Myth vs Batas.
Which one is true?

The Constitution is explicit: no person shall be imprisoned for debt. Simply not paying a loan is a civil matter, and the lender's remedy is a collection case, not an arrest. Separate crimes, such as a bounced check or fraud in getting the loan, are a different matter.

1987 Constitution, Art. III, Sec. 20

The Consumer Act gives you the right to a repair, replacement, refund or price reduction when a product is defective, and any stipulation contrary to those warranty rules has no legal effect. A sign on the wall cannot waive them. What the law does not require is a refund just because you changed your mind about an item that works fine.

RA 7394, Arts. 68 and 100

Products offered for retail sale must carry a price tag, and they cannot be sold at a price higher than the one stated on it. Tags also cannot be erased or altered. Violations carry a fine or imprisonment, and a second conviction can cost the store its business permit.

RA 7394, Arts. 81, 83 and 95

When a covered item or service is already on promotional discount, the senior citizen gets either the promo discount or the 20% senior discount, whichever is higher, not both. The store cannot use the promo to deny the senior discount altogether; you simply get the better of the two.

RA 7432, Sec. 4, as amended by RA 9994

Gift checks, gift certificates and gift cards bought for money cannot carry an expiry date, and the issuer cannot refuse to honor the unused balance. The law does not cover discount coupons or vouchers, or gift checks from loyalty, rewards or promo programs. A store may also refuse one that was lost, or damaged so badly it cannot be verified, through no fault of the issuer.

RA 10962, Secs. 5 to 7

Online buyers keep the Consumer Act's remedies: repair, replacement, refund or others when the item is defective, malfunctions, or is lost without your fault. If you choose a replacement or refund, the seller takes the original item back at no cost to you.

RA 11967, Sec. 20

Under Article III, Section 20 of the 1987 Constitution, no person may be imprisoned for non-payment of debt. Inability to pay a loan or credit card balance is strictly a civil liability, not a crime (unless you issued a bouncing check under BP 22). Debt collectors who threaten police arrest or post public shaming messages violate SEC MC No. 18 (2019) and BSP consumer protection regulations.

1987 Constitution, Art. III, Sec. 20; SEC MC No. 18 (2019)

Under Article 2154 of the Civil Code (solutio indebiti), anyone who receives money delivered by mistake has a strict legal obligation to return it. Keeping and spending funds after notice constitutes unjust enrichment, and intentional refusal to return money can trigger civil liability or criminal charges under the Revised Penal Code.

Civil Code, Arts. 22 and 2154

Only a court can order you out and only a sheriff can enforce it. Changing locks, cutting utilities or removing your things to force you out is self-help eviction the law does not allow, and depending on the facts you may recover possession through a forcible entry case.

Rules of Court, Rule 70

Where both parties live in the same city or municipality, most disputes must go through barangay conciliation first, though the law lists exceptions (for example, urgent cases and offenses punishable by more than one year). A case filed without a Certificate to File Action can be dismissed.

RA 7160, Secs. 408 and 412 (Katarungang Pambarangay)

The Supreme Court has repeatedly held that tax declarations are not conclusive evidence of ownership. They show that you claim the land and help prove possession, but a title, deed or other stronger evidence usually decides who owns it. Paying the amilyar does not by itself make the land yours.

Spouses Alde v. Bernal, G.R. No. 169336 (2010)

Ten years is enough only with good faith and a just title, such as a sale from someone you reasonably believed was the owner. Without those it takes 30 years of public, peaceful, uninterrupted possession as owner, and occupation by the owner's mere tolerance never counts. Land with a Torrens title, and State land that is not patrimonial, cannot be acquired by prescription at all, however long you stay.

Civil Code, Arts. 1113, 1117-1119, 1134 and 1137; PD 1529, Sec. 47

A deposit is security, not extra rent. The landlord may keep only what covers unpaid rent, unpaid utility bills, or damage you caused, and must return the rest. For rent-controlled units the deposit is capped at two months, must be kept in a bank, and the interest goes back to you when the lease ends.

RA 9653, Sec. 7; Civil Code, Art. 22

If you have paid at least two years of installments, the Maceda Law gives you a grace period and, on cancellation, a refund of at least 50% of what you paid, rising after five years up to 90%. Cancellation takes effect only 30 days after notarized notice and full payment of that refund. Paid less than two years? You still get a grace period of at least 60 days.

RA 6552, Secs. 3 and 4

Under the Torrens system, no title to registered land can ever be acquired through prescription or adverse possession, no matter how many decades the occupant has stayed. A registered title is imprescriptible and indefeasible. While unregistered public land may sometimes be acquired after 20 years under RA 11573, private titled land can never be lost by mere squatter occupation.

