Land Transfer and Titling

Suretyship and guaranty, distinguished Dear PAO, Is there a difference between a contract of suretyship and a contract of guaranty? My sister has asked me to sign as a surety for her loan, and the lending company gave me the option either to stand as surety or to act as my sister’s guarantor. Which option is more optimal in terms of my...

SC disbars La Trinidad court clerk for misconduct, dishonesty The Supreme Court (SC) has disbarred and dismissed from service a clerk of court for demanding money from a litigant to safekeep land titles and assist in a case. In a 22-page decision, the SC En Banc found the clerk of court of the La Trinidad, Benguet Regional Trial Court (RTC) guilty of grave mis...

No such thing as frustrated theft Dear PAO, My brother was caught by the guard while he was taking items from a store. The barangay said he should be charged with “frustrated theft” because he was not able to leave the store or enjoy the items. Is there really a crime of frustrated theft? Rambo Dear Rambo, No. Philippine law doe...

Criminal case may be dismissed based on principle of retroactivity of penal laws Dear PAO, I was charged under a special law, but Congress thereafter passed a new law that changes the rules. My lawyer says the new law works in my favor. Can it apply to my case even though what I did happened before the new law existed? Ranya Dear Ranya, Yes. Under Article 22 of the Revised Penal...

Principle of promissory estoppel Dear PAO, I have a question regarding the money claims of my brother against the company where he worked for almost 20 years. He resigned involuntarily because the president and CEO told him that the company had suffered losses due to a lack of market demand and significant debts caused by a market....

Can allowing a teacher a graceful exit be considered illegal dismissal? AS access to knowledge and information for educational purposes becomes easier with the influx of modern technology and digital solutions, ethical and administrative issues also rise. Maintaining academic honesty and integrity among teachers and students is crucial amidst the temptations of instant....

Authorized signatories of corporations and bounced checks MANILA, Philippines — The law against bouncing checks, or Batas Pambansa Blg. 22 (BP 22), was enacted to address the rampant issuance of bouncing checks. At that time, the circulation of bouncing checks had adversely affected confidence in trade and commerce. Because of this, Congress moved to cri...

Weight standards as a bona fide occupational qualification Dear PAO, My best friend who is an international flight steward for a certain airline developed a weight problem which prompted his employer to advise him to take an extended vacation to address it. Instead of losing weight, it was discovered that he had gained more. My best friend committed to losi...

Existence of an employer-employee relationship is determined by law Dear PAO, May I be enlightened on how the existence of employer-employee relationships is determined or established? As between an alleged contract that says "You are not an employee" and the nature of work being rendered, which carries more weight? Michelle Dear Michelle, For brevity, permit me to....

Presumption of legitimacy for children born into valid, subsisting marriages Dear PAO, My mother used to be married to another man. Shortly after they wed, they decided to separate but they never bothered to have their marriage declared null and void. They have been estranged ever since. Eventually, my mother met my father and although they could not tie the knot because of....

The crime of passion Dear PAO, As per my noontime telenovela, I learned that a husband can legally kill his wife and her paramour if such husband caught them in the act of infidelity. Is there some legal truth in this? Jay Dear Jay, Your telenovela may have referred to Article 247 of the Revised Penal Code (RPC), but th...