Avila Law

“𝗛𝗶𝗻𝗱𝗶 𝗻𝗮𝗺𝗮𝗻 𝗸𝗮𝘆𝗼 𝗸𝗮𝘀𝗮𝗹, 𝘄𝗮𝗹𝗮 𝗸𝗮𝗻𝗴 𝗸𝗮𝗿𝗮𝗽𝗮𝘁𝗮𝗻 𝘀𝗮 𝗮𝗿𝗶-𝗮𝗿𝗶𝗮𝗻 𝗻𝗶𝘆𝗮”

Not always!

Under 𝗔𝗿𝘁𝗶𝗰𝗹𝗲 𝟭𝟰𝟳 𝗼𝗳 𝘁𝗵𝗲 𝗙𝗮𝗺𝗶𝗹𝘆 𝗖𝗼𝗱𝗲, a live-in partner may still have rights over properties acquired during the relationship, even if there was no marriage.

However, Article 147 does not apply to every live-in relationship.

For it to apply:

✅ Both partners must be legally free to marry each other (for example, neither is married to someone else);
✅ They must live together exclusively as husband and wife; and
✅ They are living together without a valid marriage or under a void marriage.

When these requirements are present, the law generally treats the income earned and properties acquired through their work or efforts during the relationship as jointly owned.

In fact, Article 147 provides that such properties are governed by the 𝗿𝘂𝗹𝗲𝘀 𝗼𝗻 𝗰𝗼-𝗼𝘄𝗻𝗲𝗿𝘀𝗵𝗶𝗽 𝘂𝗻𝗱𝗲𝗿 𝘁𝗵𝗲 𝗖𝗶𝘃𝗶𝗹 𝗖𝗼𝗱𝗲. This means that each partner may have a share in the property, and neither can simply disregard the rights of the other.

“𝗘𝗵 𝗵𝗶𝗻𝗱𝗶 𝗻𝗮𝗺𝗮𝗻 𝗮𝗸𝗼 𝗻𝗮𝗴𝘁𝗿𝗮𝗯𝗮𝗵𝗼 𝗻𝘂𝗻𝗴 𝗹𝗶𝘃𝗲-𝗶𝗻 𝗸𝗮𝗺𝗶. 𝗡𝗮𝗴 𝗳𝗼𝗰𝘂𝘀 𝗹𝗮𝗻𝗴 𝗮𝗸𝗼 𝘀𝗮 𝗽𝗮𝗴-𝗮𝗮𝗹𝗮𝗴𝗮 𝗻𝗴 𝗯𝗮𝘁𝗮”

May karapatan ka pa rin!

The law recognizes that contributing to a family, even those without the benefit of a valid marriage, is not limited to earning an income.

Also under Article 147, properties acquired while the couple lived together are generally presumed to have been acquired through their joint efforts and are presumed to be owned equally, unless proven otherwise.

This means that even if only one partner earned an income, the other partner's contribution may still be recognized if it consisted of:

🏠 Taking care of the home;
👨‍👩‍👧 Raising and caring for the children; or
❤️ Supporting and maintaining the family.

In other words, a partner who devoted time and effort to caring for the household may still be considered a co-owner of properties acquired during the relationship.

Not all live-in relationships are covered by Article 147, and property rights will always depend on the specific facts of each case. The extent of each partner's rights and share in the property may also be affected by the rules on co-ownership and the evidence available.

If you are involved in a dispute over properties acquired during a live-in relationship, it is best to seek legal advice to understand your rights and available remedies.

📩 For legal consultation or case evaluation, you may message our office directly.

“𝗔𝗻𝗴 𝘁𝗼𝘅𝗶𝗰 𝗻𝗮. 𝗥𝗲𝘀𝗶𝗴𝗻 𝗻𝗮 𝗹𝗮𝗻𝗴.”

Pero hindi lahat ng “resignation” ay tunay na voluntary.

In Aguilar v. Burger Machine Holdings Corporation (G.R. No. 172062), the Supreme Court explained constructive dismissal as an involuntary resignation brought about by the employer’s acts. In simpler terms, it is when an employee is forced to leave because working conditions have become harsh, hostile, or unbearable, so much so that resignation becomes the only reasonable option.

It is a dismissal in disguise. On paper, it looks like the employee “resigned,” but in reality, the decision was not freely made.

Common signs may include:
1. sudden demotion or unreasonable reassignment
2. consistent humiliation or hostile treatment
3. exclusion from work without valid cause
4. unrealistic workloads or impossible expectations
5. creating an environment where resignation becomes the only escape

If this happened to you, your rights may have been violated and you may be entitled to:
1. Separation pay; and
2. Backwages, computed from the time of involuntary resignation

Employees have rights, and employers are not allowed to indirectly force resignations just to avoid lawful termination procedures.

If you are unsure whether your situation qualifies as constructive dismissal, it is best to have it properly assessed. Each case depends on the specific facts and documentation.

📩 For legal consultation or case evaluation, you may message our office directly.