PD 1529 (Property Registration Decree), Sec. 47

Landlords cannot resort to self-help eviction, lockout, or extrajudicial seizure of personal belongings without a valid court judgment. Padlocking a tenant's home or disconnecting electricity unilaterally constitutes Grave Coercion or Unjust Vexation under the Revised Penal Code. The proper remedy is a formal demand letter followed by an action for Unlawful Detainer under Rule 70.

Rules of Court, Rule 70; Revised Penal Code, Art. 286

Even where the misconduct is real, dismissal needs two written notices and a genuine chance to be heard. Skip that and the dismissal is procedurally defective, and damages follow.

Labor Code, Arts. 292(b) and 297

You are entitled to the proportionate amount for the months you actually worked. It forms part of your final pay, which is due within 30 days of separation.

PD 851, Revised Guidelines

RA 11210 gives 105 days with full pay regardless of how you delivered. The old distinction between normal and caesarean delivery was removed.

RA 11210, Sec. 3

Up to 7 days, whether or not they are married. Those days sit on top of the 7 days of paternity leave under RA 8187, not inside them.

RA 11210, Sec. 6

DOLE requires the certificate within three days of your request, and the advisory does not make it conditional on clearance, returned equipment, or an ongoing dispute.

DOLE Labor Advisory No. 06-20

Closure due to serious business losses carries no separation pay — but the employer has to actually prove the losses. Closure for any other reason owes at least one month's pay or half a month's pay per year of service, whichever is higher.

Labor Code, Art. 298

DOLE Labor Advisory No. 06-20 and Article 116 of the Labor Code strictly prohibit unlawful wage deductions. While short notice can make an employee liable for actual, proven damages directly caused by their departure, an employer cannot arbitrarily confiscate earned salary or pro-rated 13th-month pay as a punitive penalty.

Labor Code, Arts. 116 & 300; DOLE LA 06-20

Article 301 of the Labor Code strictly caps temporary lay-off or floating status at six calendar months. If the employer fails to recall the employee to an equivalent position with equal pay within six months, the employee is deemed constructively dismissed by operation of law and becomes entitled to full separation pay.

Labor Code, Art. 301 (formerly Art. 286)

Legal separation lets you live apart and divides the property, but the marriage stays valid. To remarry you need a declaration of nullity or an annulment (or, in limited cases, a recognized foreign divorce or a divorce under the Code of Muslim Personal Laws), unless your spouse has died.

Family Code, Arts. 55-67

If there is basis, the Punong Barangay (or a kagawad, if the Punong Barangay is unavailable) must issue the Barangay Protection Order on the day you apply, and it is valid for 15 days. A court can also issue a Temporary Protection Order on the day an application is filed, valid for 30 days, which can do considerably more.

RA 9262, Secs. 14 and 15

Philippine law does not recognize automatic divorce or dissolution of marriage based on the passage of time or long-term de facto separation. Remarrying without a final court decree of nullity or annulment constitutes the crime of bigamy under Article 349 of the Revised Penal Code, even if both spouses have lived separate lives for decades.

Family Code, Arts. 35, 36, 40 & RPC Art. 349

Republic Act No. 11861 specifically limits the ₱1,000 monthly cash subsidy to solo parents who earn minimum wage and below, distributed through their LGU's local social welfare office. Solo parents earning above minimum wage are still entitled to 7 days of paid parental leave, scholarship priority, and 10% discounts on infant goods for children under 6, but not the cash subsidy.

RA 11861, Sec. 8(a)

In Disini v. Secretary of Justice the Supreme Court held cyberlibel applies to the original author, not to people who merely receive and react. Writing your own defamatory comment is a different matter.

RA 10175, Sec. 4(c)(4); Disini v. SOJ (2014)

Routine checkpoint inspections are limited to a visual search. Officers cannot compel you to open your trunk, glove box, or bags unless there is probable cause or you freely give consent.

Valmonte v. de Villa, G.R. No. 83988 (1989); Aniag, Jr. v. COMELEC, G.R. No. 104961 (1994)

Not at a purely routine checkpoint. The Supreme Court limits routine checkpoint inspections to a visual look without opening doors or subjecting occupants to a body search, and PNP checkpoint procedures call for visual checks only. It is different where there is probable cause or another lawful ground for a more intrusive search.

