LEGAL GUIDES

Practical guides on Philippine law from our attorneys.

Dispute Settlement

Advantages and Disadvantages of Sending a Demand Letter

A concise guide to the pros and cons of sending a demand letter in the Philippines when resolving disputes before litigation.

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Contract Law

Am I required to personally appear before a Notary Public?

The 2004 Notarial Rules require personal appearance before notarization, allowing the notary to verify identity, signature authenticity and voluntary execution.

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Property and Civil Law

Are verbal agreements valid and binding in the Philippines?

Verbal agreements are generally valid in the Philippines if consent, object, and cause exist, though proof is required when disputes arise.

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Property and Civil Law

Basic Due Diligence Before Buying Real Property in Cebu, Philippines

Basic due diligence for property purchases includes title verification, seller authorization, identity checks, and safeguards against fraudulent.

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Labor Law

Briefer: Independent Contractors

Independent contractors operate under civil law, not labor law, making clear contracts essential to avoid misclassification & protect legal rights.

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Labor Law

Briefer: Independent Contractor vs. Regular Employee

Independent contractor or regular employee? This briefer explains the legal distinctions, control test, and obligations that apply under Philippine labor law.

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Family Law

Can a Foreign Adoption Decree be recognized in the Philippines?

Foreign adoption decrees may be recognized in the Philippines through a judicial petition, requiring proof of the foreign judgment and proper authentication.

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Corporate Law and Special Projects

Can I ask people to invest in my business in Cebu?

Soliciting investments may qualify as selling securities, requiring SEC registration unless exempt, to protect investors and comply with Philippine regulations.

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Criminal Law

Can I be imprisoned for ignoring to pay my credit card bill?

Wondering if unpaid credit card debt can lead to arrest? Understand your rights and legal remedies with Padin & Partners Law.

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Criminal Law

Can police officers in the Philippines make an arrest without showing a warrant?

Police officers may arrest with a valid warrant even if not shown immediately, provided the warrant is presented as soon as practicable.

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Property and Civil Law

Change of Name Due to Spelling Error

Guide to correcting clerical or typographical errors in Philippine civil registry records under RA 9048, including allowed changes and filing requirements.

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Labor Law

Disease as an Authorized Cause for Termination of Employment

Disease may be an authorized cause for termination only when legal requisites and due process steps are met under the Labor Code.

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Taxation

Do I need to attach a loose documentary stamp to my notarized documents?

Learn when loose documentary stamps are required for notarized documents, which transactions are exempt, and how missing DST affects evidence and filings.

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Property and Civil Law

Donating Property in Cebu

Learn the steps, taxes, documents, and filing requirements for donating land in Cebu to ensure a smooth, legally compliant property transfer.

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Corporate Law and Special Projects

Due Diligence for PH Corporations: Real Property Acquisitions

Corporate property acquisitions require verifying ownership, foreign ownership limits, taxes, zoning compliance, and contract authority to prevent legal risks.

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Property and Civil Law

Extrajudicial Settlement of Estate in Cebu, Philippines

Guide to extrajudicial settlement of estates in Cebu, covering requirements, preparatory steps, deed execution, publication, taxes, and property title transfer.

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Family Law

Family Mediation Rule in the Philippines

The Family Mediation Rule mandates mediation in family disputes, promoting voluntary agreements while prioritizing the best interests of children and families.

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Immigration Law

Filipino-American: Acquiring Dual Citizenship

Guide for Filipino Americans on recognizing dual citizenship, including birth reporting, document requirements, oath-taking, and passport application.

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Property and Civil Law

Free Patent to Residential Lands (Republic Act No. 10023)

Learn who qualifies for a free patent under RA 10023, including residency, land limits, and required documents for untitled residential properties.

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Family Law

Guide to Administrative Adoption in the Philippines

A clear guide to administrative adoption under RA 11642, covering eligibility, requirements, and filing procedures for prospective adoptive parents in PH.

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Property and Civil Law

How to File an Adverse Claim

Filing an adverse claim involves asserting property rights through an affidavit, annotation at the Registry of Deeds, and compliance with legal requirements.

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Property and Civil Law

How to File a Small Claims Case in Cebu if Someone Owes You Money

Learn how to file a small claims case in Cebu, required documents, court steps, limits, and what to expect during hearings.

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Criminal Law

How to Remove Name from Blacklist Order of the Bureau of Immigration (BI)

Guide on removing your name from the Philippine Bureau of Immigration blacklist, including filing requirements, fees, and steps for lifting orders.

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Property and Civil Law

How to Transfer a Parcel of Land in Cebu via Sale

Transferring land in Cebu requires a notarized sale deed, tax payments, and filing with the Registry of Deeds before issuance of a new title.

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Property and Civil Law

Implied Trust Series: Do you have a property in Cebu you paid for but is registered in someone else’s name?

An implied trust may arise when you pay for property registered under someone else’s name, allowing recovery through an action for reconveyance.

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Labor Law

Inquiry: Am I entitled to Maternity Leave?

