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Daet, Camarines Norte
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Justice cannot be bullied into submission. We are loud and proud to be the chosen representatives of this case. Thank yo...
14/08/2026

Justice cannot be bullied into submission.

We are loud and proud to be the chosen representatives of this case. Thank you for allowing us to advocate for you and help ensure that your concerns were met with the seriousness they deserved.

30/07/2026
22/07/2026

Welcome to D&G Law Office! โš–๏ธ

๐Ÿ•: Open at 09:00am to 05:00pm โ€“ Monday to Friday!

๐Ÿ“: Visit us at 2/F, Villa Magana-Guinto Building, J. Lukban Street, Barangay 3, Daet, Camarines Norte.

19/07/2026

The (SC) has ruled that the infliction of psychological violence, if done through Facebook, is considered done through information and communications technology, which warrants the imposition of a higher penalty pursuant to Section 6 of RA 10175 or the ๐˜Š๐˜บ๐˜ฃ๐˜ฆ๐˜ณ๐˜ค๐˜ณ๐˜ช๐˜ฎ๐˜ฆ ๐˜—๐˜ณ๐˜ฆ๐˜ท๐˜ฆ๐˜ฏ๐˜ต๐˜ช๐˜ฐ๐˜ฏ ๐˜ˆ๐˜ค๐˜ต ๐˜ฐ๐˜ง 2012.

In a Resolution penned by Associate Justice Ramon Paul L. Hernando, the SCโ€™s First Division affirmed with modification its October 22, 2025 Decision (assailed Decision), which upheld the conviction of an individual (###) for committing psychological violence under Section 5(i) of Republic Act (RA) No. 9262, or the ๐˜ˆ๐˜ฏ๐˜ต๐˜ช-๐˜๐˜ช๐˜ฐ๐˜ญ๐˜ฆ๐˜ฏ๐˜ค๐˜ฆ ๐˜ˆ๐˜จ๐˜ข๐˜ช๐˜ฏ๐˜ด๐˜ต ๐˜ž๐˜ฐ๐˜ฎ๐˜ฆ๐˜ฏ ๐˜ข๐˜ฏ๐˜ฅ ๐˜›๐˜ฉ๐˜ฆ๐˜ช๐˜ณ ๐˜Š๐˜ฉ๐˜ช๐˜ญ๐˜ฅ๐˜ณ๐˜ฆ๐˜ฏ ๐˜ˆ๐˜ค๐˜ต ๐˜ฐ๐˜ง 2004 (Anti-VAWC Act) against his ex-girlfriend (AAA) by posting derogatory statements about her on Facebook.

The SC, however, resolved to raise the penalty by one degree, considering that the offense was committed through Facebook, as adequately alleged in the Information and established during trial.

AAA filed the VAWC case against her former partner ### after he posted a statement on Facebook calling her a dirty woman and an animal, and threatening to box her when he sees her. He repeated the insults in the comments to the post, which was public.

During trial, AAA presented screenshots of the Facebook post and testified that she had created for ### the Facebook account which made the post. Her two siblings testified that the account was ###โ€™s and that they received messages from him through the same account.

Despite ###โ€™s denial, the SC, in its assailed Decision, affirmed the decisions of the Family Court and the Court of Appeals (CA) convicting ###, stressing that in criminal cases, the prosecution must prove not only the elements of the crime but also the identity of the offender. The SC also upheld the penalty imposed by the CA, consisting of imprisonment for six months and one day to eight years and one day, a fine of PHP 100,000, and psychological counseling or psychiatric treatment.

Resolving ###โ€™s Motion for Reconsideration, the SC held that ###โ€™s authorship of the Facebook post was established beyond reasonable doubt, using the guideposts it established in its assailed Decision:

