KLim Law

07/01/2026

🎉 Congratulations to our legal assistant, 𝐄𝐥𝐚𝐢𝐧𝐞 𝐉𝐨𝐲 𝐄𝐦𝐩𝐞𝐲𝐧𝐚𝐝𝐨, for passing the 𝟐𝟎𝟐𝟓 𝐏𝐡𝐢𝐥𝐢𝐩𝐩𝐢𝐧𝐞 𝐁𝐚𝐫 𝐄𝐱𝐚𝐦𝐢𝐧𝐚𝐭𝐢𝐨𝐧𝐬!✨

May this milestone be only the beginning of your successful journey in the legal profession. God bless your future endeavors—we are so proud of you! ⚖️💙

19/11/2025

𝗔𝗯𝘂𝘀𝗶𝘃𝗲 𝗠𝗼𝘁𝗵𝗲𝗿𝘀 𝗰𝗮𝗻 𝗯𝗲 𝗢𝗳𝗳𝗲𝗻𝗱𝗲𝗿𝘀 𝘂𝗻𝗱𝗲𝗿 𝗩𝗔𝗪𝗖 𝗟𝗮𝘄; 𝗙𝗮𝘁𝗵𝗲𝗿𝘀 𝗰𝗮𝗻 𝗙𝗶𝗹𝗲 𝗖𝗮𝘀𝗲 𝗼𝗻 𝗕𝗲𝗵𝗮𝗹𝗳 𝗼𝗳 𝗔𝗯𝘂𝘀𝗲𝗱 𝗖𝗵𝗶𝗹𝗱𝗿𝗲𝗻.

In 2005, American Randy Knutson married Rosalina Sibal in Singapore, and they had a daughter, Rhuby. After moving to the Philippines in 2011, the couple separated due to Rosalina’s affairs. She became addicted to gambling, sold family assets, neglected and abused Rhuby, and engaged in drug-related activities. On December 7, 2017, Randy filed for protection orders under RA 9262, alleging Rosalina’s harmful behavior toward Rhuby. The RTC dismissed the case, ruling RA 9262 does not apply when the alleged abuser is the child’s mother, and that only a “woman victim of violence” can invoke its remedies. Randy’s appeal was denied.

The Supreme Court ruled that under RA 9262, a father may file protection and custody orders on behalf of his child victim, even though the law’s protection is limited to women and children. While Congress excluded men as victims, Section 9(b) of RA 9262 expressly allows “parents” of the offended party which includes fathers to petition for protection orders. The law’s wording is clear and unqualified, and courts must apply it as written.

𝗧𝗵𝗲 𝗹𝗮𝘄’𝘀 𝘁𝗲𝗿𝗺 “𝗮𝗻𝘆 𝗽𝗲𝗿𝘀𝗼𝗻” 𝗶𝗻𝗰𝗹𝘂𝗱𝗲𝘀 𝗺𝗼𝘁𝗵𝗲𝗿𝘀 𝗮𝘀 𝗽𝗼𝘀𝘀𝗶𝗯𝗹𝗲 𝗼𝗳𝗳𝗲𝗻𝗱𝗲𝗿𝘀, 𝗮𝗻𝗱 𝘁𝗵𝗲 𝗿𝗲𝗺𝗲𝗱𝗶𝗲𝘀 𝗮𝗽𝗽𝗹𝘆 𝗲𝘃𝗲𝗻 𝘄𝗵𝗲𝗻 𝘁𝗵𝗲 𝗮𝗯𝘂𝘀𝗲𝗿 𝗶𝘀 𝘁𝗵𝗲 𝗺𝗼𝘁𝗵𝗲𝗿. 𝗧𝗵𝗲 𝗥𝗧𝗖 𝗲𝗿𝗿𝗲𝗱 𝗶𝗻 𝗿𝘂𝗹𝗶𝗻𝗴 𝗼𝘁𝗵𝗲𝗿𝘄𝗶𝘀𝗲 𝗮𝗻𝗱 𝗶𝗻 𝗿𝗲𝗳𝘂𝘀𝗶𝗻𝗴 𝘁𝗼 𝗲𝘃𝗮𝗹𝘂𝗮𝘁𝗲 𝘁𝗵𝗲 𝗲𝘃𝗶𝗱𝗲𝗻𝗰𝗲 𝗼𝗻 𝗰𝘂𝘀𝘁𝗼𝗱𝘆. 𝗥𝗔 𝟵𝟮𝟲𝟮 𝗺𝘂𝘀𝘁 𝗯𝗲 𝗹𝗶𝗯𝗲𝗿𝗮𝗹𝗹𝘆 𝗰𝗼𝗻𝘀𝘁𝗿𝘂𝗲𝗱 𝘁𝗼 𝗽𝗿𝗼𝘁𝗲𝗰𝘁 𝘄𝗼𝗺𝗲𝗻 𝗮𝗻𝗱 𝗰𝗵𝗶𝗹𝗱𝗿𝗲𝗻 𝗳𝗿𝗼𝗺 𝘃𝗶𝗼𝗹𝗲𝗻𝗰𝗲, 𝗰𝗼𝗻𝘀𝗶𝘀𝘁𝗲𝗻𝘁 𝘄𝗶𝘁𝗵 𝗰𝗼𝗻𝘀𝘁𝗶𝘁𝘂𝘁𝗶𝗼𝗻𝗮𝗹 𝗮𝗻𝗱 𝗶𝗻𝘁𝗲𝗿𝗻𝗮𝘁𝗶𝗼𝗻𝗮𝗹 𝗰𝗼𝗺𝗺𝗶𝘁𝗺𝗲𝗻𝘁𝘀.

