Iñosa Law

Iñosa Law We help individuals and businesses handle disputes properly, early, and strategically.

Family law, criminal law, labor & employment disputes, and special proceedings.

Ang chain of custody ay karaniwang naririnig sa mga kaso ng ilegal na droga. Ito ang proseso ng maayos na pagdodokumento...
08/06/2026

Ang chain of custody ay karaniwang naririnig sa mga kaso ng ilegal na droga. Ito ang proseso ng maayos na pagdodokumento kung sino ang humawak, nag-ingat, naglipat, at nagsuri ng ebidensya mula nang ito ay makuha hanggang sa maiharap sa korte.

Mahalaga ito:
✅ Para matiyak na ang ebidensya ay hindi napalitan, nadagdagan, o nabawasan.
✅ Para mapatunayan na ang ebidensyang ipinapakita sa korte ay siya ring ebidensyang nakuha sa insidente.
✅ Para mapanatili ang integridad at kredibilidad ng ebidensya.

Hindi sapat na may ebidensya. Kailangan ding mapatunayan na ito ay naingatan nang maayos mula simula hanggang dulo.

Para sa karagdagang impormasyon tungkol sa iyong mga legal na karapatan at mga proseso sa batas, sumangguni sa isang abogado.

Before there is a breach of rights, there is often a failure of conscience.
31/05/2026

Before there is a breach of rights, there is often a failure of conscience.

The Supreme Court reiterated that a co-owner must generally give written notice to the other co-owners before selling th...
29/05/2026

The Supreme Court reiterated that a co-owner must generally give written notice to the other co-owners before selling their share of a property to a third person.

In a Decision penned by Chief Justice Alexander G. Gesmundo, the Court’s First Division ruled, however, that written notice is no longer indispensable when the other co-owners already knew of the sale but failed to exercise their right of redemption within 30 days.

The case involved siblings who sought to redeem land in Aparri, Cagayan after their aunt sold her share to a third party. They argued that the sale should not bind them because they were never formally notified in writing.

The Supreme Court disagreed.

The Court found that the siblings were already aware of the sale, having been in actual possession of the land, informed of its subdivision survey, and later served with a court complaint filed by the buyer to recover possession.

Despite this knowledge, they waited more than six years before attempting to redeem the property.

Because of this prolonged inaction, the Court held that they were barred by laches and could no longer insist on the written notice requirement.

Read the full text of the Decision: https://sc.judiciary.gov.ph/259662-antonio-jr-and-rafael-azurin-vs-carlito-chua/

Before signing a lease for your office space, ensure you understand what you are agreeing to.Office leases are often lon...
25/05/2026

Before signing a lease for your office space, ensure you understand what you are agreeing to.

Office leases are often long-term commitments, and the details in the contract can significantly affect your business operations.

Pay close attention to key provisions such as:
• rent escalation clauses and how often increases apply
• who is responsible for repairs, maintenance, and improvements
• conditions for early termination and possible penalties
• renewal terms and notice requirements
• restrictions on use of the property

These terms may not seem urgent at the start, but they can directly impact your costs, flexibility, and ability to adapt your business in the future.

For proper review of your lease agreements, it is best to seek legal advice early.

25/05/2026

SUPREME COURT: UNILATERAL WORKDAYS REDUCTION AMOUNTS TO CONSTRUCTIVE DISMISSAL

The Supreme Court (SC) ruled that unilateral imposition of reduced workdays and a worker rotation scheme amounts to constructive dismissal.

In a 29-page ruling authored by Associate Justice Amy C. Lazaro-Javier, the SC En Banc found a textile manufacturing company liable for constructively dismissing seven of its workers after reducing their six-day workweek to only two to three days and implementing a work rotation plan without their consent.

Fiber Textile Manufacturing Corp. (FMC) hired the petitioners in 2017 as production workers. Initially working six days a week, their schedules were later reduced to only two to three days a week due to the company’s alleged lack of raw materials.

