Atty. Teonilo

Atty. Teonilo Making the law understandable—one post at a time. Part-Time Law Professor at Andres Bonifacio College School of Law

24/07/2026

How to Transfer Real Estate in the Philippines

⚖️ WHAT HAPPENS TO MINORS WHO COMMIT SERIOUS CRIMES? (A Legal Breakdown)Under the Juvenile Justice and Welfare Act (R.A....
24/06/2026

⚖️ WHAT HAPPENS TO MINORS WHO COMMIT SERIOUS CRIMES? (A Legal Breakdown)

Under the Juvenile Justice and Welfare Act (R.A. No. 9344, as amended by R.A. No. 10630) and the 2019 Supreme Court Revised Rule on Children in Conflict with the Law, handling minor offenders depends heavily on their exact age and "discernment."

Let’s look at the legal process for two minors, Nash (14) and Rod (15), who committed Murder.

🛑 CRIMINAL & CIVIL LIABILITY

* Nash (14 years old): Because he is under 15, he is absolutely exempt from criminal liability. However, since he committed a serious crime, the law deems him a "neglected child" subject to mandatory intervention.

* Rod (15 years old): If he is exactly 15, he is likewise absolutely exempt. But if he is 15 years and one day old or above, he is exempt unless the prosecution proves he acted with discernment.

* What is Discernment? It is the mental capacity to know the difference between right and wrong, and to understand the consequences of a wrongful act. The totality of circumstances—such as planning the crime to exploit their minority—serves as strong evidence of discernment.

* Civil Liability: Exemption from jail does not erase accountability! Parents or guardians are directly and primarily liable for the civil damages caused by their children.

🚓 THE ARREST & POST-ARREST PROCESS

Law enforcement must strictly observe child-sensitive procedures:

1. Officers must explain the arrest and the minors' constitutional rights in a language they understand. Violence, vulgarity, or unnecessary restraint are strictly prohibited.

2. Minors cannot be locked up in a regular detention cell or mixed with adult offenders.

3. Within 8 hours, custody must be turned over to the Local Social Welfare and Development Office (LSWDO), and the parents and the Public Attorney's Office (PAO) must be notified.

4. They must undergo thorough physical and mental examinations.

🏛️ COURT PROCEEDINGS & REHABILITATION

* For Nash (and Rod, if exactly 15): The LSWDO will file a petition for involuntary commitment to the Intensive Juvenile Intervention and Support Center (IJISC) inside a Bahay Pag-asa. The court mandates an initial placement of at least one (1) year under the care of a multi-disciplinary team.

* For Rod (if above 15 with discernment): He faces a preliminary investigation. He does not qualify for a diversion program because the penalty for Murder exceeds 6 years. If convicted, his sentence is placed under automatic suspension. He will undergo rehabilitation at a Youth Rehabilitation Center or a facility managed by BUCOR/DSWD.

⏳ WHAT HAPPENS WHEN THEY REACH 18 OR 21? WILL THEY GO TO A REGULAR PRISON?

The short answer is NO, they will not necessarily be thrown into a regular prison cell.

* Nash’s Future: His release is not based on reaching 18 or 21, but entirely on the court's assessment of his rehabilitation progress. He cannot be convicted of a crime, so he will never be sentenced to a regular prison.

* Rod’s Future: At 18, the court evaluates his suspended sentence. If successfully rehabilitated, he is discharged. If he is incorrigible, the court may extend his rehabilitation until 21 or order the ex*****on of his sentence.

* The Section 51 Rule: Even if the court orders Rod to serve his sentence after reaching the age of majority, the Supreme Court has clarified that under Section 51 of R.A. No. 9344, he may be ordered to serve his time in an agricultural camp or training facility controlled by BUCOR and DSWD, rather than a regular penal institution.

15/06/2026

Proclamation No. 1317 - Declaring Wednesday, July 1, 2026 as a Special Non-Working Day in the City of Dipolog, Province of Zamboanga del Norte.

31/05/2026

⚖️ The Rules of the Senate do not explicitly provide for an automated "online voting" system. However, they allow for participation and voting during remote sessions through teleconference, video conference, or other reliable forms of remote or electronic means. In such remote setups, voting is still conducted through the authorized methods: viva voce (voice vote) or nominal voting (roll call).

🏛️ Meaning of Force Majeure under the Rules of the Senate

Under Sections 22 and 41 of the Rules of the Senate, the use of teleconferencing and video conferencing is specifically allowed only when there is a force majeure or the occurrence of an emergency (or national emergency) that prevents the convening of the Senate or the physical presence of its members in the session hall. Within this context, the existence of such force majeure or emergency must be determined by the majority of all the members of the Senate.

