Ursal & Ursal-Belciña Law Office

Ursal & Ursal-Belciña Law Office Attorneys-at-Law and Notary Public ⚖️

We have FREE NOTARIAL SERVICES for affidavits related to Typhoon Tino.Landmark: Beside Jollibee Consolacion, along the h...
06/11/2025

We have FREE NOTARIAL SERVICES for affidavits related to Typhoon Tino.

Landmark: Beside Jollibee Consolacion, along the highway.

Please see e-poster below:

24/10/2025

Paalala mula sa IBP: Protektahan ang sarili laban sa pekeng abogado.

Verify before you trust.

01/10/2025

𝐄𝐌𝐄𝐑𝐆𝐄𝐍𝐂𝐘 𝐇𝐎𝐓𝐋𝐈𝐍𝐄𝐒:
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📌‎ 911 Emergency Hotline: 911 (Cebu Province)‎

‎📌 Bureau of Fire Protection (Cebu City): 160 / 256-0541 to 43

‎ ‎📌 Bureau of Fire Protection (Lapu-Lapu City): 340-0252

‎📌 Bureau of Fire Protection (Mandaue City): 344-4747 / 344-3364
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‎📌 Bureau of Fire Protection (Talisay City): 272-8277‎

📌 Command Center (Cebu City): 166 / 262-1424 / 0932-537-7770

‎📌 Command Center (Mandaue City): 383-1658
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‎📌 Command Center (Lapu-Lapu City): 431-3771
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‎📌 Disaster Risk Reduction and Management Office (Cebu City): 0917-839-9896
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‎📌 Disaster Risk Reduction Management Office (Cebu Province): 255-0046

‎📌 Disaster Risk Reduction Management Office (Mandaue City): 420-2868
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‎📌 Disaster Risk Reduction Management Office (Talisay City): 491-4159

‎📌 Emergency Rescue Unit Foundation (Metro Cebu): 161 / 0918-921-0000 / 233-9300 / 255-7287

‎📌 Philippine Red Cross (Cebu Chapter): 0915-583-9829 / 328-9238

19/09/2025

𝐂𝐞𝐥𝐞𝐛𝐫𝐚𝐭𝐢𝐧𝐠 𝐋𝐚𝐰 𝐃𝐚𝐲 (𝐒𝐞𝐩𝐭𝐞𝐦𝐛𝐞𝐫 𝟏𝟗)

In the Philippines, Law Day is observed annually on September 19, pursuant to Presidential Proclamation No. 1477 (1975). It is part of the Philippine National Law Week, celebrated every third week of September, and serves as a reminder of the vital role of lawyers in the justice system and the importance of fostering public respect for the rule of law.

12/09/2025

The (SC) has acquitted an accused in a drug case after finding that the police failed to strictly follow the required chain of custody for the seized ma*****na.

In a Decision written by Associate Justice Jhosep Y. Lopez, the SC 𝘌𝘯 𝘉𝘢𝘯𝘤 acquitted Allan Acdang, who was earlier convicted by the Regional Trial Court for cultivating and planting ma*****na in violation of RA 9165, or the 𝘊𝘰𝘮𝘱𝘳𝘦𝘩𝘦𝘯𝘴𝘪𝘷𝘦 𝘋𝘢𝘯𝘨𝘦𝘳𝘰𝘶𝘴 𝘋𝘳𝘶𝘨𝘴 𝘈𝘤𝘵 𝘰𝘧 2002.

Allan and his brother were arrested during a 2011 police operation in Kibungan, Benguet, for cultivating ma*****na plants. No witnesses were present when the police first took photographs and inventoried the seized ma*****na from the plantation site.

Allan was found guilty by the trial court, a ruling later affirmed by the Court of Appeals.

The SC overturned Allan’s conviction, after finding that police officers failed to bring the necessary witnesses during the inventory and photography of the seized ma*****na.

