Behiga Beja Abalde Law Office

26/08/2026

WHAT IF MY CHILD IS ACCUSED OF BULLYING?

Most parents know what to do when their child is being bullied. But what happens when the school calls and says:

“Your child is the one bullying another student.”

The natural reaction may be to defend your child. But from a legal standpoint, the better response is to understand what actually happened, protect your child's rights, and at the same time take appropriate steps to prevent the behavior from happening again.

First: Not every fight or disagreement is automatically “bullying.”

Under Republic Act No. 10627, or the Anti-Bullying Act of 2013, bullying generally refers to severe or repeated conduct, whether physical, verbal, written, social, or electronic, that causes harm or fear, creates a hostile school environment, infringes on another learner’s rights, or substantially disrupts the educational process.

A simple disagreement between classmates, an isolated misunderstanding, or ordinary childhood conflict should therefore be examined based on the actual circumstances.

This is why parents should not immediately accept(or reject) the label “bully.”

Ask: What exactly happened? How many times did it happen? Who witnessed it? Was there physical harm, threats, humiliation, intimidation, exclusion, or online harassment?

Q: If my child really bullied someone, can the school discipline him or her?

Yes.

Schools have the primary responsibility to investigate and address bullying incidents. Schools may impose appropriate disciplinary measures and, importantly, intervention programs designed to correct the learner's behavior.

The objective should not simply be punishment.

A child who bullies another child may also need counseling, behavioral intervention, guidance, values formation, or other appropriate support.

Q: Can the parents also be held liable?

Possibly.

Article 2180 of the Civil Code recognizes parental responsibility for damages caused by minor children under circumstances provided by law. The Supreme Court has explained that parental liability is connected with the parents' obligation to supervise, instruct, control, and discipline their children.

This does not mean that parents automatically become liable every time their child misbehaves.

The particular facts still matter, including whether the parents exercised appropriate diligence in supervising and guiding the child.

That is another reason parents should take a bullying complaint seriously once they become aware of it.

Ignoring repeated complaints may have very different implications from a parent who immediately investigates, coordinates with the school, disciplines the child appropriately, obtains counseling when necessary, and actively works to prevent another incident.

Q: What should I do if my child is accused of bullying?

Do not immediately say:

“Impossible. My child would never do that.”

But do not immediately condemn your child either.

Instead:

1. Ask the school for the specific allegations and circumstances of the incident.
2. Review the school's Anti-Bullying Policy and applicable procedures.
3. Allow your child to explain what happened.
4. Determine whether there are witnesses, messages, CCTV footage, screenshots, or other evidence.
5. Cooperate with appropriate school interventions and counseling.
6. Talk to your child seriously about accountability, boundaries, empathy, and consequences.
7. Document the steps you have taken as a parent.
8. If the incident involves serious injury or possible criminal conduct, consider obtaining legal advice.

Most importantly, correcting your child does not mean abandoning your child.

You can protect your child's rights while also teaching your child that hurting, humiliating, threatening, or intimidating another person has consequences.

***This material is for general legal information only and does not constitute legal advice. The appropriate legal response will depend on the child's age, the nature and severity of the alleged acts, the school's policies, and the particular circumstances of the case.***

21/08/2026

“WALA MAN KA GITANGTANG”

Ang Constructive Dismissal mahitabo kung dili ka direktang gi-terminate, pero gihimo sa employer nga lisod o dili na makatarunganon para nimo nga magpadayon sa trabaho.

Pananglitan:

📌Gipaubos imong sweldo o benepisyo nga walay sakto nga rason
📌Gi-demote ka nga walay makatarunganong basehan
📌G Dili makatarunganon ang pagtratar sa imo aron mapugos ka og resign.
📌Gihimo nga dili na maagwanta ang imong kahimtang sa trabaho.

Bisan ikaw pa ang ni-resign, kung napugos ka tungod sa binuhatan sa employer, posible gihapon nga adunay Constructive Dismissal.

Kini nga post alang lamang sa kinatibuk-ang legal nga impormasyon.

17/08/2026

“Gi-prendahan ko sa balay. Wala man ko nabayri. Ako na ba dayon ang balay?”

Dili.

