Batocabe and Partners Law Offices

07/12/2025

DSWD Academy: Pagyabong ng Serbisyo Para sa Ating mga Social Workers!

Buong siglang ibinahagi ni Atty. Justin Caesar Anthony Batocabe, Director IV ng DSWD Academy, ang layunin ng Kagawaran na higit pang palakasin at pagyamanin ang kakayahan ng ating mga social workers at community development workers. Aniya, ang dedikasyon ni Secretary REX Gatchalian ay nakatuon sa pagpapalago ng propesyon, at nais nitong maging bukas sa mas malawak na larangan ng “social welfare diplomacy.”

Sa ganitong paraan, hindi lamang napapalakas ang kakayahan at propesyonalismo ng ating workforce, kundi nagiging instrumento rin ang kanilang serbisyo sa pagtataguyod ng malasakit at pagtutulungan sa mas malawak na komunidad.

Pinapakita nito na ang dedikasyon sa kapwa ay maaring maghatid ng positibong epekto sa buong bansa habang isinusulong ang isang makabuluhang paningin sa social welfare workforce.

❤️

20/10/2025

Can an establishment legally refuse to grant benefits to a (Persons with disability) PWD ID holder if their name is not found in the PWD database/ registry?

Pedro, having been diagnosed with a disability, formally registered with the Persons with Disability Affairs Office (PDAO) in his area of residence. A PWD Identification Card (ID) was then issued to him.

When Pedro dined at a restaurant, he presented his PWD ID to the staff upon requesting the bill. However, the staff refused to grant him the discount stating that it is the establishment's policy to verify the legitimacy of PWD IDs through the national PWD database/registry. Since his name could not be found in the registry, the restaurant declined the request. Was the refusal of the restaurant justified?

No. A PWD is entitled to enjoy the benefits and privileges available to him/her under the law upon presentation of his/her PWD ID. Verification of a PWD ID card is not a requirement before the benefits and privileges are granted.

(Republic Act No. 10754 and its Implementing Rules and Regulations; Please see DOJ Opinion No. 04 s. 2025)

14/10/2025

What is a project employee?

They are workers whose employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of their engagement. (Art. 295, Labor Code)

What is a project?

In the realm of business and industry, we note that "project" could refer to one or the other of at least [two] distinguishable types of activities. Firstly, a project could refer to a particular job or undertaking that is within the regular or usual business of the employer company, but which is distinct and separate, and identifiable as such, from the other undertakings of the company. Such job or undertaking begins and ends at determined or determinable times. x x x

The term "project" could also refer to, secondly, a particular job or undertaking that is not within the regular business of the corporation. Such a job or undertaking must also be identifiably separate and distinct from the ordinary or regular business operations of the employer.

(ALU-TUCP v. National Labor Relations Commission [1994], as cited in Macalino et al v. Coca-Cola [2025]).

09/10/2025

Congratulations, DSWD Academy Director, Atty. Justin Caesar Anthony D. Batocabe!

Your DSWD Academy family proudly celebrates your conferment of the Career Executive Service (CES) Eligibility under Resolution No. 1809 by the Career Executive Service Board (CESB).

Your success inspires us all to continue striving for growth, competence, and compassion in serving the Filipino people.

Mabuhay ang mga lingkod-bayan na tunay na may puso para sa serbisyo publiko! 🇵🇭

08/10/2025

OFFICIAL STATEMENT

E-Commerce Promotion Council of the Philippines (ECPC)

The E-Commerce Promotion Council of the Philippines (ECPC) acknowledges the recent statement issued by the Department of Trade and Industry (DTI) – E-Commerce Bureau regarding its clarification on institutional affiliation.

For the record, the ECPC is a multi-stakeholder council composed of representatives from various sectors of the digital economy — including online sellers, MSMEs, digital platforms, private organizations, and e-commerce advocates — working collectively to advance the growth, trust, and sustainability of Philippine e-commerce.

While ECPC operates independently from the DTI, our objectives are fully aligned with the national vision of Republic Act 11967, or the Internet Transactions Act of 2023 (ITA 2023) — to promote a fair, transparent, and trusted digital marketplace.

The Council remains committed to dialogue, collaboration, and partnership with all government agencies, private institutions, and industry players in shaping inclusive, innovation-driven, and pro-MSME e-commerce policies and programs.

Our work continues to focus on:
• Empowering online sellers and MSMEs through education, digitalization, and compliance awareness;
• Fostering consumer trust and protection through ethical standards and self-regulation; and
• Building a united e-commerce ecosystem where every Filipino digital entrepreneur can thrive.

The ECPC reiterates its readiness to work hand-in-hand with all stakeholders to realize the vision of a globally competitive and resilient Philippine digital economy.

29/09/2025

Can the RTC rule on disputes involving contractual obligations between buyer and developer?

Pedro, a developer, sold a condo unit to Mario for ₱3 million. Under the contract, delivery of the unit will be made upon full payment of the purchase price.

