# Atty. Bryan Villarosa > Filipino Lawyer servicing Offshore Firms, Overseas Workers, and Businesses ## Posts - [SPA: A Lawyer's Guide](https://lexrex.ph/spa/): What is an SPA? A Special Power of Attorney (SPA) is a written legal document wherein a person (the principal) specifically authorizes another person (the agent or attorney-in-fact) to act in their name, place, and stead for specific purposes (a.k.a. “acts of strict dominion”) as opposed to general administration. (New Civil Code Article 1876) What are acts of strict dominion? Acts of strict dominion are major legal, financial, or ownership-related transactions that go beyond routine administrative acts (a.k.a. general power of attorney). Under the law, an agent cannot validly perform these acts on behalf of a principal without a specific… - [Can a Foreigner Own Lands in the Philippines?](https://lexrex.ph/foreigner-own-lands/): As a general rule, foreigners (aliens) are absolutely prohibited from acquiring or owning public and private lands in the Philippines. (SADHWANI vs. SADHWANI, G.R. No. 217365, August 14, 2019, Ang vs. So) However, the Constitution provides limited exceptions, such as acquiring land through hereditary succession or acquiring ownership in condominium units. (CONST. Art. XII, Sec. 7; Hulst v. PR Builders, Inc., G.R. No. 156364, September 25, 2008) The General Rule Under the 1987 Philippine Constitution, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain. This… - [Legal Steps if a Title to a Land is Lost or Destroyed](https://lexrex.ph/lost-title/): If the title to a land is lost, one must execute an Affidavit of Loss stating that you are the registered owner, detailing the circumstances of the loss, confirming that a diligent search was made to no avail, and attesting that the title was not used to encumber, mortgage, or sell the property. Submit this affidavit to the Registry of Deeds where the property is registered. File a Verified Petition for the Issuance of a New Duplicate Certificate of Title before the Regional Trial Court (RTC) in the city or province where the property is situated. The court will then… - [RA 6657 - Comprehensive Agrarian Reform Law](https://lexrex.ph/ra-6657/): REPUBLIC ACT NO. 6657 AN ACT INSTITUTING A COMPREHENSIVE AGRARIAN REFORM PROGRAM TO PROMOTE SOCIAL JUSTICE AND INDUSTRIALIZATION, PROVIDING THE MECHANISM FOR ITS IMPLEMENTATION, AND FOR OTHER PURPOSES CHAPTER I: Preliminary Chapter SECTION 1. Title . — This Act shall be known as the Comprehensive Agrarian Reform Law of 1988. SECTION 2. Declaration of Principles and Policies . — It is the policy of the State to pursue a Comprehensive Agrarian Reform Program (CARP). The welfare of the landless farmers and farmworkers will receive the highest consideration to promote social justice and to move the nation toward sound rural development… - [CLOA Title: A Complete Guide](https://lexrex.ph/cloa/): A Certificate of Land Ownership Award (CLOA) is a document establishing ownership of agricultural land granted or awarded to a qualified agrarian reform beneficiary under the Comprehensive Agrarian Reform Program (CARP). (Hence, this document is sometimes called “Award”) Note: CLOA is not the same as a Public Land Patent. In addition to proving ownership, a CLOA contains the restrictions and conditions of the grant. Common restrictions: Any sale or transfer to an ineligible person during this time is completely null and void. Additionally, beneficiaries are restricted from converting the agricultural land to non-agricultural use without prior approval from the Department… - [Rule 111 - Prosecution of Civil Action](https://lexrex.ph/rule-111/): RULE 111: PROSECUTION OF CIVIL ACTION SECTION 1. Institution of criminal and civil actions. (a) When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense charged shall be deemed instituted with the criminal action unless the offended party waives the civil action, reserves the right to institute it separately or institutes the civil action prior to the criminal action. The reservation of the right to institute separately the civil action shall be made before the prosecution starts presenting its evidence and under circumstances affording the offended party a reasonable opportunity to… - [Is It Too Late to Change Lawyers Before Pre-Trial in the Philippines?](https://lexrex.ph/change-lawyers-pretrial/): Quick answers: Receiving a Notice of Pre-Trial in the mail and not knowing what to do gives much anxiety. Maybe you managed to file an Answer with the help of a free legal clinic, an IBP “LODi” (Legal Officer of the Day), or a busy lawyer friend. You survived round one. But suddenly, there’s a specific date and time that you need to go to a courtroom. You’re looking at your current lawyer, and maybe you see they are “swamped” with cases. You may be asking yourself, “Is this really enough to protect my property?” If you are losing sleep… - [Rules on Expedited Procedure (A.M. 08-8-7-SC)](https://lexrex.ph/rules-on-expedited-procedure-a-m-08-8-7-sc/): Actual basis: Supreme Court Primer Part 1: Applicability Rule I: Applicability RESOLUTION WHEREAS, pursuant to Section 5(5), Article VIII of the Constitution, the Supreme Court is vested with the power to promulgate rules concerning the pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged; WHEREAS, Congress enacted Republic Act No. 11576, which expanded the jurisdictional amount cognizable by the First Level Courts in civil cases to Two Million Pesos (₱2,000,000.00) and the jurisdictional amount for recovery of real property with the assessed value to Four Hundred… - [How to File a Small Claims Case in the Philippines (and How a Lawyer Can Help You Win)](https://lexrex.ph/file-small-claims-case/): Quick answers: What cases fall under Small Claims in the Philippines? For a case to be filed as a Small Claims case, it must be strictly or purely civil in nature. Meaning, it should involve only an action seeking payment or reimbursement of a sum of money, where the value of the claim does not exceed P1,000,000. (This is a new threshold under A.M 08-8-7-SC to cover bigger debts [11 April 2022]) If your claim has an accompanying criminal aspect, it falls outside the coverage of the Rule on Small Claims. Eligible causes of action are: Unpaid debts, credit card… - [Ejectment](https://lexrex.ph/ejectment/): In Philippine law, ejectment (accion interdictal) is a summary legal action used to recover the physical or material possession (possession de facto) of real property. It does not definitively resolve issues of ownership. Ejectment comprises two distinct causes of action: Both of these actions must be filed in the Municipal Trial Court (MTC) within one (1) year. For forcible entry, the one-year prescriptive period is counted from the date of actual entry, or from the date of discovery if the entry was done through stealth. For unlawful detainer, the period is counted from the date of the last demand to… - [Law on Succession](https://lexrex.ph/law-on-succession/): Title IV – Succession (Art. 774 to 1105) CHAPTER 1: General Provisions Article 774. Succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law. Article 775. In this Title, “decedent” is the general term applied to the person whose property is transmitted through succession, whether or not he left a will. If he left a will, he is also called the testator. Article 776. The… - [OCA Circular No. 197-2025](https://lexrex.ph/oca-circular-no-197-2025/): Dated: May 30, 2025Effective: June 21, 2025 Republic of the Philippines Supreme Court Office of the Court Administrator Manila. TO: ALL EXECUTIVE JUDGES OF MULTI-SALA REGIONAL TRIAL COURTS OR JUDGES OF SINGLE-SALA REGIONAL TRIAL COURTS. SUBJECT: RESOLUTION DATED MARCH 04, 2025 OF THE COURT EN BANC IN A.M. NO. 02-8-13-SC (RE: 2004 RULES ON NOTARIAL PRACTICE). For the information, guidance, and strict observance of all concerned, quoted below and appended hereto as Annex “A” is the Resolution dated March 04, 2025 of the Court en banc in A.M. No. 02-8-13-SC, which RESOLVED to AMEND the following provisions of the 2004… - [2004 Notarial Rules](https://lexrex.ph/2004-notarial-rules/): Full Name: 2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC Rule I – IMPLEMENTATION SECTION 1. Title. — These Rules shall be known as the 2004 Rules on Notarial Practice. SEC. 2. Purposes. — These Rules shall be applied and construed to advance the following purposes: (a) to promote, serve, and protect public interest; (b) to simplify, clarify, and modernize the rules governing notaries public; and (c) to foster ethical conduct among notaries public. SEC. 3. Interpretation. — Unless the context of these Rules otherwise indicates, words in the singular include the plural, and words in the plural include the… - [The Maceda Law (R.A. No. 6552) Full Text](https://lexrex.ph/maceda-law-full-text/): The Maceda Law (R.A. No. 6552), also known as the Realty Installment Buyer Protection Act, protects buyers of real estate on installment payments against onerous and oppressive conditions. It applies to the sale or financing of residential real estate, including condominium apartments. However, it strictly excludes industrial lots, commercial buildings, and sales to tenants Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. This Act shall be known as the “Realty Installment Buyer Protection Act”. SEC. 2. It is hereby declared a public policy to protect buyers of real estate on… - [BP 22 Full Text](https://lexrex.ph/bp-22-full-text/): AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT SUFFICIENT FUNDS OR CREDIT AND FOR OTHER PURPOSES. Be it enacted by the Batasang Pambansa in session assembled: SECTION 1. Checks without sufficient funds.