๐Ÿ. ๐€๐๐ฆ๐ข๐ฌ๐ฌ๐ข๐จ๐ง ๐จ๐Ÿ ๐จ๐ฐ๐ง๐ž๐ซ๐ฌ๐ก๐ข๐ฉ ๐จ๐ซ ๐š๐ฎ๐ญ๐ก๐จ๐ซ๐ฌ๐ก๐ข๐ฉ;
๐Ÿ. ๐๐ž๐ข๐ง๐  ๐ฌ๐ž๐ž๐ง ๐š๐œ๐œ๐ž๐ฌ๐ฌ๐ข๐ง๐  ๐ญ๐ก๐ž ๐š๐œ๐œ๐จ๐ฎ๐ง๐ญ ๐จ๐ซ ๐œ๐จ๐ฆ๐ฉ๐จ๐ฌ๐ข๐ง๐  ๐ญ๐ก๐ž ๐ฉ๐จ๐ฌ๐ญ;
๐Ÿ‘. ๐‚๐จ๐ง๐ญ๐š๐ข๐ง๐ข๐ง๐  ๐ข๐ง๐Ÿ๐จ๐ซ๐ฆ๐š๐ญ๐ข๐จ๐ง ๐ค๐ง๐จ๐ฐ๐ง ๐จ๐ง๐ฅ๐ฒ ๐ญ๐จ ๐ญ๐ก๐ž ๐จ๐Ÿ๐Ÿ๐ž๐ง๐๐ž๐ซ ๐จ๐ซ ๐š ๐Ÿ๐ž๐ฐ ๐ฉ๐ž๐จ๐ฉ๐ฅ๐ž;
๐Ÿ’. ๐‹๐š๐ง๐ ๐ฎ๐š๐ ๐ž ๐œ๐จ๐ง๐ฌ๐ข๐ฌ๐ญ๐ž๐ง๐ญ ๐ฐ๐ข๐ญ๐ก ๐ญ๐ก๐ž ๐จ๐Ÿ๐Ÿ๐ž๐ง๐๐ž๐ซโ€™๐ฌ ๐œ๐ก๐š๐ซ๐š๐œ๐ญ๐ž๐ซ๐ข๐ฌ๐ญ๐ข๐œ๐ฌ;
๐Ÿ“. ๐‘๐ž๐œ๐จ๐ซ๐๐ฌ ๐Ÿ๐ซ๐จ๐ฆ ๐ญ๐ก๐ž ๐ข๐ง๐ญ๐ž๐ซ๐ง๐ž๐ญ ๐ฌ๐ž๐ซ๐ฏ๐ข๐œ๐ž ๐ฉ๐ซ๐จ๐ฏ๐ข๐๐ž๐ซ, ๐ญ๐ž๐ฅ๐ž๐œ๐จ๐ฆ๐ฆ๐ฎ๐ง๐ข๐œ๐š๐ญ๐ข๐จ๐ง๐ฌ ๐œ๐จ๐ฆ๐ฉ๐š๐ง๐ฒ, ๐จ๐ซ ๐ฌ๐จ๐œ๐ข๐š๐ฅ ๐ฆ๐ž๐๐ข๐š ๐ฌ๐ข๐ญ๐ž, ๐š๐ง๐ ๐ซ๐ž๐ฌ๐ฎ๐ฅ๐ญ๐ฌ ๐Ÿ๐ซ๐จ๐ฆ ๐๐ž๐ฏ๐ข๐œ๐ž ๐Ÿ๐จ๐ซ๐ž๐ง๐ฌ๐ข๐œ ๐š๐ง๐š๐ฅ๐ฒ๐ฌ๐ข๐ฌ ๐ฌ๐ก๐จ๐ฐ๐ข๐ง๐  ๐ ๐ž๐จ๐ฅ๐จ๐œ๐š๐ญ๐ข๐จ๐ง ๐Ÿ๐ž๐š๐ญ๐ฎ๐ซ๐ž๐ฌ, ๐š๐ง๐ ๐จ๐ญ๐ก๐ž๐ซ ๐š๐ญ๐ญ๐ซ๐ข๐›๐ฎ๐ญ๐ž๐ฌ ๐ฅ๐ข๐ง๐ค๐ข๐ง๐  ๐ญ๐ก๐ž ๐š๐œ๐œ๐จ๐ฎ๐ง๐ญ ๐ญ๐จ ๐ญ๐ก๐ž ๐จ๐Ÿ๐Ÿ๐ž๐ง๐๐ž๐ซ;
๐Ÿ”. ๐€๐œ๐ญ๐ฌ ๐œ๐จ๐ง๐ฌ๐ข๐ฌ๐ญ๐ž๐ง๐ญ ๐ฐ๐ข๐ญ๐ก ๐ฉ๐ซ๐ž๐ฏ๐ข๐จ๐ฎ๐ฌ ๐ฉ๐จ๐ฌ๐ญ๐ฌ; ๐จ๐ซ
๐Ÿ•. ๐Ž๐ญ๐ก๐ž๐ซ ๐ข๐ง๐ฌ๐ญ๐š๐ง๐œ๐ž๐ฌ ๐ฌ๐ก๐จ๐ฐ๐ข๐ง๐  ๐จ๐ฐ๐ง๐ž๐ซ๐ฌ๐ก๐ข๐ฉ, ๐š๐œ๐œ๐ž๐ฌ๐ฌ, ๐จ๐ซ ๐š๐ฎ๐ญ๐ก๐จ๐ซ๐ฌ๐ก๐ข๐ฉ.