Bisan pa og gihimong collateral o “prenda” ang balay sa utang, dili na daritso mahimong imoha tungod lang kay wala nakabayad ang nangutang.

Sa balaod, dili pwede nga ang giutangan daritso lang mo-angkon sa balay o yuta tungod wala na bayran ang utang.

Kung adunay lihitimo nga mortgage, kinahanglan sundon ang sakto nga proseso sa pag foreclose.

Kung sabot-sabot lang nga “ang balay akong e prenda” ug walay sakto nga dukomento, lahi ang proseso na sundon.

Sa simple nga pagkaingon:

Wala nakabayad sa utang= puwede ka maningil.

Pero dili pasabot nga imo na dayon ang balay.

*For general informational purposes only.*

16/08/2026

DO CHILDREN HAVE A SAY IF THEIR PARENTS WANT TO SELL THEIR PROPERTY?

If the property is owned solely by the parents, their children do not automatically have a share in it simply because they are their children.

Under the Civil Code, an owner has the right to enjoy and dispose of his or her property, subject to limitations provided by law.

So, while the parents are still alive and the property belongs solely to them, the children generally cannot prevent the sale or demand a share of the selling price.

“But Attorney, compulsory heir man ko. Dili ba naa koy share?”

Being a compulsory heir does not mean that you already own a portion of your parents’ property while they are still alive. As a rule, rights to succession are transmitted only upon the death of the owner.

In simple terms:

Your parents’ property is not automatically your inheritance while they are still alive.

If they legally own the property, they have the right to decide whether to keep, sell, or otherwise dispose of it.

Of course, every property transaction may have its own circumstances, so it is still best to have the title and relevant documents reviewed before a sale.

15/08/2026

DIVORCED ABROAD? IS IT RECOGNIZED IN THE PHILIPPINES?

Not automatically.

If a Filipino is divorced abroad from a FOREIGN SPOUSE, the foreign divorce generally needs to be judicially recognized in the Philippines before it can produce its legal effects here.

Under Article 26 of the Family Code, when a valid divorce abroad capacitates the foreign spouse to remarry, the Filipino spouse may likewise acquire the capacity to remarry under Philippine law.

The Supreme Court has also ruled that recognition may be possible even if the Filipino spouse initiated or obtained the foreign divorce, provided the legal requirements are satisfied.

BUT WHAT IF BOTH SPOUSES ARE FILIPINO CITIZENS?

As a general rule, TWO FILIPINO CITIZENS CANNOT VALIDLY OBTAIN A DIVORCE ABROAD AND THEN HAVE IT RECOGNIZED IN THE PHILIPPINES simply by going to a country where divorce is allowed.

Philippine laws relating to family rights and duties, status, condition, and legal capacity generally remain binding upon Filipino citizens even when they are abroad.

REMEMBER:

A foreign divorce decree does NOT automatically change your civil status in the Philippines.

The nationality of the spouses, the validity of the divorce under foreign law, and the circumstances existing at the time of the divorce are crucial.

DIVORCED ABROAD?

Before assuming that you are legally free to remarry in the Philippines, make sure the foreign divorce is one that Philippine law can recognize.

For general legal information only. Each case depends on its particular facts and applicable laws.

14/08/2026

ANNOUNCEMENT !!! 📣📣📣📣

‼️WE ARE MOVING‼️

Behiga Beja Abalde Law Office – El Salvador City Office is moving to a new location.

Starting 15 August 2026, you may visit us at:

Zone 1, Poblacion, El Salvador City
Beside JPU Lim Enterprises (now Nix Hardware)
Along the National Highway

Please refer to the map for directions.

We look forward to welcoming and serving you at our new office.

Thank you for your continued trust and support.

14/08/2026

LOST YOUR OWNER’S DUPLICATE CERTIFICATE OF TITLE?

Losing the physical copy of your title does NOT mean losing ownership of your property. However, you cannot simply ask the Registry of Deeds to issue another copy.

WHAT TO DO?

1. EXECUTE AN AFFIDAVIT OF LOSS

The loss must be reported to the Register of Deeds through an affidavit stating the circumstances of the loss or destruction. This is a mandatory requirement.

2. REGISTER AND ANNOTATE THE LOSS

The Affidavit of Loss must be registered and annotated on the original certificate of title on file with the Registry of Deeds.