Read the full text here: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/68500

14/11/2025

𝗧𝗵𝗲 𝗦𝘂𝗽𝗿𝗲𝗺𝗲 𝗖𝗼𝘂𝗿𝘁 𝗿𝘂𝗹𝗲𝗱 𝘁𝗵𝗮𝘁 𝘁𝗵𝗲 𝘂𝗻𝗷𝘂𝘀𝘁𝗶𝗳𝗶𝗲𝗱 𝗱𝗲𝗻𝗶𝗮𝗹 𝗼𝗳 𝗮𝗻 𝗲𝗺𝗽𝗹𝗼𝘆𝗲𝗲’𝘀 𝗮𝗰𝗰𝗲𝘀𝘀 𝘁𝗼 𝘁𝗵𝗲 𝘄𝗼𝗿𝗸𝗽𝗹𝗮𝗰𝗲 𝗮𝗻𝗱 𝗽𝗲𝗿𝗳𝗼𝗿𝗺𝗮𝗻𝗰𝗲 𝗼𝗳 𝗱𝘂𝘁𝗶𝗲𝘀 𝗰𝗼𝗻𝘀𝘁𝗶𝘁𝘂𝘁𝗲𝘀 𝗶𝗹𝗹𝗲𝗴𝗮𝗹 𝗱𝗶𝘀𝗺𝗶𝘀𝘀𝗮𝗹.

A group of "pakyaw" workers (paid per output) were hired by Constant Packaging Corporation as sorters, revisers, and packers. The workers raised several issues with management, including below-minimum wages, long hours, and non-remittance of SSS, PhilHealth, and Pag-IBIG contributions. They also reported these to the Department of Labor and Employment (DOLE).

Subsequently, the 12 workers filed a complaint with the Department of Labor and Employment. After which, they were prevented by security guards from entering the company premises on various dates prompting the workers to file a complaint for illegal dismissal.

𝗧𝗵𝗲 𝗖𝗼𝘂𝗿𝘁 𝗿𝘂𝗹𝗲𝗱 𝘁𝗵𝗮𝘁 𝘁𝗵𝗲 𝗮𝗰𝘁 𝗼𝗳 𝗽𝗿𝗲𝘃𝗲𝗻𝘁𝗶𝗻𝗴 𝘁𝗵𝗲 𝟭𝟮 𝗽𝗲𝘁𝗶𝘁𝗶𝗼𝗻𝗲𝗿𝘀 𝗳𝗿𝗼𝗺 𝗲𝗻𝘁𝗲𝗿𝗶𝗻𝗴 𝘁𝗵𝗲 𝗰𝗼𝗺𝗽𝗮𝗻𝘆 𝗽𝗿𝗲𝗺𝗶𝘀𝗲𝘀 𝗶𝘀 𝗮𝗻 𝗼𝘃𝗲𝗿𝘁 𝗮𝗰𝘁 𝗼𝗳 𝗱𝗶𝘀𝗺𝗶𝘀𝘀𝗮𝗹. 𝗧𝗵𝗲 𝗲𝗺𝗽𝗹𝗼𝘆𝗲𝗿'𝘀 𝗰𝗹𝗮𝗶𝗺 𝘁𝗵𝗮𝘁 𝘁𝗵𝗲𝘆 𝗱𝗶𝗱 𝗻𝗼𝘁 𝗱𝗶𝘀𝗺𝗶𝘀𝘀 𝘁𝗵𝗲 𝘄𝗼𝗿𝗸𝗲𝗿𝘀 𝘄𝗮𝘀 𝗰𝗼𝗻𝘁𝗿𝗮𝗱𝗶𝗰𝘁𝗲𝗱 𝗯𝘆 𝘁𝗵𝗲𝗶𝗿 𝗳𝗮𝗶𝗹𝘂𝗿𝗲 𝘁𝗼 𝗽𝗿𝗼𝘃𝗲 𝗮𝗯𝗮𝗻𝗱𝗼𝗻𝗺𝗲𝗻𝘁. 𝗧𝗵𝗲 𝗯𝘂𝗿𝗱𝗲𝗻 𝘄𝗮𝘀 𝗼𝗻 𝘁𝗵𝗲 𝗲𝗺𝗽𝗹𝗼𝘆𝗲𝗿 𝘁𝗼 𝘀𝗵𝗼𝘄 𝗮 𝗰𝗹𝗲𝗮𝗿 𝗶𝗻𝘁𝗲𝗻𝘁 𝗯𝘆 𝘁𝗵𝗲 𝗲𝗺𝗽𝗹𝗼𝘆𝗲𝗲𝘀 𝘁𝗼 𝘀𝗲𝘃𝗲𝗿 𝘁𝗵𝗲 𝗲𝗺𝗽𝗹𝗼𝘆𝗺𝗲𝗻𝘁 𝗿𝗲𝗹𝗮𝘁𝗶𝗼𝗻𝘀𝗵𝗶𝗽, 𝘄𝗵𝗶𝗰𝗵 𝘁𝗵𝗲𝘆 𝗳𝗮𝗶𝗹𝗲𝗱 𝘁𝗼 𝗱𝗼.

Read the full text here:
https://sc.judiciary.gov.ph/wp-content/uploads/2025/09/G.R.-259988-2025-05-19-DECISION.pdf

21/10/2025

𝗧𝗵𝗲 𝗦𝘂𝗽𝗿𝗲𝗺𝗲 𝗖𝗼𝘂𝗿𝘁 𝗰𝗹𝗮𝗿𝗶𝗳𝗶𝗲𝗱 𝘁𝗵𝗮𝘁 𝗗𝗼𝗺𝗲𝘀𝘁𝗶𝗰 𝗠𝗮𝗿𝗸𝗲𝘁 𝗘𝗻𝘁𝗲𝗿𝗽𝗿𝗶𝘀𝗲𝘀 (𝗗𝗠𝗘𝘀) 𝗮𝗿𝗲 𝗲𝗻𝘁𝗶𝘁𝗹𝗲𝗱 𝘁𝗼 𝗮𝘃𝗮𝗶𝗹 𝗼𝗳 𝘁𝗵𝗲 𝘇𝗲𝗿𝗼-𝗿𝗮𝘁𝗲𝗱 𝗩𝗮𝗹𝘂𝗲-𝗔𝗱𝗱𝗲𝗱 𝗧𝗮𝘅 (𝗩𝗔𝗧) 𝗶𝗻𝗰𝗲𝗻𝘁𝗶𝘃𝗲 𝘂𝗻𝗱𝗲𝗿 𝗥𝗲𝗽𝘂𝗯𝗹𝗶𝗰 𝗔𝗰𝘁 𝗡𝗼. 𝟭𝟭𝟱𝟯𝟰, 𝗼𝘁𝗵𝗲𝗿𝘄𝗶𝘀𝗲 𝗸𝗻𝗼𝘄𝗻 𝗮𝘀 𝘁𝗵𝗲 𝗖𝗼𝗿𝗽𝗼𝗿𝗮𝘁𝗲 𝗥𝗲𝗰𝗼𝘃𝗲𝗿𝘆 𝗮𝗻𝗱 𝗧𝗮𝘅 𝗜𝗻𝗰𝗲𝗻𝘁𝗶𝘃𝗲𝘀 𝗳𝗼𝗿 𝗘𝗻𝘁𝗲𝗿𝗽𝗿𝗶𝘀𝗲𝘀 (𝗖𝗥𝗘𝗔𝗧𝗘) 𝗔𝗰𝘁.

