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Philippine law guides library

Practical explainers with Article/Rule cites, FAQs and links into ocoai tools. Not legal advice — always open the official text.

Legal processes

How to file a small claims case in the Philippines

A.M. No. 08-8-7-SC small claims filing steps, venue, forms and final judgment.

How to file an NLRC labor complaint

SENA, RAB venue, position paper and 10-day appeal under Labor Code Art. 229.

Annulment and nullity of marriage in the Philippines

Family Code Arts. 35–38, 36, 45–47: void vs voidable marriages and filing periods.

Extrajudicial settlement of estate Philippines

Rule 74 settlement by agreement when the decedent left no will and no debts.

How to file an ejectment case (unlawful detainer / forcible entry)

Rule 70 ejectment in first-level courts: one-year period, barangay, judgment.

Preliminary investigation in the Philippines

Rule 112: when required, counter-affidavit in 10 days, resolution.

Illegal dismissal under the Labor Code

Arts. 294, 297–299: security of tenure, just and authorized causes, reliefs.

Twin-notice rule for employee dismissal

Art. 292(b) and King of Kings v. Mamac: two notices and a real chance to explain.

How to register a corporation with the SEC

Revised Corporation Code steps: name, AOI/bylaws, GIS, beneficial ownership.

Protection orders under the Anti-VAWC Act

R.A. 9262 BPO, TPO, PPO: who may file and where.

Counter-affidavit in a preliminary investigation

How to prepare a Rule 112 counter-affidavit within 10 days.

Writ of habeas corpus in the Philippines

Rule 102: when the writ lies and how petition is filed.

How B.P. 22 bouncing-check cases work

Batas Pambansa Blg. 22 elements, notice of dishonor, and venue basics.

Small claims vs regular civil action

When to use A.M. 08-8-7-SC instead of an ordinary Rule 2 complaint.

Labor-only vs legitimate job contracting

Art. 106 Labor Code and DOLE rules: when contracting is prohibited.

Solo parent leave and benefits under R.A. 8972

Solo Parents Welfare Act leave and flexible work — verify current amendments.

Workplace sexual harassment under R.A. 7877 and Safe Spaces Act

Employer duties, complaint paths, and Safe Spaces Act workplace coverage.

How notarization works under the 2004 Rules on Notarial Practice

Personal appearance, competent evidence of identity, jurat vs acknowledgment.

Appeal from RTC to the Court of Appeals

Rule 41/42 timelines and modes — verify which rule fits your case.

Motion for reconsideration basics

Rule 37 (civil) and cognate criminal rules: when MR is required and periods.

Writ of Amparo (Philippines)

Protects life, liberty and security against unlawful acts or omissions. Official-source pointers for students and practitioners.

Writ of Habeas Data (Philippines)

Compel deletion, correction or blocking of unlawfully obtained or erroneous data affecting privacy, life, liberty or security. Official-source pointers for students and practitioners.

Katarungang Pambarangay conciliation

Many disputes between residents of the same city or municipality require barangay conciliation before court. Official-source pointers for students and practitioners.

R.A. 3019 Anti-Graft basics

Lists corrupt practices of public officers; forum depends on offense and salary grade. Official-source pointers for students and practitioners.

Cybercrime Prevention Act overview

Cyber offenses including cyber libel — procedure is specialized. Official-source pointers for students and practitioners.

Trademark basics (IP Code)

Registration, Declaration of Actual Use and renewal under the IP Code. Official-source pointers for students and practitioners.

Copyright basics in the Philippines

Literary and artistic works protected from creation; fair use factors in the IP Code. Official-source pointers for students and practitioners.

Lease under the Civil Code

Period, rent, repairs and interplay with Rule 70 ejectment. Official-source pointers for students and practitioners.

Real estate mortgage basics

Record the REM to bind third persons; foreclosure may be judicial or extrajudicial. Official-source pointers for students and practitioners.

Intestate succession overview

Compulsory heirs and concurrent shares when there is no will. Official-source pointers for students and practitioners.

Donations under the Civil Code

Formalities depend on value and whether the gift is movable or immovable. Official-source pointers for students and practitioners.

Agency and powers of attorney

Arts. 1868+; Art. 1878 lists acts needing special powers. Official-source pointers for students and practitioners.

Partnership basics

Juridical personality when formal requisites are met; liability differs from corporations. Official-source pointers for students and practitioners.

Contract of sale essentials

Consent, determinate subject matter, price certain; double-sale priority rules. Official-source pointers for students and practitioners.

How obligations are extinguished

Payment, loss, condonation, confusion, compensation, novation. Official-source pointers for students and practitioners.

Arrest without warrant (Rule 113)

Sec. 5 limits warrantless arrests to in flagrante, hot pursuit, and escapee cases. Official-source pointers for students and practitioners.

Bail under Rule 114

Bail is a matter of right or discretion depending on the penalty and stage. Official-source pointers for students and practitioners.

