Legal Guide Philippines

Have you ever signed a document, had it notarized, and wondered... What's the purpose of all this?  Do we really need to have our documents notarized all the time?  Everyone, at some point in their life,  has or will experience going to the notary and having their document notarized.   We can find notaries everywhere, from the big law offices in Makati and BGC to the side stree...

Are you considering putting your property in the name of your kids (by selling or donation) as some sort of succession planning tool? We hear this all the time. Parents buying properties, thinking of their children’s future, putting it in the names of their kids so that even as kids, they already have assets.   So our question for today comes from Lani H, and she writes: “Attorney, If parents...

If the employee resigns and they've completed the turnover, are they required to stay? How can they leave even if the 30-day turnover isn't done yet? A lot of resigning (or about to resign employees) have this on their mind just like our reader, Kira, who asks: "Atty, I have recently resigned from my job due to family matters and conflicts. I gave the resignation letter to our manager on the same...

How do you terminate an employee properly in the Philippines? Are there requirements that need my attention as a boss? This seems to be a recurring question from our readers and clients so we decided to make a video out of it.  Just like our reader, Kyle, who asks: Attorney, I have an employee that committed a violation at work. I was about to tell him "You're fired!" but my business partner...

So you've passed your resignation papers, and you're now turning them over with your previous employer. But you're wondering "What am I supposed to be doing right now?" Just like our reader, Luchiel, who asks: "I just want to clarify things regarding my resignation. My employer asked me to present a report to the board of directors because my manager can’t report it. Am I allowed to decline becaus...

A good indicator that a business is being run professionally is if they issue employment contracts to employees. It takes a mature business to realize the value of an employment contract and use it to make its legal systems easier to run. But the employment contract leads to so many misconceptions, both on the employer's and the employee's side. One of the most common questions we get on our site...

They say that "The key to a happy life is a happy wife.” That's for romantic relationships, but I think that principle applies equally to business relationships. Having a good partner ensures that all of your actions are in line and you can focus on external challenges as a team. This is one of the things our student, Sam, was thinking of when he asked: "Attorney, I'm currently setting up a busine...

If you're buying real property such as a lot,  condo or house, then congratulations! It's going to be helpful if you're confident with all of the documents and the title transfer process. At some point in the process, you will encounter the CONTRACT TO SELL, one of the most common legal documents out there.   But some people ask, "What exactly is a Contract to sell?" Most people keep sig...

So, how many of you have family properties that are still in the name of your grandparents... Or, worse, how about great grandparents? Yeah. How many of you are worried that the government will charge you so much in back taxes and fees? There's a lot. Now, how many of you would like to get all of these issues settled legally with the most minimum taxes? That has the most amount. Day in, and day ou...

It's nice when you have enough time to take care of everything in your life, from your business to personal transactions, or even deal with the government.   Having an abundance of time is such a great blessing.  But, what if you have some things to look out for?  But you're too busy to get it done?  What if you have to claim a document from a government agency and you just can...

Are you in the process of buying property from someone only to find out? Wait, wait, wait... It's still in the name of their parents, or worse, their grandparents. Or are you trying to sell property that you inherited but the title is still in the name of your great grandfather? Buying property plays such an important part in our day-to-day lives. For some, it can mean fulfilling a lifelong dream...

When a person does something wrong, it’s only fair that we hold them accountable for what they did, right? But what if the person wants to wash themselves of responsibility or wants to escape the consequences of what they did?  This happens in work situations when a person is under investigation for a work violation, and suddenly, they say, “Sir, resign na lang po ako ako.” What then happens,...

What happens when you meet the love of your life…but you’re already married? What can happen if someone starts another family without first properly ending the first marriage?   Paraang may naaalala ako diyan na kanta.   While having multiple families is generally not acceptable in our society we seem to always hear this happening around us. Our gossip magazines and websites are ful...

How many of you have lost things before? How many are prone to misplacing things all over the place?   We leave umbrellas, we leave keys, and even cellphones behind all the time.  Most of the time, we can replace them anytime as long as we can buy new ones. However, the hardest to replace are documents that have legal significance. Driver’s Licenses, School or Company ID’s, or Certi...

Have you ever heard of a Last Will and Testament? What do you think happens when you encounter this here in the Philippines? Atty. Erwin, what is the first thing that comes into mind when we think of Wills?  Let me guess…may malaking sala. Everyone is seated. Nakaitim lahat. Darating na si Attorney na matanda. Naka black suit. May dalang malaking attache case. Bubuksan. Babasahin yung Will…Ta...

Most fights happen when one person does something that the other wasn’t expecting. It can also be the other way around when a person fails to do something that the other was relying on. In all relationships, you can resolve a lot of conflicts before they happen if you set the proper expectations at the start. Each person would know what is expected of them, and what behaviors they can expect from...

A loved one has just died.  There are properties left behind. Do you have any idea how to get started? Losing a loved one is a terrible experience…especially when the loss is sudden, unexpected and possibly preventable.  Because of the pandemic, we’ve been losing so many loved ones, grandparents, parents, uncles, friends, cousins, acquaintances.  These days, we seem to be extending...

When a relationship ends, it's best for the parties to pick themselves up and move on, but what if there are unsettled matters and unfinished things left undone? This also happens in work situations where an employee resigns or is terminated and yet they don't go through the clearance process. Walang closure, Attorney.  So just like this question from Angela N. who asks:    "With re...

Have you ever heard this line from your parents? "If you don't study, you'll never get anything from me." Or worse, "If you marry that person, you won't get any inheritance from me." Can your parents leave really you out of their will? We always hear these kinds of statements in the movies or local tv shows.  In real life, we also hear these lines jokingly from our parents or even grandparent...

I want to talk about something that’s wrong with our culture. That’s the hiya factor. Especially when it gets in the way of legal matters. I want you to do an exercise with me. Close your eyes and imagine for a moment... your best friend is asking for your help financially. You see that it’s legit, and you want to help. I want you to imagine saying that you will draft a contract for them to sign....

Today, let’s talk about employees who are thinking of resigning, or have been terminated or separated from their jobs. I’m going do a magic trick right now and try to guess the most burning question in their heads. Are you ready?   I bet they’re thinking: “Will I receive separation pay?” And it’s the same question that our reader, Lailan M.,  asked “Attorney, if an employee has been...

We all know people who seem to have what it takes to make it in their careers. We see their potential,  yet somehow they end up failing when put to the test. This situation appears in work situations, especially with probationary employees who fail performance evaluations. So take this question from Angela R., and she asks us.  "Attorney, if a probationary employee needs more training or...

Are you transferring property to a loved one? Or is a loved one transferring property to you? What is the best way to transfer property between relatives? In the Philippines, it’s typical for parents to transfer properties to their children during their lifetime…Either as a gift, or an advanced inheritance. Sometimes they do this so that the properties are already transferred before they pass away...

Imagine that you were talking to someone and suddenly you get asked a question. Turns out you know a lot about this subject. So you happily answer on and on and on. The person you're talking to seems interested and keeps listening, even taking notes. You end the conversation and you're happy you were able to help. But then, you suddenly wonder... Should I have said that? Didn’t I disclose too much...

Do you have a side business?  Maybe an online business using Facebook marketplace or some other platform? Are you wondering if it's time to level up your online business by forming a company? The pandemic has destroyed a lot of jobs, but it's also created a lot of entrepreneurs and opportunities. Many of us have decided to take action by having a side business to augment or even replace our s...