FMC claimed that they held a meeting with production supervisors and staff to discuss the shortage of raw materials and the implementation of a work rotation schedule. During the meeting, the workers reportedly agreed to the temporary work rotation plan.

The workers filed a complaint for constructive dismissal, claiming that they were effectively dismissed when they were told not to return to work.

The Labor Arbiter ruled in favor of the workers, but the National Labor Relations Commission and the Court of Appeals upheld FMC’s actions as a valid exercise of management prerogative.

The SC emphasized that while employers may adopt flexible work arrangements during economic difficulties or national emergencies, these arrangements must comply with the requirements set out in the Department of Labor and Employment (DOLE) Department Advisory No. 2, Series of 2009.

"We find that apart from its noncompliance with the notice requirement under DOLE Department Order No. 2, Series of 2009, FMC also failed to observe the other requisites for the valid adoption of flexible work arrangements, rendering FMC's implementation of rotation of workers' schedule and reduction of work days unlawful." the Supreme Court said.

It explained that employers must first consult affected employees and obtain the voluntary support of the majority of workers. Employers must also notify the DOLE before implementing the arrangement and prove that the company is suffering from actual or reasonably imminent economic difficulties.

In this case, the SC held that FMC failed to prove that the workers voluntarily agreed to the reduced workdays and worker rotation scheme. The Court ruled that informing employees of the arrangement does not equate to securing their consent.

FMC also failed to notify the DOLE before implementation and failed to prove that it was suffering from actual or imminent economic difficulties that would justify the reduction of workdays.

The SC emphasized that while employers may adopt flexible work arrangements to prevent business losses, such measures must be exercised in good faith and with due regard for workers' rights.

FMC’s unlawful reduction in workdays amounted to constructive dismissal because it resulted in reduced salaries, rendering continued employment unreasonable for the workers.

"Constructive dismissal occurs when there is cessation of work because continued employment is rendered impossible, unreasonable, or unlikely;
when there is a demotion in rank or diminution in pay or both; or when a clear discrimination, insensibility, or disdain by an employer becomes unbearable to the employee." the Supreme Court said.

It ordered the FMC to pay the workers full backwages, inclusive of allowances, and all other benefits accruing to them from the time of their dismissal up to the finality of the Decision, separation pay equivalent to one month pay for every year of service, and attorney's fees.

Separated from law and justice, power becomes dangerous.
24/05/2026

Separated from law and justice, power becomes dangerous.

The Supreme Court clarified that disputes arising from condominium sale contracts must be brought before the Human Settl...
22/05/2026

The Supreme Court clarified that disputes arising from condominium sale contracts must be brought before the Human Settlements Adjudication Commission (formerly HLURB), not the Regional Trial Court.

In a Decision penned by Associate Justice Henri Jean Paul B. Inting, the Court’s Third Division nullified an RTC ruling that ordered a condominium developer and buyer to comply with or refund payments under their contract to sell.

The case involved a Cebu condominium unit sold for PHP3.5 million. After the buyer failed to fully pay the purchase price, the developer refused to deliver the unit.

The buyer later filed a criminal complaint under Subdivision and Condominium Buyers’ Protective Decree. Although the RTC acquitted the developer, it still ruled on the parties’ civil obligations under the contract.

The Supreme Court held that this was improper.

According to the Court, while RTCs may decide civil liability connected to criminal cases, this does not apply when the dispute arises from contractual obligations between a condominium buyer and developer.

Under PD 957, such disputes fall under the exclusive jurisdiction of the HSAC.

The Court thus declared the RTC’s ruling on the civil aspect null and void for lack of jurisdiction.

Read the full text of the Decision: https://sc.judiciary.gov.ph/254543-vivien-m-cadungog-deceased-substituted-by-her-heirs-vienne-adrea-kim-cadungog-and-bien-andreu-cadungog-as-represented-by-elena-camay-and-jose-mari-cadungog-vs-sung-ha-jung/

A lessee recently sought advice after entering into a lease arrangement without a written contract, because the lessor “...
21/05/2026

A lessee recently sought advice after entering into a lease arrangement without a written contract, because the lessor “preferred not to have one.”

