Skip to content

My Boss Keeps Sending me Inappropriate Messages, What Can I Do?

DSLaw Criminal Law Series

MY BOSS KEEPS SENDING ME INAPPROPRIATE MESSAGES, WHAT CAN I DO? [Understanding the Anti-Sexual Harassment Act]

Aside from the usual work-related e-mails, an employee receives the following messages from her boss: vulgar jokes, sexually explicit images and requests for sexual favors in return for career advancement. The boss likewise invites her for dinner after office hours, with threats that there will be consequences when she declines.  

How should the superior’s acts be classified?

It may be classified as sexual harassment.

Sexual harassment is an imposition of misplaced “superiority” which is enough to dampen an employee’s spirit and her capacity for advancement.[1]  Under the Anti-Sexual Harassment Act, it is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted.[2]|

If you have been a victim of sexual harassment, speak up and hire a lawyer today.

[1] Philippine Aeolus Automotive United Corporation v. NLRC, 387 Phil. 256, 265, (2000).

[2] Rep. Act No. 7877, sec. 3, (1995).

How Can We Help?

Our lawyers at Delloro Saulog Law Offices can explain your rights under the Anti-Sexual Harassment Act. We can start working on the strategy to take legal action against the harasser. We can likewise examine the specifics of your situation and determine if you may be entitled to monetary damages, as you file the case.

For more information on how we can help you, book a consultation with us below.

I was Arrested without a Warrant; Can I File a Case against the Arresting Officer?

DSLaw Criminal Law Series

I WAS ARRESTED WITHOUT A WARRANT; CAN I FILE A CASE AGAINST THE ARRESTING OFFICER [Understanding Warrantless Arrests under the Rules on Criminal Procedure]

If you are arrested without a warrant, does it automatically mean that it was an unlawful arrest? Not necessarily.

Section 5, Rule 113 of the Rules on Criminal Procedure provides the following circumstances when an arrest without warrant is lawful:

A peace officer or a private person may, without a warrant, arrest a person:

a) When in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;

b) When an offense has in fact just been committed, and he has personal knowledge of facts indicating that the person to be arrested has committed it; and

c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

Thus, if the incident falls under the foregoing, then it is still considered a lawful warrantless arrest.

How Can We Help?

If your case is beyond Section 5, Rule 113 of the Rules on Criminal Procedure, it would be wise to consult a lawyer.

Our lawyers at Delloro Saulog Law Offices can explain if it is an unlawful arrest. Such is committed by any person who, in any case other than those authorized by law, or without reasonable ground therefor, shall arrest or detain another for the purpose of delivering him to the proper authorities.[1]

Know your human rights and individual liberties.

For more information on how we can help you, book a consultation with us below.

[1] Revised Penal Code, art. 269, (1930).

My Friend Borrowed Money and Issued a Bouncing Check. How Can I Recover my Money?

DSLaw Criminal Law Series

MY FRIEND BORROWED MONEY AND ISSUED A BOUNCING CHECK. HOW CAN I RECOVER MY MONEY [Understanding the Bouncing Checks Law]

Borrowing money from a friend is a popular resort when one is in need. A creditor would usually ask for some kind of guarantee in the form of a check. If the debtor-friend obliged and issued a check which later on bounced, how can the creditor recover the money?

The Bouncing Checks Law[1] is your ally. It punishes the issuance of a bouncing check and not the purpose for which it was issued, nor the terms and conditions relating to its issuance.[2]
The law provides for certain elements, to wit:

a. the accused makes, draws, or issues any check to apply to account or for value;

b. the accused knows 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; and

c. the check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment.[3]

[1] B.P. Blg. 22, (1979).

[2] Wong v. Court of Appeals, G.R. No. 117857, (2001).

[3] People v. Flores, G.R. Nos. 146921-22, (2002).

How Can We Help?

Our lawyers at Delloro Saulog Law Offices have extensive experience in litigating crimes committed under the Bouncing Checks Law. Said law has strict time limitations and requirements before its institution, so it would be wise to confer with a lawyer now.

For more information on how we can help you, book a consultation with us below.

What Can I Do When My Identity is Being Used by Another in Facebook?

