The Law Office of Tagulao and Associates

Directions Website

The Law Office of Tagulao and Associates Corner Office Suite, 3/F, Rear Building, WOW World Complex, Subic Bay Freeport Zone, Olongapo City

Learn about eminent domain, your right to just compensation, and the legal protections available to property owners.
22/09/2026

Learn about eminent domain, your right to just compensation, and the legal protections available to property owners.

Imagine that Remy owns a parcel of land that has been in her family for many years. One day, she learns that the government plans to use a portion of her property for a public infrastructure project.

Read our latest article to learn more about notarization, validity, and the importance of proper ex*****on.
14/09/2026

Read our latest article to learn more about notarization, validity, and the importance of proper ex*****on.

Many assume that once a document is notarized, it automatically becomes valid and legally binding. That is not always the case. In the Philippines, notarization provides a document with certain legal and evidentiary adva...

14/09/2026

A mortgage is a common way of securing a loan using property as collateral. For example, a person may borrow money from a bank and use a house and lot as security for the payment of the loan. If the borrower fails to pay...

Before mortgaging property, know the three essentials under Article 2085 of the Civil Code of the Philippines: an obliga...
07/09/2026

Before mortgaging property, know the three essentials under Article 2085 of the Civil Code of the Philippines: an obligation, ownership, and authority to dispose of the property. Read more to learn what makes a mortgage valid.

A mortgage is a common way of securing a loan using property as collateral. For example, a person may borrow money from a bank and use a house and lot as security for the payment of the loan. If the borrower fails to pay...

A simple guide to the basic laws protecting spouses, parents, and children.
31/08/2026

A simple guide to the basic laws protecting spouses, parents, and children.

Family relationships are not governed by personal expectations alone. In the Philippines, the law provides rights and responsibilities for spouses, parents, and children. The 1987 Constitution recognizes the importance o...

What happens when the same property is sold to two different buyers?
25/08/2026

What happens when the same property is sold to two different buyers?

One common problem in property transactions in the Philippines is the double sale. This happens when one seller sells the same property to two different buyers. To prevent confusion and injustice, the law provides a clea...

24/08/2026

The Supreme Court (SC) has ruled that a bank cannot require a depositor to return money they already withdrew on the ground of unjust enrichment when the loss was caused by the bank’s own gross negligence.

In a Decision written by Associate Justice Japar B. Dimaampao, the SC’s Third Division denied the petition filed by BDO Unibank, Inc. (BDO), holding that the bank’s disregard of its own banking policy amounted to gross negligence.

The case stemmed from Cristina Barcellano’s (Barcellano) deposit of a regional check worth PHP 151,200 from an Albay branch of Landbank into her savings account at BDO’s Lucena City branch.

The BDO teller mistakenly validated the check as local instead of regional, allowing the amount to be credited after only three banking days instead of the required seven.

Believing the funds were available, Barcellano withdrew PHP 76,000. Shortly after, BDO received a stop payment order on the check and demanded that she return the money. Although Barcellano initially agreed, she never repaid the amount. BDO later refused to release the remaining balance and filed a criminal complaint for estafa.

Both the Regional Trial Court and the Court of Appeals acquitted Barcellano, finding no fraud, deceit, or abuse of confidence on her part and blamed BDO’s own negligence.

Before the SC, BDO asked for a review of the civil aspect of the case, arguing that despite Barcellano's acquittal, she should still be required to return the money. BDO argued that her refusal amounted to unjust enrichment and that since the funds were released due to its error in processing the check, Barcellano was required to return them based on the principle of 𝘴𝘰𝘭𝘶𝘵𝘪𝘰 𝘪𝘯𝘥𝘦𝘣𝘪𝘵𝘪, which requires the repayment of money received by mistake.

The SC disagreed, ruling that there was no unjust enrichment because BDO failed to prove that Barcellano knowingly received and retained a benefit to which she was not entitled.

SC declared that the bank did not explain why the stop payment order was issued or show that Barcellano knew the check would not be honored. Instead, the evidence showed that she withdrew the money in good faith after BDO itself made the funds available in her account.

The SC also ruled that BDO’s own gross negligence caused its loss. It found that the bank credited the check before it had properly cleared it, incorrectly treated a regional check as a local check, and failed to detect the error until after receiving the stop payment order. These lapses showed a failure to observe basic safeguards meant to protect the bank from the risks of invalid checks.

The SC also rejected BDO’s reliance on solutio indebiti. Although the doctrine generally requires the return of money received by mistake, it does not apply when the mistake resulted from the payor’s own gross negligence. Here, BDO’s error stemmed from its failure to exercise the extraordinary diligence and reasonable prudence required of banks.

Read the full text of the press release at https://sc.judiciary.gov.ph/?p=171657

Read the full text of the Decision at https://sc.judiciary.gov.ph/261264-bdo-unibank-inc-vs-cristina-barcellano-y-riego/

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

Sometimes, the best answer a lawyer can give is: “I don’t know yet. But let me understand the problem.”This review has a...
18/08/2026

Sometimes, the best answer a lawyer can give is: “I don’t know yet. But let me understand the problem.”

This review has a story behind it.

A couple came to our office with a problem involving their immigration to the United States.

I told them from the beginning that U.S. immigration law is not my field. Our immigration practice primarily deals with Philippine immigration, visas, and related matters.

I could have simply ended the consultation there.

But before sending them away, I asked them to tell me exactly what had happened.

We talked. We went through the facts. I asked questions, explored the available options, and tried to identify where the real problem was.

And somewhere along the way, we found a solution.

Ironically, I learned how to help them while I was helping them.

A few days later, they left us this review:

“The ONLY person that helped us with an immigration problem we were having.”

That one meant a lot.

Lawyers will never know the answer to every problem that walks through the door. Sometimes, our job is simply to be honest about what we don't know—and then be willing to do the work necessary to find out.

Thank you for trusting the Law Office of Tagulao and Associates. ⚖️

see our website to read the full review.

www.attytagulao.com

17/08/2026

OFFICE ANNOUNCEMENT

Please be advised that Law Office Tagulao & Associates will be CLOSED TODAY, August 17, 2026, due to inclement weather.

For consultation appointments and other inquiries, kindly send us a message through this page.

Thank you for your understanding. Please stay safe!

Most property developers don’t start as developers.They start as buyers—careful, curious, and trying to avoid costly mis...
25/04/2026

Most property developers don’t start as developers.

They start as buyers—careful, curious, and trying to avoid costly mistakes.

If you’re thinking about taking that next step—from buying property to actually developing one—there are a few legal realities you need to understand early. The difference between a successful project and a stalled one is often in the groundwork: due diligence, proper structuring, and regulatory compliance.

I wrote a short guide on how to make that transition properly—from acquisition to development, including key steps like securing a DHSUD License to Sell.

If you’re planning your first project or even just exploring the idea, this might give you a clearer direction.

Read here:

Most property developers don’t start as developers.

Address

Corner Office Suite, Rear Building, WOW World Complex, Rizal Highway, Subic Bay Freeport Zone
Olongapo
2222

Alerts

Be the first to know and let us send you an email when The Law Office of Tagulao and Associates posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Shortcuts

Share