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.
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Rape AND Incest Establishing Guilt Beyond Medical Findings
Reevaluating Criminal Liability When Lack OF Treachery Reduces Murder TO Homicide
Improvident Plea and Due Process in Capital Offenses: People v. Galvez
The Supreme Court nullified a death sentence because the trial court failed to conduct a searching inquiry before accepting a guilty plea in a capital case.
Treachery in Concerted Attacks: When Accomplices Share the Blame Under Philippine Law
The Supreme Court explains how treachery and conspiracy work together in murder cases, and why accomplices share equal blame.
Incestuous Rape Parental Authority VS Childs Right TO Protection
When a father rapes his child, parental authority yields to the child's right to protection. This article explains the legal principles and limits of parental power under Philippine law.
Treachery in Crimes Against Children: Ensuring Justice for Vulnerable Victims
The Supreme Court affirms murder conviction of a man who beat a two-year-old to death, clarifying treachery, mitigating circumstances, and penalties.
Due Process and Jurisdiction in Teacher Discipline: Emin v. De Leon
Emin v. De Leon clarifies due process and jurisdiction in administrative cases against public school teachers under the Magna Carta.
Integrity of Court Records: Consequences of Dishonest Practices by Court Personnel
The Supreme Court underscores that clerks of court must safeguard record integrity, imposing severe penalties for dishonest insertion of documents.
Court Personnel Accountability: The Duty to Safeguard Case Exhibits
A Supreme Court ruling on the duty of branch clerks of court and court personnel to safely keep case exhibits, and the consequences of failing to do so.
Breach OF Trust Revisiting Evidence AND THE Complexities OF Incest IN Philippine LAW
Uncertain Testimony in Rape Cases: Safeguarding Justice and Due Process
The Supreme Court clarifies that an imprecise date in a rape information does not void it, but failure to allege the victim's age bars the death penalty.
Death of Judge During Administrative Case Ends Proceedings to Protect Right to Be Heard
When a judge dies before an administrative investigation concludes, the case is dismissed to avoid violating due process rights.
Judicial Efficiency: The Imperative of Timely Case Resolution and Consequences of Delay
A judge's heavy caseload does not excuse delayed rulings. This case explains the duty to decide promptly and the penalties for failure.
Government Employees Strict Adherence TO Budgetary Laws Required FOR Salary Increases
Supreme Court rules government agencies must follow prescribed schedules for salary increases, affirming COA disallowances for premature payments.
Spontaneous Utterances When Statements AT THE Scene Become Evidence
A single eyewitness's spontaneous, on-the-spot statements can convict, but treachery must be proven from the attack's start.
Security of Tenure Prevails: No Leave Filing Needed When Suspended Pending Criminal Case
A government employee suspended pending a criminal case cannot be dropped from the rolls for not filing leave; security of tenure and due process protect her reinstatement.
Moral Ascendancy as Substitute for Force in Incestuous Rape Cases: People v. Marcellana
In incestuous rape, a father's moral ascendancy over his child substitutes for force or intimidation, the Supreme Court ruled in People v. Marcellana.
Deadline or Justice: The Strict Timeline for Challenging Tax Laws
A Supreme Court ruling on the mandatory 30-day window to appeal local tax ordinances and when procedural rules may be relaxed.
Tax Assessment vs Collection Notices: Due Process in Real Property Tax Disputes
Supreme Court clarifies the vital distinction between tax assessment and collection notices, and what this means for taxpayers' remedies.
Due Process in Bail Hearings: The Prosecution's Right to Present Evidence
The Supreme Court nullified a bail grant because the trial court denied the prosecution its day in court, reaffirming that bail hearings must respect due process for both sides.
Sequestration and Due Process: Prima Facie Basis for Government Action
The Supreme Court upholds Sandiganbayan's lifting of sequestration over HMHMI for lack of prima facie factual basis, reinforcing due process.
Amendment of Information: Balancing Procedural Rules and the Accused's Right to Due Process
When can the prosecution amend an Information after the accused pleads? The Supreme Court clarifies the distinction between formal and substantial amendments.
Parental Authority vs Incestuous Abuse: Why a Guilty Plea Did Not Ensure the Death Penalty
The Supreme Court affirms a father's rape conviction but reduces the death penalty to reclusion perpetua because the Information failed to state the victim's exact age.