In 2021, 𝑹𝒆𝒑𝒖𝒃𝒍𝒊𝒄 𝑨𝒄𝒕 𝑵𝒐. 11534 (𝑪𝑹𝑬𝑨𝑻𝑬 𝑨𝒄𝒕), was enacted to reform the corporate tax system and rationalize fiscal incentives. It provided VAT exemption on importation and VAT zero-rating on local purchases for Registered Business Enterprises (RBEs) which could either be Domestic Market Enterprises (DMEs) or Registered Export Enterprises (REEs).

The 𝑩𝒖𝒓𝒆𝒂𝒖 𝒐𝒇 𝑰𝒏𝒕𝒆𝒓𝒏𝒂𝒍 𝑹𝒆𝒗𝒆𝒏𝒖𝒆 (𝑩𝑰𝑹) issued Revenue Regulations (RR) No. 21-2022 and Revenue Memorandum Circulars (RMC) Nos. 24-2022 and 49-2022, reiterating that VAT zero-rating applies exclusively to REEs, not to DMEs.

Aggrieved, petitioners Subic Bay Freeport Chamber of Commerce (SBFCC and others) filed a Petition for Declaratory Relief before the Regional Trial Court (RTC), questioning the validity and constitutionality of Rule 18, Section 5 of the CREATE IRR, RR No. 21-2022, and RMC Nos. 24-2022 and 49-2022.

𝗧𝗵𝗲 𝗖𝗼𝘂𝗿𝘁 𝗵𝗲𝗹𝗱 𝘁𝗵𝗮𝘁 𝘁𝗵𝗲 𝗜𝗺𝗽𝗹𝗲𝗺𝗲𝗻𝘁𝗶𝗻𝗴 𝗥𝘂𝗹𝗲𝘀 𝗮𝗻𝗱 𝗥𝗲𝗴𝘂𝗹𝗮𝘁𝗶𝗼𝗻𝘀 (𝗜𝗥𝗥) 𝗮𝗻𝗱 𝘁𝗵𝗲 𝗕𝘂𝗿𝗲𝗮𝘂 𝗼𝗳 𝗜𝗻𝘁𝗲𝗿𝗻𝗮𝗹 𝗥𝗲𝘃𝗲𝗻𝘂𝗲 (𝗕𝗜𝗥) 𝗿𝗲𝗴𝘂𝗹𝗮𝘁𝗶𝗼𝗻𝘀 𝘄𝗲𝗿𝗲 𝗶𝗻𝘃𝗮𝗹𝗶𝗱 𝗳𝗼𝗿 𝗶𝗺𝗽𝗼𝘀𝗶𝗻𝗴 𝗿𝗲𝘀𝘁𝗿𝗶𝗰𝘁𝗶𝗼𝗻𝘀 𝗻𝗼𝘁 𝗰𝗼𝗻𝘁𝗲𝗺𝗽𝗹𝗮𝘁𝗲𝗱 𝗯𝘆 𝗻𝗼𝗿 𝗳𝗼𝘂𝗻𝗱 𝗶𝗻 𝘁𝗵𝗲 𝗖𝗥𝗘𝗔𝗧𝗘 𝗔𝗰𝘁. 𝗜𝘁 𝗲𝗺𝗽𝗵𝗮𝘀𝗶𝘇𝗲𝗱 𝘁𝗵𝗮𝘁 𝘁𝗵𝗲 𝘀𝘁𝗮𝘁𝘂𝘁𝗲 𝗲𝘅𝗽𝗿𝗲𝘀𝘀𝗹𝘆 𝗲𝘅𝘁𝗲𝗻𝗱𝘀 𝘁𝗵𝗲 𝗩𝗔𝗧 𝗶𝗻𝗰𝗲𝗻𝘁𝗶𝘃𝗲 𝘁𝗼 𝗮𝗹𝗹 𝗥𝗲𝗴𝗶𝘀𝘁𝗲𝗿𝗲𝗱 𝗕𝘂𝘀𝗶𝗻𝗲𝘀𝘀 𝗘𝗻𝘁𝗲𝗿𝗽𝗿𝗶𝘀𝗲𝘀 (𝗥𝗕𝗘𝘀), 𝗶𝗻𝗰𝗹𝘂𝗱𝗶𝗻𝗴 𝗗𝗼𝗺𝗲𝘀𝘁𝗶𝗰 𝗠𝗮𝗿𝗸𝗲𝘁 𝗘𝗻𝘁𝗲𝗿𝗽𝗿𝗶𝘀𝗲𝘀 (𝗗𝗠𝗘𝘀). 𝗧𝗵𝗲 𝗖𝗼𝘂𝗿𝘁 𝗳𝘂𝗿𝘁𝗵𝗲𝗿 𝗵𝗲𝗹𝗱 𝘁𝗵𝗮𝘁 𝘁𝗵𝗲 𝗗𝗧𝗜 𝗮𝗻𝗱 𝗗𝗢𝗙 𝗰𝗮𝗻𝗻𝗼𝘁 𝗴𝗼 𝗯𝗲𝘆𝗼𝗻𝗱 𝘁𝗵𝗲 𝗹𝗮𝘄. 𝗦𝗶𝗻𝗰𝗲 𝘁𝗵𝗲 𝗖𝗥𝗘𝗔𝗧𝗘 𝗔𝗰𝘁 𝗶𝗻𝗰𝗹𝘂𝗱𝗲𝘀 𝗱𝗼𝗺𝗲𝘀𝘁𝗶𝗰 𝗺𝗮𝗿𝗸𝗲𝘁 𝗲𝗻𝘁𝗲𝗿𝗽𝗿𝗶𝘀𝗲𝘀 𝗮𝘀 𝗥𝗕𝗘𝘀, 𝘁𝗵𝗲 𝗜𝗥𝗥 𝗰𝗮𝗻𝗻𝗼𝘁 𝗹𝗮𝘄𝗳𝘂𝗹𝗹𝘆 𝗲𝘅𝗰𝗹𝘂𝗱𝗲 𝘁𝗵𝗲𝗺 𝗳𝗿𝗼𝗺 𝘁𝗵𝗲 𝗴𝗿𝗮𝗻𝘁𝗲𝗱 𝗶𝗻𝗰𝗲𝗻𝘁𝗶𝘃𝗲𝘀.

