Acharon Gacal & Espinosa Law Offices - AGE Law

Happy birthday, Atty. Joahanna Acharon!

Your leadership, dedication, and passion continue to inspire the entire AGE Law Offices family! Wishing you more success and blessings always.

DON’T SIGN UNLESS…

Before signing anything, remember to:
1. Read all provisions carefully.
2. Ensure you fully understand the terms.
3. Seek clarification with the party who prepared the document, if needed.
4. Do not sign under pressure or haste.
5. When in doubt, consult your lawyer.

In Diampoc vs Buenaventura (2018), Norma and Wilbur Diampoc filed a complaint to annul a deed of sale they entered into with respondent Buenaventura. They alleged that on July 2, 2000, Jessie Buenaventura caused them to sign a folded document without giving them the opportunity to read its contents. It was only later that they discovered that the instrument they signed was a deed of sale conveying half portion of a parcel of land they owned to Buenaventura. The Deed was notarized and registered with the Registry of Deeds.

To strike down the Deed of Sale, one of their main arguments was that they did not know what they were signing: they were deceived into believing that the papers were for a bank loan, that they failed to read the contents of the document because they were folded, it was dark, and that they were rushed into signing it because Jessie was in a hurry.

The Supreme Court still ruled against them. The above circumstances should not have prevented them from discovering the true nature of the document. They were high school graduates and thus literate. If they were prudent enough they could have read the document.

“Their failure to thus observe the care and circumspect expected of them precludes the courts from lending a helping hand, and so they must bear the consequences flowing from their own negligence.”

The rule is that one who signed a contract is presumed to know its contents. If a person is unable to read, it is his duty to procure some reliable person to read and explain it to him before he signs. If he can read, it is his duty to do so before he signs a contract. Failure to do so is gross negligence, and thus one who does not make the effort to know the contents of a document he is signing cannot assail it later on the ground that he was ignorant of its contents.

MYTH VS FACT - KATARUNGANG PAMBARANGAY PROCEEDINGS

Myth 1: "The barangay proceedings are just formalities before the real case. The barangay can't really do anything to me."
Fact: A settlement you sign before the Lupon has the force and effect of a final court judgment if not repudiated within 10 days under Section 416 of the Local Government Code. The barangay process has real legal teeth.

Myth 2: "It's okay to ignore a barangay summon."
Fact: Ignoring a summon has definite legal consequences.

A complainant who willfully fails to appear is barred from filing the same case in court.

A respondent who refuses to appear loses the right to file counterclaims and may be cited for indirect contempt of court under Section 515 of the Local Government Code.

Miranda Rights — what it is, where it came from, and why it matters

We hear these lines from American movies. “You have the right to remain silent. Anything you say can and will be used against you.”
We have it here in the Philippines too — actually in a stronger form.

Where did it come from?
It started with a 1966 U.S. Supreme Court case, Miranda v. Arizona. The ruling required police to inform suspects of their rights before any custodial interrogation. The Philippines adopted the doctrine and embedded it directly into the 1987 Constitution under Section 12(1), Article III.
Our version is actually stricter. In the U.S., a verbal waiver of rights can be valid. Here, any waiver must be in writing, and done in the presence of counsel.

The constitutional text.
“Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.”
— Article III, Section 12(1), 1987 Constitution

When do these rights apply?
Republic Act 7438 - Custodial investigation is defined as any questioning by law enforcement after a person has been taken into custody or deprived of their freedom in any significant way.
The moment that happens, Miranda rights apply.
RA 7438 adds one important requirement: the rights must be communicated in a language or dialect the person actually understands.

People v. Agustin, G.R. No. 247718 (March 3, 2021)

The accused was charged with r**e with homicide. He gave an extrajudicial confession at the police station. However in the Extrajudicial Confession, it shows that the rights were read to him in English. He replied “Yes sir.” He was uneducated and only spoke and understood Ilocano.

The Supreme Court threw out the confession and acquitted him.
The ruling is clear — informing someone of their rights means effective communication that results in actual understanding. Reading a script in a language the person doesn’t speak is not compliance but is actually denial of the right to be informed of his constitutional rights.

Breaking down the Miranda rights
Right to remain silent. You don’t have to say anything. Silence cannot be used against you. Silence cannot be construed as an admission of guilt. You are presumed innocent until proven guilty.

Right to competent and independent counsel. The Agustin case defines this well. The lawyer must be present at all stages of the interview, advising at every turn, and ready to stop the interrogation to give the accused a chance to continue, stay silent, or end the interview altogether. A lawyer who just sits there while the accused signs a confession is not competent and independent counsel. Also — a lawyer chosen by the police station, not by the accused, already raises serious doubts about independence.

Right to waive only in writing, in the presence of counsel. This stricter Philippine standard exists for one reason: to make sure that if someone gives up these rights, they do it knowingly, intelligently, and with someone who actually understands the law beside them.

Know your rights.
These rights exist because the moment you’re in a police station, the power imbalance is real. The Miranda rights are the law’s attempt to level that playing field before any questioning begins.

If you or someone you know is brought in for questioning, remember: say nothing, ask for a lawyer, and know that silence is not guilt.

Acharon Gacal & Espinosa Law Offices - AGE Law

Today, we honor the courage, sacrifice, and heroism of those who fought for our freedom.

In commemoration of Araw ng Kagitingan, may we continue to uphold the values of bravery, integrity, and patriotism in our daily lives.

Please be advised that our office will be closed tomorrow. However, we remain available for online legal consultations.

You may book your appointment by following the steps provided below through our Google Form or by scanning the Ask Abogado QR codes to view available schedules.

We look forward to assisting you. ✨⚖️

Warmest congratulations to all newly inducted lawyers!

Please be advised of our Holy Week office schedule.

May this Holy Week be a time of reflection and renewal for all.

AGE Law Offices proudly joined the IBPxMSU Law CLEP LEGAL AID CARAVAN AT BRGY. CITY HEIGHTS last March 13,2026.

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✅ Notarization
✅ Drafting of Simple Legal Documents

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