DSLaw Data Privacy Law Series

WHAT CAN I DO WHEN MY IDENTITY IS BEING USED BY ANOTHER IN FACEBOOK? [Understanding the Cybercrime Prevention Act of 2012]

You are one of the few persons who do not believe in social media. One day, a friend calls you and tells you how excited she was upon seeing your profile in Facebook. Allegedly, you have been reconnecting with your network and asking them to invest money on your new business. This is where the crucial confusion begins.What happened in this scenario is a classic identity theft.

Under Republic Act No. 10175, otherwise known as the Cybercrime Prevention Act of 2012, ‘Computer-related Identity Theft’ is the intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another without right.[1] Under the said law, it is punishable by imprisonment or a fine.

The law further provides:       

“All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act.”[2]

Identity theft should be acted upon shortly to prevent further damage on your person.

[1] Republic Act No. 10175, sec. 4, (2012).

[2] Republic Act No. 10175, sec. 6, (2012).

How Can We Help?

In this age of advanced information and communication technology, identity theft is prevalent.[1]

Our lawyers at Delloro Saulog Law Offices can help you protect your identity. Through the mechanisms provided by the Cybercrime Prevention Act of 2012, let us stop the illegal assumption of your name and identity, and any illegal act the perpetrator may carry out from it.

For more information on how we can help you prevent identity theft, book a consultation with us below.

[1] Republic v. Sereno, G.R. No. 237428, (2018).

For more information on how we can help you, book a consultation with us below.

How Can My Foreign Divorce Decree be Recognized in the Philippines?

DSLaw Remedial Law Series

HOW CAN MY FOREIGN DIVORCE DECREE BE RECOGNIZED IN THE PHILIPPINES? [Understanding the Recognition of Foreign Divorce in the Philippines]*

After enduring years of tumultuous marriage, Maria, a Filipino citizen, filed for divorce against her Japanese spouse, Kota. Maria’s husand did not oppose it because under Japanese law a grant of divorce will capacitate him to remarry. Maria’s divorce petition was later granted by the Japanese court with finality.

Wanting to fully move on from her heartbreak, Maria decides to start her life anew in her homeland. She now asks: how can my foreign divorce be recognized in the Philippines?

In Garcia v. Recio, the Court established the principle that before a foreign divorce decree is recognized in the Philippines, a separate action must be instituted for that purpose. Courts do not take judicial notice of foreign laws and foreign judgments; thus, our laws require that the divorce decree and the national law of the foreign spouse must be pleaded and proved like any other fact before trial courts[1]. Thus, in Corpuz v. Sto. Tomas, the Court explained that:

The starting point in any recognition of a foreign divorce judgment is the acknowledgment that our courts do not take judicial notice of foreign judgments and laws. Justice Herrera explained that, as a rule, “no sovereign is bound to give effect within its dominion to a judgment rendered by a tribunal of another country.” This means that the foreign judgment and its authenticity must be proven as facts under our rules on evidence, together with the alien’s applicable national law to show the effect of the judgment on the alien himself or herself. The recognition may be made in an action instituted specifically for the purpose or in another action where a party invokes the foreign decree as an integral aspect of his claim or defense[2].

Consequently, judicial recognition of a foreign divorce requires that the national law of the foreign spouse and the divorce decree be pleaded and proved as a fact before the Regional Trial Court. The Filipino spouse may be granted the capacity to remarry once our courts find that the foreign divorce was validly obtained by the foreign spouse according to his or her national law, and that the foreign spouse’s national law considers the dissolution of the marital relationship to be absolute [3].

[1] G.R. No. 138322, 418 Phil. 723, 725 (2001).

[2] G.R. No. 186571, 642 Phil. 420, 432 (2010).

[3] Racho v. Tanaka, G.R. No. 199515, (2018).

*About the Author: DSLaw’s Of Counsel Atty. Severo C. Madrona Jr., LL.M., Ph.D is the Dean and a Professor of the College of Law, City University of Pasay. He is also a published author and concurrently a professorial lecturer teaching law, history and public administration subjects in various universities such as the University of the Philippines Diliman, Ateneo de Manila University and De La Salle University, to name a few. 

IN CASE YOU MISSED IT: DS Law Family Series: Can I File For Divorce Abroad If I am a Filipino Citizen?

How Can We Help?

At Delloro & Saulog Law Offices, we can assist you in the preparation of the Petition for Recognition of the Foreign Divorce.