—Any person who makes or draws and issues any check to apply on account or for value, knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment, which check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would… - [International Humanitarian Law (IHL)](https://lexrex.ph/ihl/): International Humanitarian Law (IHL), also known as the laws of war or laws of armed conflict, is a body of international rules established by treaties and custom that regulates the conduct of armed conflicts. It limits the methods and means of warfare to prevent unnecessary suffering and protects individuals who are not or are no longer participating in hostilities, such as civilians, prisoners of war, and the wounded. Definition and Scope International Humanitarian Law (IHL) comprises international rules specifically intended to solve humanitarian problems arising from international or non-international armed conflicts. While Jus ad Bellum refers to the legality or… - [Common Law Partner](https://lexrex.ph/common-law-partner/): The property relations and legal rights of common-law partners (a man and a woman living together as husband and wife without the benefit of marriage) depend primarily on whether they possess any legal impediment to marry each other. When Partners Have No Legal Impediment to Marry (Article 147) If the partners are capacitated to legally marry each other and live exclusively together, their properties are governed by the rules on special co-ownership under Article 147 of the Family Code. When Partners Have a Legal Impediment to Marry (Article 148) If the partners cannot legally marry due to an impediment (e.g.,… - [How to Cancel Your Condo/Housing Contract and Get Your Refund (Maceda Law Guide)](https://lexrex.ph/maceda-law/): Buying a condo or house-and-lot is exciting, but if financial hardships or fallouts with a co-buyer come, it can turn into a nightmare. If this happens, many buyers on installment plans think they can no longer recover the money they paid, especially when the developer ignores them or their co-buyer makes things difficult. Many just stop paying and walk away, not realizing they may still be eligible for a refund. As a real estate lawyer (and an accredited real estate professional), I help clients successfully cancel a condo, deal with co-buyers whom they no longer want to talk to, and… - [Can One Petition for Bail before an Information is Filed in Court?](https://lexrex.ph/bail-before-information/): Yes, a person can petition for bail even before a formal complaint or Information is filed in court. Here are the rules governing a petition for bail before the filing of an Information: 1. Where to File If a person is in custody but has not yet been formally charged in court, they may apply for bail with any court in the province, city, or municipality where they are held. 2. Custody of the Law Requirement To apply for bail, the applicant must already be in the custody of the law, which means they must be legally deprived of their… - [Preparation and Notarization of Last Will and Testament](https://lexrex.ph/last-will-and-testament/): Under Philippine law, the preparation and execution of a last will and testament strictly depend on whether the testator chooses to execute a notarial (ordinary) will or a holographic will. Regardless of the type, the testator must have testamentary capacity: they must be at least 18 years old, not expressly prohibited by law, and of sound mind (able to know the nature of the estate to be disposed of, the proper objects of their bounty, and the character of the testamentary act). Every will must also be in writing and executed in a language or dialect known to the testator.… - [Ending a Marriage: The Legal Differences Between Separation and Annulment](https://lexrex.ph/legal-separation-vs-annulment/): Annulment and legal separation are two distinct legal remedies for troubled marriages, primarily differing in their effect on the marital bond and the time the grounds occurred. Here are the key distinctions between the two: Similarities: Despite these differences, both remedies share some common legal consequences. Both result in the dissolution and liquidation of the absolute community or conjugal partnership property regime. Additionally, in both cases, the guilty spouse or the spouse who acted in bad faith forfeits their share in the net profits of the property regime. - [A Business Owner's Guide to Real Property Tax & Declarations](https://lexrex.ph/real-property-tax/): Nature and Situs Real property tax (RPT) is an annual ad valorem tax levied on lands, buildings, machinery, and other improvements. The situs of taxation is strictly the location of the property. Only provinces, cities, and municipalities within the Metropolitan Manila Area have the legislative authority to impose RPT. Assessment and Liability Property appraisal is based on current fair market value, but classification and assessment strictly follow the principle of actual use (principal or predominant utilization), regardless of ownership. Tax rates are applied directly to assessed values. Tax liability generally rests on the property owner; however, under the Beneficial Use… - [BP 22 or Bouncing Checks Law](https://lexrex.ph/bouncing-check/): What is BP22? BP22 stands for “Batas Pambansa Bilang 22” (also coined as B.P. 22), commonly known as the Bouncing Checks Law. It is a law that penalizes the making, drawing, and issuance of a check without sufficient funds or credit. Nature of the Crime Punishable Acts Essential Elements Two Separate Offenses Issuing a bouncing check can give rise to two separate criminal offenses: Violation of B.P. Blg. 22 (Bouncing Checks Law) and Estafa under Article 315(2)(d) of the Revised Penal Code. Filing cases for both simultaneously does not constitute double jeopardy because the legal elements of the two offenses… - [Cyber Libel in the Philippines: Elements, Penalties, and Defense](https://lexrex.ph/cyber-libel/): Cyber Libel is not a new or separate crime (in relation traditional libel under Revised Penal Code); rather, it is the unlawful or prohibited act of libel as defined in Article 355 of the Revised Penal Code (RPC), but committed through a computer system or any other similar means under the Cybercrime Prevention Act of 2012 (R.A. No. 10175). Elements of Cyber Libel Because it is based on the RPC, the prosecution must prove the following elements to secure a conviction: Who are Liable? Penalties Defenses - [Naturalization](https://lexrex.ph/naturalization/): Nature and Principles of Naturalization Naturalization is the legal act of adopting a foreigner into the political body of a nation, clothing them with the privileges of a citizen. Modes of Naturalization An alien may acquire Philippine citizenship through three primary modes: Judicial Naturalization Proceedings (C.A. No. 473) To successfully undergo judicial naturalization, an applicant must satisfy strict qualifications and follow a rigid procedure: Qualifications Special Rules for Refugees and Stateless Persons Under A.M. No. 21-07-22-SC, recognized refugees and stateless persons may file a verified petition for facilitated naturalization,,. However, this international commitment does not amount to a blanket waiver… - [Annulment of Marriage](https://lexrex.ph/annulment-marriage/): Under Philippine law, annulment applies to both marriages and contracts that are considered voidable. A voidable marriage or contract is perfectly valid and binding, producing