Mario made a downpayment of ₱200,000.00, and several payments totaling ₱2 million, leaving a balance of ₱800,000.00. Because of the unpaid balance, Pedro refused the deliver the unit to Mario.

Mario filed a criminal case against Pedro for violation of PD 957, the Condominium Buyers' Decree before the RTC. The RTC acquitted Pedro, but ordered him to either deliver the unit upon full payment or return the money already paid. Was the RTC correct?

No. A trial court may determine civil liability in this case, but only that which arises from the crime. It does not have jurisdiction over contractual obligations between the parties, as in this case. The entity with jurisdiction over the matter is the Human Settlements Adjudication Commission (HSAC).

(Cadungog v. Sung, G.R. No. 254543, April 2, 2025)

Image generated by Meta AI

25/09/2025

Congratulations to our Managing Partner Atty. Ymil Rjiv D. Matba on his appointment as the General Counsel of the E-Commerce Council!

The E-Commerce Council is a private-sector-led organization that supports local online sellers and businesses through programs that promote sustainable development, inclusive policies, and industry self-governance, representing the private sector's voice in the digital economy.

The Firm is confident that your expertise will be a positive impact to the council and e-commerce policy in the country.

10/07/2025

Happy 28th anniversary to the firm!

10/06/2025

NEW APPOINTMENT: Court Administrator Raul Bautista Villanueva is the 195th Associate Justice of the . He will take his oath of office before Chief Justice Alexander G. Gesmundo this afternoon.
Justice Villanueva, who hails from Region I, is the first Supreme Court appointee of President Ferdinand R. Marcos Jr., succeeding Hon. Mario V. Lopez, who retired on June 4, 2025.

Source: SC Public Information Office
Originally published by the Supreme Court Public Information Office.

NEW APPOINTMENT: Court Administrator Raul Bautista Villanueva is the 195th Associate Justice of the . He will take his oath of office before Chief Justice Alexander G. Gesmundo this afternoon.

Justice Villanueva, who hails from Region I, is the first Supreme Court appointee of President Ferdinand R. Marcos Jr., succeeding Hon. Mario V. Lopez, who retired on June 4, 2025.

04/06/2025

"The Supreme Court (SC) has ruled that in drug cases, prosecutors must raise all their objections when an accused offers to plead guilty to a lesser crime. Any objections not raised are considered waived."

The Supreme Court (SC) has ruled that in drug cases, prosecutors must raise all their objections when an accused offers to plead guilty to a lesser crime. Any objections not raised are considered waived.

In a Decision written by Associate Justice Japar B. Dimaampao, the SC 𝘌𝘯 𝘉𝘢𝘯𝘤 reinstated the Regional Trial Court’s (RTC) ruling that found Rodulfo Ferraren Aquino (Aquino) guilty of illegal possession of drug paraphernalia under Section 12 of R.A. No. 9165, or the 𝘊𝘰𝘮𝘱𝘳𝘦𝘩𝘦𝘯𝘴𝘪𝘷𝘦 𝘋𝘢𝘯𝘨𝘦𝘳𝘰𝘶𝘴 𝘋𝘳𝘶𝘨𝘴 𝘈𝘤𝘵 𝘰𝘧 2002.

The SC also updated its 𝘊𝘭𝘢𝘳𝘪𝘧𝘪𝘤𝘢𝘵𝘰𝘳𝘺 𝘎𝘶𝘪𝘥𝘦𝘭𝘪𝘯𝘦𝘴 𝘰𝘯 𝘗𝘭𝘦𝘢-𝘉𝘢𝘳𝘨𝘢𝘪𝘯𝘪𝘯𝘨 𝘪𝘯 𝘋𝘳𝘶𝘨𝘴 𝘊𝘢𝘴𝘦𝘴 as set forth in the 2022 case of 𝘗𝘦𝘰𝘱𝘭𝘦 𝘷. 𝘔𝘰𝘯𝘵𝘪𝘦𝘳𝘳𝘰, by adding the following guidelines:

1. If the prosecution objects to a plea bargaining motion but cites only some possible grounds, any other ground not raised is considered waived.

2. If the prosecution raises several objections, but the trial court addresses only one, the appellate court or the SC shall direct the trial court to resolve the remaining issues based on the Montierro guidelines and this case.

3. If the records before the appellate court or the SC are incomplete and it is unclear whether either of the above scenarios applies, the trial court shall be directed to rule again on the matter, applying the principles in 𝘔𝘰𝘯𝘵𝘪𝘦𝘳𝘳𝘰 and this case.

Aquino was charged with selling and possessing shabu. He asked the RTC to allow him to plead guilty to a lesser crime, illegal possession of drug paraphernalia, for both charges. The prosecution agreed to the plea bargain for the possession charge but objected to the plea for the drug sale charge, saying it violated Department of Justice (DOJ) rules. The RTC, however, granted Aquino’s plea.

