝙤𝙣 ⚖️

The Integrated Bar of the Philippines – Misamis Oriental Chapter, in partnership with the Development Center for Future Leaders, Inc., warmly invites our members of the IBP from Misamis Oriental Chapter and Cagayan de Oro to an evening of timely legal discussion and professional conversation.

Join us on September 3, 2026 (Thursday), from 6:00 PM to 9:00 PM in Cagayan de Oro City, as we discuss recent developments in Election Law and Electoral Reform, including the constitutional, legal, and governance implications of postponing the Barangay and Sangguniang Kabataan Elections.

We are privileged to have Atty. Rowena V. Guanzon, former Commissioner of the Commission on Elections and Commission on Audit, as our Guest Speaker, together with a Resource Speaker from the Commission on Elections – Region 10.

This activity is specifically intended for lawyers and seeks to provide a collegial setting where members of the legal profession can engage in meaningful discussion on issues that directly affect our democratic and electoral institutions.

📅 September 3, 2026 | Thursday
🕕 6:00 PM – 9:00 PM
📍 Cagayan de Oro City — specific venue to be announced
🍽️ Dinner will be served for free.

𝙇𝙞𝙢𝙞𝙩𝙚𝙙 𝙨𝙡𝙤𝙩𝙨 𝙖𝙧𝙚 𝙖𝙫𝙖𝙞𝙡𝙖𝙗𝙡𝙚. 𝙋𝙧𝙚-𝙧𝙚𝙜𝙞𝙨𝙩𝙧𝙖𝙩𝙞𝙤𝙣 𝙞𝙨 𝙧𝙚𝙦𝙪𝙞𝙧𝙚𝙙. We encourage interested lawyers to reserve their seats early through the QR code on the poster or through the registration link:

https://forms.gle/pwew4kcfmJqBDBVRA

We look forward to welcoming our fellow lawyers from Misamis Oriental and Cagayan de Oro for an evening of law, conversation, and fellowship!

26/08/2026

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26/08/2026

'I HAVE COMMITTED ABSOLUTELY NO WRONGDOING'

READ: Senator Loren Legarda issued a statement defending her filing for medical leave, saying it is “in accordance with Senate rules.”

“Neither I nor anyone else deserves to be subjected to unfounded accusations over the exercise of one’s legal rights,” she said.

Legarda also urged the public to be “discerning” amid what she described as false accusations surrounding her absence.

“I remain confident that once the facts come out, we will be vindicated,” she said.