Atty. G

14/01/2026

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07/01/2026

Welcome to the legal profession new lawyers! 🎉

JUST IN:

The Supreme Court has announced that a total of 5,594 examinees passed the 2025 Bar Examinations, held last September.

The complete list of passers and topnotchers has yet to be released. Bar examinees are advised to await the Supreme Court’s official publication later today, January 7.

Words by Grace Roque
Graphics by Zuleira Parra| thebarrister

07/01/2026

List of Successful Examinees for

19/12/2025

Have a great holiday ahead. Merry Christmas and a Prosperous New Year everyone! 🎄

13/12/2025

Commercial importation of second-hand clothing is prohibited in the Philippines under Republic Act No. 4653. Despite this prohibition, ukay-ukay remains widespread due to persistent smuggling and systemic corruption that allow illegal shipments to enter the country.

Ukay-ukay is not per se illegal. The law penalizes unauthorized importation of used clothing that violates customs, sanitary, and regulatory requirements. Ukay-ukay businesses that source locally, are duly registered, and comply with licensing and tax obligations operate within the bounds of the law.

The issue lies in the supply chain. Many imported second-hand garments enter through smuggling, misdeclaration, bribery, and tax evasion, which undermine fair competition and deprive the government of revenue.

This creates a legal and ethical gray area. Ukay-ukay supports affordable access to clothing and promotes sustainability, yet some purchases may indirectly sustain unlawful practices.

Whether buying ukay-ukay enables corruption ultimately depends on the source and the consumer’s awareness.

11/12/2025

📌Re: Macalinao v Macalinao, G.R. No. 250613

11/12/2025

📌 Re: Psychological incapacity as a ground for Nullity of Marriage

From the Bench and the Bookshelf: Insights of a Family Court Judge

FAQs on the Tan-Andal Ruling and Psychological Incapacity

1. What is the significance of the Tan-Andal ruling (G.R. No. 196359, May 11, 2021)?

The Tan-Andal ruling is a landmark Supreme Court decision that modified and liberalized the judicial interpretation of "psychological incapacity" under Article 36 of the Family Code. It effectively abandoned the restrictive requirements set by the 1997 Molina guidelines, making it more feasible to prove the nullity of a marriage without expert testimony.

2. Did Tan-Andal abolish the requirement of "Psychological Incapacity"?

No. Psychological incapacity remains the legal ground for the nullity of marriage under Article 36. The ruling merely changed the way this incapacity must be proven in court.

3. Is psychological incapacity considered a medical condition?

No. The Court clarified that psychological incapacity is a legal concept, not necessarily a medical diagnosis, mental incapacity, or personality disorder in the clinical sense. The focus is on the legal inability to fulfill essential marital obligations.

4. Is the testimony of a psychiatrist or psychologist still required?

No, expert testimony is no longer indispensable or mandatory. The Court ruled that psychological incapacity can be established by the totality of evidence presented by the petitioner. This evidence includes the testimony of lay witnesses (friends, family, etc.) and documentary evidence that detail the spouse's dysfunctional behavior.

5. If expert testimony isn't required, why would I still present an expert witness?

An expert witness's testimony is still highly instructive to the court. While lay witnesses can describe the dysfunctional behavior (e.g., irresponsibility, neglect), a qualified expert can:

* Analyze the Personality Structure: Connect the observed behaviors to a durable or enduring personality structure.

* Establish Legal Antecedence and Incurability: Help show that the root cause existed at the time of marriage and is persistent concerning the specific partner (legally "incurable").

6. What standard of proof is now required to declare a marriage null?

The petitioner must establish psychological incapacity by clear and convincing evidence. This is a higher standard than the "preponderance of evidence" used in ordinary civil cases, but lower than the "proof beyond reasonable doubt" required in criminal cases. It is a safeguard to respect the constitutional presumption of the validity of marriage.

7. What are the three essential characteristics of psychological incapacity retained by Tan-Andal?

Psychological incapacity, in the legal sense, must still be characterized by:

* Juridical Antecedence: The root cause of the incapacity must have existed at the time of the marriage celebration.

* Gravity: It must be a serious psychic cause, not just an occasional refusal or mild character peculiarity.

* Incurability: The incapacity must be so enduring and persistent with respect to the specific partner that it inevitably leads to the irreparable breakdown of the marriage.

11/12/2025

📌Re: Quitclaims

(LABOR LAW) JUSTICE SAMUEL H. GAERLAN PENNED CASE: Davantes v. C.F. Sharp Crew Management, G.R. No. 259609 (2024) [Per J. Gaerlan, Third Division]

Quitclaims are generally frowned upon for being contrary to public policy. Nevertheless, the Court has recognized some legitimate waivers that represent a voluntary and reasonable settlement of a worker's claim. In order for a deed of release, waiver or quitclaim pertaining to an existing right to be valid, it must meet the following requirements: (1) that there was no fraud or deceit or coercion on the part of any of the parties; (2) that the consideration for the quitclaim is sufficient and reasonable; and (3) that the contract is not contrary to law, public order, public policy, morals or good customs, or prejudicial to a third person with a right recognized by law.

06/12/2025

Important dates for 2025 bartakers to note:

📌 January 7 - Announcement of List of Successful Examinees
📌 February 6 - Oathtaking and Signing of the Roll of Attorneys

05/12/2025

Pantone Color of the Year 2026: Cloud Dancer

Cloud Dancer invites clarity in a year that seeks quiet confidence. This color creates space for honest intentions and steady choices. It reflects a calm shift toward simplicity in a world that often feels loud. It softens the environment without losing presence. It supports a mindset that values balance, purpose, and ease. 🤍

05/12/2025

from our 2026 Bar Chair AJ Gaerlan😊

To the 2026 Bar Aspirants:
.. "I am and will be with you every step in your journey. So – you
do not walk this path alone.
. I promise you an – a crucible worthy of your sacrifice, a proving ground to reveal the best of who you are.

Your time is NOW."

⚖️ SAMUEL H. GAERLAN
Associate Justice, Supreme Court of the Philippines
Chairperson, 2026 Bar Examinations

**-**-**

The examinations shall consist of twenty (20) straightforward, essay-type questions across all subjects, with a single question per number.

Answers shall be graded from zero percent (0%) to one hundred percent (100%), or five percent (5%) per question.

An examinee must obtain a general average of seventy-five percent (75%) in all subjects to successfully pass the 2026 Bar
Examinations.

The examination questions shall focus on critical thinking skills essential to legal practice and responsive to the modern demands of the legal profession.

The questions shall likewise integrate contemporary issues and technology-related legal matters. They are designed to test not only the examinees’ fundamental knowledge of the law and its practical application, but also to gauge their readiness to dispense justice, serve the people, and contribute to the nation.

Read more:

BAR BULLETIN No. 1
October 16, 2025, in the comment section