Legal Insights

Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.

Showing 217240 of 576 articles for criminal case

Accountability Under the Law: Presumption of Malversation in Public Office

A clerk of court's failure to remit judiciary funds raises the presumption of malversation. Learn the rules on public accountability.

Treachery and Conspiracy in Philippine Murder Cases: What the Supreme Court Said

A 2014 Supreme Court ruling explains how treachery and conspiracy establish guilt in murder cases. Learn the rules and practical takeaways.

Civil Liability Despite Acquittal When Medical Negligence Results in Damages

Acquittal in a criminal case does not erase civil liability. Learn how Philippine courts award damages based on preponderance of evidence.

SEC Suspension Order as Defense in B.P. 22 Cases: Gidwani v. People

Supreme Court rules SEC suspension of payments order excuses check dishonor under B.P. 22, reversing conviction of corporate officer.

Breach of Contract and Banks' Liability: Understanding Hold Out Clauses in Deposit Agreements

When can a bank freeze a depositor's account? The Supreme Court explains the limits of "hold out" clauses in deposit agreements.

Libel and Public Interest: When Acquittal Does Not Always Mean Freedom From Civil Liability

Explore the Co v. Muñoz ruling on libel, privileged communication, and when acquittal may still leave room for civil liability claims.

Hearsay on Trial: Proving Misconduct in Philippine Administrative Law

A look at Far Eastern Surety v. People, on bail bond liability, forgery claims, and the proper mode of appeal under Rule 45.

Sexual Harassment by a Lawyer: When Misconduct Erodes Client Trust

A lawyer who sexually harasses a client faces suspension. The Supreme Court explains why such conduct betrays the profession's core values.

Prescription Period for Ordinance Violations: Filing the Complaint vs. the Information

When does prescription run for ordinance violations? The Supreme Court clarifies whether filing a complaint with the prosecutor interrupts the period.

Intent to Kill: Assessing the Elements of Frustrated Homicide in Philippine Law

How Philippine courts determine intent to kill in frustrated homicide cases, explained through a Supreme Court ruling on a scythe attack.

Judicial Independence: No CSC Clearance Required for Retiring Judiciary Employees

The Supreme Court rules that retiring judiciary employees need not secure CSC clearance for administrative cases, upholding judicial independence.

Probable Cause in Kidnapping Cases: When Prosecutors Overstep Their Role

The Supreme Court clarifies the standard for probable cause in preliminary investigations and when a prosecutor's dismissal amounts to grave abuse of discretion.

When Business Downturns Lead to Employee Layoffs: Understanding Retrenchment Under Philippine Law

Learn the legal rules on retrenchment in the Philippines, including valid grounds, procedural requirements, and worker protections.

Speedy Trial vs Consolidation: Protecting the Accused's Rights

The Supreme Court rules that consolidating criminal cases cannot override an accused's constitutional right to a speedy trial.

Private Prosecutors in Perjury Cases: Upholding the Offended Party's Rights

Explaining when a private prosecutor may intervene in perjury cases, citing the Supreme Court's ruling in Lee Pue Liong v. Chua Pue Chin Lee.

Independent Civil Actions and Criminal Liability: Prejudicial Questions in Estafa Cases

When does a civil case suspend a criminal prosecution? The Supreme Court clarifies the prejudicial question rule in estafa cases.

Finality of Ombudsman Decisions: Limited Judicial Review in Administrative Cases

A Supreme Court ruling clarifies the proper remedy for appealing Ombudsman decisions and the limits of judicial review in administrative cases.

Teacher Discipline and Due Process: Grave Misconduct in Philippine Schools

A teacher's physical punishment of a student constitutes grave misconduct, but mitigating factors can temper the penalty of dismissal.

Attorney’s Fees in the Philippines: When Courts Can Award Them

Philippine courts cannot award attorney's fees without clear justification. Learn the rules under Article 2208 of the Civil Code.

Child Abuse vs Physical Injury: Delineating Intent in Acts Against Minors

When does hitting a child become child abuse under RA 7610? The Supreme Court clarifies the crucial role of intent in Bongalon v. People.

Retirement Bars Administrative Action: Jurisdictional Limits in Philippine Law

When a judge retires before an administrative complaint is filed, the Court loses jurisdiction to penalize him. This article explains the rule.

Balancing Due Process and Anti-Money Laundering: Freeze Orders and Property Rights

Supreme Court rules indefinite freeze orders violate due process; six-month extension limit applies under the Rule in Civil Forfeiture Cases.

Proof of Notice in B.P. 22 Cases: Registry Receipt Alone Insufficient

In B.P. 22 cases, a registry return receipt alone cannot prove notice of dishonor. Learn what evidence the prosecution must present.

Military Jurisdiction Retirement Does NOT BAR Court Martial Proceedings

Philippine Supreme Court ruling on military jurisdiction, retirement, and court martial proceedings explained for lay readers.