R&B Law - Regis and Bacomo-Regis Law Office

R&B Law - Regis and Bacomo-Regis Law Office Legal Services
Est. 2017

13/03/2026

𝐏𝐑𝐎𝐂𝐋𝐀𝐌𝐀𝐓𝐈𝐎𝐍 𝐍𝐎. 𝟏𝟏𝟖𝟗, 𝐬. 𝟐𝟎𝟐𝟔

Declaring Friday, 20 March 2026, a Regular Holiday Throughout the Country in Observance of Eid’l Fitr (Feast of Ramadhan)

Visit the Official Gazette website: https://www.officialgazette.gov.ph/s4HFv5

07/03/2026

FUEL ADVISORY: DOE has ordered oil companies and gasoline stations to comply with fuel pricing rules and anti-hoarding regulations.

Fuel prices from March 6 to 9 must not exceed ranges below:

Gasoline (RON97/100): ₱53.70–₱76.50/L
Gasoline (RON95): ₱50.00–₱71.04/L
Gasoline (RON91): ₱49.00–₱64.70/L
Diesel: ₱49.00–₱66.59/L
Diesel Plus: ₱56.80–₱74.81/L
Kerosene: ₱78.90–₱99.89/L.

Any violations may lead to revocation of the Certificate of Compliance or License to Operate, suspension or cancellation of business permits, among other penalties. | via Gabrielle Galang

27/02/2026

ITEM SEIZED FROM WARRANTLESS SEARCH ADMISSIBLE, EVEN IF NOT IN PLAIN VIEW—SUPREME COURT

The Supreme Court (SC) ruled that items confiscated during a lawful warrantless search may still be admitted as evidence, even if they were not in plain view of the arresting officers.

In a 16-page ruling written by Associate Justice Ricardo Rosario, the SC’s First Division affirmed the conviction of Jeryl Bautista for illegal possession of dangerous drugs under Section 11 of Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act of 2002, as amended.

In 2017 Bautista was arrested in a buy-bust. A police officer posing as a buyer received from Bautista a sachet of shabu worth PHP 500. Other officers, a representative from the Department of Justice (DOJ), and two barangay kagawads arrived shortly after.

Upon his arrest, an officer frisked Bautista and discovered three more sachets of suspected shabu hidden inside a cellphone charger. The officer also found a cellphone, screwdriver, weighing scale, and marked money. The police then marked the four sachets, prepared an inventory of the seized items, and took photographs.

During the trial, Bautista argued that the additional sachets should not be admitted as evidence because they were not in plain view of the police officers when seized during his arrest.

The Regional Trial Court and the Court of Appeals rejected his defense and convicted him of illegal possession of shabu. This prompted Bautista to elevate the case before the Supreme Court.

In sustaining his conviction, the high court noted that the plain view doctrine is not always required to justify a warrantless search, particularly when police officers search a person who has just been lawfully arrested.”

It defines plain view as a rule that allows law enforcement officers to seize evidence without a warrant if they are lawfully in a position to see it, the discovery is accidental, and the item's illegal nature is immediately apparent.

The said doctrine, according to SC, allows police officers to seize evidence in plain sight when (1) the officer has a lawful reason to be in the place where the item is seen, (2) the discovery of the item is unplanned or incidental, and (3) it is immediately obvious that the item is connected to a crime or is illegal.

Nevertheless, it clarified that the said rule has exceptions. For a seizure of an item not in plain view search, it must meet these conditions: (1) the accused is lawfully arrested, (2) the arresting officers subsequently made a warrantless search, (3) the search is limited to the person of the accused and the area within the accused’s immediate control, and (4) the search is performed at the place of the arrest.

In this case, Bautista was arrested during a buy-bust operation. He was frisked as part of the arrest. While the sachets hidden inside his cellphone charger were not in the officers’ plain view, the SC held that the warrantless search remained valid because it was done as part of a lawful arrest.

It held that all these elements were present. The search revealed three additional sachets of shabu hidden inside a cellphone charger. Bautista could not explain why he had the drugs or show any authority allowing him to possess them.

The highest bench meted out the penalty of imprisonment for a maximum period of 16 years against Bautista and ordered him to pay a fine of P300,000.