What started as a simple agreement based on trust eventually led to confusion on key terms, such as duration, rent adjustments, and responsibilities for repairs.

Without a written contract, even basic expectations become difficult to prove or enforce when disagreements arise.

Contracts are not created because parties expect conflict. They are created to ensure that when questions or issues do come up, there is a clear basis for resolving them.

In any lease or business arrangement, a written agreement is essential clarity.

For proper legal guidance before entering into agreements, reach out to a lawyer.

18/05/2026

The has clarified that the rules on modifying circumstances—factors that can lessen or increase penalties—apply in cases of reckless imprudence resulting in homicide involving a motor vehicle.

In a Decision written by Associate Justice Antonio T. Kho, Jr., the SC En Banc upheld Noli Z. Ilon’s (Ilon) conviction for reckless imprudence resulting in homicide, but reduced his sentence because he voluntarily surrendered to the police.

Under Article 365 of the Revised Penal Code (RPC), reckless imprudence is acting without intent to harm but still causing injury or death to another due to a clear lack of precaution. The SC emphasized that motorists are expected to drive at a reasonable speed suited to road and weather conditions, especially near intersections. In this case, Ilon admitted that he failed to slow down despite knowing he was approaching an intersection. He even increased his speed, leading him to hit the trisikad that caused Lee de la Cruz’s death.

The SC clarified that Ilon’s voluntary surrender should be appreciated as a mitigating circumstance that reduces his penalty. It explained that while Article 365 of the RPC generally allows trial courts to impose penalties without applying the rules on mitigating and aggravating circumstances under Article 64 of the RPC, this does not apply when reckless imprudence results in death involving a motor vehicle. In such cases, Article 64 must be followed.

The SC reviewed the amendments to Article 365—from Act No. 3992, or the Revised Motor Vehicle Law, passed in 1932, through Batas Pambansa Blg. 398 passed in 1983—and found that Congress consistently retained the clause excluding cases where death results from reckless imprudence involving motor vehicles from the usual discretion given to trial courts. This means that courts must apply Article 64 to determine the proper penalty.

The SC observed, however, an inconsistency: reckless imprudence resulting in homicide with the use of a motor vehicle may be mitigated, while those resulting in serious bodily injury or damage to property are left to the discretion of the trial courts. Finding this distinction unjust, the SC directed that copies of its Decision be furnished to the President, the Senate, and the House of Representatives, to alert its co-equal branches of this inconsistency and for possible legislative action.

Ilon was sentenced to up to two years and four months in prison and ordered to pay the heirs of de la Cruz PHP 629,883.45 in damages.

In his Concurring Opinion, Senior Associate Justice Marvic M.V.F. Leonen noted that piecemeal amendments to the RPC have led to inconsistencies in criminal law. He called for the consolidation of all criminal provisions into a single, unified code to ensure fairness, clarity, and the orderly administration of justice.

Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=166162

Read the full text of the Decision at https://sc.judiciary.gov.ph/260538-noli-z-ilon-vs-people-of-the-philippines/

Read the full text of the Concurring Opinion at https://sc.judiciary.gov.ph/260538-concurring-opinion-senior-associate-justice-marvic-m-v-f-leonen/

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

Before you invest in someone else’s business, do not rely on trust alone.Many investment disputes begin with good intent...
18/05/2026

Before you invest in someone else’s business, do not rely on trust alone.

Many investment disputes begin with good intentions, but without clear documentation, even well-meaning arrangements can become risky.

It is important to clearly define:
• the nature of your investment
• how returns or profits will be computed and released
• what control or rights you actually have in the business
• what happens if the business does not perform as expected
• how and when you can exit the arrangement

Without these, your “investment” may end up being difficult to enforce or recover.

Before you commit your money, make sure your rights are properly defined in writing.

For legal guidance on investments and business arrangements, consult a lawyer.

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