all civil effects, until it is invalidated or set aside by a final judgment of a competent court,,. Here are the legal principles governing the annulment of marriages and contracts: 1. Annulment of Marriage An action for annulment of marriage applies to unions where the essential requisites are present, but consent was defective at the time of the celebration. Grounds for Annulment (Article 45, Family Code): Defenses and Prescription: Legal Consequences of Annulment: - [Declaration of Nullity of Marriage](https://lexrex.ph/declaration-nullity-marriage/): A declaration of absolute nullity of marriage applies to marriages that are considered void ab initio (void from the very beginning). These marriages are deemed never to have taken place and produce no legal effects, except those specifically declared by law regarding properties and children. Here are the key legal principles governing the declaration of nullity of marriage under Philippine law: 1. Grounds for Declaration of Nullity A petition for declaration of nullity may be filed on the following grounds: 2. Psychological Incapacity (The Tan-Andal Doctrine) For petitions based on psychological incapacity (Art. 36), the Supreme Court’s landmark ruling in… - [Foreclosure of Real Estate Mortgage](https://lexrex.ph/foreclosure-real-estate-mortgage/): Foreclosure of a real estate mortgage is a legal remedy available to a mortgagee-creditor to subject the mortgaged property to the satisfaction of the principal obligation when the debtor defaults. Because a mortgage is a mere accessory contract, it can only be enforced if the debtor is actually in breach or default of the principal obligation. For example, if the creditor fails to release the full loan proceeds, the debtor is not considered in delay, making any foreclosure premature and void. Furthermore, if the debtor defaults solely because the interest rate imposed was unconscionable and void, the principal is not… - [How to Recover Personal or Movable Property](https://lexrex.ph/replevin/): To recover a personal property legally, the proper remedy is to file an action for replevin. Replevin is a provisional remedy used exclusively for the recovery of possession of personal or movable property. Here are the key legal principles governing replevin: - [Quieting of Title](https://lexrex.ph/quieting-of-title/): What is an Action for Quieting of Title? An action for quieting of title is a common law remedy grounded on equity. Its primary purpose is to remove any cloud, doubt, or uncertainty affecting the title to real property so that the rightful owner may exercise their rights without fear, disturbance, or interference from those who have no right over it. It is characterized as a proceeding quasi in rem, where the judgment is conclusive only between the parties involved. Essential Requisites For an action for quieting of title to prosper, the following indispensable requisites must concur: What constitutes a… - [Legal Remedies to Recover Property in the Philippines](https://lexrex.ph/recovery-property-philippines/): Under Philippine law, the remedies for the recovery of property depend on whether the property is real (immovable) or personal (movable), and the nature of the right being asserted. Recovery of Real Property Here are the specific legal actions and principles for the recovery of real property (land and buildings): Accion Reivindicatoria (Reivindicatory Action) If the issue is land ownership rather than mere possession, the remedy is to file an Acción Reivindicatoria. This is a plenary action that primarily settles the issue of ownership but at the same time includes the recovery of possession. To succeed, the plaintiff must rely… - [Senior Citizens Seminar](https://lexrex.ph/senior-citizens-seminar/): Works: The Slide that We Used For the Senior Citizen Law Seminar The Letter of Permission to the Community Head Team Photos - [Court Observation as LSP](https://lexrex.ph/court-observation/): The court observation and appearances program as a Law Student Practitioner (LSP) is a primary way for us law students to gain experiential learning, to develop practical knowledge, skills, and values for the application of law and the promotion of social justice.  This is part of the Clinical Legal Education Program (CLEP) Externships with the Courts, and we are the second batch of USLS Law Student Practitioners (LSPs) to participate in this program. My role as a law student is the following: The court observation program is one of the highlights of my law school experience because it is unlike… - [Safe Spaces Act Public Advocacy](https://lexrex.ph/safe-spaces-act-public-advocacy/) - [International Economic Policies Thesis Write-Up](https://lexrex.ph/legal-research-thesis-writing/): Photo: A group photo where most of my team mates at a Moot Court joined Legal Research and Academic Content Development Legal Gap & Policy Brief Writing Academic/Educational Content Development - [International Law Research and Technical Writing](https://lexrex.ph/international-law-research-and-technical-writing/): Embedded: Facebook post of Stetson South East Asia showing that we won the Best Overall Memorial in the entire region, and we also moved up to Quarter Finals. The Stetson International Environmental Moot Court Competition is the world’s largest moot court competition devoted exclusively to environmental issues. Our position paper was reviewed by legal experts from various continents and ranked the best in the 2024 competition. Photo: With the retired judge of the International Criminal Court (ICC), Raul Pangalangan, UP Professor Rommel Casis, and Dean Ralph Sarmiento. (Source: Dean Sarmiento’s post) Together with my team at the College of Law,… - [Corporate Documents Drafting](https://lexrex.ph/corporate-documents-drafting/): Photo: Our group, the male group, during our final defense in our corporate law practice class, was led by the esteemed, award-winning writer, Dean Rayboy Pandan. Plan of Merger Skills: Corporate Agreements Ideation, Creation and Administration Corporate Documentation and Filing Support Contract and Agreement Administration Corporate Meeting and Timeline Support Skills Used: Virtual Legal Assistance, Legal Research and Writing Corporate Minutes of the Meeting - [Legal Research and Drafting for the Civil Aspect of a Criminal Case](https://lexrex.ph/protection-order-support-petition/): Research and Drafting of a Petition for Protection Order and Support A lawyer’s legal strategy is only as strong as the documents they present. We help create persuasive, accurate, and ready-to-file legal documents. In this redacted, 68-page academic paperwork that my team and I created for our class project, we demonstrated the following: Skills used: Legal Research and Writing, Legal Assistance - [Legal SEO & Content Strategy at FormPros](https://lexrex.ph/legal-seo-content-strategy-at-formpros/): During my tenure at FormPros, I was responsible for enhancing organic traffic, improving conversion rates on legal form assets, and expanding digital outreach. My key contributions included: AI SEO, SEO Strategy & Performance Growth Image 1.0: Increase AI citations Legal Content Development & Accuracy Image 2.0: Develop and Maintain Cloud-based Content Management User Experience (UX) & Multimedia Production Image 3.0: Created infographics and images that encapsulates a blog article to boost the latter’s value Video 1: I created simple brand-adherent explainer videos to increase visibility in the second largest search engine in the world | Video 2, Video 3, Video… - [A Legal Essay on "First They Killed My Father"](https://lexrex.ph/first-they-killed-my-father/): In less than 400 words, write an essay about the importance of IHL in relation to the Cambodian genocide based on the movie, “First They Killed My Father.” Skill used: Legal Research and Writing - [Legal Opinion Re: The Case of the Speluncean Explorers](https://lexrex.ph/opinion-for-speluncean-explorers/): In not more than 300 words, create an opinion as a Supreme Court Justice regarding the Case of the Speluncean Explorers. Skill used: Legal Research and Writing - [Client Intake Assistance](https://lexrex.ph/client-intake-assistance/): Streamline Your Practice: Professional Client Intake Assistance Stop Drowning in Paperwork. Start Focusing on Law. Client intake is the critical first step in every successful case, yet it is often the most time-consuming administrative burden on your firm. Don’t let valuable associate time be spent on data entry and tedious fact-gathering. Our specialized Client Intake Assistance Service transforms your initial consultation process, ensuring speed, accuracy, and a seamless client experience—all handled by experienced legal professionals. Why Outsource Your Client Intake? Challenge Our Solution: Professional Intake Assistance Time Drain Saves Billable Hours: Free up your lawyers and paralegals to focus on… - [Tax Clarification Drafting](https://lexrex.ph/legal-writing-legal-opinion-drafting/): This document is based on an actual scenario in a different city and province, but was anonymized for portfolio purposes. Skill used: Legal Research and Writing - [Corporate Actions and the Required Vote](https://lexrex.ph/corporation-actions-and-the-required-vote/): Corporate Action Required Board Vote Required Stockholder/Member Vote Amendment of the Articles of Incorporation (AOI) Majority vote of the board. 