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Cumigad Law Offices Full Service Law Firm in Tuguegarao City providing client-focused representation in criminal, civil, family, labor and property law and litigation.

Your rights, our commitment.

27/06/2026

⚖️ SUPREME COURT UPDATE | R**E THROUGH CARNAL KNOWLEDGE MAY NOW BE COMMITTED BY A WOMAN AGAINST A MAN

In a landmark En Banc decision, the Supreme Court clarified that r**e through carnal knowledge is no longer legally confined to a male offender and a female victim.

The Court explained that with the enactment of Republic Act No. 11648, the law now states that r**e is committed by “a person who shall have carnal knowledge of another person.” This gender-neutral wording recognizes that women may likewise commit r**e through carnal knowledge, and that men and boys can also be victims of r**e.

The case involved an 11-year-old boy who was allegedly forced by an adult woman to have s*xual in*******se. Since the incident occurred in 2018, before RA No. 11648 took effect, the accused could not be convicted of r**e without violating the constitutional prohibition against ex post facto laws. Instead, the Supreme Court convicted her of Statutory Acts of Lasciviousness.

More importantly, the Court acknowledged that limiting r**e to male offenders reflects outdated and patriarchal views that fail to recognize the trauma suffered by male victims. The decision affirms that s*xual violence is not determined by the gender of the offender or the victim, but by the absence of lawful consent and the protection guaranteed by law.

📌 Key Takeaway:
Beginning with offenses committed after the effectivity of RA No. 11648 (March 4, 2022), r**e through carnal knowledge may be committed regardless of the offender’s or the victim’s s*x, consistent with the gender-neutral language of the law.

Case: Maliclic v. People, G.R. No. 280727, February 4, 2026 (En Banc)

Know Your Rights! New Update
27/06/2026

Know Your Rights! New Update

11/05/2026
🌾⚖️ SUPREME COURT: Not Every Land Dispute is an Agrarian CaseIn Mercado v. Heirs of Serafin De Guzman (G.R. No. 225427, ...
10/05/2026

🌾⚖️ SUPREME COURT: Not Every Land Dispute is an Agrarian Case

In Mercado v. Heirs of Serafin De Guzman (G.R. No. 225427, January 26, 2026), the Supreme Court clarified that merely involving agricultural land does NOT automatically make a case an agrarian dispute.

📌 DARAB only has jurisdiction when there is a true tenancy or leasehold relationship involving:
✔️ cultivation
✔️ agricultural production
✔️ sharing of harvests
✔️ tenant-landowner relationship

Here, the parties merely had a loan/mortgage arrangement — not tenancy — so DARAB had NO jurisdiction.

⚠️ The Court also emphasized:
✅ Reallocation of CARP land is an ADMINISTRATIVE matter under the DAR Secretary.
✅ A void judgment never becomes final and may be challenged anytime.

📚 Important reminder for land and agrarian cases:
Jurisdiction depends on the existence of a genuine agrarian relationship — not simply because the property is agricultural land.

⚖️ KNOW YOUR RIGHTS SERIESEXTRAJUDICIAL SETTLEMENT OF ESTATEDid a family member pass away without leaving a will? In som...
09/05/2026

⚖️ KNOW YOUR RIGHTS SERIES
EXTRAJUDICIAL SETTLEMENT OF ESTATE

Did a family member pass away without leaving a will? In some cases, the heirs may settle the estate without going to court through an Extrajudicial Settlement.

📌 WHAT IS AN EXTRAJUDICIAL SETTLEMENT?

It is a legal process where the heirs divide the estate of a deceased person among themselves without filing a court case.

📌 WHEN IS IT ALLOWED?

Generally, the following must be present:

✔️ The deceased left no will
✔️ The deceased left no unpaid debts (or the debts have been settled)
✔️ All heirs agree to the settlement
✔️ The heirs are all of legal age, or minors are properly represented

📌 WHY IS IT IMPORTANT?

