Beluan Law

20/08/2026

Pay on Ninoy Aquino Day

18/08/2026

Void marriage, although not judicially declared, and absent additional evidence of its validity, creates reasonable doubt.

The has acquitted a woman of bigamy, ruling that a prior marriage that was void from the beginning (𝘷𝘰𝘪𝘥 𝘢𝘣 𝘪𝘯𝘪𝘵𝘪𝘰) may be raised as a defense even without a prior judicial declaration of nullity.

In a Decision penned by Associate Justice Alfredo Benjamin S. Caguioa, the SC’s Third Division reversed the ruling of the Regional Trial Court (RTC) Pampanga and the Court of Appeals (CA), which had found Ma. Fe Imelda Lapira guilty of bigamy.

Lapira faced a bigamy charge under Article 349 of the 𝘙𝘦𝘷𝘪𝘴𝘦𝘥 𝘗𝘦𝘯𝘢𝘭 𝘊𝘰𝘥𝘦 for marrying Jimmy Fariscal while still married to Takahiko Sato as evidenced by a marriage certificate from the Office of the Civil Registrar General.

During trial, Lapira argued that her marriage to Sato was void because no ceremony took place and no marriage license had been issued, both of which were required for validity. The Local Civil Registrar confirmed that there was no record of the application for a marriage license for Lapira and Sato.

In acquitting Lapira, the SC applied its ruling in the 2021 case of 𝘗𝘶𝘭𝘪𝘥𝘰 𝘷. 𝘗𝘦𝘰𝘱𝘭𝘦, which held that an accused in a bigamy case may directly argue that a previous marriage is void as a defense, even without a prior court declaration.

The SC explained that one of the essential elements of bigamy is the existence of a valid prior marriage. If the first marriage was void from the beginning, that element is absent.

In this case, the certification from the Local Civil Registrar sufficiently proved that no marriage license was issued to Lapira and Sato. This certification was enough to counter the presumption of the marriage certificate’s validity.

Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=171178.

Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=165698.

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

11/08/2026

“Under Article 294 of the Labor Code, illegally dismissed employees are entitled to full backwages and other benefits. The SC explained that they are considered to have remained employed during the period covered by their backwages and are therefore entitled to the rights and benefits that would have accrued during that period.”

The has ruled that employees who are illegally dismissed are entitled not only to full backwages but also to the remittance of their Social Security System (SSS) contributions.

In a Decision written by Associate Justice Maria Filomena D. Singh, the SC’s Third Division held that an employer’s obligation to remit SSS contributions continues during the period covered by an employee’s illegal dismissal.

The case involved four employees of Lopez Sugar Corporation (LSC) who were illegally dismissed. LSC was ordered to reinstate them to their former positions and pay them full backwages. After the ruling became final, the employees asked LSC to remit their SSS contributions for the period covered by their backwages so they could qualify for retirement benefits.

LSC refused, arguing that under the 𝘚𝘰𝘤𝘪𝘢𝘭 𝘚𝘦𝘤𝘶𝘳𝘪𝘵𝘺 𝘈𝘤𝘵 𝘰𝘧 1997, its obligation to pay SSS contributions ended upon the employees’ separation from employment, regardless of whether their dismissal was legal or illegal.

The Social Security Commission (SSC) rejected LSC’s position and ordered it to pay the contributions. The SSC ruled that because the employees were illegally dismissed, the employer-employee relationship was deemed to have continued during the period they were prevented from working.

Holding that LSC remained obligated to remit the employees’ SSS contributions for the period covered by their backwages, the SC stated that under Article 294 of the 𝘓𝘢𝘣𝘰𝘳 𝘊𝘰𝘥𝘦, illegally dismissed employees are entitled to full backwages and other benefits.

The SC explained that such employees are considered to have remained employed during the period covered by their backwages and are therefore entitled to the rights and benefits that would have accrued during that period.

Since LSC failed to remit the illegally dismissed employees’ social security contributions, the SC held that LSC is liable to pay a penalty thereon of three percent per month, reckoned from the date they became due until full payment.

Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=170676.

Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=165713.

