Verba Legis PH

20/08/2026

Parents jointly exercise parental authority.

Under Article 211 of the Family Code:

"The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father’s decision shall prevail, unless there is a judicial order to the contrary.

Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority."

Duran & Duran-Schulze Law is a family law firm in the Philippines, specializing in child custody, child support, and other family-related matters. For legal consultations, email us at [email protected].

20/08/2026

⚖️ 𝐀𝐃𝐌𝐈𝐒𝐒𝐈𝐎𝐍 𝐁𝐘 𝐒𝐈𝐋𝐄𝐍𝐂𝐄
An act or declaration made in the presence and within the hearing or observation of a party who does or says nothing when the act or declaration is such as naturally to call for action or comment if not true, and when proper and possible for him or her to do so, may be given in evidence against him or her. (Sec. 33, Rule 130)

🧠 𝙍𝙖𝙩𝙞𝙤𝙣𝙖𝙡𝙚
The rule is anchored on human behavior and common experience, that is a person would normally deny an untrue accusation and silence, when a response is expected, may imply agreement or acquiescence. Thus, failure to deny may be taken as acceptance of the statement.

🧩 𝙍𝙚𝙦𝙪𝙞𝙨𝙞𝙩𝙚𝙨
For silence to be considered an admission, the following must concur:
1. He must have heard or observed the act or declaration of the other person;
2. He must have had the opportunity to deny it;
3. He must have understood the statement;
4. He must have an interest to object, such that he would naturally have done so, if the statement was not true;
5. The facts were within his knowledge; and
6. The fact admitted or the inference to be drawn from his silence is material to the issue

‼️ 𝙉𝙊𝙏𝙀: The rule on admission by silence does NOT apply when a person is under an official investigation. The silence of a person under a custodial investigation for the commission of an offense should not be construed as an admission by silence because a person has the right to remain silent and to be informed of that right under the Constitution.

19/08/2026

The (SC) has ruled that a sales agent’s promise to issue a Contract to Sell after payment of reservation fee is not an “advertisement” under Presidential Decree No. (PD) 957, or the 𝘚𝘶𝘣𝘥𝘪𝘷𝘪𝘴𝘪𝘰𝘯 𝘢𝘯𝘥 𝘊𝘰𝘯𝘥𝘰𝘮𝘪𝘯𝘪𝘶𝘮 𝘉𝘶𝘺𝘦𝘳𝘴’ 𝘗𝘳𝘰𝘵𝘦𝘤𝘵𝘪𝘷𝘦 𝘋𝘦𝘤𝘳𝘦𝘦, that would form part of developer’s warranties. However, the developer may still be required to refund a buyer if it fails to honor that promise.

In a Decision written by Associate Justice Maria Filomena D. Singh, the SC’s Third Division ordered Empire East Land Holdings, Inc. (Empire East) to refund the payments made by John Edrem Bautista (Bautista) after it failed to issue the promised Contract to Sell.

Bautista paid Empire East for a residential unit PHP 130,000, consisting of a PHP 20,000 reservation fee and PHP 110,000 in additional payments. He claimed he made the payments because Empire East’s sales agent promised to issue a Contract to Sell once he paid the reservation fee. When more than a year passed without the contract being issued, Bautista stopped making payments and demanded a refund.

The SC, agreeing with both the Human Settlements Adjudication Commission (HSAC) and the Court of Appeals which ruled in Bautista’s favor, held that Bautista was entitled to a refund but clarified that the sales agent’s promise did not fall under Section 19 of PD 957.

The SC clarified that Section 19, which mandates truthful and non-misleading advertisements and sales materials, applies only to materials intended for the general public, such as those in those in newspapers, radio, TV, or similar mass communication channels. It does not cover promises made by a sales agent to individual buyers.

The SC emphasized that buyers remain protected, as developers may still be held liable under their contractual obligations and other applicable laws.

The SC ordered Empire East to refund Bautista the PHP 130,000 with interest of 6% per annum reckoned from the filing of the complaint in 2012, as well as to pay PHP 260,000 in exemplary damages, which courts award to discourage wrongful conduct and warn against similar actions.

Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=171359.