3. FILE A PETITION IN COURT

The registered owner or person in interest must file a Petition for Issuance of a New Owner’s Duplicate Certificate of Title before the proper court.

4. ATTEND THE COURT HEARING

The petitioner must prove that the Owner’s Duplicate was actually lost or destroyed and that the requirements of the law have been complied with.

5. ISSUANCE OF THE NEW OWNER’S DUPLICATE

If the Court is satisfied, it may order the Register of Deeds to issue a new Owner’s Duplicate Certificate of Title in place of the lost one.

IMPORTANT: This procedure applies when the OWNER’S DUPLICATE is lost but the original title remains intact with the Registry of Deeds. This is different from reconstitution of a lost or destroyed original title.

Lost your title? Act promptly and follow the proper legal process.

For general legal information only.

13/08/2026

“MAG-RESIGN KA NA LANG.”

Sounds simple. But under Philippine labor law, a resignation must be VOLUNTARY.

An employer cannot simply avoid the requirements for a valid termination by pressuring an employee to submit a resignation letter.

A “forced resignation” may amount to CONSTRUCTIVE DISMISSAL when the circumstances show that the employee did not genuinely intend to leave, but was effectively left with no reasonable choice but to resign.

The Supreme Court applies the “reasonable person” test:

Would a reasonable person in the employee’s position have felt compelled to give up his or her employment under the circumstances?

Examples that may raise questions of constructive dismissal include:

• “Resign or we will terminate you.”
• Being pressured to sign a prepared resignation letter.
• Being subjected to harsh, hostile, discriminatory, or unbearable working conditions intended to make you leave.
• Unjustified demotion or substantial reduction of salary, benefits, rank, or responsibilities.
• Other acts showing that the supposed “resignation” was not truly voluntary.

But remember: NOT EVERY DIFFICULT WORK SITUATION IS CONSTRUCTIVE DISMISSAL.

The employee must still establish the circumstances showing that the resignation was involuntary or that the employer’s acts effectively forced the employee out. Mere allegations, suspicion, or ordinary workplace disagreements are not enough.

Likewise, the mere existence of a resignation letter does not automatically settle the issue.

When an employer relies on resignation as a defense against an illegal dismissal claim, the employer must prove that the resignation was voluntary. Courts look at the TOTALITY OF THE CIRCUMSTANCES, including what happened before, during, and after the resignation, to determine whether the employee genuinely intended to leave.

Why does this matter?

Because employees enjoy SECURITY OF TENURE. An employer cannot terminate an employee except for a just or authorized cause and in accordance with law.

So before signing a resignation letter that you did not really intend to submit, understand what you are signing and document the circumstances surrounding it.

A resignation should be a choice, not a disguised termination.

This post is for general legal information only and is not a substitute for legal advice regarding a particular case.

12/08/2026

"A person whose likeness has been misused in an AI-generated media may demand its removal from the person or entity that posted or circulated it, and may file a complaint with the Commission."

12/08/2026

VAWC - the “Economic Abuse”

One thing we often emphasize to our clients, whether men or women, when discussing “economic abuse” is this:

A spouse may be financially irresponsible, but irresponsibility does not automatically mean abuse. The law requires us to look at the circumstances and the actual acts involved, rather than simply attaching labels.

At the same time, a practical reminder, especially for women: do not lose your financial independence just because you are in a relationship or marriage.

Love wholeheartedly, but protect yourself too.

Continue to study. Work if you can. Save something for yourself. Give yourself the opportunity to build your own career or livelihood. Maintain your friendships. Enjoy life outside your relationship. Most importantly, make sure that you and your children have some form of financial security.

Marriage is a partnership, but your entire identity, future, and financial security should not depend solely on another person.

We enter relationships hoping that love will last. But circumstances change, relationships evolve, and sometimes, love fades. Preparing yourself financially is not a lack of trust; it is simply being responsible. In fact, giving yourself and your partner the freedom to remain financially secure and independent can be one of the greatest forms of genuine love.

Know your rights. Protect your future. And never lose yourself in the process.

— Behiga, Beja & Abalde Law Office

This post is for general legal information and awareness only and should not be considered legal advice for any specific case.