The SC, agreeing with the RTC, reiterated the 𝘔𝘰𝘯𝘵𝘪𝘦𝘳𝘳𝘰 ruling that courts may reject the prosecution’s objection to a plea bargain in drug cases if the only reason for the objection is that the plea violates rules, provided the plea follows the SC’s official plea bargaining framework.

However, the SC also clarified that courts do not have unlimited authority and cannot reject the prosecution’s objection if it is based on valid grounds, such as if the accused is not qualified for plea bargaining, or if the plea does not follow the SC’s approved guidelines.

Read the full text of the Press Release at https://tinyurl.com/y627x9fk.

Read the full text of the Decision at https://tinyurl.com/4pcu6ke3.

Read the Concurring Opinion of Associate Justice Henri Jean Paul B. Inting at https://tinyurl.com/5898sb24.

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

20/05/2025

The Supreme Court PH rules that there is no copyright violation in ringtone previews. Click the link for more.

Source: SC Public Information Office

Originally published by the Supreme Court Public Information Office.

The (SC) has ruled that letting customers listen to a short 20-second sample of a ringtone before buying it does not violate copyright laws.

In a Decision written by Associate Justice Mario V. Lopez, the SC 𝘌𝘯 𝘉𝘢𝘯𝘤 upheld the ruling of the Regional Trial Court (RTC) that dismissed the complaint of the Filipino Society of Composers and Publishers (FILSCAP) against Wolfpac Communications, Inc. (Wolfpac) for copyright infringement and damages.

Wolfpac develops mobile phone apps and distributes them through partner networks such as Smart Communications, Inc.

FILSCAP, which collects royalties for songwriters and composers, objected to a Smart newspaper ad that allowed customers to preview ringback tones online before purchasing. FILSCAP claimed this required a license and payment of royalties.

The RTC ruled in Wolfpac’s favor, saying that the 20-second ringtone preview did not count as public performance. It also said the preview was allowed under the 𝘧𝘢𝘪𝘳 𝘶𝘴𝘦 𝘥𝘰𝘤𝘵𝘳𝘪𝘯𝘦, which permits limited use of copyrighted material without needing the owner’s permission.

Agreeing with the RTC, the SC held that copyright is violated when someone uses a protected work without permission in ways that go against the owner’s rights, such as performing, copying, or distributing it for profit. However, the 𝘐𝘯𝘵𝘦𝘭𝘭𝘦𝘤𝘵𝘶𝘢𝘭 𝘗𝘳𝘰𝘱𝘦𝘳𝘵𝘺 𝘊𝘰𝘥𝘦 allows certain exceptions, including private performance done for free or use of the work for teaching, information, charity, or religious purposes.

There is also no copyright infringement if the use qualifies as fair use. This is determined by looking at the purpose and character of the use; the nature of the work; how much of the work is used; and the effect of the use on the value of the work.

In this case, the SC found that Wolfpac’s agreements with the composers did not specifically cover the use of song samples for previews. However, it ruled there was no copyright infringement because the previews qualified as fair use.

Read the full text of the Press Release at https://tinyurl.com/2fj325s3.

Read the full text of the Decision at https://tinyurl.com/yepu9knx.

Read the Separate Concurring Opinion of Senior Associate Justice Marvic M.V.F. Leonen at https://tinyurl.com/4ssdecbf.

Read the Concurring Opinion of Associate Justice Alfredo Benjamin S. Caguioa at https://tinyurl.com/mryxtbs8.

Read the Concurrence and Dissent of Associate Justice Amy C. Lazaro-Javier at https://tinyurl.com/35a934ac.

Read the Separate Concurring and Dissenting Opinion of Associate Justice Rodil V. Zalameda at https://tinyurl.com/4ewhewft/

Read the Separate Concurring Opinion of Associate Justice Japar B. Dimaampao at https://tinyurl.com/2a4vey4y.

Read the Separate Concurring and Dissenting Opinion of Associate Justice Maria Filomena D. Singh at https://tinyurl.com/5ffnm7wj.

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

24/04/2025

Barangays can hold bingo games as fund-raising projects without need to secure permits from PAGCOR.

The (SC) En Banc, during its April 22, 2025 session, voting 11-4, upheld the right of three barangays in Baguio City to hold bingo games as fundraising projects without needing permits from the Philippine Amusement and Gaming Corporation (PAGCOR) or any national or local government office or agency.

These barangays are:
- Trancoville
- Military Cut-Off
- Outlook Drive

The SC highlighted that barangays have local autonomy under the Constitution, allowing them to run activities that benefit their communities and raise funds, as long as these are lawful.

It added that PAGCOR’s Charter, as amended by Republic Act No. 9487, states that games managed by local government units are not covered by PAGCOR’s rules.

Read the full text of the press briefer at https://sc.judiciary.gov.ph/press-briefer-april-23-2025/.