We can facilitate the authentication and certification of the “divorce decree” and the “official law on divorce” of the foreign country where the divorce was obtained by either party pursuant to Rule 132, Section 24 of the Rules of Court.

Thereafter, we can represent you in filing the petition before the trial court.

For more information on how we can help you, book a consultation with us below.

Are Employees Entitled to Holiday Pay on Labor Day amid ECQ?

DSLaw Labor Law Series

ARE EMPLOYEES ENTITLED TO HOLIDAY PAY ON LABOR DAY AMID ECQ? [Understanding the Payment of Wages for May 1, 2020, a Regular Holiday, under DOLE Labor Advisory No. 15 Series of 2020]?

Employees presumably look forward to regular holidays because they are given the opportunity to take time off from work and yet still get paid without having to break sweat. For those employees required to work on holidays, they are also rewarded with double pay for a single day’s work.

During this COVID-19 pandemic, one may ask, are employees entitled to holiday pay on Labor Day[1] amid the Enhanced Community Quarantine (ECQ?)?

The Department of Labor and Employment (DOLE) Labor Advisory No. 15 Series of 2020 provides for the answer.

Based on the said Advisory, the general rule on holiday pay still applies. Thus, employees who do not report to work are still entitled to their daily wage. On the other hand, those employees obliged to work on a holiday, whether in the office or at home, are entitled to double pay. [2]

However, by way of exception, due consideration is likewise given to employers who are grappling with the COVID-19 situation. Thus, the Advisory further states:

Due to the existence of a national emergency arising from the COVID-19 outbreak, employers are allowed to defer payment of the holiday pay on 1 May 2020 until such time the emergency situation has been abated and the normal operations of the establishment are in place.

Establishments which totally closed during the ECQ, employers are exempted from payment of the holiday pay.

This advisory appears to be consistent with the State’s policy to maintain the delicate balance between the welfare of the employees and the right of the employers. Nevertheless, we suggest that while the DOLE has devised these mechanisms to help cushion and alleviate the economic impact of the COVID-19 outbreak, we urge the employers to provide more than what the law requires in keeping with the principles of Corporate Social Responsibility.

[1] Labor day was declared a regular holiday per Presidential Proclamation No. 845 (2019).

[2] Presidential Decree 441,As Amended [LABOR CODE], art 94(b).

How Can We Help?

Our lawyers at Delloro Saulog Law Offices (DSLaw) can help you understand your rights and obligations as employers or employees especially in view of the peculiar circumstances brought about by the COVID-19 pandemic. We are here to help both employers and employees work in synchrony to ensure the continuity of business and commerce in these challenging times.

As the world honors all the workers today, DS Law joins the global community in saluting all the workers for their invaluable contribution to the society. Most especially, we tip our hats to all the medical and health workers and other frontliners who courageously risk their own lives on a daily basis in order that we may hurdle and overcome this pandemic sooner rather than later.

Happy Labor Day!

For more information on how we can help you, book a consultation with us below.

The Register of Deeds Lost My Land Title, Should I be Concerned?

DSLaw Real Estate Law Series

THE REGISTER OF DEEDS LOST MY LAND TITLE, SHOULD I BE CONCERNED? [Understanding the Laws and Procedure on Reconstitution of Lost Titles]

Under P.D. 1529, the Registry of Deeds is the primary agency in charge of the safekeeping and custody of land titles.[1] However, the said land titles may be lost or destroyed even while in the possession of their custodian. As a land owner, you may ask, why should I be concerned?  

P.D. 1529 provides the answer, to wit:

“Reconstitution of lost or destroyed original of Torrens title. Original copies of certificates of title lost or destroyed in the offices of Register of Deeds as well as liens and encumbrances affecting the lands covered by such titles shall be reconstituted judicially in accordance with the procedure prescribed in Republic Act No. 26 insofar as not inconsistent with this Decree.”[2]

Reconstitution can either be through an administrative or a judicial proceeding.

Administrative reconstitution may be availed of only in case of substantial loss or destruction of land titles due to fire, flood or other force majeure under certain conditions.[3] Otherwise, the remedy will be through a judicial reconstitution by filing a petition before the appropriate court. [4}

The purpose of the reconstitution of a titles, documents, books, or records is to have the same reproduced in the same forms they were when the loss or destruction occurred, after observing the procedure prescribed by law.[5]

Verily, a property owner must be concerned about the reconstitution of his title even if it were the Register of Deeds who lost it. The law makes it the obligation of the property owner to institute the judicial proceeding for reconstitution when the loss or destruction of the property title does not meet the requirements to warrant an administrative proceeding for reconstitution which is instituted at the instance of the Register of Deeds.