19/02/2026

The (SC) 𝘌𝘯 𝘉𝘢𝘯𝘤 has issued guidelines in appreciating the mitigating circumstance of voluntary surrender, clarifying that it must be evaluated based on the person’s true intent and the totality of the circumstances.

In a Decision written by Associate Justice Samuel H. Gaerlan, the SC granted the accused’s petition and reduced his sentence, recognizing his surrender as voluntary even if he surrendered after learning of the issuance of arrest warrant against him.

The accused went to the National Bureau of Investigation (NBI) to apply for clearance. During processing, his name registered a “hit”, indicating he had a pending case. He admitted this to the NBI officer.

He was instructed to return after one week while the records were being verified. When he came back, the NBI officer confirmed he had a pending bigamy case and an outstanding warrant for his arrest issued 13 years earlier. He then told the officer, “masuko na lang ako” (I will surrender) and asked help in posting bail. The arrest warrant was then served on him.

The NBI later issued a certificate stating that he voluntarily surrendered to their office. However, the return of the warrant and order of release described him as having been “arrested.”

During arraignment, the accused first pleaded not guilty but later entered into a plea bargain, asking the court to consider his voluntary surrender and guilty plea.

The Regional Trial Court (RTC) convicted him of bigamy and considered his plea of guilt, but ruled that he did not voluntarily surrender. It relied on the warrant’s return and release order, which stated that he was “arrested,” and noted that the case had been pending for 13 years because he could not be located. The Court of Appeals affirmed this, finding that he went to the NBI not to surrender but to apply for clearance, and that when he said he would surrender, he had no choice because he was already inside the NBI office.

The SC disagreed.

Under Article 13(7) of the 𝘙𝘦𝘷𝘪𝘴𝘦𝘥 𝘗𝘦𝘯𝘢𝘭 𝘊𝘰𝘥𝘦, voluntary surrender requires that the offender had not been arrested; they surrendered themselves to a person in authority or its agent; and the surrender was voluntary.

In this case, the accused returned to the NBI and said he would surrender before the arrest warrant was actually served on him. He had not yet been arrested. He also surrendered to an NBI officer, a person in authority.

The SC ruled that voluntary surrender must be viewed with a “more considerate and broad-minded approach” once guilt has been established. It stressed that voluntary surrender must be assessed through the totality of circumstances, laying down the following guiding principles:

1. The voluntariness and spontaneity of the surrender must show that offender either admits their guilt or wish to spare authorities the trouble of searching for and arresting them.

2. The circumstances of the voluntary surrender is independent of the fact of the issuance of the arrest warrant. The mere fact of the arrest warrant’s prior issuance should not be taken against the accused’s claim of voluntary surrender when other circumstances point to the fulfillment of all requirements, including voluntariness. However, knowledge of the accused of the existence of an arrest warrant against them and their continued evasion of justice can negate voluntariness and spontaneity.

3. The lapse of time an accused used to evade the law could be a criterion in negating spontaneity.

4. Voluntariness is not negated by the fact that there is likelihood that the accused may be arrested anytime before they surrendered. Imminence of arrest should be coupled with an indication that the accused fled or could further escape and evade, before it could deny voluntariness.

5. The intention of the accused at the time of surrender must be considered with other circumstances in determining entitlement to mitigating circumstance. The offender is not required to surrender at the first opportunity.

6. If the records do not clearly show that the offender voluntarily surrendered, that doubt cannot be resolved in their favor.

As to the voluntariness of his surrender, the SC emphasized that if he intended to evade arrest, he would not have returned to the NBI. While his first visit was to secure a clearance, his decision to return despite knowing there might be an active case shows his willingness to cooperate with the authorities.

The SC also clarified that while he knew about the pending case, there was no proof that he knew a warrant for his arrest had already been issued. It also noted the absence of any attempt to flee, his open use of his real name, and the fact that he returned to the NBI on his own.

The SC also reminded judges to avoid making quick or premature conclusions, emphasizing:

“What the Court asks and expects of magistrates on the frontlines of justice is to adjudge each case wholly, fully, and fairly as discerning persons learned in the law and literate in life experience, and not as cold-hearted automatons or soulless supercomputers, for even a single judge’s role in the administration of our penal laws can indeed have far-reaching consequences for the parties and for human society as a whole… The law may be harsh, but it need not be harsher.”