2/3 of the outstanding capital stock (or members). Extension or Shortening of Corporate Term Majority vote of the board. 2/3 of the outstanding capital stock (or members). Increase or Decrease of Authorized Capital Stock (ACS) Majority vote of the board. 2/3 of the outstanding capital stock (at a meeting). Incur, Create, or Increase Bonded Indebtedness Majority vote of the board. 2/3 of the outstanding capital stock (or members). Denial of Pre-emptive Right Approval of the board for the issuance. 2/3… - [Trademark vs. Copyright vs. Patent](https://lexrex.ph/trademark-vs-copyright-vs-patent/): Feature Patent Trademark Copyright Object Protected An invention (product, process, or improvement) that provides a technical solution to a problem. A visible sign capable of distinguishing goods (trademark) or services (service mark). Original literary, musical and artistic works. Requisites for Protection (1) Novelty (not part of prior art); (2) Inventive step (not obvious to a person skilled in the art); (2) Industrially applicable Must be registrable (e.g., not immoral, confusingly similar, or generic). Generic descriptions that have acquired a “secondary meaning.” Originality; Fixation in a tangible medium of expression. Non-Protectable Items Discoveries, scientific theories, mathematical methods, schemes, rules for mental… - [Regular Holiday vs. Special Non-Working vs. Special Working Holiday](https://lexrex.ph/regular-holiday-vs-special-non-working-vs-special-working-holiday/): Here is a distinction between Regular Holidays, Special Non-Working Holidays, and Special Working Holidays: Feature Regular Holiday Special Non-Working Holiday (Special Day) Special Working Holiday Definition/Nature Days designated as regular holidays by law, order, or proclamation. They are typically celebrated nationwide and are paid holidays. Days declared as such by law, order, or proclamation, often by the President or Congress. Also referred to as “special days”. A day that may have been previously known as a Special Holiday, but is designated as a working day. Compensation if Unworked The employee is entitled to 100% of their regular daily wage, provided… - [Presumptive Death](https://lexrex.ph/presumptive-death/): Chart Overview for Presumption of Death Purpose or Claim Number of Years Source For all purposes, except for succession 7 years Art. 390 For the purpose of opening succession (general rule) 10 years Art. 390b For the purpose of opening succession, if disappeared after the age of seventy-five years 5 years Art. 390b For all purposes, including division of estate among heirs (specific circumstances): – Art. 391 – Person on board a vessel lost during a sea voyage or missing aeroplane 4 years Art. 391 – Person in armed forces missing after taking part in war 4 years Art. 391… - [Jurisdiction of States](https://lexrex.ph/jurisdiction-of-states/): Jurisdiction, in the context of states, is the power of a state to affect legal interests. It is an attribute of sovereignty that confers, through law, the power and authority to apply the law. This power can be exercised over a state’s entire domain, with its decrees being supreme and its commands paramount within its limits. However, a state may, by its consent (express or implied), submit to a restriction of its sovereign rights, which is known as sovereignty as auto-limitation. Jurisdiction can be categorized into three types recognized in international law: The scope of a state’s jurisdiction over a… - [State Immunity](https://lexrex.ph/state-immunity/): The doctrine of State Immunity, also known as “the royal prerogative of dishonesty,” posits that the State cannot be sued without its consent. This fundamental principle is enshrined in the Constitution to prevent the paralysis or disruption of governmental functions and public services that would occur if the State’s time, efficiency, and resources were constantly diverted to litigation filed by private parties. The rationale is that there can be no legal right against the authority that makes the law on which the right depends. However, this doctrine is not absolute and may be waived. The waiver of immunity does not,… - [Law School Tips | Compilation](https://lexrex.ph/law-school-tips/) - [Compilation of Bar Tips](https://lexrex.ph/compilation-of-bar-tips/): In random order. From various sources. These are not absolute. Use at your own discretion. On Answering/During Exam Sayings - [Remedial Law Quizzes](https://lexrex.ph/remedial-law-quizzes/): Rules on Filing for Annulment or Legal Separation for OFWs Loading… - [When did the New Civil Code take effect?](https://lexrex.ph/when-did-the-new-civil-code-take-effect/): Under RA 388 last line, you will see there that the New Civil Code was approved on June 18, 1949. However, it specifically provided that it shall take effect one year after its publication. The major consensus is that the New Civil Code took effect on August 30, 1950. This would also mean, that from the time of approval by Congress on June 18, 1949, it took them until August 30, 1949 to publish the New Civil Code in the Official Gazette or newspaper of general circulation. - [What is HMO Insurance in the Philippines](https://lexrex.ph/hmo-philippines/): A Healthcare Management Organization is a type of managed care organized in accordance with law to provide pre-agreed or designated health care services to its enrolled members for a fixed periodic fee and for a specific period of time. It uses a system of health care delivery called managed care that influences utilization and costs of services and measures performance resulting in quality cost-effective care. It integrates financing and delivery of health care services through managed health plans which may be in the form of a comprehensive HMO Plan, preferred provider plan managed indemnity or self-insured plans, third party administration… - [Pag-IBIG Loans](https://lexrex.ph/pag-ibig-loans/): Pag-IBIG Multi-Purpose Loan (MPL) The Pag-IBIG Multi-Purpose Loan (MPL) is a lending program offered by the Pag-IBIG Fund. It is treated as separate and distinct from the Calamity Loan program. How much can I borrow from Pag-IBIG MPL? Loan Amount: The amount a qualified member can borrow is the lowest of the following: How will I know if quality for MPL? Eligibility Requirements: To be eligible for an MPL, a Pag-IBIG Fund member must satisfy several requirements: Having issues with a property contract or loan? Book a consultation with an Attorney today. How can I apply for MPL? How much… - [Is Gossiping a Crime?](https://lexrex.ph/is-gossiping-a-crime/): Gossiping is a crime in the Philippines if it qualifies as oral defamation (slander), libel, or intriguing against honor. These crimes fall under Crimes Against Honor. Moreover, the victim can also file a civil case for damages, which will require the respondent to pay for the harm they’ve done. Intriguing Against Honor Under Article 364 of the Revised Penal Code, if a person spreads rumors or makes an intrigue against a person that blemishes another’s reputation, they can be held liable for the crime of intriguing against honor. This crime can be committed through the following: “Using a scheme or… - [Credit Card for Beginners](https://lexrex.ph/credit-card/): What is a Credit Card? From a legal standpoint, a credit card falls under the definition of an “access device“. An access device is broadly defined as “any card, plate, code, account number, electronic serial number, personal identification number, or other telecommunications service, equipment, or instrumental identifier, or other means of account access that can be used to obtain money, goods, services, or any other thing of value or to initiate a transfer of funds (other than a transfer originated solely by paper