Read the full text here:
https://sc.judiciary.gov.ph/wp-content/uploads/2025/09/G.R.-NO.-266016-1-19.pdf

16/10/2025

𝗧𝗵𝗲 𝗦𝘂𝗽𝗿𝗲𝗺𝗲 𝗖𝗼𝘂𝗿𝘁 𝗿𝗲𝗮𝗳𝗳𝗶𝗿𝗺𝗲𝗱 𝘁𝗵𝗮𝘁 𝘁𝗵𝗲 𝗱𝗼𝗻𝗮𝘁𝗶𝗼𝗻 𝗼𝗳 𝘀𝘂𝗯𝗱𝗶𝘃𝗶𝘀𝗶𝗼𝗻 𝗹𝗮𝗻𝗱 𝘁𝗼 𝗟𝗚𝗨 𝗺𝘂𝘀𝘁 𝗯𝗲 𝗶𝗻 𝘄𝗿𝗶𝘁𝗶𝗻𝗴 𝗮𝗻𝗱 𝗱𝘂𝗹𝘆 𝗮𝗰𝗰𝗲𝗽𝘁𝗲𝗱 𝗳𝗼𝗿 𝗼𝘄𝗻𝗲𝗿𝘀𝗵𝗶𝗽 𝘁𝗼 𝘃𝗮𝗹𝗶𝗱𝗹𝘆 𝘁𝗿𝗮𝗻𝘀𝗳𝗲𝗿.

Rainier Madrid, a resident of Capitol Homes Subdivision and visitor of the St. Michael the Archangel Parish inside Capitol Park Homes Subdivision (CPHS), filed a Petition for Declaratory Relief to determine the ownership of CPHS’s open spaces and road lots.

He alleged that the Quezon City government and CPHS Homeowners Association (CPHAI) illegally spent public funds and exercised control over areas that remained privately owned, as developer VV Soliven never donated them to the city as required by local ordinances.

The QC government and CPHAI countered that the properties were already public, deemed donated under the ordinances. The RTC dismissed Madrid’s petition for lack of cause of action and held that he was not a real party-in-interest, since the ordinances applied only to developers, not to individual residents.

The Court of Appeals (CA) reversed the ruling and upheld Madrid’s legal standing to institute the action, finding that he possessed a legitimate interest as he could be adversely affected by the alleged misuse of public funds. The CA further held that the subject areas remain private property, there being no competent evidence showing that the subdivision developer had validly donated them to the Quezon City local government unit (LGU).

The SC upheld the CA’s ruling, emphasizing that the QC LGU must prove a valid transfer of property in its favor. However, the LGU did not provide a deed of donation or any proof of acceptance, as required under the Civil Code. The QC government's anchorage on the provisions of the ordinances only theorizes that the subject properties were transferred to them.

𝗧𝗵𝗲 𝗦𝘂𝗽𝗿𝗲𝗺𝗲 𝗖𝗼𝘂𝗿𝘁 𝗰𝗹𝗮𝗿𝗶𝗳𝗶𝗲𝗱 𝘁𝗵𝗮𝘁 𝗼𝗽𝗲𝗻 𝘀𝗽𝗮𝗰𝗲𝘀 𝗮𝗻𝗱 𝗿𝗼𝗮𝗱 𝗹𝗼𝘁𝘀 𝘄𝗶𝘁𝗵𝗶𝗻 𝘀𝘂𝗯𝗱𝗶𝘃𝗶𝘀𝗶𝗼𝗻𝘀 𝗱𝗼 𝗻𝗼𝘁 𝗮𝘂𝘁𝗼𝗺𝗮𝘁𝗶𝗰𝗮𝗹𝗹𝘆 𝘃𝗲𝘀𝘁 𝗼𝘄𝗻𝗲𝗿𝘀𝗵𝗶𝗽 𝗶𝗻 𝘁𝗵𝗲 𝗴𝗼𝘃𝗲𝗿𝗻𝗺𝗲𝗻𝘁. 𝗟𝗼𝗰𝗮𝗹 𝗴𝗼𝘃𝗲𝗿𝗻𝗺𝗲𝗻𝘁 𝘂𝗻𝗶𝘁𝘀 (𝗟𝗚𝗨𝘀) 𝗰𝗮𝗻𝗻𝗼𝘁 𝗮𝘀𝘀𝗲𝗿𝘁 𝗼𝘄𝗻𝗲𝗿𝘀𝗵𝗶𝗽 𝘀𝗼𝗹𝗲𝗹𝘆 𝗯𝘆 𝘃𝗶𝗿𝘁𝘂𝗲 𝗼𝗳 𝗼𝗿𝗱𝗶𝗻𝗮𝗻𝗰𝗲𝘀 𝗼𝗿 𝘀𝘁𝗮𝘁𝘂𝘁𝗼𝗿𝘆 𝗽𝗿𝗼𝘃𝗶𝘀𝗶𝗼𝗻𝘀. 𝗔 𝘃𝗮𝗹𝗶𝗱 𝘄𝗿𝗶𝘁𝘁𝗲𝗻 𝗱𝗲𝗲𝗱 𝗼𝗳 𝗱𝗼𝗻𝗮𝘁𝗶𝗼𝗻 𝗶𝘀 𝗿𝗲𝗾𝘂𝗶𝗿𝗲𝗱 𝘁𝗼 𝗲𝗳𝗳𝗲𝗰𝘁 𝘁𝗵𝗲 𝘁𝗿𝗮𝗻𝘀𝗳𝗲𝗿 𝗼𝗳 𝗼𝘄𝗻𝗲𝗿𝘀𝗵𝗶𝗽. 𝗔𝗯𝘀𝗲𝗻𝘁 𝘀𝘂𝗰𝗵 𝗰𝗼𝗻𝘃𝗲𝘆𝗮𝗻𝗰𝗲, 𝘁𝗵𝗲 𝗽𝗿𝗼𝗽𝗲𝗿𝘁𝘆 𝗿𝗲𝗺𝗮𝗶𝗻𝘀 𝗽𝗿𝗶𝘃𝗮𝘁𝗲 𝗮𝗻𝗱 𝗰𝗮𝗻𝗻𝗼𝘁 𝗯𝗲 𝗹𝗮𝘄𝗳𝘂𝗹𝗹𝘆 𝗰𝗹𝗮𝗶𝗺𝗲𝗱 𝗯𝘆 𝘁𝗵𝗲 𝗟𝗚𝗨.