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

04/08/2026

“While recognizing that combating illegal fishing and protecting the country’s marine resources are legitimate and compelling State interests, the SC emphasized that these objectives cannot justify measures that unnecessarily infringe constitutional rights, particularly when the same goals may be achieved through lawful and less restrictive means.”

The (SC) has declared unconstitutional the Department of Agriculture’s (DA) directive to commercial Philippine-flagged fishing vessels to be tracked and monitored, and to report and send fisheries data, as it violates rights against unreasonable searches, seizures, due process, and equal protection under the law.

In a Decision written by Associate Justice Maria Filomena D. Singh, the SC 𝘌𝘯 𝘉𝘢𝘯𝘤 dismissed the petition filed by the Republic of the Philippines, represented by the DA and the Bureau of Fisheries and Aquatic Resources (BFAR), and upheld the ruling of the Regional Trial Court (RTC) declaring Fisheries Administrative Order (FAO) No. 266 unconstitutional for failing to pass the rational basis test.

In 2020, the DA, through the BFAR, issued FAO No. 266 requiring all commercial Philippine-flagged fishing vessels to adopt Vessel Monitoring Measures (VMM). These measures include a Vessel Monitoring System (VMS) to track and monitor vessels, and an Electronic Reporting System (ERS) to record and transmit fisheries data. FAO No. 266 also mandated the securing of Maritime Mobile Service Identity numbers from the National Telecommunications Commission.

Royale Fishing Corporation, Bonanza Fishing and Market Resources, Inc., and RBL Fishing Corporation (Royale Fishing et al.), operators of Philippine commercial fishing vessels, challenged FAO No. 266 before the RTC through a petition for declaratory relief. They argued that the continuous monitoring requirements violated their constitutional rights, exposed confidential business information and trade secrets, and denied them equal protection because only commercial fishing vessels were required to comply, even though the Fisheries Code also covers municipal and distant-water fishing vessels.

The SC upheld the RTC’s ruling that FAO No. 266 is unconstitutional.

It explained that courts apply different standards in reviewing government regulations. While stricter standards apply to regulations affecting fundamental rights and certain classifications, the rational basis test applies to cases that do not fall under those standards.

Under this test, the government must show a legitimate interest and a reasonable connection between that interest and the methods used. The SC found the Republic failed this because it did not adequately prove that the VMS and ERS requirements were reasonably connected to preventing illegal, unreported, and unregulated (IUU) fishing.

In particular, the SC found that the VMS was not effective in detecting IUU fishing violations other than fishing within protected or restricted areas. It also noted that the expected output from VMS is no longer different from existing reporting requirements already being complied by the fishing vessels.

The SC likewise ruled that FAO No. 266 authorized monitoring beyond what RA 8550, as amended, allows. The Fisheries Code defines “monitoring” as the continuous observation of fishing effort, expressed through factors such as “number of days or hours of fishing, characteristics of fishery resources, and resource yields.”

According to the SC, this definition does not extend to the continuous tracking of the locations or destinations of commercial fishing vessels. It emphasized that RA 10654 does not require operators to disclose their location 24/7, recognizing that fishing grounds constitute proprietary business information.

While recognizing that combating illegal fishing and protecting the country’s marine resources are legitimate and compelling State interests, the SC emphasized that these objectives cannot justify measures that unnecessarily infringe constitutional rights, particularly when the same goals may be achieved through lawful and less restrictive means.

Read the full text of the press release at https://sc.judiciary.gov.ph/?p=170021

Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=169871

Read the Dissenting Opinion of Senior Associate Justice Marvic M.V.F. Leonen at https://sc.judiciary.gov.ph/?p=169872

Read the Separate Opinion of Justice Alfredo Benjamin S. Caguioa at https://sc.judiciary.gov.ph/?p=169884

Read the Separate Concurring Opinion of Justice Ramon Paul L. Hernando https://sc.judiciary.gov.ph/?p=169898

Read the Separate Concurring Opinion of Justice Jhosep Y. Lopez at https://sc.judiciary.gov.ph/?p=169910

Read the Concurrence and Dissent of Justice Amy C. Lazaro-Javier at https://sc.judiciary.gov.ph/?p=169918

Read the Concurring and Dissenting Opinion of Justice Henri Jean Paul B. Inting at https://sc.judiciary.gov.ph/?p=169926

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

28/07/2026

A Deed of Sale may be corrected to reflect the true agreement of the parties.