Female employees are entitled to 105 days maternity leave with full pay, or 60 days for miscarriage, under the Expanded Maternity Leave Act.

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Criminal Law

Inquiry: Can a family member file a VAWC case on behalf of a victim?

VAWC cases may be filed by the victim or any family member with personal knowledge, since violence against women is treated as a public offense.

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Dispute Settlement

Is an Offer of Compromise an Admission of Liability?

Learn when an offer of compromise is treated as evidence, and how Philippine rules distinguish civil liability, criminal negligence, and voluntary payments.

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General and Special Retainers

Just Causes for Dismissal of Employees

Overview of just causes for employee dismissal in the Philippines, including qualifying grounds, due process steps, and employer obligations under labor law.

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Property and Civil Law

License to Sell

Learn why verifying a developer’s License to Sell protects property buyers and prevents disputes. Get legal guidance from Padin & Partners Law.

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Criminal Law

NBI Clearance in the Philippines: Significance and Challenges Explained

Overview of NBI Clearance uses, potential record issues, and legal remedies to correct erroneous or outdated NBI findings.

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Property and Civil Law

Purchase of Land by Former Filipino Citizens Returning to Cebu, Philippines

Former Filipino citizens may purchase land in Cebu for residential or business use, subject to specific legal limits under Philippine law.

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Property and Civil Law

Real Property Tax: How Much Do You Have to Pay?

Real property tax in the Philippines explained, including appraisal, assessment levels, tax rates, and how annual obligations are computed under local law.

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Criminal Law

Receiving Court Summons through Text

Understand what a court summons is and why service through text messages is not recognized under Philippine law. Read more.

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Taxation

Revenue Memorandum Circular No. 92-2024

RMC 92-2024 outlines rules on loose documentary stamps, including exempt documents, authorized sellers, and requirements for purchasing DST from the BIR.

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Corporate Law and Special Projects

Setting up a Corporation in Cebu City, Philippines

Cebu business incorporation now uses SEC’s eSPARC and OneSEC systems, offering faster digital processing for new corporations and streamlined registration steps

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Corporate Law and Special Projects

Should I Register a Sole Proprietorship or a One Person Corporation?

Comparison of sole proprietorships and One Person Corporations in the Philippines, outlining key differences, liabilities, costs, and compliance duties.

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Intellectual Property Law

Should I register my company logo as a copyright or a trademark?

Company logos require trademark registration, not copyright, to secure brand identity, exclusive use, and protection against confusingly similar marks.

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Corporate Law and Special Projects

Starting a Business with a Foreign Partner in the Philippines: What Entity Should You Register?

Start a business with a foreign partner in the Philippines. Learn ownership rules, entity options, and legal requirements with Padin Law.

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Property and Civil Law

Subdivision and Condominium Buyers’ Protective Decree - Regulations for real estate developments

Presidential Decree No. 957 or the Subdivision and Condominium Buyers’ Protective Decree was implemented in order to protect subdivision and condominium buyers from developers, operators, and even sellers from reneging on their representations or obligations towards them.

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Corporate Law and Special Projects

The Revised Corporation Code and Its Impact on Business Operations - Key reforms like perpetual existence and removal of minimum capital requirements

RCC reforms include OPCs, perpetual existence, simpler capital rules, remote meetings, and added obligations for corporations classified as public interest.

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Criminal Law

Think before you click: Will posting screenshots of another person’s messages be a criminal offense?

Posting message screenshots without consent may violate the Data Privacy Act or constitute cyber libel, creating possible criminal and civil liabilities.

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Trademark Registration for Businesses

Overview of trademark registration, including applicant details, mark requirements, goods classification, supporting documents, and IPOPHIL filing process.

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Intellectual Property Law

Trade Names vs. Trademarks

Learn the difference between trade names and trademarks in the Philippines and why both matter for business protection.

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Labor Law

Understanding Redundancy as an Authorized Cause for Termination of Employment

Guide to redundancy as an authorized termination cause, outlining requisites, procedures, employer duties, and employee separation pay rights.

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Labor Law

Understanding Retrenchment as an Authorized Cause for Termination of Employment

Retrenchment is a lawful termination ground when economic losses are proven and legal requirements—notice, evidence, and separation pay—are fully met.

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Contract Law

What is a Quitclaim?

Explains what a quitclaim is, why it is used, and the legal requirements for a valid and enforceable settlement in the Philippines.

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Privacy Law

What is the Writ of Habeas Data?

The writ of habeas data protects individuals when privacy is violated, allowing courts to order deletion, correction, or stopping unlawful data use.

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Property and Civil Law

What Needs to be Done When Your Copy of Land Title is Lost or Destroyed?

Learn the steps for replacing a lost or destroyed land title in the Philippines, including affidavit requirements, court petitions, and Registry of Deeds filing

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Property and Civil Law

What to Look for in Lease Agreements

Important lease provisions include rent terms, security deposits, maintenance responsibilities, and termination rules to help protect tenants and landlords.

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