instrument)”. The “credit card issuer” is governed by the “terms and conditions found in the card membership… - [What is crime?](https://lexrex.ph/what-is-crime/): A crime can be defined as an act or omission punishable by law. In the Philippines, under the Revised Penal Code (RPC), such punishable acts or omissions are specifically termed felonies (delitos). The term “offense” is generally used to refer to acts or omissions punishable under special laws. [Note that “quasi-offenses” like reckless imprudence are called “offenses” even though they are in the RPC] A minor violation of a law or ordinance is referred to as a misdemeanor. The general word “crime” can be used whether the wrongdoing is punished under the RPC or a special law. Felonies under the… - [Basics of Taxation](https://lexrex.ph/taxation-basics/): Taxation, at its core, is defined as the enforced contribution of money or property assessed in accordance with law for the purpose of defraying public expenses. This means that the government has the authority to collect funds from individuals and entities to finance the services it provides to the public. These public services are diverse and include essential functions such as national defense, law enforcement, public education, healthcare, and infrastructure projects like roads and bridges. Furthermore, taxation can also be used as a tool of police power to regulate noxious activity, as reflected in the saying “the power to tax… - [Examples of Copyrightable and Non-Copyrightable Works in the Philippines](https://lexrex.ph/examples-of-copyrightable-works-philippines/): Examples of copyright-protected works include: A musical composition is an intangible work of art protected by copyright, separate from its embodiment in sheet music or a sound recording. Non-Copyrightable Works Examples of non-copyrightable works include: - [What is a compromise agreement in the Philippines?](https://lexrex.ph/what-is-a-compromise-agreement-in-the-philippines/): A compromise agreement is a contract where parties make reciprocal concessions to either avoid a potential lawsuit or end one that has already begun. (Hector De Leon & Jurado, Civil Law Luminaries) Key aspects of a compromise agreement In criminal cases, what can be compromised? - [Who are compulsory heirs under Philippine law?](https://lexrex.ph/who-are-compulsory-heirs-under-philippine-law/): Regarding your question about compulsory heirs under Philippine law: Compulsory heirs are those entitled by law to a portion of the testator’s estate called the legitime. According to Article 887 of the Civil Code, the following are compulsory heirs: Compulsory heirs mentioned in Nos. 3 and 4 (widow/widower and illegitimate children) are not excluded by those in Nos. 1 and 2 (legitimate children/descendants and legitimate parents/ascendants), nor do they exclude one another. However, No. 1 excludes No. 2. In all cases of illegitimate children, their filiation must be duly proven. - [Criminal Law Bar Questions 2024 Suggested Answers](https://lexrex.ph/criminal-law-bar-questions-and-suggested-answers/): Sweethearts Hector and Rubi are both adventurous and daring lovers. In one of their escapades, Hector and Rubi agreed to record their coitus with a mobile phone. After a year, Rubi broke up with Hector and found a new boyfriend. Hector got extremely jealous and circulated their sex videos. Rubi filed a criminal complaint for violation of Republic Act No. 9995 or the Anti-Photo and Video Voyeurism Act of 2009. At the trial, Hector argued that he is not criminally liable because Rubi consented to the taking of the sex videos. Is Hector criminally liable for violation of Republic Act… - [The Basics of TPL Car Insurance](https://lexrex.ph/tpl-insurance/): What is a TPL Insurance? TPL or Third-Party liability insurance is a type of casualty insurance that covers liability arising from accident or mishap. The liability may arise due to death, bodily injury, and/or damage to property suffered by a third party. The victim may directly claim against the insurer. Here’s a list of companies offering TPL insurance accredited by the LTO. Coverage of TPL Insurance Third-party liability insurance for motor vehicles provides coverage for: Some companies label this as “Comprehensive TPL”, offering more protections like “Own-Damage” which covers damages due to acts of the owner. CTPL Compulsory Third Party… - [Who are responsible if a motorcycle was used in the commission of a crime?](https://lexrex.ph/who-are-responsible-if-a-motorcycle-was-used-in-the-commission-of-a-crime/): If a motorcycle is used in the commission of a crime, the following individuals can be held responsible under RA 11235 (Promulgated July 2018): 1. The Owner of the Motorcycle The criminal liability of the owner of a motorcycle used in the commission of a crime depends on several factors according to the sources, particularly the Motorcycle Crime Prevention Act (R.A. No. 11235). Here’s a summary of the owner’s potential criminal liability: It is important to note that these penalties generally apply to the owner who “participated” in the crime. The definition of “owner” under the Act also includes any… - [Civil Procedure Flowchart (Interactive)](https://lexrex.ph/civil-procedure-flowchart/): Civil Procedure Flowchart (Interactive) This is a simplified and interactive civil procedure flowchart. Click “Play” and you can do the following: Notes - [Parts and Contents of Pleading](https://lexrex.ph/parts-and-contents-of-pleading/): Based on the sources you provided, a pleading generally has several key parts and required contents. Rule 7 of the Rules of Court, as referenced in several sources, outlines these aspects. General Parts of a Pleading: According to Rule 7, a pleading typically consists of the following parts: Caption: This sets forth the name of the court, the title of the action (names of the parties and their respective participation), and the docket number if one has been assigned. The respective participation of parties in the case should be indicated in the title. For electronically-filed or served pleadings, and submissions… - [Navigating Loans in the Philippines: A Comprehensive Guide](https://lexrex.ph/loan-philippines/): Securing a loan in the Philippines can be a crucial step towards achieving your financial goals, whether it’s buying a home, starting a business, or covering unexpected expenses. However, understanding the intricacies of loan agreements is essential to make informed decisions and protect your rights. This guide will walk you through some fundamental aspects of loans based on legal principles in the Philippines. What Exactly is a Loan? At its core, a loan is a contractual agreement where one party (the lender) provides something of value to another party (the borrower). Philippine law distinguishes between two primary types of loans:… - [Crimes Against Chastity](https://lexrex.ph/crimes-against-chastity/): Suggested Answers - [PhilHealth and Its Current Issues](https://lexrex.ph/philhealth/): PhilHealth refers to the Philippine Health Insurance Corporation, which administers the National Health Insurance Program in the Philippines. It is a tax-exempt government corporation attached to the Department of Health for policy coordination and guidance. Republic Act No. 7875, known as the “National Health Insurance Act of 1995,” established PhilHealth, and this act has been amended by Republic Act No. 10606, known as the “National Health Insurance Act of 2013”. The guiding principle of the National Health Insurance Program is to adopt an integrated and comprehensive approach to health development, making essential health services available to all Filipinos at an… - [Health Insurance in the Philippines](https://lexrex.ph/health-insurance-in-the-philippines/): Health insurance is an agreement where an insurer undertakes for a consideration to indemnify another against loss, damage, or liability arising from health-related events. It concerns the insurance of the health of a person. Health insurance is a general term encompassing HMOs (Health Maintenance Organizations), Critical Illness Insurance, and MicroHealth Insurance, among others. HMOs in the Philippines The Philippine Insurance Commission provides a list of Health Maintenance Organizations (HMOs) in the Philippines with issued Certificates of Authority as of February 28, 2025 based from the Insurance Commission website. The list is as follows: Specific Benefits of an HMO I am… - [Insurance Law](https://lexrex.ph/insurance-law/): Insurance is an agreement where one party (insurer) undertakes