The (SC) has ruled that a sale of land remains valid even if the deed of sale designates a different lot number from what was actually sold, as long as the parties’ true agreement can be clearly shown. The deed may then be corrected to match what the parties actually agreed to.

In a Decision written by Associate Justice Henri Jean Paul B. Inting, the SC’s Third Division upheld the sale of a 491-square-meter parcel of land in Cebu City between buyers Genara and Felipe Abay, Sr. (the Abays) and sellers Crispin Caballes and the heirs of Trinidad Caballes-Gallardo (the Gallardos), despite the mistake in the designation of the lot number in the deed of sale.

The property formed part of the estate of Margarita Lopez, who had nine children, including Crispin and Trinidad.

The Abays visited the site with Crispin and Tomas Gallardo, one of Trinidad’s heirs before buying the property. During the visit, they were showed them the land’s boundaries. Tomas even helped the Abays build a concrete fence around it.

The Abays openly occupied the property for about 20 years until their possession was disrupted when workers of spouses Jacinto and Chiok Ngo Lim Young (the Youngs), who are claiming ownership over the property, entered it, destroyed the fence, and built their own posts.

The Abays discovered that a title over the property had been issued in the Youngs’ name. This prompted them to file a complaint before the Regional Trial Court (RTC) to cancel the title.

The Gallardos challenged this, arguing that the documents the Abays presented referred to a different lot, Lot No. 6036-B, and not the lot they were occupying, which was Lot No. 7. While both lots were located in the same area, they were separate properties and were not beside each other. The Youngs supported the Gallardos’ position and maintained that they were buyers in good faith.

The RTC ruled in favor of the Abays which ruling was reversed by the Court of Appeals (CA). The CA held that the documents presented by the Abays showed that they purchased Lot No. 6036-B and not Lot No. 7, which they claimed to own and possess.

The SC disagreed and reiterated its pronouncements in previous cases upholding the validity of the sale and allowing the correction of a contract to reflect the parties’ true agreement in instances where the deed of sale failed to accurately describe the land intended by the parties.

The SC stressed that a person buys property based on what they see on the ground, such as its boundaries, landmarks, and improvements, and not by its technical lot number. Ordinary buyers cannot be expected to identify property based only on survey descriptions or legal documents.

Under the 𝘊𝘪𝘷𝘪𝘭 𝘊𝘰𝘥𝘦, a written document may be corrected when, because of a mistake, it does not express the parties’ actual agreement.

The SC explained that a contract may be reformed or corrected if: (1) the parties agreed on the transaction; (2) the written document does not express their true agreement; and (3) the error was caused by a mistake, fraud, accident, or unfair conduct.

In this case, all these requirements were present.

Thus, the Court declared deemed reformed the Deeds of Sale and Extrajudicial Settlement and Sale by changing the designation of the property sold from “Lot No. 6036-B” to “Lot 7” and the Abays as absolute owners of such property.

Read the full text of the press release at https://sc.judiciary.gov.ph/?p=169523

Read the full text of the Decision at https://sc.judiciary.gov.ph/266298-spouses-genera-and-felipe-abay-sr-et-al-vs-spouses-jacinto-s-young-et-al/

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

22/07/2026

Actual payment of ransom money is not important.

The (SC) has reiterated that the loss or non-presentation of ransom money in court does not prevent a conviction for kidnapping for ransom, so long as the prosecution is able to prove that ransom was demanded for the victim’s release.

In a Decision written by Associate Justice Ricardo R. Rosario, the SC’s First Division affirmed the conviction of Jose Olbato, PO3 Clayton Patingan, and others (the accused), except for SPO4 Romeo Ayson who died during the pendency of the appeal, for kidnapping for ransom.

PO3 Patingan and SPO4 Ayson flagged Genevieve Ong Sy (Sy) while she was on board her car and, together with the other accused, forcibly took her and detained her in a house. They demanded PHP 50 million from her father in exchange for her release. After negotiations, the amount was reduced to PHP 500,000.