For clarity, a real property such land or condominium is registered and covered by two separate original titles, one copy is with the property owner and another copy is with the Register of Deeds. To be binding upon the whole world, any lien or transaction covering a particular property must be reflected in the title with the Register of Deeds as it is reflected in the duplicate original copy of title in the possession of a property owner. With this, reconstitution of title is a matter of necessity.

After a successful reconstitution proceeding, the property owner is then restored to perform proprietary acts or acts of dominion such as sale, mortgage, and lease.

[1] Development Bank of the Phils. v. Acting Register of Deeds of Nueva Ecija, UDK No. 7671, (1988).

[2] P.D. 1529, sec. 110, (1978).

[3] RA No. 26, as amended by RA No. 6732

[4] Ibid.

[5] Serra v. Court of Appeals, G.R. Nos. L-34080 & L-34693, (1991).

How Can We Help?

Our lawyers at Delloro Saulog Law Offices can help you file a Petition for Reconstitution under P.D. 1529. Reconstitution may be quite tedious. Our lawyers can help you evaluate your documents, file the proper petition, and guide you in all stages of court hearings.

For more information on how we can help you file a petition for reissuance, book a consultation with us below.

I Lost My Land Title, What Should I Do Now?

DSLaw Real Estate Law Series

I LOST MY LAND TITLE, WHAT SHOULD I DO NOW? [Understanding the Laws and Procedures on Reissuance of Lost Title under Section 109 of Presidential Decree No. 1529}

Property registration in the Philippines follows the Torrens System, which recognizes a title as the best evidence of ownership of real property, such as lands and condominiums [1].  These property titles may be in the form of an Original Certificate of Title, a Transfer Certificate of Title, or a Condominium Certificate of Title.

For many property owners, having a title confirming their ownership provides them with a sense of security and peace of mind. After all, if you do not have your title in your possession, it can give rise to different presumptions and implications. For instance, it may be interpreted that you have actually sold or mortgaged your property to another person. Worse, if a third person gets hold of your title, he/she may validly transfer ownership of your property to a so-called purchaser for value and in good faith under certain circumstances [2].

But, what if the said title is lost or destroyed? What can the owner do to secure his ownership? Section 109 of Presidential Decree No. 1529 provides for a remedy, which states in part: 

Upon the petition of the registered owner or other person in interest, the court may, after notice and due hearing, direct the issuance of a new duplicate certificate, which shall contain a memorandum of the fact that it is issued in place of the lost duplicate certificate, but shall in all respects be entitled to like faith and credit as the original duplicate, and shall thereafter be regarded as such for all purposes of this decree.

          In a nutshell, the procedure for securing a new certificate of title is commenced by executing an affidavit of loss and thereafter filing it with the Registry of Deeds of the province or city where the property is located. Then, the applicant files a petition with the appropriate Regional Trial Court to conduct reissuance proceedings. Once the petition is granted by the court, the judge shall order the issuance of a new title, which will be entitled to the same faith and credence as the duplicate original title[3]. The property owner can now freely use the reissued title to transact and perform proprietary acts or acts of dominion such as sale, mortgage, and lease.

          Thus, if you have lost or otherwise misplaced your title, but have not yet commenced a judicial proceeding for its reissuance, you can execute a Notice of Loss and file the same with the appropriate Register of Deeds to initially protect your property from possible fraudulent transactions. If you want to have peace of mind, take action now and talk to your real estate lawyer.

[1]  Adobon v. Adobon, G.R. No. 155830, (2012).

[2] Yap v. Republic of the Philippines, G.R. No. 199810, (2017).

[3] Section 109, PD 1529.

How Can We Help?

Our lawyers at Delloro & Saulog Law Offices can help you file a petition for reissuance under Presidential Decree No. 1529. This petition will help you restore your lost title in its original form and condition. 

Our lawyers will help you in the preparation of the necessary documents (i.e. Sworn Statement and the Petition for Reissuance of Lost Title, among others). 

For more information on how we can help you file a Petition for Reissuance of your Lost Title, book a consultation with us below. 

