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 531 articles for prosecution

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.

Judicial Accountability: Good Faith Exception for Erroneous Judgments

Philippine Supreme Court clarifies that judges cannot be disciplined for erroneous rulings made in good faith, absent fraud or malice.

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.

Overt Acts and Intent: Understanding Attempted Rape Convictions in the Philippines

The Supreme Court explains when acts amount to attempted rape and when they only constitute light coercion.

Falsification of Private Documents: Intent to Damage Is Key in Philippine Law

Philippine law requires proof of intent to cause damage for falsification of private documents. Learn the rules from a Supreme Court ruling.

The Weight of Witness Testimony and Identity in Homicide Convictions

How Philippine courts assess eyewitness identification and credibility in homicide cases, and why knowing a face matters more than knowing a name.

Estafa Through Misappropriation: Liability Even Without Direct Handling of Property

Supreme Court clarifies that estafa under Article 315(1)(b) can arise even when property is received by an employee, not the accused directly.

Vehicular Homicide vs. Murder: Intent and the Use of a Motor Vehicle

When does a fatal vehicular incident become murder? The Mallari case shows how intent and the use of a motor vehicle elevate the crime.

Self-Defense vs. Vengeance: Defining the Limits of Justifiable Force in Philippine Law

The Supreme Court clarifies when the defense of another justifies force, and when it becomes criminal vengeance under Philippine law.

Deputy Ombudsman Impeachment Limits Clarified by Supreme Court

The Supreme Court clarifies that Deputy Ombudsmen are not impeachable officers, settling a long-standing constitutional question.

Good Faith Payments and Prior Satisfaction as Grounds for Acquittal in BP 22 Cases

Supreme Court acquits corporate officer in BP 22 case where the dishonored check was fully paid two years before charges were filed.

Self-Defense in Homicide Cases: Proving Justification in the Philippines

When claiming self-defense in Philippine homicide cases, the accused bears the burden of proving all elements by clear and convincing evidence. Learn the rules.

Estafa vs. Breach of Contract: When a Failed Deal Is Not a Crime

Philippine Supreme Court ruling clarifies when failure to deliver goods after advance payment is civil breach, not criminal estafa.

Smuggling and the Presumption of Guilt: Possession and Tax Obligations in Philippine Law

When does possession of untaxed goods create a presumption of smuggling under Philippine law? The Supreme Court explains in Rieta v. People.

When a Barangay Captain Cannot Be Independent Counsel: Extrajudicial Confessions and the Constitution

A barangay captain who is a lawyer cannot act as independent counsel for a suspect. The Supreme Court explains why the confession was inadmissible.

Mootness Doctrine and Acquittal: When Court Rulings Lose Relevance

Explaining when court rulings become moot and academic, and how acquittal affects pending criminal cases in the Philippines.

When Self-Defense Fails: Unlawful Aggression and Retaliation in Homicide Cases

Understand when self-defense claims fail in Philippine homicide cases, focusing on unlawful aggression and retaliation requirements.

Self-Defense in Philippine Law: Proving Unlawful Aggression for Justification

Learn what Philippine courts require to prove unlawful aggression in self-defense, and why mere threats or insults do not justify killing.