Acting under police surveillance, Sy’s family driver delivered marked ransom money to the accused. The police then rescued Sy, arrested the accused, and recovered the marked money.

The Regional Trial Court found that the accused worked together to kidnap and detain Sy for ransom. It rejected their defenses of denial and alibi. The Court of Appeals affirmed the conviction.

Before the SC, the accused argued that their guilt had not been proven beyond reasonable doubt because the prosecution failed to present the ransom money in court after it was allegedly lost while in police custody.

The SC disagreed and explained that kidnapping for ransom is committed when a private individual illegally kidnaps, detains, or deprives another of liberty for the purpose of demanding ransom.

The SC stressed that actual payment or receipt of the ransom money is not important to prove the crime.

In this case, the SC found that the prosecution proved that ransom was demanded, negotiated, and delivered. Sy’s father testified that the kidnappers called him repeatedly, demanding PHP 50 million for his daughter’s release, later reducing the amount to PHP 500,000 after negotiations. Evidence also showed that the ransom money was delivered and received during the police operation.

The SC emphasized that the failure to present the ransom money in court did not disprove that ransom had been demanded and paid since the evidence clearly established both.

The accused were sentenced to 𝘳𝘦𝘤𝘭𝘶𝘴𝘪𝘰𝘯 𝘱𝘦𝘳𝘱𝘦𝘵𝘶𝘢 or up to 40 years in prison. They were also ordered to pay the victim PHP 300,000 in civil indemnity and damages.

Read the full text of the press release at https://sc.judiciary.gov.ph/?p=169311

Read the full text of the Decision at https://sc.judiciary.gov.ph/276833-people-of-the-philippines-vs-jose-olbato-y-aurella-et-al/

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

16/07/2026

BSKE is on November 2, 2026

𝐁𝐒𝐊𝐄𝟐𝟎𝟐𝟔𝐆𝐀𝐁𝐀𝐘

Kailan nga ba ang susunod na Barangay at SK Elections (BSKE)?

Alinsunod sa Republic Act No. 12232, ang BSKE ay sa unang Lunes ng Nobyembre o sa November 2, 2026.

08/07/2026

TIWALA NG BAYAN, RESPONSIBILIDAD NG OPISYAL: ALAMIN ANG IMPEACHMENT

"May laban ba ang karaniwang mamamayan kapag lumabag sa batas ang mga matataas na opisyal ng gobyerno? Paano sila mapananagot?"

Ang sagot ayon sa Saligang Batas: impeachment.
Sa infograpiko na ito ng UPS-MCO, alamin ang proseso at kasaysayan ng impeachment sa Pilipinas bilang isang mekanismong pulitikal na nagbibigay kapangyarihan sa taumbayan na tanggalin sa puwesto ang mga opisyal ng pamahalaang napatunayang lumabag sa batas at sa tiwala ng publiko.

30/06/2026

In abandonment, the employee intends to end his or her employer-employee relationship.

The (SC) has reiterated that an employee's absence from work, by itself, is not enough to prove abandonment or justify dismissal.

In a Decision written by Associate Justice Maria Filomena D. Singh, the SC’s Third Division found Green Era Biotech Corp. (Green Era Biotech) and Great Value Management and Services Corporation (Great Value) guilty of illegally dismissing production utility worker Alvin G. Carpio (Carpio).

Carpio claimed he was originally hired by Green Era Biotech but was later transferred to its manpower service provider, Great Value. After he was absent from work at Green Era Biotech for eight straight days due to illness, Great Value issued him a notice to explain. He was warned that another similar violation would lead to an absence without leave (AWOL) notice.

Carpio was later absent from work for another nine consecutive days. Great Value issued him an AWOL notice, stating that his continued absences were considered serious misconduct and abandonment of work.

He later took another leave with his supervisor’s permission. However, when he returned to work the next day, he was barred from entering the workplace. A few days later, Carpio was informed he had been declared AWOL.

Carpio filed a complaint for illegal dismissal.

Ruling that Carpio was illegally dismissed, the SC reiterated that abandonment, or the deliberate and unjustified refusal of an employee to resume his work, requires proof of two elements: (1) the employee was absent without a valid reason; and (2) the employee clearly intended to end the employer-employee relationship.