The authorship of the Facebook post and all the elements of psychological violence having been established, the SC said Section 6 of the ๐˜Š๐˜บ๐˜ฃ๐˜ฆ๐˜ณ๐˜ค๐˜ณ๐˜ช๐˜ฎ๐˜ฆ ๐˜—๐˜ณ๐˜ฆ๐˜ท๐˜ฆ๐˜ฏ๐˜ต๐˜ช๐˜ฐ๐˜ฏ ๐˜ˆ๐˜ค๐˜ต ๐˜ฐ๐˜ง 2012 applies, which mandates the imposition of a penalty higher by one degree for crimes and offenses committed using ICT. The use of ICT can enable offenders to evade liability, reach more victims, or cause greater harm.

Citing the definition of ICT, the Court ruled that social media platforms, such as Facebook, qualify as ICT systems because they allow users to generate, send, receive, store, and process electronic data messages through computers, mobile phones, or similar electronic devices.

In this case, the Information alleged that ### made the Facebook post using his "Facebook Messenger Accountโ€ฆ which was set to public view." The SC ruled that this statement constitutes a sufficient allegation of the use of ICT as a qualifying circumstance. Even if the term "ICT" was not stated, the Information adequately informed ### that he is being charged of inflicting psychological violence upon AAA through Facebook, which falls under the contemplation of an ICT system.

The allegation was established by the prosecution during trial.

Thus, the Court increased the penalty by one degree from six months and one day to eight years and one day to imprisonment of six years and one day to 14 years, eight months, and one day, but retained the fined PHP 100,000. He was likewise ordered to undergo psychological counseling or psychiatric treatment.

Read the full text of the press release at https://sc.judiciary.gov.ph/?p=168987

Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=168968

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

19/07/2026

Upholding the right to free speech, the (SC) has dismissed petitions for indirect contempt arising from public statements critical of its 2025 decision in ๐˜‹๐˜ถ๐˜ต๐˜ฆ๐˜ณ๐˜ต๐˜ฆ ๐˜ท. ๐˜๐˜ฐ๐˜ถ๐˜ด๐˜ฆ ๐˜ฐ๐˜ง ๐˜™๐˜ฆ๐˜ฑ๐˜ณ๐˜ฆ๐˜ด๐˜ฆ๐˜ฏ๐˜ต๐˜ข๐˜ต๐˜ช๐˜ท๐˜ฆ๐˜ด, which declared the fourth impeachment complaint against Vice President Sara Duterte unconstitutional.

In a Decision penned by Senior Associate Justice Marvic M.V.F. Leonen, the SC ๐˜Œ๐˜ฏ ๐˜‰๐˜ข๐˜ฏ๐˜ค dismissed the consolidated petitions against political analyst Richard J. Heydarian, Representative Percival Cendaรฑa, and Presidential Adviser for Poverty Alleviation Secretary Lorenzo โ€œLarryโ€ G. Gadon (respondents).