Read the full text of the Decision at https://sc.judiciary.gov.ph/wp-content/uploads/2026/05/272556-1.pdf.

Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attributionon-policy.

19/08/2026

🦁 📝 𝐒𝐁𝐂𝐀-𝐂𝐁𝐎 𝟮𝟬𝟮𝟲 𝐁𝐀𝐑 𝐋𝐄𝐂𝐓𝐔𝐑𝐄 𝐒𝐄𝐑𝐈𝐄𝐒 𝐍𝐎𝐓𝐄𝐒 - 𝑵𝑬𝑾𝑳𝒀 𝑨𝑫𝑫𝑬𝑫: 𝗣𝗼𝗹𝗶𝘁𝗶𝗰𝗮𝗹 𝗟𝗮𝘄 - 𝗝𝘂𝘀𝘁𝗶𝗰𝗲 𝗚𝗲𝗻𝗲𝗿 𝗠. 𝗚𝗶𝘁𝗼

The San Beda College Alabang - Centralized Bar Operations (SBCA-CBO) remains steadfast in its mission to equip Bar takers with essential academic resources for their Bar preparations. As part of this commitment, we proudly present the 𝟮𝟬𝟮𝟲 𝗕𝗮𝗿 𝗟𝗲𝗰𝘁𝘂𝗿𝗲 𝗦𝗲𝗿𝗶𝗲𝘀 𝗡𝗼𝘁𝗲𝘀, a compilation of lecture notes transcribed from the insights and expertise of our esteemed Bar Lecturers.

These transcript notes, meticulously 𝗽𝗿𝗲𝗽𝗮𝗿𝗲𝗱 𝗯𝘆 𝘁𝗵𝗲 𝗦𝗕𝗖𝗔-𝗖𝗕𝗢 𝗔𝘀𝘀𝗲𝘀𝘀𝗺𝗲𝗻𝘁, 𝗟𝗲𝗮𝗿𝗻𝗶𝗻𝗴, 𝗮𝗻𝗱 𝗗𝗲𝘃𝗲𝗹𝗼𝗽𝗺𝗲𝗻𝘁 (𝗔𝗟𝗗) 𝗖𝗼𝗺𝗺𝗶𝘁𝘁𝗲𝗲, 𝗶𝗻 𝗽𝗮𝗿𝘁𝗻𝗲𝗿𝘀𝗵𝗶𝗽 𝘄𝗶𝘁𝗵 𝘁𝗵𝗲 𝗕𝗲𝗱𝗮𝗻 𝗟𝗮𝘄 𝗥𝗲𝘃𝗶𝗲𝘄 (𝗕𝗟𝗥), serve as a valuable supplement to our Bar Lecture Series, providing structured and comprehensive discussions aligned with the Bar syllabus.

