Dagsaan Monterde Castillo Attorneys at Law

10/03/2026

Catch DMC Law on Net25's Kada-Umaga! 📺✨

In line with National Women's Month, Atty. Aihra Nicole V. Diestro joined the Kada-Umaga team to discuss a highly important piece of legislation: The Safe Spaces Act (RA 11313), also known as the Anti-Bastos Law.

Atty. Diestro shared her legal insights on what your rights are under this law and how it actively protects everyday Filipinos from harassment in public spaces and online.

We are always proud to help educate the public on their rights. Watch a clip of her interview here:

https://www.youtube.com/live/csZTEurxFmE?si=lr5IxvxXH0mqTe3N&t=1384

Got questions about the Safe Spaces Act? Drop them below or send us a message! ⚖️



Dagsaan Monterde Castillo Law is a full-service law office that practices in various fields of law, including but not limited to Business Retainership, Family and Matrimonial Relations, Civil and Corporate Litigation, Criminal Law, Real Estate Law, Labor and Employment, Administrative and Regulatory Practice, Wills and Probate, Torts and Damages, and Contracts.

To contact us, please message or email us at [email protected]
This article is for informational purposes only and does not constitute legal advice. Readers are encouraged to consult a lawyer for guidance on their specific situations

11/02/2026

Beyond Toxic: When Accusing Your Husband of In**st Ends a Marriage

We often hear about "irreconcilable differences," but a 2025 Supreme Court ruling showed us just how deep those differences have to be to legally end a marriage in the Philippines.

In the case of Tee Ten v. Tee Ten (GR No. 259322), the Court didn’t just look at a couple falling out of love. They looked at a marriage defined by extreme paranoia, abuse, and an accusation that crossed the line.

W***y Tee Ten went to court to declare his marriage void, claiming his wife, Nellie, was psychologically incapacitated. But this wasn't a standard case of nagging. The court found that Nellie’s behavior was extreme:

• She was aggressively controlling: Nellie needed to dominate every aspect of W***y’s life.
• She was abusive: The abuse wasn’t just verbal; she physically hurt W***y.
• The Breaking Point: Nellie was so unreasonably jealous and arrogant that she
insisted W***y was having an incestuous romantic relationship with his own mother.

Witnesses and a clinical psychologist backed up W***y’s story, painting a picture of a woman who was mentally unable to function as a supportive wife.

The Supreme Court sided with W***y. They declared the marriage void ab initio (void from the beginning) based on Article 36 of the Family Code (Psychological Incapacity).

The Court reiterated the Rules for psychological incapacity, based on the landmark Tan-Andal case. For a marriage to be nullified, the behavior must be:

1. Grave: It can’t just be a refusal to be a good spouse or mild neglect. The psychological issue must be so severe that the person is incapable of performing their marital duties.
2. Juridical Antecedence (Pre-existing): The condition must have existed before the couple said "I do," even if it only became obvious later.
3. Incurable (Legally speaking): This doesn't mean the person is medically hopeless. It means that, in relation to their spouse, this personality trait is so deeply ingrained that it cannot be fixed or negotiated away.

This decision serves as a reminder that the law offers a way out for those trapped in genuinely impossible marriages.

While Article 36 isn't a "divorce law" that lets people leave just because they are unhappy, the Supreme Court emphasized that it is a valid remedy when one partner is psychologically unable to fulfill the basic obligations of marriage like respect, help, and support.

Dagsaan Monterde Castillo Law is a full-service law office that practices in various fields of law, including but not limited to Business Retainership, Family and Matrimonial Relations, Civil and Corporate Litigation, Criminal Law, Real Estate Law, Labor and Employment, Administrative and Regulatory Practice, Wills and Probate, Torts and Damages, and Contracts.

To contact us, please message or email us at [email protected]

This article is for informational purposes only and does not constitute legal advice. Readers are encouraged to consult a lawyer for guidance on their specific situations

09/02/2026

We’ve seen a rise in financial agreements between individuals and businesses alike. However, many still use these terms interchangeably—a mistake that can lead to significant legal headaches.

We first shared this guide in 2023, but the principles remain as vital as ever. Whether you are providing capital or receiving it, knowing if your agreement falls under the New Civil Code or the Securities Regulation Code is the first step in protecting your interests.

Read our full breakdown of the key distinctions below. 👇



Dagsaan Monterde Castillo Law is a full-service law office that practices in various fields of law, including but not limited to Business Retainership, Family and Matrimonial Relations, Civil and Corporate Litigation, Criminal Law, Real Estate Law, Labor and Employment, Administrative and Regulatory Practice, Wills and Probate, Torts and Damages, and Contracts.

To contact us, please message or email us at [email protected]

This article is for informational purposes only and does not constitute legal advice. Readers are encouraged to consult a lawyer for guidance on their specific situations.

UNDERSTANDING THE DISTINCTION: CONTRACT OF LOAN VS. INVESTMENT CONTRACT IN THE PHILIPPINES

In the realm of financial agreements and contracts, the Philippines, like many other countries, recognizes the significance of distinguishing between a "Contract of Loan" and an "Investment Contract." While both involve the lending of funds, these two legal instruments have distinct purposes, characteristics, and legal implications. In this article, we'll delve into the key differences between these two financial arrangements, drawing insights from Philippine laws and jurisprudence.

LOAN VS. INVESTMENT: A FUNDAMENTAL DIFFERENCE

What is the difference between an investment and a loan?

At its core, the primary distinction between a loan and an investment lies in their intended purpose and the nature of the transaction:

Loan: A loan, often governed by a "Contract of Loan," is a financial arrangement where one party, the lender, provides a specific amount of money to another party, the borrower, with the expectation that the borrower will repay the principal amount along with interest within a predetermined timeframe. Loans are typically used to fund short-term needs or bridge financial gaps.