📖 Meaning of Force Majeure based on Supreme Court Interpretation

In Philippine jurisprudence, force majeure is synonymous with a fortuitous event under Article 1174 of the Civil Code. The Supreme Court defines it as extraordinary events that could not be foreseen, or which, though foreseen, were inevitable.

The Court categorizes these events into two general causes:

🌪️ Acts of God (by Nature): Natural occurrences and accidents such as earthquakes, storms, floods, typhoons, and epidemics.

🛑 Acts of Man: Events such as riots, strikes, wars, armed invasions, and governmental prohibitions that have the force of an imposition which a person could not have resisted.

To successfully invoke force majeure as an excuse from fulfilling an obligation in a normal manner, the Supreme Court requires the concurrence of the following elements:

1️⃣ The cause of the unforeseen and unexpected occurrence must be independent of the human will.

2️⃣ The event must be impossible to foresee or, if foreseeable, impossible to avoid.

3️⃣ The occurrence must be such that it renders it impossible for the person to fulfill their obligation in a normal manner.

4️⃣ The person invoking it must be free from any participation in or aggravation of the resulting injury.

The Court strictly notes that if the event is found to be partly the result of a party's participation, neglect, or failure to act, the incident is "humanized" and is therefore removed from the legal ambit of force majeure.

📌 Can Senator Ronald "Bato" dela Rosa avail of online voting if hiding from an ICC arrest warrant?

No.

An arrest warrant—and the voluntary act of hiding to evade it—does not qualify as force majeure or a national emergency. Applying the legal principles above:

It is not independent of human will: The warrant is a legal consequence stemming from his alleged personal actions, and his absence is due to his voluntary choice to go into hiding.

The incident is "humanized": He is not free from participation in the circumstances causing his absence. Because his absence is a direct result of his own acts to evade jurisdiction, it is completely removed from the legal ambit of a fortuitous event.

No Senate-wide emergency: Under Sections 22 and 41, remote voting requires the majority of the Senate to determine that an emergency prevents the convening of the Senate itself. A personal legal predicament affecting a single senator does not meet this threshold.

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May 29, 2021 - The world was on lockdown, face shields were mandatory, and pandemic anxiety was at its peak. Yet, amidst...
28/05/2026

May 29, 2021 - The world was on lockdown, face shields were mandatory, and pandemic anxiety was at its peak. Yet, amidst all the uncertainty, a young couple entered into a lifetime partnership at the Holy Rosary Cathedral. They decided to tie the knot—not just because the strict health protocols offered a brilliant excuse to keep the guest list short and save on wedding costs (though the economic benefit was undeniable)—but, more importantly, to solidify their love and exchange their vows before God and their closest witnesses.

And while the guest list was strictly limited in number, its jurisdiction was surprisingly province-wide and multi-faceted. Their lineup of principal sponsors formed a formidable panel: the then-Provincial Governor and Vice Governor, a Municipal Trial Court (MTC) Judge, the Secretary to the Sangguniang Panlalawigan, a future bank manager, a school principal, a teacher, the City Civil Registrar, and even former US citizens. It was an exclusive jury, but certainly a heavyweight one, convened to witness the commencement of their union.

At the time, the man was just a reviewing law student trying to reach his goals, while his beautiful bride, Kim, was navigating her own path, just two years into her career at a prestigious bank. Their original master plan was to wait until after the Bar Exams to get married, but God clearly had a different, much better schedule in mind.

A few months later, their little lucky charm, Stacey, arrived. The man's dream of becoming a lawyer was no longer just a personal ambition; it became a family mandate. His family's future depended on the result of his sacrifices. The pandemic forced the Supreme Court to postpone the Bar Exams multiple times, which could have been deeply frustrating. Instead, he treated it as a welcome extension, using the year-long review period to spend precious time with his wife and baby.

Kim and Stacey were his absolute support system, providing the moral support and energy he needed to keep going. And he definitely needed a miracle when he tested positive for COVID-19 just a week before the Bar! Thankfully, by God's grace, he tested negative right before the final clearance—a speedy recovery that defied the usual quarantine rules.

The exams finally finished, and while the test itself felt manageable, the journey getting there was long, tiring, and full of uncertainties. Through it all, Kim was the unwavering backbone of the man's energy, and Stacey was his ultimate inspiration. Even after passing, the trials didn't stop—he literally had to stand in line for 10 straight hours, from 1:00 PM to 11:00 PM, just to sign the Roll of Attorneys! It was never easy.