Read the full text here:https://sc.judiciary.gov.ph/wp-content/uploads/2025/09/G.R.-268254-2025-04-02-DECISION-1.pdf

10/10/2025

𝗦𝘂𝗽𝗿𝗲𝗺𝗲 𝗖𝗼𝘂𝗿𝘁: 𝗦𝗽𝗲𝗰𝗶𝗮𝗹 𝗣𝗼𝘄𝗲𝗿 𝗼𝗳 𝗔𝘁𝘁𝗼𝗿𝗻𝗲𝘆 𝗘𝗻𝗱𝘀 𝗨𝗽𝗼𝗻 𝗗𝗲𝗮𝘁𝗵 𝗼𝗳 𝗣𝗿𝗶𝗻𝗰𝗶𝗽𝗮𝗹

The Supreme Court has ruled that a Special Power of Attorney (SPA) automatically ceases upon the death of the person who granted it, and any acts carried out by the agent afterwards are void, unless covered by narrow exceptions under the law.

The issue arose from a foreclosure dispute where San Miguel Foods Inc. (SMFI) filed for possession of a property that respondent Jessica Alova Uberas used as collateral for a loan to buy poultry products.

Meliton had earlier executed an SPA granting Jessica authority over a conjugal property. Despite his death, Jessica used the same SPA in 2003 to mortgage the property to San Miguel Foods, Inc. (SMFI) as collateral for her personal loan. When she defaulted, the property was foreclosed and awarded to SMFI.

Meliton’s widow, Felicidad Alova, and daughter, Decelyn Alova Pution, filed a case to annul the mortgage and foreclosure. Both the RTC and the Court of Appeals ruled that the SPA ended with Meliton’s death, though they differed on its effect on Felicidad’s share.

𝗧𝗵𝗲 𝗦𝗖 𝗲𝘅𝗽𝗹𝗮𝗶𝗻𝗲𝗱 𝘁𝗵𝗮𝘁 𝘂𝗻𝗱𝗲𝗿 𝗮𝗻 𝗦𝗣𝗔, 𝘄𝗵𝗶𝗰𝗵 𝗶𝘀 𝗮 𝗰𝗼𝗻𝘁𝗿𝗮𝗰𝘁 𝗼𝗳 𝗮𝗴𝗲𝗻𝗰𝘆, 𝗮 𝗽𝗿𝗶𝗻𝗰𝗶𝗽𝗮𝗹 𝗮𝘂𝘁𝗵𝗼𝗿𝗶𝘇𝗲𝘀 𝗮𝗻 𝗮𝗴𝗲𝗻𝘁 𝘁𝗼 𝗮𝗰𝘁 𝗼𝗻 𝗵𝗶𝘀 𝗼𝗿 𝗵𝗲𝗿 𝗯𝗲𝗵𝗮𝗹𝗳 𝗶𝗻 𝘁𝗿𝗮𝗻𝘀𝗮𝗰𝘁𝗶𝗼𝗻𝘀 𝘄𝗶𝘁𝗵 𝘁𝗵𝗶𝗿𝗱 𝗽𝗲𝗿𝘀𝗼𝗻𝘀. 𝗔𝗻𝘆 𝗮𝗰𝘁 𝗯𝘆 𝘁𝗵𝗲 𝗮𝗴𝗲𝗻𝘁 𝗮𝗳𝘁𝗲𝗿 𝘁𝗵𝗲 𝗽𝗿𝗶𝗻𝗰𝗶𝗽𝗮𝗹’𝘀 𝗱𝗲𝗮𝘁𝗵 𝗶𝘀 𝘃𝗼𝗶𝗱, 𝘂𝗻𝗹𝗲𝘀𝘀 𝗶𝘁 𝗳𝗮𝗹𝗹𝘀 𝘂𝗻𝗱𝗲𝗿 𝘁𝘄𝗼 𝗖𝗶𝘃𝗶𝗹 𝗖𝗼𝗱𝗲 𝗲𝘅𝗰𝗲𝗽𝘁𝗶𝗼𝗻𝘀: (𝟭) 𝘄𝗵𝗲𝗻 𝘁𝗵𝗲 𝗮𝗴𝗲𝗻𝗰𝘆 𝘄𝗮𝘀 𝗳𝗼𝗿 𝘁𝗵𝗲 𝗽𝗮𝗿𝘁𝗶𝗲𝘀’ 𝗰𝗼𝗺𝗺𝗼𝗻 𝗶𝗻𝘁𝗲𝗿𝗲𝘀𝘁, 𝗮𝗻𝗱 (𝟮) 𝘄𝗵𝗲𝗻 𝘁𝗵𝗲 𝗮𝗴𝗲𝗻𝘁, 𝘂𝗻𝗮𝘄𝗮𝗿𝗲 𝗼𝗳 𝘁𝗵𝗲 𝗱𝗲𝗮𝘁𝗵 𝗼𝗿 𝗮𝗴𝗲𝗻𝗰𝘆’𝘀 𝗲𝗻𝗱, 𝗰𝗼𝗻𝘁𝗿𝗮𝗰𝘁𝗲𝗱 𝘄𝗶𝘁𝗵 𝗮 𝘁𝗵𝗶𝗿𝗱 𝗽𝗮𝗿𝘁𝘆 𝗶𝗻 𝗴𝗼𝗼𝗱 𝗳𝗮𝗶𝘁𝗵.