An Extrajudicial Settlement is often needed before:
✔️ transferring land titles
✔️ withdrawing bank deposits
✔️ selling inherited property
✔️ processing tax clearances

📌 IMPORTANT REMINDER

Failure to properly settle an estate may lead to:
⚠️ title problems
⚠️ disputes among heirs
⚠️ tax penalties
⚠️ difficulties in selling inherited property

Every estate situation is different and may require proper legal guidance.

For legal assistance regarding estate settlement, inheritance, land transfers, and property concerns, message Cumigad Law Offices.

📍 Tuguegarao City, Cagayan
📞 +63 917 556 9699

⚖️ HOW TO FILE AN ESTAFA CASE IN THE PHILIPPINESIf someone deceived you, misappropriated your money, or issued a bouncin...
09/05/2026

⚖️ HOW TO FILE AN ESTAFA CASE IN THE PHILIPPINES

If someone deceived you, misappropriated your money, or issued a bouncing check, you may have legal remedies under the crime of Estafa.

📌 GENERAL PROCESS:

1️⃣ GATHER EVIDENCE
Prepare documents such as receipts, screenshots, contracts, promissory notes, bank records, demand letters, and conversations.

2️⃣ SEND A DEMAND LETTER
In many estafa cases, especially involving misappropriation or bounced checks, a formal demand is important.

3️⃣ EXECUTE A COMPLAINT-AFFIDAVIT
A sworn statement narrating the facts and attaching supporting evidence is prepared.

4️⃣ FILE THE CASE BEFORE THE PROSECUTOR’S OFFICE
The complaint is filed before the Office of the City or Provincial Prosecutor where the offense was committed.

5️⃣ RESPONDENT FILES COUNTER-AFFIDAVIT
The accused is given the opportunity to answer the allegations.

6️⃣ PRELIMINARY INVESTIGATION
The prosecutor evaluates the evidence to determine if probable cause exists.

7️⃣ FILING OF INFORMATION IN COURT
If probable cause is found, the criminal case is filed in court.

⚠️ Every case depends on the available evidence and circumstances involved.

For legal assistance regarding estafa, fraud, collections, and criminal cases, message Cumigad Law Offices.

📍 2nd Floor Reyes Medical Hub, Caggay National, Tuguegarao City
📞 +63 917 556 9699

⚖️ DECLARATION OF NULLITY OF MARRIAGEStep-by-Step Process in the Philippines1️⃣ CONSULT A LAWYERDiscuss your marital his...
09/05/2026

⚖️ DECLARATION OF NULLITY OF MARRIAGE
Step-by-Step Process in the Philippines

1️⃣ CONSULT A LAWYER
Discuss your marital history and possible legal grounds for nullity.

2️⃣ PSYCHOLOGICAL EVALUATION
A psychologist or psychiatrist may conduct an assessment and prepare a report if psychological incapacity is involved.

3️⃣ PREPARATION OF PETITION
Your lawyer prepares and files the Petition for Declaration of Nullity before the proper Family Court.

4️⃣ RAFFLE & SUMMONS
The case is raffled to a judge and summons are served to the other spouse.

5️⃣ PROSECUTOR’S INVESTIGATION
The prosecutor checks if there is collusion between the parties.

6️⃣ PRE-TRIAL
The court identifies issues and marks evidence and witnesses.

7️⃣ COURT HEARINGS
The petitioner, psychologist, and witnesses testify in court.

8️⃣ COURT DECISION
The judge decides whether the marriage is void from the beginning.

9️⃣ REGISTRATION OF DECISION
Once final, the decision is registered with the Local Civil Registrar and PSA.

⚠️ Every case is different. The process, duration, and requirements depend on the facts and evidence involved.

For legal assistance and consultation regarding declaration of nullity of marriage, message Cumigad Law Offices.



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2nd Floor Reyes Medical Hub Caggay National Highway
Tuguegarao City
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