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 313336 of 1,092 articles for penalty

Reassessing Criminal Liability From Murder to Homicide Based on Evidence of Intent and Treachery

The Supreme Court clarifies when a killing is murder or homicide, requiring proof of treachery and intent beyond reasonable doubt.

Self-Defense vs. Treachery: The Boundaries of Justifiable Homicide in Philippine Law

The Supreme Court clarifies when self-defense fails and treachery qualifies a killing as murder under Philippine law.

Sheriff Duties and Neglect in Attachment Cases: Protecting Your Property Rights

Learn how sheriffs must handle attached properties, their inventory duties, and what happens when they neglect these responsibilities.

Notarization Rules: When a Notary Public Violates the 2004 Rules on Notarial Practice

The Supreme Court defines the strict personal appearance requirement for notarization and the penalties for violating notarial rules.

Aider and Abettor Establishing Criminal Liability in Rape Cases Through Conspiracy

Philippine Supreme Court rules that a person who aids a rape by holding the victim's legs is equally guilty through conspiracy.

Defense of Relatives and Unlawful Aggression in Philippine Criminal Law

The Supreme Court clarifies when defense of relatives justifies a killing and why unlawful aggression is its indispensable requirement.

Lawyer Suspended for Lending Money to Client: Breach of Fiduciary Duty

Supreme Court suspends lawyer for three months for lending money to a client, citing Rule 16.04 of the Code of Professional Responsibility.

Lawyer Suspended for Lending Money to Client: A Lesson in Legal Ethics

The Supreme Court suspended a lawyer for lending money to a client and foreclosing on the mortgage—a clear violation of the Code of Professional Responsibility.

Possession Is Prima Facie Evidence: Understanding Fencing Under Philippine Law

The Supreme Court explains how mere possession of stolen goods can convict a person of fencing under PD 1612, and clarifies the proper penalty.

Credible Testimony Alone Sufficient for Rape Conviction Despite Lack of Physical Evidence

Philippine Supreme Court clarifies that a rape conviction can rest on credible victim testimony alone, even without medical or physical evidence of penetration.

Custodial Investigation and Confessions in Qualified Theft: People v. Cabanada

When does a police interview become custodial investigation? People v. Cabanada clarifies Miranda rights and confession admissibility in theft cases.

Denial of Child Support as Economic Abuse Under RA 9262: Key Lessons from Melgar v. People

The Supreme Court rules that withholding child support is economic abuse under RA 9262, even without proof of psychological anguish.

Corporate Rehabilitation Stay Orders: What They Mean for Property Claims

The Supreme Court explains how a stay order in corporate rehabilitation suspends all claims, including demands for specific performance of property sales.

Breach of Public Trust: Defining Misconduct and Dishonesty in Government Service

The Supreme Court affirms penalties against a former PCGG chairman for grave misconduct, serious dishonesty, and conduct prejudicial to the best interest of the service.

Notarial Duty and Administrative Liability: Upholding Integrity in Court Services

A branch clerk of court was suspended for notarizing documents without following the 2004 Rules on Notarial Practice. Learn the rules and risks.

Sheriff’s Duty to Follow Execution Procedures and the Consequences of Neglect

A sheriff’s failure to follow execution rules—from expense estimates to auction notices—can mean dismissal. The Supreme Court explains why.

Self-Defense Claims and the Limits of Justification: The Panerio Case

The Supreme Court clarifies when self-defense fails and why multiple wounds negate it, reducing murder to homicide.

Supreme Court on Self-Defense and Treachery in Homicide Cases

The High Court clarifies when self-defense fails and why treachery cannot be presumed in killings.

Upholding Ethical Conduct: Disciplinary Action for Abuse of Court Processes

The Supreme Court suspends a lawyer for two years for dilatory tactics that delayed execution of a final judgment, violating the Lawyer's Oath and Code of Professional Responsibility.

Dismissal for Immoral Conduct: Upholding Decency in the Judiciary

The Supreme Court dismisses a process server for exposing himself to a janitress, ruling it disgraceful and immoral conduct—a second offense warranting the severest penalty.

Perpetual Disqualification and Material Misrepresentation in Election Candidacy

The Supreme Court ruled that filing a Certificate of Candidacy while under perpetual disqualification is material misrepresentation, voiding the CoC and making votes stray.

Insanity Plea Under Scrutiny: The Fine Line Between Confusion and Criminal Responsibility

The Supreme Court clarifies when confusion amounts to insanity exempting an accused from criminal liability, and when it does not.

RA 10951 Retroactive Application: Modifying Malversation Penalties After Final Judgment

Explains Hernan v. Sandiganbayan, where the Supreme Court allowed RA 10951's favorable penalty reduction to apply even after final judgment in malversation cases.

Totality of Infractions: Delineating Just Cause for Termination in Philippine Labor Law

The Supreme Court clarifies when past offenses may justify dismissal under the totality of infractions principle, balancing employer prerogative and employee rights.