📌 𝗔𝘃𝗮𝗶𝗹𝗮𝗯𝗹𝗲 𝗕𝗮𝗿 𝗟𝗲𝗰𝘁𝘂𝗿𝗲 𝗧𝗿𝗮𝗻𝘀𝗰𝗿𝗶𝗽𝘁𝘀 𝗳𝗼𝗿 𝟮𝟬𝟮𝟲: (to be updated as transcripts become available)
*(𝙉𝙀𝙒!) 𝙋𝙤𝙡𝙞𝙩𝙞𝙘𝙖𝙡 𝙇𝙖𝙬 - 𝙅𝙪𝙨𝙩𝙞𝙘𝙚 𝙂𝙚𝙣𝙚𝙧 𝙈. 𝙂𝙞𝙩𝙤
* 𝘾𝙧𝙞𝙢𝙞𝙣𝙖𝙡 𝙇𝙖𝙬: 𝘼𝙩𝙩𝙮. 𝙅𝙤𝙡𝙤 𝙂𝙤𝙣𝙯𝙖𝙡𝙚𝙨
* 𝙍𝙚𝙢𝙚𝙙𝙞𝙖𝙡 𝙇𝙖𝙬 𝙋𝙖𝙧𝙩 2: 𝘿𝙚𝙖𝙣 𝙅𝙤𝙧𝙙 𝙅𝙝𝙖𝙧𝙤𝙖𝙝 𝙑𝙖𝙡𝙚𝙣𝙩𝙤𝙣
* 𝙍𝙚𝙢𝙚𝙙𝙞𝙖𝙡 𝙇𝙖𝙬 𝙋𝙖𝙧𝙩 1 - 𝙑𝙞𝙘𝙚 𝘿𝙚𝙖𝙣 𝙁𝙧𝙖𝙣𝙘𝙚𝙨𝙘𝙖 𝙇𝙤𝙪𝙧𝙙𝙚𝙨 𝙈. 𝙎𝙚ñ𝙜𝙖
* 𝘾𝙤𝙢𝙢𝙚𝙧𝙘𝙞𝙖𝙡 𝙇𝙖𝙬 - 𝘼𝙩𝙩𝙮. 𝙏𝙞𝙢𝙤𝙩𝙚𝙤 𝘼𝙦𝙪𝙞𝙣𝙤
* 𝙋𝙪𝙗𝙡𝙞𝙘 𝙄𝙣𝙩𝙚𝙧𝙣𝙖𝙩𝙞𝙤𝙣𝙖𝙡 𝙇𝙖𝙬 - 𝘿𝙚𝙖𝙣 𝙅𝙪𝙖𝙣 𝙍𝙪𝙛𝙛𝙤 𝘾𝙝𝙤𝙣𝙜
* 𝙒𝙞𝙡𝙡𝙨 𝙖𝙣𝙙 𝙎𝙪𝙘𝙘𝙚𝙨𝙨𝙞𝙤𝙣 - 𝘼𝙩𝙩𝙮. 𝙅𝙤𝙣𝙖𝙨 𝙅𝙤𝙨𝙝 𝘾𝙖𝙗𝙤𝙘𝙝𝙖𝙣
* 𝙋𝙚𝙧𝙨𝙤𝙣𝙨 𝙖𝙣𝙙 𝙁𝙖𝙢𝙞𝙡𝙮 𝙍𝙚𝙡𝙖𝙩𝙞𝙤𝙣𝙨 𝙇𝙖𝙬 - 𝘼𝙩𝙩𝙮. 𝙈𝙖. 𝙀𝙡𝙞𝙯𝙖 𝘾𝙖𝙢𝙞𝙡𝙡𝙚 𝙔𝙖𝙢𝙖𝙢𝙤𝙩𝙤-𝙎𝙖𝙣𝙩𝙤𝙨
* 𝙏𝙖𝙭𝙖𝙩𝙞𝙤𝙣 𝙇𝙖𝙬 - 𝘼𝙩𝙩𝙮. 𝙐𝙚𝙡𝙡𝙖 𝙑𝙞𝙙𝙖 𝙂𝙖𝙮𝙤
* 𝙇𝙖𝙗𝙤𝙧 𝙇𝙖𝙬 (𝙋𝙖𝙧𝙩 1) - 𝘼𝙩𝙩𝙮. 𝙋𝙖𝙪𝙡𝙞𝙣𝙤 𝙐𝙣𝙜𝙤𝙨, 𝙄𝙄𝙄
* 𝙇𝙚𝙜𝙖𝙡 𝙖𝙣𝙙 𝙅𝙪𝙙𝙞𝙘𝙞𝙖𝙡 𝙀𝙩𝙝𝙞𝙘𝙨 𝙬𝙞𝙩𝙝 𝙋𝙧𝙖𝙘𝙩𝙞𝙘𝙖𝙡 𝙀𝙭𝙚𝙧𝙘𝙞𝙨𝙚𝙨 - 𝘼𝙩𝙩𝙮. 𝙅𝙤𝙝𝙣 𝙅𝙖𝙘𝙤𝙢𝙚

🔗 𝗔𝗰𝗰𝗲𝘀𝘀 𝘁𝗵𝗲 𝟮𝟬𝟮𝟲 𝗕𝗮𝗿 𝗟𝗲𝗰𝘁𝘂𝗿𝗲 𝗧𝗿𝗮𝗻𝘀𝗰𝗿𝗶𝗽𝘁𝘀 by scanning the QR code in the photo or through this link: https://tinyurl.com/2026-CBO-Transcript-Notes

⚠️ 𝗗𝗶𝘀𝗰𝗹𝗮𝗶𝗺𝗲𝗿: These materials are free of charge and are available to every interested Bar candidate, law student, or learner. However, the San Beda College Alabang Centralized Bar Operations sternly reminds all users that the materials released by the San Beda College Alabang School of Law Centralized Bar Operations shall not be reproduced, distributed, shared, or transmitted in any form or by any means, including photocopying, recording, or other electronic means of release to third parties other than those for whom they are intended and the purpose for which they were produced.