In the present case, none of the statutory exceptions finds application. Jessica was fully cognizant of her father’s death at the time she executed the mortgage, and the SPA was not constituted for their common or mutual benefit.

Accordingly, the Court declared the mortgage and foreclosure valid only as to Jessica’s share in the property. The case was remanded to the RTC to determine the extent of her share, annotate the rights of the other heirs, and reflect SMFI’s acquisition of Jessica’s interest.

Read the full text here:https://sc.judiciary.gov.ph/wp-content/uploads/2025/08/260071.pdf

06/10/2025

𝗦𝗖: 𝗕𝗮𝗻𝗸𝘀 𝗰𝗮𝗻 𝗯𝗲 𝗵𝗲𝗹𝗱 𝗹𝗶𝗮𝗯𝗹𝗲 𝗳𝗼𝗿 𝗺𝗼𝗿𝗮𝗹 𝗱𝗮𝗺𝗮𝗴𝗲𝘀 – 𝗲𝘃𝗲𝗻 𝘄𝗶𝘁𝗵𝗼𝘂𝘁 𝗯𝗮𝗱 𝗳𝗮𝗶𝘁𝗵 – 𝗶𝗳 𝘁𝗵𝗲𝗶𝗿 𝗻𝗲𝗴𝗹𝗶𝗴𝗲𝗻𝗰𝗲 𝗰𝗮𝘂𝘀𝗲𝘀 𝗺𝗲𝗻𝘁𝗮𝗹 𝗮𝗻𝗴𝘂𝗶𝘀𝗵 𝘁𝗼 𝗱𝗲𝗽𝗼𝘀𝗶𝘁𝗼𝗿𝘀.

Remedios and Angelita Antonino, U.S. green card holders living abroad, placed over US$150,000 in time deposits with BDO’s San Lorenzo Branch. It was arranged that these deposits were supposed to roll over into savings accounts. Since the Antoninos spent much of their time abroad, they kept the time deposit certificates (TDCs) in a safety deposit box at Banco Filipino for safekeeping.

Later, Banco Filipino, where the box was stored, went bankrupt and was taken over by the PDIC. Worse, BDO San Lorenzo Branch also ceased operations and closed without notifying the Antoninos. When they tried to withdraw their money, BDO claimed the funds had already been released through a demand draft allegedly signed by Angelita. However, she denied signing the draft, pointing out that she was abroad at the time.

𝗧𝗵𝗲 𝗖𝗼𝘂𝗿𝘁 𝗵𝗲𝗹𝗱 𝘁𝗵𝗮𝘁 𝗯𝗮𝗻𝗸𝘀 𝗮𝗿𝗲 𝗺𝗮𝗻𝗱𝗮𝘁𝗲𝗱 𝗯𝘆 𝗹𝗮𝘄 𝗮𝗻𝗱 𝗷𝘂𝗿𝗶𝘀𝗽𝗿𝘂𝗱𝗲𝗻𝗰𝗲 𝘁𝗼 𝗼𝗯𝘀𝗲𝗿𝘃𝗲 𝗽𝗿𝘂𝗱𝗲𝗻𝗰𝗲 𝗮𝗻𝗱 𝗱𝗶𝗹𝗶𝗴𝗲𝗻𝗰𝗲 𝗵𝗶𝗴𝗵𝗲𝗿 𝘁𝗵𝗮𝗻 𝘁𝗵𝗮𝘁 𝗼𝗳 𝗮 “𝗴𝗼𝗼𝗱 𝗳𝗮𝘁𝗵𝗲𝗿 𝗼𝗳 𝗮 𝗳𝗮𝗺𝗶𝗹𝘆,” 𝗼𝘄𝗶𝗻𝗴 𝘁𝗼 𝘁𝗵𝗲 𝗳𝗶𝗱𝘂𝗰𝗶𝗮𝗿𝘆 𝗻𝗮𝘁𝘂𝗿𝗲 𝗼𝗳 𝘁𝗵𝗲𝗶𝗿 𝗯𝘂𝘀𝗶𝗻𝗲𝘀𝘀. 𝗜𝗻 𝘃𝗶𝗲𝘄 𝗼𝗳 𝘁𝗵𝗲 𝘀𝗶𝗴𝗻𝗶𝗳𝗶𝗰𝗮𝗻𝘁 𝗿𝗼𝗹𝗲 𝗼𝗳 𝗯𝗮𝗻𝗸𝗶𝗻𝗴 𝗶𝗻𝘀𝘁𝗶𝘁𝘂𝘁𝗶𝗼𝗻𝘀 𝗶𝗻 𝗰𝗼𝗺𝗺𝗲𝗿𝗰𝗶𝗮𝗹 𝘁𝗿𝗮𝗻𝘀𝗮𝗰𝘁𝗶𝗼𝗻𝘀, 𝗯𝗮𝗻𝗸𝘀 𝗺𝗮𝘆 𝗯𝗲 𝗹𝗶𝗮𝗯𝗹𝗲 𝗳𝗼𝗿 𝗱𝗮𝗺𝗮𝗴𝗲𝘀 𝗶𝗳 𝘁𝗵𝗲𝘆 𝗳𝗮𝗶𝗹 𝘁𝗼 𝗲𝘅𝗲𝗿𝗰𝗶𝘀𝗲 𝘁𝗵𝗲 𝗵𝗶𝗴𝗵𝗲𝘀𝘁 𝗱𝗲𝗴𝗿𝗲𝗲 𝗼𝗳 𝗱𝗶𝗹𝗶𝗴𝗲𝗻𝗰𝗲, 𝗮𝗹𝗼𝗻𝗴 𝘄𝗶𝘁𝗵 𝗵𝗶𝗴𝗵 𝘀𝘁𝗮𝗻𝗱𝗮𝗿𝗱𝘀 𝗼𝗳 𝗶𝗻𝘁𝗲𝗴𝗿𝗶𝘁𝘆 𝗮𝗻𝗱 𝗽𝗲𝗿𝗳𝗼𝗿𝗺𝗮𝗻𝗰𝗲 𝗶𝗻 𝘁𝗵𝗲 𝗱𝗶𝘀𝗰𝗵𝗮𝗿𝗴𝗲 𝗼𝗳 𝗶𝘁𝘀 𝗳𝘂𝗻𝗰𝘁𝗶𝗼𝗻𝘀.

