Vivas & Nobles Law Office
Plain-language guidance on Philippine family, labor, criminal, and property law from our attorneys. Browse 47 articles by topic or search below.
A prenuptial agreement, or marriage settlement, lets couples choose the property regime for their marriage. This commentary explains what it can contain, the requirements for validity, and why it must be signed before the wedding.
July 15, 2026 Family LawUnder Republic Act 9255, an illegitimate child may use the father's surname if the father acknowledges the child. This commentary explains the general rule, how the father's surname is entered, and how surname relates to support and inheritance.
July 14, 2026 Labor LawWhen employment ends, workers are entitled to their final pay and a certificate of employment. This commentary explains what final pay includes, the 30-day release rule under DOLE Labor Advisory 06-20, and what to do if an employer withholds it.
July 13, 2026 Labor LawThe Safe Spaces Act penalizes gender-based sexual harassment in public spaces, online, and the workplace. This commentary explains what the law covers, how it differs from RA 7877, and the duties it places on employers.
July 12, 2026 Property LawUnlawful detainer is the legal way to evict a tenant who refuses to leave after a lease ends or rent goes unpaid. This commentary explains the demand requirement, barangay conciliation, the court process, and what landlords cannot do.
July 11, 2026 Property LawPhilippine law reserves a portion of every estate for compulsory heirs, called the legitime. This commentary explains who the compulsory heirs are, how the legitime works, the free portion, and the limited grounds for disinheritance.
July 10, 2026 Legal InsightMany disputes must go through barangay conciliation before a case can be filed in court. This commentary explains the Katarungang Pambarangay system, which disputes it covers, the exceptions, and the Certificate to File Action.
July 9, 2026 Criminal LawTheft and estafa are often confused, but the difference is decisive. This commentary explains how consent and possession distinguish theft from estafa, what makes theft qualified, and why the correct charge matters.
July 8, 2026 Labor Law13th month pay is a mandatory benefit for rank-and-file employees in the Philippines under Presidential Decree 851. This commentary explains who is entitled, how it is computed, when it must be paid, and what to do if an employer refuses to pay.
July 15, 2026 Family LawThe 2021 Supreme Court ruling in Tan-Andal v. Andal fundamentally changed how psychological incapacity is evaluated in Philippine courts. Psychiatric diagnosis is no longer required. This commentary explains what Article 36 requires today, what patterns of behavior courts look for, and how the ground is proven in practice.
May 15, 2026 Labor LawNot all illegal dismissals come with a termination letter. When an employer makes working conditions so unbearable that an employee is effectively forced to quit, Philippine law treats it as constructive dismissal — with the same legal consequences as outright termination without cause. A landmark 2025 Supreme Court ruling has expanded what qualifies.
May 7, 2026 Criminal LawWith social media now central to Filipino life, cyber libel complaints have surged. A single Facebook post or tweet can expose a person to twelve years of imprisonment. This commentary explains the elements of cyber libel under RA 10175, how it differs from traditional libel, and the rights of both complainants and accused.
May 4, 2026 Criminal LawRepublic Act No. 9262 gives Filipino women and their children some of the most comprehensive legal protections against abuse in Southeast Asia. This commentary explains what constitutes VAWC, the remedies available including the Barangay Protection Order and TPO, and the steps for filing a complaint.
May 3, 2026 Property LawWhen a parent dies without a will, or even with one, the question of how to divide the estate among heirs is one of the most common — and most contested — legal matters in the Philippines. This commentary explains the difference between extrajudicial and judicial partition, who is entitled to what, and what happens when one heir refuses to cooperate.
May 3, 2026 Criminal LawA single offensive remark uttered in front of witnesses can give rise to a criminal complaint for oral defamation under Philippine law. But not every insult is criminal slander. This commentary explains the distinction between grave and simple oral defamation, the penalties under RA 10951, the prescriptive periods, and the procedural steps for both complainants and respondents.
May 3, 2026 Criminal LawEstafa — or criminal swindling — is one of the most filed criminal cases in the Philippines, yet it is also one of the most misunderstood. Not every broken promise or unpaid debt is estafa. This commentary explains the elements, the penalties under RA 10951, and the step-by-step process for filing a complaint.