Search warrants (Rule 126)

Judge personally determines probable cause; describe place and items particularly. Official-source pointers for students and practitioners.

Provisional remedies overview

Attachment, injunction, receivership, replevin, support pendente lite. Official-source pointers for students and practitioners.

Best evidence rule (2019)

Original document rule and electronic evidence under the 2019 Evidence amendments. Official-source pointers for students and practitioners.

Hearsay rule basics

Hearsay is inadmissible unless an exception applies; JAR answers may still be objected to. Official-source pointers for students and practitioners.

Data Privacy Act basics for lawyers

Secs. 11–13, 16, 20–21 for firm files and vendors. Official-source pointers for students and practitioners.

CPRA Canon 4 competence and diligence

Competent service, diligence, client updates, lifelong learning — including AI review. Official-source pointers for students and practitioners.

Civil Code Art. 1308 mutuality of contracts

Validity or compliance cannot be left to one party’s will. Official-source pointers for students and practitioners.

Civil Code Art. 1229 penalty reduction

Courts may equitably reduce iniquitous penalties. Official-source pointers for students and practitioners.

Family Code Art. 36 psychological incapacity

Void marriage ground; see Tan-Andal v. Andal, G.R. No. 196359 (11 May 2021). Official-source pointers for students and practitioners.

GIS deadline (RCC Sec. 25)

File the General Information Sheet within 30 days after the annual election/meeting. Official-source pointers for students and practitioners.

Ease of Doing Business timelines

3 / 7 / 20 working days for simple / complex / highly technical transactions. Official-source pointers for students and practitioners.

Government procurement (R.A. 12009)

Direct acquisition and small-value procurement thresholds — confirm IRR figures. Official-source pointers for students and practitioners.

MCLE compliance for PH lawyers

Complete required MCLE units each compliance period unless exempt. Official-source pointers for students and practitioners.

Notarial commission basics

Petition the Executive Judge, post bond, keep a notarial register. Official-source pointers for students and practitioners.

Local taxation basics

Transfer tax, business tax and real property tax within LGC ceilings. Official-source pointers for students and practitioners.

Foreign ownership overview

Land and certain industries remain nationality-restricted; check the Negative List. Official-source pointers for students and practitioners.

Writ of Kalikasan

Environmental writ for damage of large significance across territories. Official-source pointers for students and practitioners.

Rent control overview

When a rent-control law is in force, deposits and increases for covered units are limited. Official-source pointers for students and practitioners.

SIM Registration Act overview

SIMs must be registered; personal data still under R.A. 10173. Official-source pointers for students and practitioners.

Child custody overview

Best interests of the child guide custody disputes. Official-source pointers for students and practitioners.

Domestic administrative adoption overview

NACC administrative adoption is now the main domestic path. Official-source pointers for students and practitioners.

Securities Regulation Code basics

Registration of securities and antifraud rules. Official-source pointers for students and practitioners.

Negotiable Instruments Law basics

Negotiability requirements; interplay with B.P. 22 on checks. Official-source pointers for students and practitioners.

Insurance Code basics

Insurable interest, concealment, notice of loss. Official-source pointers for students and practitioners.

Condominium Act basics

Unit titles plus undivided interests in common areas. Official-source pointers for students and practitioners.

Financial rehabilitation overview

Court-supervised rehabilitation and liquidation of juridical debtors. Official-source pointers for students and practitioners.

AMLA basics for lawyers

Covered persons and reporting — privilege issues need specialist advice. Official-source pointers for students and practitioners.

Certification election basics

Workers may petition for certification elections to pick a bargaining agent. Official-source pointers for students and practitioners.

Overseas employment overview

OFW processing runs through government channels; illegal recruitment is a separate crime. Official-source pointers for students and practitioners.

Agrarian reform basics

Agrarian disputes often go to DARAB, not ordinary courts. Official-source pointers for students and practitioners.

VAT overview

VAT on sales of goods/services and importation unless exempt or zero-rated. Official-source pointers for students and practitioners.

Expanded withholding tax basics

Certain income payments require withholding by the payor. Official-source pointers for students and practitioners.

Court e-filing overview

Many courts use electronic filing — follow the governing circular for cut-offs and still-required paper copies. Official-source pointers for students and practitioners.

When to seek the Public Attorney’s Office

Indigents may qualify for PAO representation in covered cases. Official-source pointers for students and practitioners.

ADR and arbitration overview

Special ADR rules encourage mediation and arbitration with limited court intervention. Official-source pointers for students and practitioners.

Barangay Protection Order guide

Immediate barangay-level protection in VAWC cases. Official-source pointers for students and practitioners.

Philippine immigration overview (honest gaps)

Visa classes change with BI rules; ocoai does not invent CA 613 cites when absent from its DB. Official-source pointers for students and practitioners.

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