The SBCA-CBO acknowledges the intellectual property rights of the shared academic properties by the respective Bar Lecturers. All materials are exclusively intended for educational purposes, devoid of any intention for financial gain or profitability.

18/08/2026

A corporation with an expired term may apply for revival.

"A corporation whose term has expired may apply for a revival of its corporate existence, together with all the rights and privileges under its certificate of incorporation and subject to all of its duties, debts and liabilities existing prior to its revival. Upon approval by the Commission, the corporation shall be deemed revived and a certificate of revival of corporate existence shall be issued, giving it perpetual existence, unless its application for revival provides otherwise."

— Section 11(4), Revised Corporation Code of the Philippines (R.A. 11232)

18/08/2026

18/08/2026

CASE: ### vs. People of the Philippines, G.R. No. E-00648, JUL 2, 2026

A mere breach of a promise to marry is not punishable under Section 5(i) of R.A. No. 9262. However, when the offender's willful acts surrounding the withdrawal of the marriage, such as arbitrarily withdrawing the marriage license application in a manner intended to inflict emotional manipulation and public humiliation, cause mental or emotional suffering to a woman with whom he has a dating or sexual relationship, criminal liability for psychological violence may arise.

The RTC and the CA did not penalize petitioner for the breach of promise to marry itself. Section 5(i) of Republic Act No. 9262 specifically penalizes acts that cause mental or emotional suffering.

"his "willful" withdrawal of the marriage license—knowing the victim was pregnant and had already announced the union—constitutes a form of emotional manipulation and public humiliation that fits the definition of psychological violence."

"where an act—even one involving marriage applications—is used as a tool to inflict psychological trauma on a woman in a dating or sexual relationship, the law must be interpreted to hold the offender liable."

https://sc.judiciary.gov.ph/e-00648-###-vs-people-of-the-philippines/

17/08/2026

The has acquitted a woman of bigamy, ruling that a prior marriage that was void from the beginning (𝘷𝘰𝘪𝘥 𝘢𝘣 𝘪𝘯𝘪𝘵𝘪𝘰) may be raised as a defense even without a prior judicial declaration of nullity.

In a Decision penned by Associate Justice Alfredo Benjamin S. Caguioa, the SC’s Third Division reversed the ruling of the Regional Trial Court (RTC) Pampanga and the Court of Appeals (CA), which had found Ma. Fe Imelda Lapira guilty of bigamy.

Lapira faced a bigamy charge under Article 349 of the 𝘙𝘦𝘷𝘪𝘴𝘦𝘥 𝘗𝘦𝘯𝘢𝘭 𝘊𝘰𝘥𝘦 for marrying Jimmy Fariscal while still married to Takahiko Sato as evidenced by a marriage certificate from the Office of the Civil Registrar General.

During trial, Lapira argued that her marriage to Sato was void because no ceremony took place and no marriage license had been issued, both of which were required for validity. The Local Civil Registrar confirmed that there was no record of the application for a marriage license for Lapira and Sato.

In acquitting Lapira, the SC applied its ruling in the 2021 case of 𝘗𝘶𝘭𝘪𝘥𝘰 𝘷. 𝘗𝘦𝘰𝘱𝘭𝘦, which held that an accused in a bigamy case may directly argue that a previous marriage is void as a defense, even without a prior court declaration.

The SC explained that one of the essential elements of bigamy is the existence of a valid prior marriage. If the first marriage was void from the beginning, that element is absent.

In this case, the certification from the Local Civil Registrar sufficiently proved that no marriage license was issued to Lapira and Sato. This certification was enough to counter the presumption of the marriage certificate’s validity.

Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=171178.

Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=165698.

Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attributionon-policy.

17/08/2026

Ang tunay na layunin ng batas ay proteksyon, hindi pagtatangi.