𝐊𝐧𝐨𝐰 𝐭𝐡𝐞 𝐏𝐫𝐨𝐜𝐞𝐬𝐬: 𝐀 𝐒𝐓𝐄𝐏-𝐁𝐘-𝐒𝐓𝐄𝐏 𝐆𝐔𝐈𝐃𝐄 𝐎𝐍 𝐇𝐎𝐖 𝐓𝐎 𝐅𝐈𝐋𝐄 𝐀 𝐒𝐌𝐀𝐋𝐋 𝐂𝐋𝐀𝐈𝐌𝐒 𝐂𝐀𝐒𝐄

Small claims let you recover money faster and cheaper. And the best part? Lawyers are not allowed to appear on behalf of a party, you can handle it yourself! Here’s a simple step-by-step guide to get you started.

𝐒𝐭𝐞𝐩 𝟏: 𝐂𝐡𝐞𝐜𝐤 𝐢𝐟 𝐘𝐨𝐮𝐫 𝐂𝐥𝐚𝐢𝐦 𝐐𝐮𝐚𝐥𝐢𝐟𝐢𝐞𝐬

Not all cases can be filed as a small claim. You can file a small claims case if you are claiming payment for:
1. Unpaid rent or lease;
2. Unpaid loans or credit;
3. Unpaid services (like professional or repair fees); or
4. Unpaid sale of personal property (payment only, not the item itself).

You can also file to enforce a barangay settlement or arbitration award, as long as:
1. The claim does not exceed Php1,000,000; and
2. The barangay has not enforced it within 6 months.

𝐒𝐭𝐞𝐩 𝟐: 𝐂𝐡𝐞𝐜𝐤 𝐭𝐡𝐞 𝐀𝐦𝐨𝐮𝐧𝐭 𝐨𝐟 𝐘𝐨𝐮𝐫 𝐂𝐥𝐚𝐢𝐦

Before filing, make sure your claim qualifies as a small claim.
The total amount must not exceed One Million Pesos (Php1,000,000.00). Claims over this amount cannot be filed under the small claims procedure.

𝐒𝐭𝐞𝐩 𝟑: 𝐆𝐚𝐭𝐡𝐞𝐫 𝐘𝐨𝐮𝐫 𝐄𝐯𝐢𝐝𝐞𝐧𝐜𝐞

Collect all documents and proof that show the claim exists and the amount owed. Examples include:
1. Contracts, agreements, or promissory notes
2. Receipts, invoices, or billing statements
3. Screenshots of messages, emails, or chats showing the obligation
4. Proof of payment or partial payments made
5. Demand letters or written requests for payment

𝐒𝐭𝐞𝐩 𝟒: 𝐂𝐡𝐞𝐜𝐤 𝐖𝐡𝐞𝐫𝐞 𝐘𝐨𝐮 𝐚𝐧𝐝 𝐭𝐡𝐞 𝐎𝐭𝐡𝐞𝐫 𝐏𝐚𝐫𝐭𝐲 𝐋𝐢𝐯𝐞

Your address and the other party’s address determine:
1. Which court to file in, and
2. Whether barangay conciliation is required before going to court

Generally, a small claims case can be filed in the court where you or the other party lives, at your option.

However, if you both live in the same city or municipality, you may need to go through barangay conciliation first and obtain a Certificate to File Action prior to filing a small claims case in court.

𝐒𝐭𝐞𝐩 𝟓: 𝐅𝐢𝐥𝐥 𝐎𝐮𝐭 𝐭𝐡𝐞 𝐒𝐦𝐚𝐥𝐥 𝐂𝐥𝐚𝐢𝐦𝐬 𝐅𝐨𝐫𝐦

Complete Form 1-SCC (Statement of Claim). Include:
1. Details of your claim;
2. Parties involved and their personal details;
3. The relief or payment you are seeking;
4. Verification and Certification of Non-Forum Shopping (this is a statement you sign to confirm that you have not filed any other case against the same person for the same claim);
5. Evidence supporting your claim; and
6. Certificate to File Action (if applicable).

A soft-copy of Form 1-SCC may be accessed and downloaded here:https://oca.judiciary.gov.ph/wp-content/uploads/FORM-01-_SCC-Statement-of-Claim-1.pdf

Make sure everything is complete, accurate, and supported by evidence, as the court will rely on this during the proceedings.

Once done, file the form with the appropriate court along with the required filing fees.

For reference, you can read the full text of A.M. No. 08-8-7-SC here: https://sc.judiciary.gov.ph/wp-content/uploads/2022/11/08-8-7-SC-1.pdf

If you need assistance or have questions about filing a small claims case, feel free to send us a message. Our team is ready to guide you through the process and help you understand your options.

Case in Focus: CONTROLLING AND DOMINEERING CONDUCT AS GROUND FOR DECLARATION OF NULLITY OF MARRIAGE

In G.R. No. 259322, the Supreme Court agreed with the lower courts in declaring a marriage void because the wife was found to be psychologically incapacitated to fulfill her marital duties.

The evidence presented by the husband showed that his wife was controlling and abusive, including constantly demanding to know his whereabouts, making false accusations, and verbally and physically abusing him, among others.

A psychological evaluation diagnosed her with Narcissistic Personality Disorder with paranoid features, and found that her condition was serious, permanent, and present even before the marriage.

The Court concluded that her consistent controlling, abusive, and alienating behavior demonstrated a psychological incapacity to comply with the essential obligations of marriage, such as mutual love, respect, fidelity, and support.

You may read the full text of G.R. No. 259322 here:https://sc.judiciary.gov.ph/wp-content/uploads/2025/12/259322.pdf