for a consideration (premium) to indemnify another (insured) against loss arising from an unknown or contingent event. Key Elements of Insurance Parties The parties to an insurance contract are the insurer, who promises to pay for a loss, and the insured, or their beneficiary. Classes or Types of Insurance Requirement for Every Insurance A person has insurable interest if they derive pecuniary benefit from its preservation or suffer pecuniary loss from its destruction, regardless of title, lien, or possession. In property insurance, insurable interest is every interest in property (real or… - [Ten Strunk and White Tips for Law Students](https://lexrex.ph/strunk-and-white-rules-law-students/): Here are writing tips drawn from Strunk and White’s “The Elements of Style” tailored for law school scenarios. These tips can also benefit writers and professionals in other fields. Please note that this is not complete. Be sure to obtain the full book for the complete set of tips. 1. Omit needless words. Clarity is essential for communication in writing. Vigorous writing is concise, and every word should tell. Examples of wordy phrases to avoid include “call your attention to the fact that” (use “remind you”) and “the fact that he had not succeeded” (use “his failure”). Be ruthless in… - [11 Signs of a "Green Flag" Lawyer](https://lexrex.ph/clients-guide-lawyers/): Below are good qualities that clients may consider in hiring a lawyer. These are based primarily from the Code of Professional Responsibility and Accountaibility and Supreme Court cases. 1. Does not engage in dishonesty; Refrains from behaving in a scandalous manner Integrity and Honesty: A “green flag” lawyer acts with integrity and moral uprightness in all their dealings. They exhibit honesty in their interactions, both personal and professional. The legal profession is a noble calling imbued with public trust, requiring lawyers to act with these qualities. Real-life examples or violations: A. October 2021: A lawyer misrepresented and used another lawyer’s name in a civil… - [A Beginner’s Guide to Metrobank Credit Cards](https://lexrex.ph/metrobank-credit-card/): Metrobank is a major bank in the Philippines that offers a variety of credit cards, including secured options for beginners. Experiences with Metrobank credit card applications, approvals, and specific cards like the M Free Mastercard and Platinum variants are commonly lauded and discussed among cardholders. Favorite topics regarding Metrobank Credit Cards include using Secured Credit Cards (SCCs) as an entry point. Experiences with the Metrobank M Free Mastercard, especially its NAFFL (No Annual Fee For Life) feature, are also popular. Additionally, discussions around credit limit increases with Metrobank are frequently talked about. situs slot online slot thailand This guide aims… - [10 Tips for Foreigners in Getting Insurance in the Philippines](https://lexrex.ph/tips-for-foreigners-insurance-philippines/): Here are 10 tips for foreigners who want to get insurance in the Philippines, based on the provided sources: - [TRAIN Law](https://lexrex.ph/train-law/): The TRAIN Law, also known as the Tax Reform for Acceleration and Inclusion Act (Republic Act No. 10963), brought about significant changes to the Philippine taxation system, with its effects beginning in January 2018. The government’s objectives for these reforms included accelerating poverty reduction, minimizing inequality, and generating revenues for investment in the Filipino people and infrastructure. The TRAIN Law introduced amendments to several aspects of the National Internal Revenue Code of 1997 (NIRC), including: Tax Administration and Enforcement: Estate Tax: Value-Added Tax (VAT): Excise Tax: Documentary Stamp Tax (DST): The preface to the amended NIRC by Isla Lipana &… - [Martial Law in the Philippines](https://lexrex.ph/martial-law/): Martial law is a declaration by the President, permissible during invasion or rebellion when public safety necessitates it, for a period not exceeding sixty days. Martial law is the imposition of direct military control of normal civilian functions by a government. Here are the grounds, limitations and effects of martial law: Declaration and Grounds: The power to declare martial law is vested in the President of the Philippines by virtue of the 1987 Constitution. Specifically, Section 18, Article VII states that “[i]n case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding… - [Anti-Hazing Law](https://lexrex.ph/anti-hazing-law/): The Anti-Hazing Law, officially R.A. No. 8049 as amended by R.A. No. 11053, aims to eliminate the harmful practice of hazing in fraternities, sororities, and other organizations. Definition of Hazing This law defines hazing broadly as any act that results in physical or psychological suffering, harm, or injury inflicted on a recruit, neophyte, applicant, or member as part of an initiation rite or practice. “Hazing refers to any act that results in physical or psychological suffering, harm, or injury inflicted on a recruit, neophyte, applicant, or member as part of an initiation rite or practice… This shall also include any… - [VAWC Law](https://lexrex.ph/vawc-law/): The Anti-Violence Against Women and their Children (Anti-VAWC) Act of 2004 (R.A. No. 9262) addresses violence against women and their children. Rationale Behind VAWC The Supreme Court, in Garcia v. Drilon, G.R. No. 179267 (2013), emphasized that the law is a response to the societal norms and traditions that perpetuate gender inequality. It seeks to empower women and children by providing legal remedies, such as protection orders, and by criminalizing acts of violence committed by intimate partners or family members. The Court upheld the constitutionality of the law, stating that it is a valid classification based on real differences, such… - [Commercial Law Quiz](https://lexrex.ph/commercial-law-quiz/): Unlock the secrets to commercial law success with our quiz blog! Test your knowledge, sharpen your skills, and dominate those exams. 🚀 Check out these sample questions, with answers derived from bar exam Q&As: - [Can contracts be impaired for the sake of rehabilitation?](https://lexrex.ph/can-contracts-be-impaired-for-the-sake-of-rehabilitation/): Case: Chinabank vs. St. Francis Square, 2022Ponente: Justice Amy Lazaro-Javier St. Francis Square Realty Corporation (SFSRC), facing financial difficulties, entered rehabilitation proceedings in 2000, which triggered a stay order against Chinabank’s loan collection; however, Chinabank continued to impose charges and contested property releases, leading to a protracted legal battle. Before the year 2000, St. Francis loans from Chinabank (P300M), secured by several properties:• Condominium project known as The Legaspi Place located at Salcedo St., Legaspi Village, Makati City.• House and lot at No. 34 Constellation St., Bel-Air 2 Village, Makati City.• Building and lot on 7th Avenue, Caloocan City. In… - [Grandfather Rule](https://lexrex.ph/grandfather-rule/): The Grandfather Rule is used to determine the nationality of a corporation, especially when foreign ownership restrictions apply. It serves as a supplement to the Control Test to ensure the intent of the constitutional provision limiting foreign equity is upheld. Here’s a breakdown of the Grandfather Rule: - [Corpuz vs. People](https://lexrex.ph/corpuz-vs-people/): CAPTION G.R. No. 180016. April 29, 2014. https://lawphil.net/judjuris/juri2014/apr2014/gr_180016_2014.html LITO CORPUZ, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent. Ponente: J. Diosdado Peralta HIGHLIGHTED ISSUE FOR THE COURSE: EXCESSIVE FINES *Opinion of J Peralta: Ponente *Separate Dissenting Opinion – J. Abad Listen to Youtube *Listen to: SolGen Hilbay’s Speech in Youtube Special Issue raised by the Court:     Is the legality of a legal provision subject to the passage of time?      Criminal penalties involving property and inflation Actual Issue raised by petitioner:     Nature: Petition that the lower and appellate courts ERRED on four grounds of his criminal sentence.  RPC was… - [CIR vs Hantex (On Best Evidence Obtainable)](https://lexrex.ph/cir-vs-hantex-on-best-evidence-obtainable/): Short Digest One-liner title: Photocopies of tax assessments due to termite-eaten originals are not sufficient evidence to establish tax liability. Nutshell Facts Hantex is an importer of synthetic resin (for glues and plastics). An agency of the DoF investigated Handex for alleged underdeclared taxes. The agency was not able to secure copies from the BoC because the latter claimed they were eaten by termites, so the investigators reled on the machine copies of the Consumption Entries from the BoC etc. The DOF’s agency ruled that Hantex underreported an amount of more than P63M plus tax liability of around P41M.  