Investment: An investment, on the other hand, involves the allocation of capital with the expectation of generating a return or profit over time. Investments can take various forms, such as purchasing stocks, real estate, or securities. In the context of a business, an "Investment Contract" is a legally binding agreement where an investor provides capital to a company in exchange for ownership or a share of profits.

LEGAL DISTINCTIONS: LOAN AGREEMENT VS. INVESTMENT AGREEMENT

What is the difference between a loan agreement and an investment agreement?
When it comes to the legal framework governing these financial transactions, both loans and investments are typically formalized through agreements. However, the content and terms of these agreements differ significantly:

Loan Agreement: A loan agreement outlines the terms and conditions of the loan, including the principal amount, interest rate, repayment schedule, and any collateral or guarantees required. In the Philippines, loans are primarily governed by the New Civil Code of the Philippines.

Investment Agreement: An investment agreement, also referred to as an "Investment Contract," details the terms of the investment, the nature of the investment vehicle (e.g., equity or debt), and the rights and obligations of the parties involved. In the Philippines, investment contracts may fall under the purview of securities laws, particularly the Securities Regulation Code (SRC), if they involve the issuance of securities.

THE LEGAL LANDSCAPE IN THE PHILIPPINES

In the Philippines, the Securities and Exchange Commission (SEC) plays a crucial role in regulating investment contracts and protecting the interests of investors. Under the SRC, the definition of an "investment contract" is aligned with the definition under the U.S. Securities Act of 1933. The SRC aims to prevent fraudulent investment schemes and ensure transparency in financial transactions.

In conclusion, understanding the differences between a "Contract of Loan" and an "Investment Contract" is vital for both borrowers and investors in the Philippines. While loans serve immediate financial needs and are primarily governed by civil codes, investment contracts are subject to securities laws, and their classification depends on the specific circumstances. To navigate this complex landscape, it's advisable to seek legal counsel to ensure compliance with relevant laws and regulations.

07/02/2026

Dagsaan Monterde Castillo Law (DMC Law) is proud to welcome its newest Associate Lawyer, Atty. Aihra Nicole V. Diestro.

Atty. Aihra reached a significant milestone yesterday, taking her oath as a member of the Philippine Bar at the Philippine Arena. She joins the firm bringing with her a solid academic background as a graduate of Legal Management from De La Salle University and the Ateneo de Manila School of Law, where she earned her Juris Doctor degree.

As she begins her professional practice with us, Atty. Aihra will be involved in our various legal services and daily operations, contributing to our commitment to providing diligent and quality representation to our clients.

Dagsaan Monterde Castillo Law is a full-service law office that practices in various fields of law, including but not limited to Business Retainership, Family and Matrimonial Relations, Civil and Corporate Litigation, Criminal Law, Real Estate Law, Labor and Employment, Administrative and Regulatory Practice, Wills and Probate, Torts and Damages, and Contracts.

To contact us, please message or email us at [email protected]

16/01/2026

Can You Be Sued for a 1-Star Review?

Let’s say you own a restaurant with generally good customer reviews, except for one. Feeling aggrieved, you decide to sue the person who posted the negative review for cyber-libel. Will the case prosper?

Libel, under Article 353 of the Revised Penal Code of the Philippines is defined as a “public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.” To simplify, libel is the act of maliciously spreading false claims that harms one’s reputation. If committed online, such an act constitutes cyber-libel as provided under Republic Act No. 10175 of the Cybercrime Prevention Act of 2012.

Oftentimes, libel is compared with the right to freedom of speech and expression, since not all malicious statements are libelous and may fall within one’s constitutional right to freedom of speech. In the case of Vasquez v. Court of Appeals G.R. No. 118971, 15 September 1999, The Court ruled that defamatory articles containing a fair and true report made in good faith negates the existence of malice and cannot, therefore, be considered libelous. In fact, the Court in the case of Guingging v. Court of Appeals G.R. No. 128959, 30 September 2005, enumerated the elements of libel, to wit: (a) imputation of a discreditable act or condition to another; (b) publication of the imputation; (c) identity of the person defamed; and, (d) existence of malice. Therefore, absent any of these elements, the charge of libel must necessarily fail.

In summary therefore, not all malicious statements constitute libel. Ultimately, it is up to the Court to determine whether all the elements of libel are present, depending on the facts and circumstances of each case in order to avoid encroaching upon one’s constitutional right to freedom of speech and expression.

Hence, in general, one cannot be sued solely for posting a 1-star review as it may fall squarely within one’s constitutional right to freedom of speech and expression. It will only constitute libel if all the elements of libel, as discussed above, are present.

Dagsaan Monterde Castillo Law is a full-service law office that practices in various fields of law, including but not limited to Business Retainership, Family and Matrimonial Relations, Civil and Corporate Litigation, Criminal Law, Real Estate Law, Labor and Employment, Administrative and Regulatory Practice, Wills and Probate, Torts and Damages, and Contracts.

To contact us, please message or email us at [email protected]

This article is for informational purposes only and does not constitute legal advice. Readers are encouraged to consult a lawyer for guidance on their specific situations

13/01/2026

07/01/2026

31/12/2025

To our valued clients and trusted partners:

Before we turn the page to 2026, we want to send a heartfelt thank you for trusting Dagsaan Monterde Castillo Law Office this past year.

2025 saw its share of complexities, but navigating them alongside you has been a privilege. We are deeply grateful for the continued partnership of our retained clients and the new connections we’ve made this year.

As we step into the New Year, know that our commitment to your success and peace of mind remains unwavering.
May 2026 bring you clarity, justice, and new opportunities.

Wishing you all a safe and joyous celebration tonight! 🎇📃🤝

🎉

30/12/2025