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 Intimidation: Why the Absence of Resistance Does Not Mean Consent
The Supreme Court ruled that a rape victim need not resist to the death; submission brought about by intimidation is not consent under Philippine law.
Airline Passenger Rights: When Rerouting Breaches the Contract of Carriage
Philippine Supreme Court ruling on when airlines breach carriage contracts by rerouting passengers without consent, and what damages apply.
Rape and the Absence of Consent: Force and Intimidation in Philippine Law
Philippine Supreme Court clarifies statutory rape and sexual assault elements, emphasizing that force is presumed when the victim is under 12.
When Consent Doesnt Protect Kidnapping for Ransom and the Limits of Voluntary Association
The Supreme Court affirms death sentences for kidnappers, rejecting claims that voluntary surrender as rebels shields them from common crime liability.
Rape and Consent: Understanding Force and Intimidation in Philippine Law
The Supreme Court clarifies how force and intimidation prove rape without consent, and when minority aggravates the crime.
Judicial Efficiency vs Protracted Delay: The Duty of Judges to Resolve Motions Promptly
The Supreme Court clarifies that provisional dismissal of criminal cases requires the accused's express consent and notice to offended parties.
Lawyer Suspended for Falsifying Documents and Fraudulent Land Sale
Supreme Court suspends lawyer for five years for forging a special power of attorney to sell clients' land without consent.
Optional Retirement Rights and Labor Tribunals' Limits in Illegal Dismissal Cases
Supreme Court clarifies optional retirement requires explicit employee consent, and labor tribunals lack jurisdiction over tax refund claims.
Rape and the Burden of Proof: Consent and Minority in Philippine Law
The Supreme Court acquits a rape accused, clarifying that mental retardation must be proven beyond reasonable doubt, not presumed.
Rape of a Person with Mental Retardation: Lack of Consent and Legal Implications
Philippine Supreme Court rules sexual intercourse with a mental retardate is rape even without force, as she cannot validly consent.
Consent Under Scrutiny Safeguarding Rights IN Rape Cases Involving Alleged Mental Incapacity
Consent Is Key: Understanding the Burden of Proof in Rape Cases
The Supreme Court explains why proving lack of consent in rape cases requires credible evidence, not just allegations.
Conditional Sales of Co-Owned Property: Understanding Consent and Obligations
Explore the Supreme Court's ruling on reconveyance actions, prescription periods, and the rights of buyers in conditional sales of co-owned property.
Conspiracy and Consent: Examining the Elements of Rape in Philippine Law
The Supreme Court clarifies rape elements, consent, and qualifying circumstances in a father's conviction for raping his 10-year-old daughter.
Rape Conviction Upheld Categorical Identification AND THE Absence OF Consent
Philippine Supreme Court affirms rape conviction, explaining categorical victim identification and how resistance, not consent, defines the crime.
Acquittal in Rape Case: Reasonable Doubt and Consensual Acts Explained
Philippine Supreme Court clarifies when acquittal in rape is proper — reasonable doubt vs. consent, evidence rules, and penalties.
Rape and Consent: Proving Force or Intimidation Beyond a Sweetheart Defense
The Supreme Court affirms that a sweetheart relationship does not negate rape; force or intimidation must still be proven.
Rape and Abuse of Trust: Upholding the Sanctity of Consent and Familial Relationships
The Supreme Court affirms rape conviction where a guardian-like relative used force and threats, underscoring that consent is never presumed within familial bonds.
Rape Conviction Stands Even Without Physical Injury: Absence of Genital Wounds Does Not Mean Consent
Philippine Supreme Court ruling: rape of a mentally incapacitated victim needs no genital injury; absence of wounds does not imply consent.
Rape Conviction Upheld: The Victim's Testimony and a Minor's Inability to Consent
In People v. Serado, the Supreme Court affirmed a rape conviction, ruling that a child under twelve is legally incapable of consenting to sexual acts.
Security of Tenure: Illegal Transfers as Constructive Removal in Philippine Civil Service
The Supreme Court ruled that transferring a permanent government employee without consent and without cause violates security of tenure and amounts to constructive removal.
Rape and Consent: Examining Force and Intimidation in Philippine Law
The Supreme Court affirms a death sentence for statutory rape of a six-year-old, clarifying that force is presumed when the victim is under twelve.
Rape and Consent: The Indelible Requirement of Free Will in Sexual Assault Cases
Philippine Supreme Court ruling on rape, consent, and unconscious victims. Learn the legal standards and practical takeaways.
Forcible Abduction: Consent, Lewd Designs, and the Limits of the Sweetheart Defense
The Supreme Court clarifies forcible abduction under Article 342, when consent matters, and why failed rape evidence still proves lewd designs.