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 337360 of 398 articles for clear and convincing evidence

Pacto de Retro Sales in the Philippines: When a Land Sale Is Not an Equitable Mortgage

Philippine Supreme Court ruling clarifies when a pacto de retro sale stands as a true sale, not an equitable mortgage.

Upholding Authenticity: Validating Contracts of Sale Despite Registration Lapses

Philippine Supreme Court clarifies that notarized deeds of sale remain valid and binding even if not registered with the Register of Deeds.

When Judges Notarize: Limits on Ex Officio Notarial Powers in Property Cases

A judge's unauthorized notarization of a private property document leads to a fine, clarifying ex officio notarial limits.

Positive Identification Overrides Alibi: Examining Witness Credibility and Delayed Reporting in Criminal Convi

The Supreme Court affirms a homicide conviction, rejecting self-defense, and clarifies the rules on witness credibility and delayed reporting.

Kidnapping for Ransom: Intent and Deprivation of Liberty Explained

Philippine Supreme Court ruling clarifies what proves intent and deprivation of liberty in kidnapping-for-ransom cases involving minors.

Treachery in Criminal Law: When an Unexpected Attack Qualifies as Murder

Explore when treachery elevates a killing to murder under Philippine law, and why courts demand clear proof before appreciating it.

When Excessive Force Destroys a Self-Defense Claim in Philippine Homicide Cases

The Supreme Court explains why 16 stab wounds negate self-defense and how excessive force turns a killing into homicide, not murder.

Homicide or Murder: Decoding Treachery and Premeditation in Philippine Criminal Law

The Supreme Court explains when treachery and evident premeditation qualify a killing as murder, and when the crime remains homicide.

Reformation of Contracts in the Philippines: Navigating Unforeseen Events and Economic Shifts

Philippine Supreme Court ruling on contract reformation, fortuitous events, and extraordinary inflation in lease agreements. Learn key legal principles.

Homicide vs Murder in the Philippines: Intent, Treachery, and the Burden of Proof

The Supreme Court explains when a killing is homicide, not murder, and why treachery and self-defense must be proven, not presumed.

Valid Substituted Service: How Philippine Courts Can Serve Summons Without Personal Delivery

Learn when substituted service of summons is valid in Philippine courts, what the sheriff's return must show, and how to challenge a default order.

Self-Defense in Philippine Law: Understanding Justifiable Homicide and the Burden of Proof

Explaining self-defense and justifiable homicide under Philippine law, including the requisites and the burden of proof on the accused.

Conspiracy and Criminal Liability in the Philippines: Accomplice vs Principal Liability

Understanding Philippine criminal liability through People v. Sarabia, explaining self-defense, treachery, and the distinction between accomplice and principal liability.

Treachery and Passion: Understanding Murder and Mitigating Circumstances in Philippine Law

The Supreme Court explains when sudden attacks qualify as treachery and why passion and obfuscation may reduce criminal liability.

Credibility of Eyewitness Testimony in Philippine Courts: Key Principles from People v. Agunos

Learn how Philippine courts assess eyewitness credibility in rape cases, from the Supreme Court's ruling in People v. Agunos.

Conspiracy in Robbery With Homicide: When Presence Means Principal Liability in Philippine Law

Philippine Supreme Court ruling on how conspiracy in robbery with homicide makes all participants liable as principals, even without direct participation in the killing.

Receipts as Proof of Sale: Understanding Contract Perfection in Philippine Real Estate Law

When does a real estate sale become binding? The Supreme Court explains receipt requirements, fraud, and contract perfection in this Philippine case.

Torrens Title vs. Fraud: Protecting Land Ownership in the Philippines

Learn how the Torrens system protects land ownership in the Philippines and why proving fraud requires clear and convincing evidence, based on a landmark Supreme Court case.

Unlawful Aggression Is Key to Self-Defense Claims in Philippine Law

Understand why unlawful aggression is the foundation of self-defense in Philippine criminal law, explained through a Supreme Court ruling.

Burden of Proof in Conspiracy: When Family Ties Aren't Enough for a Homicide Conviction in the Philippines

Philippine Supreme Court ruling on conspiracy, family ties, and the burden of proof in homicide cases—what the prosecution must establish.

When Presence Becomes Participation: Understanding Conspiracy in Philippine Criminal Law

Explore how the Supreme Court in People v. Sanchez defined conspiracy, distinguishing mere presence from concerted action in criminal liability.

When Circumstantial Evidence Speaks Volumes: Understanding Homicide Convictions in the Philippines

The Supreme Court explains how circumstantial evidence can prove homicide beyond reasonable doubt, and why dwelling aggravates the penalty.

Beyond Kicking: Understanding Conspiracy in Philippine Murder Cases

The Supreme Court acquits a man who kicked a murder victim, explaining when mere presence or minor acts do not prove conspiracy.

Philippine Security of Tenure: Why Fixed-Term Employment Can't Sidestep Regularization

The Supreme Court strikes down a fixed-term contract scheme that blocked an employee's regularization, reaffirming constitutional security of tenure for Philippine workers.