Atty. King Anthony Perez

Atty. King Anthony Perez Any post, article, or information made on this page shall not be interpreted as legal advice. Thanks! Escario Street, Cebu City.

You may also visit me at my office: Orino and Perez Law Office, 2G, 2/F, CAIAA Center, Vibo Place, N.

22/05/2026
22/05/2026

MANILA, Philippines β€” President Ferdinand Marcos Jr. on Thursday issued a circular declaring next Wednesday, May 27, a regular holiday throughout the country in observance of Eid'l Adha, or the Feast of Sacrifice.

Full story in the comment section.

21/05/2026

BREAKING: DOJ Secretary Fredderick Vida says PNP and NBI β€œnow tasked to effect the arrest” of Senator Ronald Dela Rosa. | via Adrian Ayalin, ABS-CBN News

20/05/2026

ππ‘πŽπ•πˆππ‚πˆπ€π‹ ππŽπ€π‘πƒ π’π”πππŽπ‘π“π’ π’πŽπ‚πˆπ€π‹ πŒπ„πƒπˆπ€ π’π€π…π„π“π˜ π…πŽπ‘ π‚π‡πˆπ‹πƒπ‘π„π ππˆπ‹π‹

The 17th Sangguniang Panlalawigan of Cebu has officially expressed its support for a Senate bill aimed at creating a preventive regulatory framework for child protection in the digital environment.

Sponsored by Sixth District Board Member Alfred Ouano, the resolution expressing support for this proposed law was approved by the sanggunian during its regular session on Monday, May 18, 2026.

The Social Media Safety for Children Bill was introduced by Senator Sherwin Gatchalian.

Recent data from a survey conducted by the Philippine Statistics Authority (PSA) in collaboration with the Department of Information and Communications Technology (DICT) revealed that approximately 66% of children aged 10 to 16 used social media within three months of the survey.

The sanggunian believes that the significant number of minors engaging with social media highlights the urgent need for preventive measures to protect them from online risks.

β€œThe bill establishes a comprehensive regulatory framework governing minors’ access to social media, aiming to institute preventive safeguards and enhance the protection of children’s physical, mental, moral, and social well-being in the digital environment,” the resolution stated.


20/05/2026
20/05/2026

BREAKING: Voting 9-5-1, the Supreme Court denies TRO request of Senator Ronald Dela Rosa vs. the implementation of the ICC arrest warrant against him. | via Adrian Ayalin, ABS-CBN News

19/05/2026

The has ruled that the unilateral imposition of reduced workdays and worker rotation scheme amounts to constructive dismissal.

In a Decision written by Associate Justice Amy C. Lazaro-Javier, the SC En Banc found Fiber Textile Manufacturing Corp. (FMC) liable for constructively dismissing seven production workers after reducing their six-day workweek to only two to three days and implementing a work rotation plan without their consent, despite FMC’s claim that the workers agreed to the temporary scheme during a meeting on the shortage of raw materials.

The workers filed a complaint for constructive dismissal, claiming that they were effectively dismissed when they were told not to return to work.

The Labor Arbiter ruled in favor of the workers, but the National Labor Relations Commission and the Court of Appeals upheld FMC’s actions as a valid exercise of management prerogative.

The SC disagreed. It emphasized that while employers may adopt flexible work arrangements during economic difficulties or national emergencies, these arrangements must comply with the requirements set out in Department of Labor and Employment (DOLE) Department Advisory No. 2, Series of 2009.

The SC explained that employers must first consult affected employees and obtain the voluntary support of the majority of workers. Employers must also notify the DOLE before implementing the arrangement and prove that the company is suffering from actual or reasonably imminent economic difficulties.

In this case, the SC held that FMC failed to prove that the workers voluntarily agreed to the reduced workdays and worker rotation scheme. The Court ruled that informing employees of the arrangement does not equate to securing their consent.

FMC also failed to notify the DOLE before implementation and failed to prove that it was suffering from actual or imminent economic difficulties that would justify the reduction of workdays.

The SC emphasized that while employers may adopt flexible work arrangements to prevent business losses, such measures must be exercised in good faith and with due regard to the rights of workers.

FMC’s unlawful reduction of workdays amounted to constructive dismissal because it resulted in diminished salaries, making continued employment unreasonable for the workers.

In his Concurring Opinion, Senior Associate Justice Marvic M.V.F. Leonen stressed that the requirement of mutual consent in flexible work arrangements originates from the consensual nature of employment contracts, such that employers cannot unilaterally alter work schedules in a manner that diminishes employees’ pay.