The accused’s sentence was reduced from a maximum of six years to a maximum of four years in prison.

Read the full text of the press release at https://sc.judiciary.gov.ph/?p=160857

Read the full text of the Decision https://sc.judiciary.gov.ph/?p=160836

Read the Concurring Opinion of Associate Justice Alfredo Benjamin S. Caguioa at https://sc.judiciary.gov.ph/258592-formerly-udk-no-17170-concurring-opinion-justice-alfredo-benjamin-s-caguioa/

16/02/2026
Vehicle Accessories that require LTO Registration
15/02/2026

Vehicle Accessories that require LTO Registration

Here's a rundown on certain off-road accessories for SUVs and Pickups that need to be registered with the LTO

12/02/2026

The Supreme Court (SC) recently ruled that courts do not automatically disregard credible testimony simply because a witness later withdraws or changes it, particularly in cases involving sexual abuse.

Click the link in the comments for the full story.

10/02/2026
08/02/2026

Administrative disciplinary proceedings against lawyers - not intended to afford redress for private grievances or to serve as a means to collect civil debts.

The Court reiterated that it may only order the return of money or property in administrative cases when the obligation is intrinsically linked to the lawyer-client relationship. Supreme Court | Per GAERLAN, J.

Read the full story in the comment section.

27/01/2026
17/01/2026

Lawful Ex*****on: Rules on Serving Warrant of Arrest

The process of arresting a citizen is strictly governed by Rule 113 of the Revised Rules of Criminal Procedure and the Philippine National Police (PNP) Operational Procedures. These rules ensure that while the state exercises its power to enforce the law, the fundamental rights of the individual under the 1987 Constitution are preserved.

Under Rule 113, Sec. 2 of Revised Rules of Criminal Procedure an arrest is made either by:

• Actual Restraint: The physical taking of the person into custody.

• Submission: When the person voluntarily yields to the authority of the arresting officer.

Section 2 explicitly states: "No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention."
When executing a warrant, an officer must follow specific protocols to ensure the arrest is "legal" and the evidence remains admissible:

• Announcement of Authority: The officer must inform the person that they are a peace officer and that they are arresting them by virtue of a warrant.

• State the Cause: The officer must inform the person of the specific offense charged.

• The "Possession" Rule: Interestingly, the officer does not need to have the physical warrant in their possession at the exact moment of the arrest. However, if the arrested person requires it, the warrant must be shown to them as soon as practicable.

• Time of Arrest: Unlike search warrants (which are generally served during the day), a warrant of arrest may be served on any day and at any time of the day or night (Rule 113, Sec. 6).

• Overcome Physical Barriers: If a suspect is inside a building or house, Section 11 of Rule 113 allows an officer to break into the enclosure if they are refused admittance after announcing their authority and purpose.

The PNP Operational Procedures provide a "Use of Force Policy" that adheres to the principle of Proportionality. Force is only "necessary" if it is required to overcome resistance or prevent escape.

Philippine National Police (PNP) follows a graduated response model:

1. Non-Lethal Weapons: Officers are required to carry non-lethal equipment in their police rig. These must be used primarily for uncooperative or unruly offenders.

2. Verbal Warning: Before force is used, an officer must issue a loud and clear verbal warning, identifying themselves and their intent.

o Exception: A warning is not required if it would place the officer or the public in imminent danger.

3. Prohibition of Warning Shots: The PNP manual strictly prohibits the use of warning shots.

4. Lethal Force: Fi****ms may only be used when the suspect poses an imminent danger of causing death or serious injury to the officer or others.

Once a warrant is served, the "Miranda Rights" (Republic Act No. 7438) must be recited in a language the person understands:

• The right to remain silent.

• The right to have competent and independent counsel (preferably of their own choice).

• The right to be informed that anything they say can be used against them.

Other Rights under Republic Act No. 7438: Sec. 2 (f) of R.A. 7438 provides that any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with any member of his IMMEDIATE FAMILY, or any MEDICAL DOCTOR, PRIEST OR RELIGIOUS MINISTER chosen by him or by any member of his immediate family or by his counsel.

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