In the present case, BDO was found negligent for failing to properly verify the identity and authority of the person who allegedly withdrew the large deposit. While there was no evidence of malice or bad faith on BDO’s part, the Court ruled that negligence alone is sufficient basis for awarding moral damages when it causes mental anguish, anxiety, and similar suffering to depositors.

Accordingly, BDO was ordered to pay the Antoninos the full value of their time deposits, with interest until fully paid, as well as moral damages amounting to ₱100,000, exemplary damages, and attorney’s fees. The ruling reinforces that banks, given their special role in safeguarding public funds, may be held liable for moral damages purely on the ground of negligence, underscoring the high degree of care expected of them in handling depositors’ accounts.

Read the full text here:https://sc.judiciary.gov.ph/wp-content/uploads/2025/09/273446.pdf

01/10/2025

𝗖𝗮𝗻 𝘁𝗵𝗲 𝗟𝗮𝘄 𝗕𝗲 𝗕𝗲𝗻𝘁?

𝑫𝒖𝒓𝒂 𝒍𝒆𝒙 𝒔𝒆𝒅 𝒍𝒆𝒙 - “The law is harsh, but that is the law.”

In the present case, the Supreme Court reminds us that:
“When the law is clear, there is no other recourse but to apply it regardless of its perceived harshness. Dura lex sed lex. Nonetheless, the law should never be applied or interpreted to oppress one in order to favor another. As a court of law and of justice, this Court has the duty to adjudicate conflicting claims based not only on the cold provision of the law but also according to the higher principles of right and justice.”

𝗧𝗵𝗲 𝗹𝗮𝘄 𝗺𝘂𝘀𝘁 𝘀𝘁𝗮𝗻𝗱 𝗳𝗶𝗿𝗺, 𝘆𝗲𝘁 𝗿𝗲𝗺𝗮𝗶𝗻 𝗷𝘂𝘀𝘁; 𝘂𝗻𝘆𝗶𝗲𝗹𝗱𝗶𝗻𝗴, 𝘆𝗲𝘁 𝗳𝗮𝗶𝗿. 𝗙𝗼𝗿 𝘄𝗵𝗲𝗻 𝘁𝗵𝗲 𝗹𝗮𝘄 𝗯𝗲𝗻𝗱𝘀, 𝗷𝘂𝘀𝘁𝗶𝗰𝗲 𝘀𝗵𝗮𝘁𝘁𝗲𝗿𝘀.

Obiasca v. Basallote
(G.R. No. 176707, February 17, 2010)

Read the full text here: https://lawphil.net/judjuris/juri2010/feb2010/gr_176707_2010.html

15/04/2025

𝗨𝗣𝗗𝗔𝗧𝗘𝗗 𝗛𝗜𝗥𝗜𝗡𝗚 𝗟𝗜𝗦𝗧

Our group of companies is looking for passionate individuals to join our growing team for the following positions:

𝗔𝗖𝗖𝗢𝗨𝗡𝗧𝗔𝗡𝗧 / 𝗔𝗖𝗖𝗢𝗨𝗡𝗧𝗜𝗡𝗚 𝗠𝗔𝗡𝗔𝗚𝗘𝗥
Tasks:
- Maintain and update accounting and financial records
- Prepare income/expense, financial reports
- Prepare tax returns

Qualifications:
- Accounting graduate
- CPA board passer is an advantage, but not required
- Has initiative and strong attention to detail
- Has 2 years of relevant experience
- Proficient in MS Excel or equivalent

𝗔𝗖𝗖𝗢𝗨𝗡𝗧𝗜𝗡𝗚 𝗔𝗦𝗦𝗜𝗦𝗧𝗔𝗡𝗧𝗦
Tasks:
- Bookkeeping, maintaining, and updating accounting records
- Assist in the preparation of financial reports

Qualifications:
- Graduate of accounting-related courses
- Proficient in MS Excel or equivalent
- Has a strong attention to detail
- Experience is an advantage

𝗖𝗔𝗦𝗛𝗜𝗘𝗥
Tasks:
- Greet customers warmly and provide excellent customer service
- Operate a cash register and process transactions accurately

Qualifications:
- At least two (2) years in college
- Excellent customer service and communication skills
- Previous cashier experience is a plus, but not required
- Ability to handle cash and credit card transactions accurately
- Ability to work quickly and efficiently in a fast-paced environment
- Honest, responsible, trainable

𝗚𝗔𝗠𝗘 𝗖𝗘𝗡𝗧𝗘𝗥 𝗔𝗧𝗧𝗘𝗡𝗗𝗔𝗡𝗧
Tasks:
- Oversee a family entertainment center
- Assist customers with games and inquiries
- Refill tokens and tickets in the machines
- Simple troubleshooting of machines

Qualifications:
- At least a Senior high school graduate (Grade 12)
- Excellent customer service and communication skills
- Preferably with experience

𝗚𝗥𝗔𝗣𝗛𝗜𝗖𝗦 𝗗𝗘𝗦𝗜𝗚𝗡𝗘𝗥
Tasks:
- Create and design graphic materials for marketing campaigns
- Design graphics overlay for social media posts

Qualifications:
- Proficient with graphic design software such as Photoshop or equivalent
- Knowledge of video editing is an advantage, but not required
- Creative and attention to detail
- Bring your portfolio when applying

𝗟𝗘𝗚𝗔𝗟 𝗔𝗦𝗦𝗜𝗦𝗧𝗔𝗡𝗧
(Full or part-time)
Tasks:
- Conduct legal research
- Draft contracts and simple pleadings
- Transact with government offices (SEC, IPO, BIR)

