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 265288 of 475 articles for prosecution

Ombudsman’s Authority to Impose Administrative Sanctions on Erring Officials

The Supreme Court affirms the Ombudsman's power to directly impose administrative penalties, not just recommend them, on erring public officials.

Mission Orders and Memorandum Receipts: When They Don't Replace a Firearms License

The Supreme Court clarifies that mission orders and memorandum receipts cannot substitute for a valid firearms license, even for confidential agents.

Theft vs. Estafa: When Misusing Entrusted Funds Becomes Theft in the Philippines

Philippine Supreme Court clarifies when misappropriating funds received for a specific purpose constitutes theft rather than estafa.

The Fine Line Between Unpaid Bills and Criminal Fraud Estafa in Restaurant Settings

When does an unpaid restaurant bill become a criminal offense? A Supreme Court ruling clarifies when non-payment crosses into estafa.

Bail and State Witness Rules in Murder and Parricide Cases: The Valerio Case

The Supreme Court clarifies when bail may be denied and when an accused may be discharged as state witness in murder and parricide cases.

Shared Intent Shared Liability Understanding Conspiracy in Philippine Criminal Law

Learn how conspiracy works in Philippine criminal law, when co-accused share liability, and what the Supreme Court says about proving a common design.

Self-Defense and Unlawful Aggression: Burden of Proof in Philippine Homicide Cases

Philippine Supreme Court ruling on self-defense, unlawful aggression, and the accused's burden of proof in homicide cases.

Treachery and Witness Credibility in Philippine Murder Convictions

How credible eyewitness testimony and treachery shape murder convictions in the Philippines, with lessons from People v. Dulanas.

Bare Denials Cannot Overcome Positive Testimony in Buy-Bust Drug Convictions

Explore how the Supreme Court affirmed drug convictions despite denials, emphasizing the weight of positive police testimony in buy-bust operations.

Serious Physical Injuries in the Philippines: The Pilares Case Explained

Understand serious physical injuries under Philippine law through the Pilares case, including penalties, evidence, and self-defense considerations.

Reopening Criminal Cases in the Philippines: The Hearing Requirement Under Rule 119

When can a Philippine court reopen a criminal case before judgment? The rules require a hearing—and the Supreme Court has enforced that requirement.

Buy-Bust Operations and Warrantless Arrests Under RA 9165: What the Supreme Court Said

A Supreme Court ruling clarifies when buy-bust arrests are valid without a warrant and how penalties are imposed under RA 9165.

When Is a Buy-Bust Operation Legal in the Philippines? Key Rules from People v. Nicolas

Philippine courts uphold buy-bust operations as valid drug enforcement, even without prior surveillance. Learn the essential elements and your rights.

Charged With A Major Crime Philippine Law on Lesser Offenses Explained

Learn how Philippine courts treat charges for election offenses, the importance of the information's factual recital, and the rules on appeals.

Malicious Prosecution in Estafa Cases: When a Criminal Complaint Becomes a Tort

The Supreme Court clarifies when filing an estafa complaint without probable cause constitutes malicious prosecution, making the complainant liable for damages.

Balancing Property Rights and Law Enforcement: The Release of Seized Goods in Intellectual Property Cases

Philippine Supreme Court ruling on the release of seized goods in IP cases, balancing property rights and law enforcement.

B.P. 22 Conviction Requires Proper Presentation of Notice of Dishonor: The Tan Case

A B.P. 22 conviction requires the prosecution to properly present the notice of dishonor in court; failure to do so negates the presumption of knowledge of insufficient funds.

When Self-Defense Fails: Justifying Force in Lawful Duty Requires Reasonable Response

The Supreme Court clarifies when self-defense and performance of official duty justify killing, and why both failed for PNR security officers.

Attorney Negligence in the Philippines: Upholding Client Trust and Diligence

A lawyer's failure to file a memorandum and return a client's money order leads to reprimand, reaffirming duties of diligence and fidelity.

Malversation of Public Funds in the Philippines: When Reimbursement Does Not Erase Liability

Failure to liquidate public funds can lead to malversation conviction even if the amount is later reimbursed. Learn the rules and key lessons from a Supreme Court case.

Jumping Bail in the Philippines: Why Absconding Can Cost You Your Appeal — Lessons from Alva v. Court of Appea

Can fleeing while on bail kill your appeal? The Supreme Court says yes. Learn the rules from Alva v. Court of Appeals.

Good Faith as a Defense in Philippine Election Offenses: The Garcia Case

When can good faith excuse an election officer's error? The Garcia ruling explains intent in vote canvassing offenses under RA 6646.

Attempted vs. Consummated Rape in the Philippines: The Penetration Rule in People v. Miranda

Philippine law once required penile penetration for consummated rape. People v. Miranda shows why digital penetration meant attempted rape—and a lesser penalty.

Unreliable Eyewitness Testimony: Rabanal v. People and Proof Beyond Reasonable Doubt

The Supreme Court's ruling in Rabanal v. People shows how inconsistent eyewitness testimony and contradicting physical evidence can lead to acquittal.