In his Concurring and Dissenting Opinion, Associate Justice Alfredo Benjamin S. Caguioa agreed that FMC remained liable for constructive dismissal for failing to prove that the workers voluntarily agreed to the reduced workdays and work rotation plan. However, he emphasized that FMC had no raw materials to work with for several months, significantly affecting production operations. Thus, he stated that FMC faced a reasonably imminent economic difficulty that could justify the temporary adoption of flexible work arrangements.

Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=166287

Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=166264

Read the full text of the Concurring Opinion at https://sc.judiciary.gov.ph/?p=166269

Read the full text of the Concurring and Dissenting Opinion at https://sc.judiciary.gov.ph/?p=166274

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

18/05/2026

The has clarified that the rules on modifying circumstancesβ€”factors that can lessen or increase penaltiesβ€”apply in cases of reckless imprudence resulting in homicide involving a motor vehicle.

In a Decision written by Associate Justice Antonio T. Kho, Jr., the SC En Banc upheld Noli Z. Ilon’s (Ilon) conviction for reckless imprudence resulting in homicide, but reduced his sentence because he voluntarily surrendered to the police.

Under Article 365 of the Revised Penal Code (RPC), reckless imprudence is acting without intent to harm but still causing injury or death to another due to a clear lack of precaution. The SC emphasized that motorists are expected to drive at a reasonable speed suited to road and weather conditions, especially near intersections. In this case, Ilon admitted that he failed to slow down despite knowing he was approaching an intersection. He even increased his speed, leading him to hit the trisikad that caused Lee de la Cruz’s death.

The SC clarified that Ilon’s voluntary surrender should be appreciated as a mitigating circumstance that reduces his penalty. It explained that while Article 365 of the RPC generally allows trial courts to impose penalties without applying the rules on mitigating and aggravating circumstances under Article 64 of the RPC, this does not apply when reckless imprudence results in death involving a motor vehicle. In such cases, Article 64 must be followed.

The SC reviewed the amendments to Article 365β€”from Act No. 3992, or the Revised Motor Vehicle Law, passed in 1932, through Batas Pambansa Blg. 398 passed in 1983β€”and found that Congress consistently retained the clause excluding cases where death results from reckless imprudence involving motor vehicles from the usual discretion given to trial courts. This means that courts must apply Article 64 to determine the proper penalty.

The SC observed, however, an inconsistency: reckless imprudence resulting in homicide with the use of a motor vehicle may be mitigated, while those resulting in serious bodily injury or damage to property are left to the discretion of the trial courts. Finding this distinction unjust, the SC directed that copies of its Decision be furnished to the President, the Senate, and the House of Representatives, to alert its co-equal branches of this inconsistency and for possible legislative action.

Ilon was sentenced to up to two years and four months in prison and ordered to pay the heirs of de la Cruz PHP 629,883.45 in damages.

In his Concurring Opinion, Senior Associate Justice Marvic M.V.F. Leonen noted that piecemeal amendments to the RPC have led to inconsistencies in criminal law. He called for the consolidation of all criminal provisions into a single, unified code to ensure fairness, clarity, and the orderly administration of justice.

Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=166162

Read the full text of the Decision at https://sc.judiciary.gov.ph/260538-noli-z-ilon-vs-people-of-the-philippines/

Read the full text of the Concurring Opinion at https://sc.judiciary.gov.ph/260538-concurring-opinion-senior-associate-justice-marvic-m-v-f-leonen/

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

Celebrating life as a trentahin 🀣 Happy Birthday to all May celebrants πŸŽ‚
17/05/2026

Celebrating life as a trentahin 🀣 Happy Birthday to all May celebrants πŸŽ‚

15/05/2026

Nagpasya ang na ang mga pananakot na di-berbal (non-verbal threatening gestures) ay maaaring ituring na grave threats sa ilalim ng Revised Penal Code (RPC) kung malinaw na may criminal intent o layuning gumawa ng krimen.

Sa desisyong isinulat ni Associate Justice Alfredo Benjamin S. Caguioa, pinawalang-sala ng Ikatlong Dibisyon ng Korte si Gregory Israel sa kasong grave threats matapos mapag-alamang wala siyang layuning gumawa ng krimen sa kanyang pagkukunwaring babarilin at pupugutan ng ulo ang dalawang indibidwal.