Issue:Is… - [Borromeo vs. Descallar Digest](https://lexrex.ph/borromeo-vs-descallar-digest/): Facts: The case revolves around a dispute over real properties acquired by Wilhelm Jambrich, an Austrian national, and his Filipina girlfriend, Antonietta Descallar. After their relationship ended, Jambrich sold his rights in the properties to Camilo F. Borromeo. The trial court ruled in favor of Borromeo, but the Court of Appeals reversed this decision, stating that Jambrich could not transfer properties he did not hold title to, as the titles were in Descallar’s name. Issue: The primary issue was whether Jambrich, as an alien, could validly transfer his rights to the properties to Borromeo, a Filipino citizen, given that the properties were… - [Malaki vs. Malaki (2021)](https://lexrex.ph/malaki-vs-malaki-2021/): Doctrine: A party to a civil marriage who converts to Islam and contracts another marriage while the first marriage is subsisting is guilty of bigamy because→the provisions of the Muslim Code do not apply if the first marriage has not been legally dissolved, and the subsequent marriage does not comply with the necessary formalities. - [Medico-Legal Report Formats](https://lexrex.ph/medico-legal-report-formats/): Medico-Legal Certificate Format A Medico-Legal Certificate typically includes the following elements: Medico-Legal Judicial Affidavit Format JUDICIAL AFFIDAVIT I, [Name of Medico-Legal Officer], of legal age, with office address at [Office Address], after having been duly sworn in accordance with law, do hereby depose and state: SUBSCRIBED AND SWORN to before me this [Date] at [Location], affiant exhibiting to me his/her [ID Type and Number]. [Signature of Notary Public] [Printed Name of Notary Public] [Notarial Commission Number] - [Navigating Atome - Is It the Right Payment Option for You?](https://lexrex.ph/atome-app/): Atome is a Buy Now Pay Later (BNPL) service with a growing presence in the Philippines, offering a payment card for installment purchases. Atome’s initial appeal lies in its convenient and quick application, offering installment payment options for broader purchasing power, and its accessibility as a starter card, especially for those without traditional credit. Is Atome a helpful tool for you or a potential financial headache? I. What Exactly is Atome? Understanding Its Functionality Atome is a Buy Now Pay Later (BNPL) service provider. The Atome Card is backed by Asia United Bank (AUB). You will also notice this if… - [Bar Exam Information (2025)](https://lexrex.ph/bar-exam-information/): Bar 2026 Bar Exam 2025 Exam Dates Bar Exam 2025 Cut-off All exam questions shall be sourced from laws, rules, issuances, and jurisprudence as of June 30, 2024. Source: Supreme Court Website Bar Exam Items Required Optional but highly encouraged Other permitted items Read the rest Bar Exam 2025 Local Testing Centers Metro Manila Luzon Visayas Mindanao Source: Supreme Court Facebook Page Notes from Rodel Taton, Doctor of Civil Law Justice Amy Lazaro-Javier’s Words of Wisdom to San Sebastian College-Recoletos College of Law Graduates #BravoBaste#AMYingForExcellence#71stCommencementExercises Justice Javier inspired the graduating class with practical advice and heartfelt reminders as they prepare… - [Laches](https://lexrex.ph/laches-2/): Laches, on the other hand, is an equitable doctrine that bars a claim due to a party’s undue delay in asserting a right, which results in prejudice to the opposing party. Unlike prescription, laches is not based on a fixed statutory period but rather on the principle of equity. It considers the effect of the delay rather than the mere passage of time. Laches applies when there is a change in the condition of the property or the relations of the parties that makes it inequitable to enforce the original right [J1, J2, J4]. vs. Prescription Prescription refers to the… - [Effect and Application of Laws](https://lexrex.ph/effect-and-application-of-laws/): Civil Law Review > Effect and Application of Laws When did the New Civil Code took effect? August 30, 1950 • X had 2 spurious died. If he died in 1955, the spurious children will inherit if they are recognized voluntarily or compulsorily. If he died before Aug. 30, 1950, the children cannot inherit because under the Spanish Civil Code, spurious children cannot inherit. When do laws in the Philippines take effect? Laws take effect (1) 15 days following the publication either in (a) the Official Gazette or a in (b) a newspaper of general circulation in the Philippines, (2)… - [Ownership of Property](https://lexrex.ph/ownership-of-property/): What does it mean when you own a property? Ownership means exclusivity, enjoyment, and control. It means that you have an independent right of exclusive enjoyment and control of a thing to derive therefrom all advantages required by the reasonable needs of the owner and the promotion of the general welfare but subject to the restrictions imposed by law and the rights of others. (Reyes and Purto) Remember that ownership is not absolute. It is subject to limitations imposed by law and public policy. What are the rights that go along with the right of ownership? What is the extent… - [Social Justice](https://lexrex.ph/social-justice/): What is social justice? From Calalang vs. Williams Social justice is “neither communism, nor despotism, nor atomism, nor anarchy,” but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated. – This is the common definition based on Calalng vs. Williams which is required of law students. Basic definition It is the fair and equitable distribution of employment benefits, opportunities, and protections. It seeks to rectify social and economic imbalances by putting mechanisms in place that provide advantages for marginalized… - [What is ex post facto law?](https://lexrex.ph/what-is-ex-post-facto-law/): The 1987 Philippine Constitution explicitly prohibits the enactment of any ex post facto law. In general, the doctrine against ex post facto laws prohibits the retroactive application of penal or criminal laws if such application is prejudicial or unfavorable to the accused. This aligns with the legal maxim nullum crimen, nulla poena sine lege—there is no crime when there is no law punishing it. Characteristics An ex post facto law has three essential characteristics: Six Kinds of Ex Post Facto Laws A law is considered an ex post facto law if it falls under any of these six categories: Scope… - [Yaptinchay vs. Torres (1969) Case Digest](https://lexrex.ph/yaptinchay-vs-torres-28-scra-489-1969/): G.R. No. L-26462            June 9, 1969 Full Text Link Complete Names of Parties TERESITA C. YAPTINCHAY (COHABITATION PARTNER), petitioner, vs. HON. GUILLERMO E. TORRES, Judge of the Court of First Instance of Rizal, Pasig Branch; VIRGINIA Y. YAPTINCHAY (DAUGHTER), in her own behalf and in her capacity as Special Administratrix in the Intestate Estate of the deceased Isidro Y. Yaptinchay and JESUS MONZON, MARY YAPTINCHAY ELIGIR, ERNESTO YAPTINCHAY, ANTONIO YAPTINCHAY, ASUNCION YAPTINCHAY, JOSEFINA Y. YAPTINCHAY (LEGAL SPOUSE), ROSA Y. MONZON, ISABEL Y. VALERIANO, REMEDIOS Y. YAPTINCHAY, FELICIDAD Y. ARGUELLES, MARY DOE and JOHN DOE, respondents.… - [Casimiro Mendoza vs. CA Case Digest](https://lexrex.ph/casimiro-mendoza-vs-ca/): Parties CASIMIRO MENDOZA, Petitioner, v. HON. COURT OF APPEALS and TEOPISTA TORING TUÑACAO, Respondents. Petitioner Casimiro, the alleged father, denies that the respondent is his illegitimate child.  