Under RA 9165, the prosecution must prove beyond reasonable doubt that the plants seized are the same ones examined in the lab and presented in court. This is done through the chain of custody rule, which documents every step of handling the seized drugs—from confiscation, to transfer to the crime lab, to presentation in court—to guarantee that the evidence remains untampered.

The SC has also clarified in the 2022 case of 𝘕𝘪𝘴𝘱𝘦𝘳𝘰𝘴 𝘷. 𝘗𝘦𝘰𝘱𝘭𝘦, that marking must be done immediately at the place of seizure, in the presence of the offender (unless they escaped), and that inventory and photographs must be taken right after the seizure in the presence of the accused or their representative and the required witnesses.

If these procedures are not followed, the prosecution must explain why and show that the integrity of the evidence was preserved.

In Allan’s case, the SC ruled that despite the remote location, police failed to show they made a genuine effort to invite witnesses during their operation.

In acquitting Allan and ordering his immediate release, the SC emphasized that strictly following the chain of custody rule is crucial because failing to prove the evidence's identity and integrity can lead to an acquittal.

Read the full text of the press release at https://sc.judiciary.gov.ph/?p=151561.

Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=151531.

Read the Dissenting Opinion of Senior Associate Justice Marvic M.V.F. Leonen at https://sc.judiciary.gov.ph/?p=151544.

Read the Dissenting Opinion of Associate Justice Amy C. Lazaro-Javier at https://sc.judiciary.gov.ph/?p=151538.

Read the Concurring Opinion of Associate Justice Alfredo Benjamin S. Caguioa at https://sc.judiciary.gov.ph/?p=151534.

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

12/09/2025

The (SC) has clarified that disputes involving condominium contracts should be decided by the Human Settlements Adjudication Commission (HSAC), formerly the Housing and Land Use Regulatory Board (HLURB), and not the Regional Trial Court (RTC).

In a Decision written by Associate Justice Henri Jean Paul B. Inting, the SC’s Third Division nullified the RTC’s ruling that held Vivien M. Cadungog (Cadungog) and Sung Ha Jung (Sung) civilly liable to each other over a contract to sell involving a condominium unit.

Under the contract, Cadungog, a developer of a condominium building in Cebu City, agreed to deliver a unit to Sung once he completed payment of PHP 3.5 million. Sung paid a PHP 175,000 downpayment, and later PHP 3 million, leaving a balance of PHP 258,950. Because of the unpaid amount, Cadungog refused to deliver the unit.

Sung then filed a criminal complaint before the RTC against Cadungog, citing a violation of Presidential Decree No. (PD) 957 or the 𝘚𝘶𝘣𝘥𝘪𝘷𝘪𝘴𝘪𝘰𝘯 𝘢𝘯𝘥 𝘊𝘰𝘯𝘥𝘰𝘮𝘪𝘯𝘪𝘶𝘮 𝘉𝘶𝘺𝘦𝘳𝘴’ 𝘗𝘳𝘰𝘵𝘦𝘤𝘵𝘪𝘷𝘦 𝘋𝘦𝘤𝘳𝘦𝘦.

The RTC acquitted Cadungog, but ordered her to either: deliver the unit upon full payment of the purchase price, or return the amount Sung had already paid. Cadungog argued that it was the HLURB and not the RTC which had jurisdiction over the civil aspect of her case.

Ruling in Cadungog’s favor, the SC declared as null and void the RTC’s decision on the civil matter of the case.

It explained that while civil liability can be decided in a criminal case, this does not apply when the liability arises from a contract, as in this case.

The SC emphasized that the civil dispute between Cadungog and Sung stemmed from their contract to sell.

Further, under PD 957, as amended, the HLURB (now reconstituted as the HSAC) has exclusive jurisdiction over cases involving contractual and legal obligations between buyers and developers of real estate projects. At the time Sung filed the complaint, it was the HLURB that had authority over such cases.

Read the full text of the press release at https://sc.judiciary.gov.ph/?p=151440.

Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=151432.

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

Address

Door #4, 2nd Floor, A & C Bldg. , North Road, Brgy. Cansaga
Consolacion
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