What Should I Do When I Receive an Online Subpoena in Time of COVID-19?

DSLaw Rules of Procedure Series

WHAT SHOULD I DO WHEN I RECEIVE AN ONLINE SUBPOENA IN TIME OF COVID-19? [Understanding the Nature of Subpoena under the Philippine Rules of Court]

During this COVID-19 pandemic, several subpoenas have been sent out to individuals over their social media posts.[1] When people receive said legal order, it is normal to feel anxious, curious or worse, scared. But what is a subpoena, really?

The Philippine Rules of Court defines subpoena as a process directed to a person requiring him to attend and to testify at the hearing or any investigation conducted by competent authority. It may also require him to bring with him any books, documents, or other things under his control.[2]

In the Philippines, the following are authorized to issue a subpoena: the Judiciary, the Philippine National Police,[3] the Philippine Drug Enforcement Agency,[4] and the National Bureau of Investigation, among others.[5]

For the sake of administrative subpoena, it is enough that the proposed investigation be for a lawfully authorized purpose, and that the proposed witness be claimed to have information that might shed some helpful light.[6]

[1] L. Buan, Rappler: NBI summons ‘more than a dozen’ for coronavirus posts, (2020).

[2] Rule 21, (1997).

[3] Rep. Act No. 10973, sec. 1, (2017).

[4] Rep. Act No. 9165, sec. 84, (2002).

[5] Rep. Act No. 10867, sec. 4, (2015).

[6] Evangelista v. Jarencio, G.R. No. L-29274, (1975).

How Can We Help?

When receiving a subpoena, it is important to consult with a lawyer.

At Delloro & Saulog Law Offices, our lawyers can assist you in subpoena-verification. Our lawyers are also capable to identify the nitty-gritty of the documents the agency concerned should bear, and the documents needed on your end. Let us guide you through the process.

For more information on how we can help you, book a consultation with us below.

Can a Filipino File for Divorce Abroad?

DSLaw Family Law Series

CAN I FILE FOR DIVORCE ABROAD IF I AM A FILIPINO CITIZEN? [Understanding Article 26 of the Family Code of the Philippines]

It is of common knowledge that there is no divorce in the Philippines just yet. In fact, the Philippines is the only country in the world without divorce law other than the Vatican. However, a party from a mixed marriage can validly wonder, “Can I file for divorce abroad if I am a Filipino citizen?”

The pertinent provision of the Family Code is found in Paragraph 2 of Article 26, which provides that:

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have the capacity to remarry under Philippine law.

The purpose of Paragraph 2 of Article 26 is to avoid the absurd situation where the Filipino spouse remains married to the alien spouse who, after a foreign divorce decree that is effective in the country where it was rendered, is no longer married to the Filipino spouse. The provision is a corrective measure to address an anomaly where the Filipino spouse is tied to the marriage while the foreign spouse is free to marry under the laws of his or her country.[1]

Nevertheless, a plain reading of the law suggests that the one who must initiate the divorce proceeding is the alien spouse and not the Filipino spouse. So, can a Filipino spouse validly file a divorce proceeding and obtain a divorce decree abroad?

In the fairly recent case of Republic vs. Manalo,[2] the Supreme Court has ruled in the affirmative explaining that: “A prohibitive view of Paragraph 2 of Article 26 would do more harm than good. If We disallow a Filipino citizen who initiated and obtained a foreign divorce from the coverage of Paragraph 2 of Article 26 and still require him or her to first avail of the existing “mechanisms” under the Family Code, any subsequent relationship that he or she would enter in the meantime shall be considered as illicit in the eyes of the Philippine law.”

It must be emphasized that this scenario applies only to a mixed marriage which presupposes that a Filipino spouse is married to a foreign national. Nevertheless, you still need to file for a Petition for Recognition of Foreign Divorce Decree before the Philippine Court of Law in order for your foreign divorce decree to have a legal effect in the Philippine jurisdiction.

[1] Fujiki v. Marinay, supra note 20, at 555.

[2] Republic v. Manalo, G.R. No. 221029, [April 24, 2018])

How Can We Help?

Our lawyers at Delloro & Saulog Law Offices specialize in marriage and family law. We can provide you a competent representation, if you opt to institute the appropriate legal proceedings.

For more information on how we can help you, book a consultation with us below.