After the release of the decision in ๐˜‹๐˜ถ๐˜ต๐˜ฆ๐˜ณ๐˜ต๐˜ฆ ๐˜ท. ๐˜๐˜ฐ๐˜ถ๐˜ด๐˜ฆ ๐˜ฐ๐˜ง ๐˜™๐˜ฆ๐˜ฑ๐˜ณ๐˜ฆ๐˜ด๐˜ฆ๐˜ฏ๐˜ต๐˜ข๐˜ต๐˜ช๐˜ท๐˜ฆ๐˜ด, Heydarian posted on X and Facebook that former President Rodrigo โ€œ๐˜‹๐˜ถ๐˜ต๐˜ฆ๐˜ณ๐˜ต๐˜ฆ ๐˜ฉ๐˜ข๐˜ฅ ๐˜ข๐˜ฑ๐˜ฑ๐˜ฐ๐˜ช๐˜ฏ๐˜ต๐˜ฆ๐˜ฅ ๐˜ข๐˜ด ๐˜ฎ๐˜ข๐˜ฏ๐˜บ ๐˜ข๐˜ด 13 ๐˜ฐ๐˜ถ๐˜ต ๐˜ฐ๐˜ง ๐˜ต๐˜ฉ๐˜ฆ 15 ๐˜š๐˜ถ๐˜ฑ๐˜ณ๐˜ฆ๐˜ฎ๐˜ฆ ๐˜Š๐˜ฐ๐˜ถ๐˜ณ๐˜ต ๐˜ซ๐˜ถ๐˜ด๐˜ต๐˜ช๐˜ค๐˜ฆ๐˜ด ๐˜ฃ๐˜บ 2022โ€ while Rep. Cendaรฑa posted a video on Facebook claiming that the Supreme Court disregarded the Constitution, its own decision and the principle of separation of powers, calling it โ€œ๐˜š๐˜ถ๐˜ฑ๐˜ณ๐˜ฆ๐˜ฎ๐˜ฆ ๐˜Š๐˜ฐ๐˜ฅ๐˜ฅ๐˜ญ๐˜ฆ๐˜ณ ๐˜ฐ๐˜ง ๐˜ต๐˜ฉ๐˜ฆ ๐˜—๐˜ฉ๐˜ช๐˜ญ๐˜ช๐˜ฑ๐˜ฑ๐˜ช๐˜ฏ๐˜ฆ๐˜ด.โ€ Sec. Gadon, for his part, referred to the SC in media interviews as โ€œ๐˜ต๐˜ถ๐˜ต๐˜ข ๐˜ฏ๐˜จ ๐˜ฎ๐˜จ๐˜ข ๐˜‹๐˜ถ๐˜ต๐˜ฆ๐˜ณ๐˜ต๐˜ฆ.โ€

These statements prompted Attys. Mark Kristopher G. Tolentino, Rolex Suplico, and Ferdinand S. Topacio to file petitions asking the SC to cite the respondents for indirect contempt. They claimed that the statements questioned the SCโ€™s independence, undermined its decisions, and weakened public trust in the Judiciary.

The SC, however, found that the statements did not amount to indirect contempt.

Rule 71, Section 3 of the ๐˜™๐˜ถ๐˜ญ๐˜ฆ๐˜ด ๐˜ฐ๐˜ง ๐˜Š๐˜ฐ๐˜ถ๐˜ณ๐˜ต punishes conduct that degrades the courts or damages their reputation. There must be a clear showing that the speaker intended to impede or obstruct the administration of justice.

While contempt proceedings help protect judicial independence and public confidence in the Judiciary, the SC emphasized that courts must also respect and uphold the freedoms of speech, expression, and the press.

The SC explained that political speech, which includes statements about government actions, public officials, and matters of public concern, enjoys the highest level of constitutional protection. It is not automatically punishable even if it is harsh or inaccurate.

Applying the stricter incitement test, the SC said political speech may be restricted only if it is intended and likely to cause imminent lawless action. In making this determination, courts look beyond the literal meaning of the words and consider their performative aspect: the speakerโ€™s intent, the context in which the speech was made, and its likely effect.

Under this standard, a person may be held liable for contempt only if the speech advocates lawless conduct that threatens the administration of justice.

Applying these principles, the SC found that the respondentsโ€™ statements were political speech relating to the impeachment case of Vice President Duterte, a matter of significant public interest involving public accountability.

The SC found Heydarianโ€™s post a fair comment on a matter of public interest and, when read together with his other posts, did not show bad faith, malice, or disrespect toward the SC. While the statement may have reflected bias, it remained protected speech.

As for Rep. Cendaรฑaโ€™s remarks, the SC said although they were accusatory, they only showed his disappointment with the ruling and were not meant to interfere with the administration of justice. The SC considered his statements as expressions of opinion and an understandable reaction to an unfavorable decision.

