DM Bagsan Law Office

DM Bagsan Law Office The number one skill in life is not giving up. Always be Consistent, Determined and Focused.

19/08/2026

A marriage is considered void ab initio if any of the essential elements of a valid marriage such as marriage license is absent.

Hence, in the case of Lapira vs. Fariscal and People, G.R. No. 233512, Feb. 26, 2026, a prior marriage that was void from the beginning may be raised as a defense in a bigamy case even without a prior declaration of nullity applying its earlier ruling in the case of Pulido vs. People (G.R. No. 220149, July 27, 2021) where the court acquitted the accused in raising that prior declaration of nullity of his first marriage is NOT required as a condition precedent to raise the defense that the first marriage was void ab initio in a bigamy case.



Tedan Nasbag

IBP Legal Aid at the La Trinidad Municipal gym. Tedan Nasbag
18/08/2026

IBP Legal Aid at the La Trinidad Municipal gym.



Tedan Nasbag

18/08/2026

The general rule remains that the inventory and photographing of the seized items after buy-bust operation must be done at the place of apprehension. The insulating witnesses must likewise be physically present at or near the place of arrest. Any deviation from these requirement requires a justifiable and practical reason, which must be duly alleged in the affidavits executed by the police officers involved. Failure to provide such justification may result in the acquittal of the accused. ( Pp vs. Joseph B. Espera, G.R. No. 227313, April 21, 2026)

In other words, failure to conduct inventory and photographing at the place of the arrest VIOLATES the Chain of Custody Rule.

12/07/2026

A husband and wife’s mutual desire to end their marriage, by itself, is not enough to prove collusion in a petition for declaration of nullity of marriage. A lack of objection is not the same as collusion. A spouse’s agreement or lack of objection is not the same a secret scheme to mislead the court.

Collusion means that the spouses secretly agreed to take or misrepresent facts in order to nullify their marriage. (Republic vs. Ma. Theresa Ramoran-Wong, G.R. No. 276986, Feb. 3, 2026)

13/05/2026

To be liable for economic abuse under RA 9262 (Violence Against Women and Children), there must be proof of filiation or paternity of the child with the father. Absent such proof, the accused shall be acquitted. (### vs. People, G.R. No. 262419, Nov. 3, 2025)

31/03/2026

Marital infidelity, by itself, is not an act of violence punishable under RA9262, emphasizing that a complainant’s retraction should be given probation value since the case involves private matters meant to protect a woman’s dignity and autonomy.

The high court emphasized that the prosecution, represented by the Office of the Solicitor General failed to sufficiently prove that the infidelity was done with the intention of causing mental or emotional anguish, public ridicule, or humiliation to the wife, which is a very important element of the crime.

It is to be noted that to be convicted of psychological abuse under VAWC law, the infidelity must be done with the intent to tilt the scales of power within the relationship against the woman by causing her to lose her autonomy.

The highest bench also gave probative value to the affidavit of recantation executed by the offended party, emphasizing that it would be ironic to convict the accused where the private offended party herself had declared that she did not suffer emotional anguish and mental suffering. (###264870 vs. People, G.R. No. 264870, April 21, 2025)

26/03/2026

Receipts showing the chain of custody cannot be altered or modified while the specimen is in transit to the next custodian. Even a minimal change in the marking stated in these documents is fatal to the identity and integrity of the corpus delicti. (People vs. Francis Valencia, G.R. No. 250610, July 10, 2023)

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Suite 405 Pine Valley Bldg. , Km. 4, Pico
La Trinidad
2601

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