Qualifications:
- Must have completed at least JD2 this 2025
- Interested in working in a law firm after graduation and passing the bar

𝗠𝗔𝗥𝗞𝗘𝗧𝗜𝗡𝗚 𝗔𝗦𝗦𝗢𝗖𝗜𝗔𝗧𝗘
Tasks:
- In charge of e-commerce sales and marketing strategy
- In charge of social media postings and management (Facebook, Instagram, Tiktok, etc.)
- Help drive sales to stores
- Must be creative and have initiative

Qualifications:
- Graduate of any business courses
- Relevant experience is an advantage

𝗣𝗛𝗔𝗥𝗠𝗔𝗖𝗬 𝗔𝗦𝗦𝗜𝗦𝗧𝗔𝗡𝗧
Tasks:
- Assist in the dispensing of medications
- Track medication levels, restock shelves, and ensure proper storage procedures
- Monitor the expiration of medicines
- Operate the cash register
- Understands pharmaceutical terminology
- Update pharmacy records

Qualifications:
- At least two (2) years in college (medical or non-medical course)
- With or without experience
- Computer literate
- Excellent customer service and communication skills

𝗪𝗘𝗕 𝗗𝗘𝗩𝗘𝗟𝗢𝗣𝗘𝗥
Tasks:
- Create, design, modify, and maintain WordPress and Shopify websites
- Responsible for integrating websites with other computer applications
- Familiarity with HTML, CSS, and JavaScript is an advantage
- Having relevant experience is an advantage, but not required

Qualifications:
- Have strong technical skills
- Can work with minimum supervision
- Resourceful

You may submit your application letter and resumé with photo in person at KLIM LAW Office, Lacaya Street, Brgy. Central, Dipolog City (at the back of RCBC, beside BuiltSafe Tiles), or via email at [email protected].

Apply now!

29/01/2025

For interested applicants, You may submit your application letter and resumé with photo in person at KLIM LAW Office, Lacaya Street, Brgy. Central, Dipolog City (at the back of RCBC, beside BuiltSafe Tiles), or via email at [email protected].

Those who have previously applied may inform us if you want to be considered in the newly-opened positions.

Apply now!

𝗨𝗣𝗗𝗔𝗧𝗘𝗗 𝗛𝗜𝗥𝗜𝗡𝗚 𝗟𝗜𝗦𝗧📢

We are looking for passionate individuals for the following positions to join our growing team:

𝗔𝗖𝗖𝗢𝗨𝗡𝗧𝗜𝗡𝗚 𝗔𝗦𝗦𝗜𝗦𝗧𝗔𝗡𝗧𝗦
Tasks:
- Bookkeeping, maintaining, and updating accounting records
- Assist in the preparation of financial reports
Qualifications:
- Graduate of accounting-related courses
- Proficient in MS Excel or equivalent
- Has a strong attention to detail
- Experience is an advantage

𝗚𝗥𝗔𝗣𝗛𝗜𝗖𝗦 𝗗𝗘𝗦𝗜𝗚𝗡𝗘𝗥
Tasks:
- Create and design graphic materials for marketing campaigns
- Design graphic overlay for social media posts
Qualifications:
- Proficient with graphic design software such as Photoshop or equivalent
- Knowledge of video editing is an advantage but not required
- Creative
- Bring your portfolio when applying

𝗚𝗔𝗠𝗘 𝗖𝗘𝗡𝗧𝗘𝗥 𝗔𝗧𝗧𝗘𝗡𝗗𝗔𝗡𝗧𝗦
Tasks:
- Oversee a family entertainment center
- Assist customers with games
Qualifications:
- At least high school graduate (Grade 12)
- Good customer service
- Preferably with experience

𝗣𝗟𝗔𝗬𝗚𝗥𝗢𝗨𝗡𝗗 𝗔𝗧𝗧𝗘𝗡𝗗𝗔𝗡𝗧𝗦
Tasks:
- Monitor the safety of children and playground equipment
- Assist children and guardians in the play area
Qualifications:
- At least high school graduate (Grade 12)
- Preferably with experience in working with children
- Friendly and helpful

You may submit your application letter and resumé with photo in person at KLIM LAW Office, Lacaya Street, Brgy. Central, Dipolog City (at the back of RCBC, beside BuiltSafe Tiles), or via email at [email protected].

Those who have previously applied may inform us if you want to be considered in the newly-opened positions.

Apply now!

22/01/2025

SC: Psychological evaluation not required to prove psychological violence under anti-VAWC act.

The has reiterated that a psychological evaluation is not necessary to prove that psychological violence was committed under Republic Act No. 9262, or the 𝘈𝘯𝘵𝘪-𝘝𝘪𝘰𝘭𝘦𝘯𝘤𝘦 𝘈𝘨𝘢𝘪𝘯𝘴𝘵 𝘞𝘰𝘮𝘦𝘯 𝘢𝘯𝘥 𝘵𝘩𝘦𝘪𝘳 𝘊𝘩𝘪𝘭𝘥𝘳𝘦𝘯 (𝘝𝘈𝘞𝘊) 𝘈𝘤𝘵.

In a Decision penned by Associate Justice Henri Jean Paul B. Inting, the Court’s Third Division affirmed the conviction of an accused for psychological violence against his wife and children, sentencing him to up 8 years in prison and PHP 275,000 in fines and damages. The SC also directed him to undergo mandatory psychological counseling or psychiatric treatment.

The SC emphasized that a psychological evaluation from an expert witness is not necessary to prove that the victim suffered. It is not a requirement under the law. The SC ruled that a victim’s testimony in court is enough to prove emotional anguish or mental suffering.

Here, the wife testified in detail her experience proving her mental and emotional anguish. Her husband had an extramarital relationship, left her and their children, and cohabited with another woman in a house right beside their own home, in full view of their children. The accused even flaunted his affair on social media.

Read the press release in full at: https://sc.judiciary.gov.ph/sc-psychological-evaluation-not-required-to-prove-psychological-violence-under-anti-vawc-act/

Read the full text of the Decision at https://sc.judiciary.gov.ph/270257-###270257-vs-people-of-the-philippines-and-aaa

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