Finally, the SC found that while Sec. Gadonโ€™s remark was disrespectful, it did not amount to contempt because it was not intended to interfere with court proceedings or influence any pending case. Instead, it was an expression of opinion on an issue that was widely debated by both supporters and critics of the SCโ€™s decision.

Respondents were reminded, however, to encourage thoughtful and constructive public discussion of Judiciaryโ€™s decision, to show greater respect, restraint and care in publicly criticizing the Judiciary, and to express their criticisms with civility and fairness.

Read the full text of the press release at https://sc.judiciary.gov.ph/?p=169021

Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=168894

Read the Separate Opinion of Associate Justice Alfredo Benjamin S. Caguioa at https://sc.judiciary.gov.ph/e-01742-e-01747-separate-opinion-justice-alfredo-benjamin-s-caguioa/

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

๐‡๐š๐ฉ๐ฉ๐ฒ ๐Ÿ๐ง๐ ๐€๐ง๐ง๐ข๐ฏ๐ž๐ซ๐ฌ๐š๐ซ๐ฒ, ๐ƒ&๐† ๐‹๐š๐ฐ ๐Ž๐Ÿ๐Ÿ๐ข๐œ๐ž! โš–๏ธ๐ŸŽ‰Today, we celebrate two years of dedication, growth, and service. What began a...
16/07/2026

๐‡๐š๐ฉ๐ฉ๐ฒ ๐Ÿ๐ง๐ ๐€๐ง๐ง๐ข๐ฏ๐ž๐ซ๐ฌ๐š๐ซ๐ฒ, ๐ƒ&๐† ๐‹๐š๐ฐ ๐Ž๐Ÿ๐Ÿ๐ข๐œ๐ž! โš–๏ธ๐ŸŽ‰

Today, we celebrate two years of dedication, growth, and service. What began as a shared vision has become a journey filled with meaningful work, valued clients, and countless opportunities to uphold justice and make a difference in our community.

As we mark this milestone, we extend our heartfelt gratitude to our clients, colleagues, family, and friends for their trust and support throughout the years. We look forward to continuing this journey with the same commitment, integrity, and passion that have guided us from the very beginning.

๐˜พ๐™๐™š๐™š๐™ง๐™จ ๐™ฉ๐™ค ๐™ฉ๐™ฌ๐™ค ๐™ฎ๐™š๐™–๐™ง๐™จ ๐™ค๐™› ๐™จ๐™š๐™ง๐™ซ๐™ž๐™˜๐™š, ๐™จ๐™ช๐™˜๐™˜๐™š๐™จ๐™จ, ๐™–๐™ฃ๐™™ ๐™Ÿ๐™ช๐™จ๐™ฉ๐™ž๐™˜๐™š. ๐™ƒ๐™–๐™ฅ๐™ฅ๐™ฎ 2๐™ฃ๐™™ ๐˜ผ๐™ฃ๐™ฃ๐™ž๐™ซ๐™š๐™ง๐™จ๐™–๐™ง๐™ฎ, ๐˜ฟ&๐™‚ ๐™‡๐™–๐™ฌ ๐™Š๐™›๐™›๐™ž๐™˜๐™š!๐Ÿฅ‚โœจโš–๏ธ

29/06/2026

SC: Security Agency Cannot Avoid Overtime Pay Through "Broken Period" Scheme

The Supreme Court ruled that a security agency cannot evade its obligation to pay overtime compensation by imposing a so-called "broken period" work schedule when security guards, in reality, render continuous 12-hour shifts.

"It was simply impractical, inconvenient, and uneconomical for the security guards, who are minimum wage earners, to report to work, go home and/or leave Ecoland's premises, only to report back within the same day. Thus, the Court agrees with the NLRC that the broken period scheme employed by Seabren was made to circumvent our labor laws and avoid paying petitioners their overtime pay.."

-INTING, J.

Supreme Court, Third Division
October 21, 2024

Stuck with a name you donโ€™t like? Say less, be like Sharmaine and contact D&G Law Office now! ๐ŸŠ๐Ÿ“2F, Villa Magana-Guinto ...
23/06/2026

Stuck with a name you donโ€™t like? Say less, be like Sharmaine and contact D&G Law Office now! ๐ŸŠ

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