Caballes v. Court of Appeals, G.R. No. 136292 (2002); PNP Operational Procedures

No law prohibits recording police officers performing their duties in public. The Anti-Wiretapping Law covers secretly recording private communications, not officers' public acts. Record openly, do not obstruct the checkpoint or cross marked security lines, and comply with lawful instructions.

1987 Constitution, Art. III, Sec. 4; RA 4200, Sec. 1

For a valid 'hot pursuit' warrantless arrest under Rule 113, Sec. 5(b), the offense must have just been committed and the officer must have probable cause based on personal knowledge of facts or circumstances that the suspect committed it. An arrest days later generally requires a warrant from a judge, unless another ground applies, such as the person being an escaped prisoner.

Rules of Court, Rule 113, Sec. 5(b); Pestilos v. Generoso, G.R. No. 182601 (2014)

Under the Constitution and RA 7438, the rights to remain silent and to counsel during custodial investigation can only be waived in writing and in the presence of counsel. A confession obtained in violation of these rights is inadmissible.

1987 Constitution, Art. III, Sec. 12; RA 7438, Sec. 2

Under Rule 113, Section 5(a), a private person may arrest without a warrant someone who, in their presence, has committed, is actually committing, or is attempting to commit an offense. The person arrested must then be turned over to the nearest police station or jail without unnecessary delay.

Rules of Court, Rule 113, Sec. 5(a)

Direct assault and resisting arrest both require that the officer be 'engaged in the performance of official duties', and an officer making a clearly unlawful arrest may fall outside that. But whether the arrest was unlawful is decided later, officers are presumed to act regularly, and force beyond what is reasonable can still be charged. The safer course is not to resist physically and to challenge the arrest in court.

Revised Penal Code, Arts. 148 and 151

In Philippine libel law, 'publication' only requires communicating the defamatory statement to a third person other than the offended party. Sending defamatory remarks to others in a group chat can satisfy this requirement.

Revised Penal Code, Art. 353; RA 10175, Sec. 4(c)(4)

Libel is complete once the defamatory statement is published, that is, seen by a third person. Deleting the post or apologizing later does not undo that, though it may help in settlement or on damages. Whether a case succeeds still depends on proof, such as preserved screenshots.

Revised Penal Code, Arts. 353 & 354; RA 10175

In Causing v. People (2023), the Supreme Court held that cyberlibel prescribes in one year, like ordinary libel, rejecting the longer periods some courts had applied. But the year runs from when the offended party or the authorities discovered the post, so an old post can still lead to a timely case if it was only recently discovered.

Causing v. People, G.R. No. 258524 (October 11, 2023); RPC Arts. 90 and 91

They must deliver you to the proper judicial authorities within 12, 18 or 36 hours, depending on whether the offense carries a light, correctional or afflictive penalty. An officer who holds you past that commits a crime. You must also be told why you are detained and be allowed to talk to your lawyer at any time.

Revised Penal Code, Art. 125, as amended by EO 272

A pardon by the offended party does not extinguish criminal liability, except for the few private crimes under Art. 344, and paying back is not among the grounds that end it. Settling can take care of your civil liability and may lead the complainant to desist, but the prosecutor and the court decide whether the case goes on.

Revised Penal Code, Arts. 23 and 89

A child 15 or under at the time of the offense is exempt from criminal liability and goes through an intervention program instead; those above 15 but under 18 are exempt too unless they acted with discernment. Civil liability for the damage remains, and a child above 12 who commits a serious crime such as murder or rape is placed in a Bahay Pag-asa facility.

RA 9344, Secs. 6 and 20-A, as amended by RA 10630

Security guards are private personnel, not law enforcement officers with search warrants. Under settled Supreme Court doctrine, visual and non-intrusive inspections (such as using a stick or metal detector) at building entrances are permissible only as a condition for entry; guards cannot forcibly open pockets, rummage through belongings, or conduct invasive body frisks without voluntary consent. If you decline a search, their only lawful recourse is to deny entry.

1987 Constitution, Art. III, Sec. 2

All service charges collected by hotels, restaurants and similar establishments must be distributed in full and equally among the covered workers, excluding managerial employees. The law does not require a service charge; it controls where the money goes when one is collected.

Labor Code, Art. 96, as amended by RA 11360

Contracts are perfected by mere consent and bind the parties in whatever form they are made, as long as the essential requisites are present. Some, like a sale of land or a lease longer than a year, cannot be enforced in court without a writing, and a few, like a donation of land, are void without a public document. Put it in writing anyway: it is far easier to prove.

Civil Code, Arts. 749, 1315, 1356 and 1403(2)