Casimiro was married to other women, thus, he even filed this case and claimed for damages. Respondent Teopista’s defenses are as follow: Petitioner Respondent • Vicente, illegitimate son: “Teopista’s father is a carpenter named Ondoy, not Casimiro”• It was him who sold the lot to Teopista, not the father. • Julieta Quano, petitioner’s niece, declared she never met Teopista. • Her mother told her that her father is Casimiro. She called him Papa… - [Spouses Lim vs. Lim](https://lexrex.ph/spouses-lim-vs-lim/): Facts In 1979, respondent Cheryl S. Lim (Cheryl) married Edward Lim (Edward), son of petitioners. Cheryl bore Edward three children, respondents Lester Edward, Candice Grace and Mariano III. Cheryl, Edward and their children resided at the house of petitioners in Forbes Park, Makati City, together with Edward’s ailing grandmother, Chua Giak and her husband Mariano Lim (Mariano). Edward’s family business, which provided him with a monthly salary of P6,000, shouldered the family expenses. Cheryl had no steady source of income. On 14 October 1990, Cheryl abandoned the Forbes Park residence, bringing the children with her (then all minors), after a… - [Siari Villa Estates vs. Lucasan (1960)](https://lexrex.ph/siari-villa-estates-vs-lucasan-1960/): Siari Valley Estates vs Lucasan G.R. No. L-11005. October 31, 1957    G.R. No. L-13281. August 31, 1960 Full Text Link Complete Names of Parties SIARI VALLEY ESTATES, INC., petitioner, vs. FILEMON LUCASAN, ET AL., respondents. THESIS STATEMENT X FILED a case/petition against Y on the grounds of The RELIEFS sought: FACTS PLAINTIFF  DEFENDANT Argument 1Argument 2Argument 3 Family home is beyond the reach of judicial executionLevy made by the sherriffnot in accordance with what is prescribed in Section 14, Rule 39, in relation to Section 7, Rule 59, of the Rules of Court. Who filed to SC: Siari Valley… - [Modequillo vs. Breva](https://lexrex.ph/modequillo-vs-breva/): Full text Facts Vehicular accident on March 16, 1976 and the money judgment arising therefrom was rendered by CA on January 29, 1988 (Jan 1988) against Jose Modequillo and Benito Malubay and ordering them to pay to spouses Salinas and Culan-Culan a total of P60,000 worth of damages.  6 months after, the sheriff levied two lands of Modequillo but the latter filed a motion to set aside the levy of execution  on the residential land located at Poblacion Malalag, Davao del Sur (600 square meters, MV of P34,550.00) on the ground that it is their family home since 1969 prior… ## Pages - [Payment Channels](https://lexrex.ph/payment-channels/) - [Corporate Legal Services](https://lexrex.ph/corporate-business-lawyer-bacolod/): Modern Corporate Legal Counsel & Business Registration in Bacolod We are a tech-savvy team led by a lawyer with over 15 years of digital experience. We help startups, digital agencies, and entrepreneurs build legally compliant businesses. From SEC Incorporation to secure NDAs, we handle the legal heavy lifting so you can focus on scaling. Book a Corporate Consultation Inquire About Incorporation Building a Business? Don’t Ignore the Legal Foundation. Co-Founder Disputes Do you have a clear shareholder agreement if your partner wants to leave? Regulatory Nightmares Did you register with the wrong tax classification at the BIR? Weak Contracts Are… - [Real Estate Legal Services](https://lexrex.ph/real-estate-lawyer-bacolod/): Protect Your Property Investment in Bacolod City & Negros Occidental Don’t sign a Deed of Sale without a lawyer’s review. We provide comprehensive Land Title Verification, Due Diligence, and Contract Drafting for buyers, OFWs, and investors. Request Title Verification Book a Property Consultation Buying Land? Avoid These Common Risks Double Sale Is the seller selling the same lot to multiple people? Fake Titles Is the “Mother Title” actually clean and genuine? Hidden Liens Are there unpaid taxes or mortgages attached to the property? Void Contracts Will your Deed of Sale stand up in court if the heirs complain later? Legal… - [Offshore-Counsel](https://lexrex.ph/offshore-counsel/): Philippine-Licensed Lawyer & Legal Ops Architect for Global Firms Substantive legal support, contract review, and SEO growth strategies—executed with the precision of a lawyer and the efficiency of a tech expert. Book a Strategy Call View Attorney Credentials Offshore Counsel Solutions Attorney-Level Insight As a member of the Philippine Bar, I understand jurisprudence, case theory, and procedural logic. You don’t need to simplify your instructions. Legal Operations I automate your intake, organize your discovery, and draft your routine pleadings so you can focus on court appearances. JD-Led SEO I build ranking strategies based on actual legal search intent, not just… - [You’re on the list! Watch your inbox for exclusive pre-launch insights.](https://lexrex.ph/youre-on-the-list-watch-your-inbox-for-exclusive-pre-launch-insights/) - [Student Portal](https://lexrex.ph/student-portal/): Master the Bar: The Last 20 Years of Supreme Court Jurisprudence. I am meticulously analyzing two decades of Bar Exams to create the ultimate high-yield review course. Stop guessing what will be asked; start studying what has been asked. Join the Inner Circle (Waitlist) Free Case Digests & Bar Tips on YouTube While waiting for the course, subscribe to the LexRex PH YouTube channel for bar exam content and law school tips for the JD journey. Subscribe to LexRex PH - [SEO for Legal](https://lexrex.ph/seo/): SEO AI tools are often trained on older data, which can lead to outdated outputs; hence, it is best to work with a writer who does not rely entirely on AI but uses resources to create fully human, original content. I provide research-based, SEO-aware, and easy-to-read content, but at the same time, ensure that they are plagiarism-free and as original as possible. If multiple writers use AI-generated tools to write on the same subject, they might produce very similar content.   AI must supplement, not supplant, human work. In fact, it is in the age of AI that humanity is… - [Legal Research and Writing](https://lexrex.ph/legal-research-and-writing/): Legal Research and Writing Qualities of a Good Legal Researcher by Bryan Villarosa Legal research is a service provided by LexRex, which is a critical tool in the legal profession. It is the ability to analyze facts to separate the relevant from the irrelevant. Legal research requires having a working knowledge of the available legal research tools. It includes the ability to determine the appropriate scope of study, enabling one to produce outputs within a given time or budget efficiently. As to cases, legal research is the ability to identify essential elements of a case, such as the SCRA or… - [Legal Online Assistance](https://lexrex.ph/virtual-assistance/): Reclaim 10+ Billable Hours Weekly with JD-Led Virtual Assistance Stop getting bogged down by admin. From document automation to seamless calendar management, we handle the backend so you can focus on high-level litigation. Start a Free Consultation View Admin Portfolios NDA-Protected DPA-Compliant Virtual Legal Assistance Digital Case & Document Management Streamline your firm’s workflow with meticulously organized digital files and exhibits. We handle everything from filing and indexing to uploading and categorizing documents into your Practice Management Software, such as Clio or MyCase. We also ensure all documents are converted and prepared for seamless e-filing. 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Instructions: Add to Cart > View Cart > Proceed to Check-out > Enter Your Email Address > Payment Options: Pay via Gcash - [Newsletter](https://lexrex.ph/newsletter/): [newsletter] - [About](https://lexrex.ph/about/): Attorney-at-Law with Real Estate & IT Background Based in Bacolod City, Philippines. Serving local property investors and growing enterprises in Negros Island and Iloilo, as well as offshore firms/clients navigating Philippine Law. Atty. Bryan Villarosa (Roll No. 100817) bridges the gap between traditional legal practice and the digital age. With a Juris Doctor from the University of St. La Salle and a robust background in IT consulting and real estate, Atty. Bryan doesn’t just quote the law, he provides actionable, tech-forward business strategies.  He focuses in Corporate Law, Real Estate Due Diligence, and Offshore Legal Consulting. Lex Rex translates to… - [Home](https://lexrex.ph/): LexRex Ph Search Search Attorney-at-Law and Notary Public Atty. Bryan Villarosa (Roll No. 100817) provides legal services for local property buyers, growing businesses, freelancers, and offshore firms navigating Philippine law. Explore Legal Services Book a Consultation Bound by CPRA NDA-Protected DPA-Compliant Our Legal Services Real Estate & Property Law Title verification, due diligence, and contract drafting to protect your property investments in Negros Occidental. Corporate & Business Law SEC incorporation, contract drafting, and ongoing legal retainers for startups, digital agencies, and SMEs. Offshore Legal Consulting US/Global firms: Leverage a Philippine-licensed Attorney for high-level legal research, document automation, and operational consulting.… - [Testimonials](https://lexrex.ph/testimonials/): [testimonial_view id=”1″] Submit a Testimonial - [Get Quote](https://lexrex.ph/get-quote/): Get Quote - [Sample Page](https://lexrex.ph/sample-page/): This is an example page. 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