Gayunman, nilinaw ng Korte na maaaring maisagawa ang krimeng grave threats sa pamamagitan ng di-berbal na kilos, at hindi lamang sa pamamagitan ng pasalita o nakasulat na pananakot.

Si Israel na nagpakilala bilang Belgian architect na pinahintulutang magsanay ng kanyang propesyon sa Pilipinas, ay kinuha ng mga Belgian business partner na sina Christine Helena Amanda Navez at Olivier Edmund Denonville para sa pagpapatayo ng kanilang gusali. Matapos tumanggi si Israel na ayusin ang mga depekto sa nasabing gusali, nagpasya ang mag-business partner na sina Navez at Denonville na ihabla siya para masingil sa danyos.

Bandang 2017, habang pauwi mula sa paliparan sina Navez at Denonville, ay muntik nilang makabanggaan ang motorsiklo ni Israel. Kalaunan, sinasabing gumawa si Israel ng dalawang malinaw na kilos ng pananakot: itinutok ang kanyang mga daliri sa ulo ni Navez na parang nagpapaputok ng baril, at iginalaw ang mga daliri sa kanyang leeg na tila nagbabanta ng pagpupugot sa kanyang ulo.

Nahatulan si Israel ng grave threats. Nang pagtibayin ng Court of Appeals ang kanyang hatol, umapela siya sa Korte Suprema at iginiit na wala siyang layuning kriminal nang gawin niya ang mga kilos, at hindi saklaw ng Article 282 ng Revised Penal Code (RPC) ang mga kilos na di-berbal (pure non-verbal gestures).

Pinawalang-sala ng Korte si Israel dahil hindi napatunayan ang layuning kriminal. Gayunman, hindi ito sumang-ayon sa kanyang isa pang argumento, at iginiit na ang mga di-berbal na kilos ay maaari ring ituring na grave threats.

Para maparusahan ang isang tao sa kasong grave threats, dalawang elemento ang hinihingi ng RPC: ang aktwal na pagbigkas o pagpapahayag ng banta, at ang layuning manakot o magdulot ng takot.

Pinagtibay ng Korte na ang Article 282 ng RPC ay hindi nagtatangi sa mga banta na ipinapahayag sa salita at sa mga ipinapakita sa pamamagitan ng di-berbal na mga kilos. Ang mahalaga ay ang paghahatid ng banta na may layuning manakot.

Bagaman binabanggit sa ikalawang talata ng probisyon na ang mga banta ay maaaring ihatid nang pasalita o sa pamamagitan ng sulat, hindi nito isinasantabi ang mga banta na ipinapahayag sa pamamagitan ng di-berbal na mga paraan. Kaya, ang mga banta ay maaaring berbal o di-berbal.

Basahin ang buong press release sa https://sc.judiciary.gov.ph/sc-non-verbal-gestures-may-be-considered-grave-threats-under-rpc/

Basahin ang buong Desisyon sa https://sc.judiciary.gov.ph/265736-gregory-israel-vs-people-of-the-philippines/

Sumunod sa Credit Attribution Policy ng SC PIO: https://sc.judiciary.gov.ph/credit-attribution-policy/

15/05/2026

𝐂𝐄𝐁𝐔 ππ‘πŽπ•πˆππ‚πˆπ€π‹ ππŽπ€π‘πƒ πˆππ’π“πˆπ“π”π“πˆπŽππ€π‹πˆπ™π„π’ π‹π„π†πˆπ’π‹π€π“πˆπ•π„ 𝐀𝐖𝐀𝐑𝐄𝐍𝐄𝐒𝐒 πŒπŽππ“π‡

The 17th Sangguniang Panlalawigan of Cebu has approved an ordinance declaring the month of July as theβ€œCebu Province Legislative Awareness Month”.

Sponsored by Lone District of Mandaue City Board Member Nilo V. Seno, the ordinance was approved on its third and final reading during the regular session of the sanggunian last Monday, May 11, 2026.

Among the approved programs, projects, and activities under the ordinance are the annual report of approved resolutions and ordinances, capability-building programs, academic contests, and socio-civic programs.

The new ordinance has also created the Legislative Education and Advocacy Planning (LEAP) Committee, which will be headed by the Vice Governor.

The LEAP Committee shall organize, coordinate, and spearhead programs, projects, and activities during the Legislative Awareness Month, subject to the approval of the sanggunian.

A two-million-peso (Php 2,000,000.00) appropriation has been made for the realization of the newly approved ordinance.


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