May 2, 2026 AnnulmentAnnulment in the Philippines remains one of the most financially demanding legal processes a Filipino can undertake. This commentary breaks down the real costs — attorney's fees, psychological evaluation, court expenses, and hidden charges — so you can plan with clarity before filing.
May 1, 2026 Labor LawBeing fired without valid cause or without proper procedure is not just unfair — it is illegal under Philippine law. This commentary explains what constitutes illegal dismissal, what remedies are available, and the step-by-step process for filing a complaint before the NLRC.
May 1, 2026 Labor LawProbationary employment is not a loophole for avoiding regularization. Philippine law sets a clear six-month threshold, and attempts to circumvent it — through contract substitution, repeated fixed-term contracts, or pre-termination — can expose employers to illegal dismissal liability. This commentary explains the rules on regularization and what both employees and employers need to know.
April 30, 2026 Criminal LawUnjust vexation is one of the most broadly applied — and most frequently misunderstood — offenses in Philippine criminal law. Almost any act that annoys, irritates, or causes distress to another person can theoretically be charged as unjust vexation. This commentary explains what the law actually requires, its limits, and how accused persons should respond.
April 30, 2026 Legal InsightFrom superstition-driven nickname practices to legally recognized name changes, Filipino naming traditions often collide with civil registry requirements. This commentary explains the legal framework governing name corrections and changes in the Philippines — and what steps you need to take to set the record straight.
April 28, 2026 Labor LawSeparation pay is one of the most misunderstood benefits in Philippine labor law. Not every terminated employee is entitled to it — but when it applies, the computation is governed by clear statutory rules. This commentary explains who qualifies, the applicable formulas, and what employers and employees need to know in 2026.
April 28, 2026 Criminal LawA threatening text message, a verbal warning in anger, a demand backed by the implicit promise of harm — each of these may constitute a criminal offense under the Revised Penal Code. This commentary explains the distinctions between grave threats, light threats, and other coercive offenses, and what the law requires to prosecute them.
April 18, 2026 Legal InsightFrom choosing the right business structure to drafting enforceable contracts, this guide breaks down the seven foundational legal principles that protect your business and keep you compliant under Philippine law.
April 15, 2026 Labor LawThe Expanded Maternity Leave Law gives Filipino mothers up to 105 days of paid leave — and fathers up to 14 days under the right conditions. This commentary explains eligibility, computation, employer obligations, and the legal protections that surround pregnancy in the Philippine workplace.
April 13, 2026 AnnulmentMany Filipinos confuse legal separation with annulment. They are fundamentally different remedies with fundamentally different effects. This commentary explains the grounds for legal separation, what it actually does to your marriage and property, and why it may — or may not — be the right legal step for your situation.
April 13, 2026 Legal InsightThe businesses that accumulate the largest legal bills are rarely those that sought counsel early. They are the ones that waited — through a disputed contract, a wrongful termination claim, a regulatory notice — until the problem became too large to ignore. A legal retainer restructures that equation: instead of paying more to fix problems after the fact, businesses pay a predictable monthly fee to avoid them in the first place.
April 7, 2026 AnnulmentThe Supreme Court's ruling in Tan-Andal v. Andal removed the mandatory expert opinion requirement in Article 36 cases — but that does not mean you no longer need a psychologist. Here is why professional psychological assessment remains essential to winning a nullity case under the new standard.
April 6, 2026 Family LawAdoption in the Philippines is not a simple administrative matter — it is a judicial proceeding that permanently alters the legal status of the child and creates rights and obligations identical to those of biological parenthood. It requires court approval, social worker assessment, and strict compliance with the Domestic Adoption Act of 1998. Knowing what the law demands before starting the process is what separates a case that moves efficiently from one that stalls.
April 5, 2026 Family LawViolence Against Women and Their Children is not limited to physical harm. Under RA 9262, the law reaches psychological cruelty, sexual coercion, and deliberate financial control — forms of abuse that leave no visible injury but cause lasting damage. If you are in that situation, the law provides concrete remedies, and the process of enforcing them begins at the barangay level.