Fast forward to today: the husband and wife are happily married, though not without their occasional "silent treatments." Instead of loud, verbal cross-examinations, they sometimes invoke their right to remain silent. Those are the times when the house is deafeningly peaceful, but their hearts are on strike with no talking and no hugging. Thankfully, they always manage to settle their differences. After all, those quiet gaps are overwhelmingly outweighed by their sweet moments together—their spontaneous travels, fun eat-outs, and endlessly playful moments with Stacey.

Through it all, the man eventually realized that marriage is not some fairy tale like Cinderella and the Seven Dwarves, where finding your princess guarantees an automatic, uncontested "happily ever after." In reality, the longer the relationship goes on, the more they both enter their flaws into the record. He knows her imperfections, and she certainly knows his. They have both witnessed the good and the evil in each other. Yet, despite full disclosure of all these flaws, he finds himself inevitably loving her even more—honoring the binding promises they made at the altar on the day of their wedding.

Perhaps, the hope for a brighter future for their marriage was already admitted into evidence through the signs of the times. After all, the priest who officiated their wedding is surnamed "Cahayag," and the OB-Gyne who helped deliver their daughter is surnamed "Lamdag." With both names carrying the promise of light and brightness, the universe was already hinting at a radiant path ahead for their family.

Through all the seasons of their life, the man is endlessly thankful for his wife's unwavering support. Without Kim, he knows he wouldn't be where he is today. The man extends his deepest love to his wife and to Stacey, thanking them both for the happiest five years. With prayers and faith in the Lord, he knows the years ahead will continue to rule in their favor.

Happy 5th Wedding Anniversary Bibii!

The man - Teonilo M. Bagalanon Jr.

12/05/2026

🏛️ Under the 1987 Philippine Constitution, parliamentary immunity from arrest is a specific privilege granted to members of the legislature to ensure they can perform their duties without interference.

The scope of this immunity is defined by the following parameters:

⚖️ 1. Constitutional Basis and Conditions

According to Article VI, Section 11 of the Constitution, a Senator or Member of the House of Representatives is privileged from arrest under two specific conditions:

📌 The privilege applies only to offenses punishable by not more than six years imprisonment.

📌 The immunity is only effective while the Congress is in session.

This differs from the 1935 Constitution, which provided immunity "in all cases except treason, felony, and breach of the peace" during attendance at sessions and while traveling to and from them.

💡 2. Rationale for the Privilege

The Supreme Court has identified two primary reasons for granting this immunity:

📌 It prevents attempts to keep a member of Congress from attending sessions, thereby ensuring that their constituents are represented.

📌 It protects legislators from government pressure or intimidation that might aim to influence their decision-making prerogatives.

🛑 3. Exceptions and Limitations

The privilege of immunity from arrest is not absolute and does not provide "unqualified impunity".

📌 Legislators charged with crimes punishable by more than six years of imprisonment (such as those punishable by reclusion perpetua) do not enjoy this privilege.

📌 The Court has ruled that being a member of Congress does not lift a prisoner out of the standard classification of those validly restrained by law. If a legislator is charged with a non-bailable offense and evidence of guilt is strong, they remain under the custody of the law and in actual restraint of liberty, even if they are elected or re-elected while in detention.

📌 Parliamentary immunity does not protect a member from the disciplinary authority of their own House. Under Article VI, Section 16(3), each House may punish its members for disorderly behavior and, with a two-thirds vote, suspend or expel a member.

🛡️ In summary, parliamentary immunity from arrest is a functional protection meant to preserve the integrity of the legislative process, but it is strictly limited by the severity of the crime and the operational schedule of Congress.

25/04/2026
08/01/2026

🎉CONGRATULATIONS, SEPTEMBER 2025 BAR PASSERS! ⚖️

Andres Bonifacio College – School of Law proudly honors and congratulates our 20 successful September 2025 Bar Passers. Your names are now etched in history through hard work, perseverance, and unwavering faith.

This remarkable achievement reflects not only your dedication but also the strong foundation of legal education at ABC. The entire ABC community celebrates this milestone with you! 💙💛

👏 To our new lawyers—may you serve justice with integrity, courage, and compassion.





04/01/2026

The Supreme Court (SC) has ordered a lending app operator to pay damages to a client after it accessed her contact list and sent messages about her outstanding loan. https://tinyurl.com/3s4ak5xh | via ONE News

31/12/2025

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Angeles And Associates Law Office
Dipolog City
7100

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