Of these, the second element is more important and must be shown through the employee’s actions. Since abandonment is a ground for dismissal, the employer bears the burden of proving both elements.

In this case, although Carpio’s absences were unauthorized, the SC found no evidence that he intended to abandon his job. Instead, he tried to return to work and immediately challenged his dismissal by filing a complaint.

The SC ordered Carpio’s reinstatement but ruled that he was not entitled to backwages because his dismissal was made in good faith based on his unauthorized absences. If reinstatement is no longer possible, the companies must instead pay him separation pay.

Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=168002.

Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=165378.

Read the full text of Associate Justice Japar B. Dimaampao’s Dissenting Opinion at https://sc.judiciary.gov.ph/?p=165383.

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

24/06/2026

Secondary beneficiaries are entitled to survivorship benefits of deceased members with 3 to 15 years of service.

The (SC) has ruled that the Government Service Insurance System (GSIS) exceeded its authority when it issued a rule that excluded secondary beneficiaries from receiving survivorship benefits of deceased members who had at least three but less than 15 years of service.

In a Decision written by Associate Justice Henri Jean Paul B. Inting, the SC’s Third Division declared Section 24.2.2 of the 𝘙𝘦𝘷𝘪𝘴𝘦𝘥 𝘐𝘮𝘱𝘭𝘦𝘮𝘦𝘯𝘵𝘪𝘯𝘨 𝘙𝘶𝘭𝘦𝘴 𝘢𝘯𝘥 𝘙𝘦𝘨𝘶𝘭𝘢𝘵𝘪𝘰𝘯𝘴 (𝘐𝘙𝘙) of Republic Act No. 8291, or 𝘛𝘩𝘦 𝘎𝘰𝘷𝘦𝘳𝘯𝘮𝘦𝘯𝘵 𝘚𝘦𝘳𝘷𝘪𝘤𝘦 𝘐𝘯𝘴𝘶𝘳𝘢𝘯𝘤𝘦 𝘈𝘤𝘵 𝘰𝘧 1997 (𝘎𝘚𝘐𝘚 𝘈𝘤𝘵), 𝘶𝘭𝘵𝘳𝘢 𝘷𝘪𝘳𝘦𝘴 or beyond the GSIS’ rule-making authority.

As a result, the GSIS is barred from enforcing the provision to the extent that it conflicts with Section 21(c) of the law.

The case arose from the application of Petronilo B. Laroco (Laroco) for survivorship benefits following the death of his daughter, Cristie. She was a public school teacher with 13 years of government service and had paid GSIS premiums for 12 years. She died single and had no children.

The GSIS rejected the application. Under Section 24.2 of the IRR, Laroco was ineligible for survivorship benefits because he was not a primary beneficiary.

The GSIS held that secondary beneficiaries qualify for survivorship only if the deceased member had served at least 15 years in the government. Since Cristie had only 13 years of service, only her primary beneficiaries—such as her spouse or children—were entitled to survivorship benefits.

Ruling in Laroco’s favor, the SC pointed out that Section 24.2.2 of the IRR conflicts with the law because it adds a new requirement—limiting survivorship benefits for secondary beneficiaries only to cases where the deceased member served at least 15 years.

Under the 𝘎𝘚𝘐𝘚 𝘈𝘤𝘵, a secondary beneficiary is entitled to survivorship benefits if: (1) there is no primary beneficiary; (2) the secondary beneficiary meets the dependency requisites under the law; (3) the member was in government service at the time of their death; and (4) the member has rendered at least three years of service.

The SC stressed that although the GSIS had good intentions to address the “unequal situation” under the law, it cannot simply change the 𝘎𝘚𝘐𝘚 𝘈𝘤𝘵 through a mere administrative issuance.

The three-year government service requirement for survivorship benefit under Section 21 might be, as argued by the GSIS, unfair and disadvantageous to other members who are required to render at least 15 years of service before qualifying for pension, but this is what is provided in the law.

The SC remanded the case to the GSIS Committee on Claims for the computation of the benefits payable to Laroco.

Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=167839.

Read the full text of the Decision at http://sc.judiciary.gov.ph/?p=165811.

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