April 3, 2026 AnnulmentPhilippine law draws a sharp line between a marriage that can be annulled and one that is void from the start. Knowing which applies to you is the first — and most consequential — decision in any marital dissolution case.
April 1, 2026 Annulment"Fast and affordable annulment" is one of the most searched phrases in Philippine family law — and one of the most misunderstood. This commentary separates fact from fiction, explains what legitimately reduces cost and time, and flags the red flags every petitioner must watch out for.
March 18, 2026 Legal InsightStarting a business in the Philippines requires registration with several government agencies. The process varies depending on the type of business structure you choose. This guide covers the registration process for the most common business structures — sole proprietorship, partnership, and corporation.
March 17, 2026 Legal InsightSmall claims proceedings allow Filipinos to recover money owed to them — up to PHP 2,000,000 — quickly, affordably, and without needing a lawyer. This commentary explains who can file, what the process looks like, and what to prepare before walking into the courthouse.
March 14, 2026 Criminal LawIf you have been a victim of a crime, you have the right to seek justice through the Philippine criminal justice system. This guide walks you through the process of filing a criminal complaint.
March 5, 2026 Labor LawFrom SSS and PhilHealth to 13th month pay and service incentive leave, Philippine law mandates a comprehensive set of benefits that every private sector employer must provide. This commentary lays out the full picture of mandatory employee benefits in 2026 — what they are, who is covered, and what happens when employers fail to comply.
March 3, 2026 Labor LawTerminating an employee is one of the most legally sensitive actions an employer can take. Done incorrectly, it exposes the business to illegal dismissal claims, backwages, damages, and attorney's fees. This guide explains the proper legal process for terminating an employee under Philippine labor law.
March 2, 2026 Labor LawKnow your legal entitlements upon termination of employment, including final pay, separation pay, 13th month pay, service incentive leave, and certificate of employment.
February 24, 2026 Labor LawUnderstand your rights and the legal process for filing an illegal dismissal case before the NLRC, including required documents and remedies available.
February 17, 2026 Labor LawOvertime pay is not a discretionary benefit — it is a legal obligation under the Philippine Labor Code. This commentary explains who is entitled, how the rates are computed across different day types, and what both employees and employers need to know to stay on the right side of the law.
February 11, 2026 Property LawA comprehensive guide to conducting due diligence before purchasing property in the Philippines, including title verification, tax checks, and red flags to watch out for.
February 10, 2026 Criminal LawA bounced check is not just an embarrassment — it is a criminal offense under Batas Pambansa Blg. 22. This commentary explains the elements of BP 22, how it differs from estafa, the critical five-banking-day rule that can save you from criminal liability, and what to do if you receive or issue a dishonored check.
February 4, 2026 Property LawLearn the step-by-step process of extrajudicial settlement of estate in the Philippines, including requirements, documentation, and registration procedures.
February 3, 2026 Property LawTransferring ownership of real property in the Philippines involves multiple government agencies, tax obligations, and documentary requirements. This guide walks you through each stage of the process.
February 2, 2026 AnnulmentThe Philippines remains one of the few countries in the world without absolute divorce for most of its citizens. Under the Family Code, the principal legal remedies for dissolving a marriage are annulment and declaration of nullity — two distinct remedies that are often confused with each other.
February 1, 2026 Legal InsightA demand letter is often the most powerful — and most underused — legal tool available before filing a case. In many situations, it is a legal prerequisite. In others, it is the single most effective step toward resolving a dispute without going to court. This commentary explains when demand letters are required, what they must contain, and what legal weight they carry.
January 29, 2026 Family LawEvery child has the right to financial support from their parents, regardless of whether the parents are married. This guide explains how to enforce that right under Philippine law.
January 28, 2026 Family LawWhen parents separate, one of the most contentious issues is the custody of their children. Philippine law provides clear guidelines on how custody is determined.
January 20, 2026 Family LawA divorce obtained abroad does not automatically dissolve your marriage under Philippine law. Learn how to file for recognition of foreign divorce in the Philippines.
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