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 361384 of 472 articles for procedure

Eyewitness Testimony vs. Alibi: Proving Guilt Beyond Reasonable Doubt in Murder Cases

How a credible eyewitness account outweighs alibi and denial in Philippine murder convictions, per People v. Ticalo.

Rape vs Theft: Distinguishing Intent in Special Complex Crimes Under Philippine Law

When does robbery with rape apply? The Supreme Court clarifies that intent to take property must precede the rape, not follow it.

Dying Declarations and Circumstantial Evidence: People v. Norrudin Explained

The Supreme Court's ruling in People v. Norrudin shows how dying declarations and circumstantial evidence can prove murder beyond reasonable doubt.

Independent Civil Actions Under the Civil Code: No Reservation Needed, Even With a Pending Criminal Case

The Supreme Court clarifies that civil claims based on the Civil Code may proceed independently of criminal cases, with no prior reservation required.

Special Appearance and Summons: When It Does Not Mean Consent to Jurisdiction

Philippine Supreme Court clarifies that special appearances to question summons do not waive jurisdictional objections, and substituted service has strict rules.

Dismissal for Judicial Misconduct: Impartiality and Diligence in Granting Hospital Confinement

A judge's dismissal for granting hospital confinement without hearing shows why diligence and impartiality are non-negotiable in every judicial act.

Premature Execution Judgment Required Before Enforcing Court Orders

Philippine Supreme Court rules that a writ of execution requires a final judgment, voiding premature enforcement in David v. Velasco.

Sheriff’s Neglect of Duty: When Failure to Implement a Writ Means Dismissal

The Supreme Court held a sheriff liable for grave misconduct and gross dishonesty for failing to implement a writ of preliminary attachment and mishandling funds.

Baseless Administrative Complaints Against Judges: Lessons from Manahon v. Judge Tan

The Supreme Court dismissed a baseless administrative complaint against a judge, reinforcing that substantial evidence is required and frivolous charges will be reprimanded.

Forum Shopping in Philippine Courts: When Filing Multiple Petitions Backfires

Philippine Supreme Court explains forum shopping through a barangay captain's dismissed petition against an Ad Hoc Committee.

Fair Rental Value in Unlawful Detainer: Key Lessons from Catungal v. Hao

How Philippine courts determine fair rental value when a lease expires, based on the Supreme Court's ruling in Catungal v. Hao.

Airport Security Checks and Your Rights: The Johnson Case Explained

Understand your rights during airport security frisks in the Philippines, based on the Supreme Court's ruling in People v. Johnson.

Invalid Promulgation of Judgment: When Philippine Courts Fail to Follow Procedure

Philippine Supreme Court explains what makes a valid promulgation in absentia and when the accused's right to appeal accrues.

Third-Party Claims in Philippine Execution Sales: Protecting Your Property

Learn how spouses and third parties can protect their property from wrongful execution sales in the Philippines, based on the Supreme Court's ruling in Naguit v. Court of Appeals.

Cutting Utility Lines Without a Permit: Unjust Vexation Under Philippine Law

Learn how the Supreme Court's ruling in Ong Chiu Kwan v. Court of Appeals treats unauthorized cutting of utility lines as unjust vexation.

Escheat of Unclaimed Bank Deposits in the Philippines: Procedure and Due Process

Learn how Philippine escheat law works for unclaimed bank deposits, why publication is required, and why certiorari cannot replace a missed appeal.

Single Credible Witness Can Secure Conviction: People v. Sabado Explained

A single credible eyewitness can convict in Philippine courts. Learn how People v. Sabado demonstrates the quality-over-quantity principle in evidence.

Credit Card Fraud Liability in the Philippines: What Ermitaño v. BPI Means for Cardholders

Philippine Supreme Court ruling on credit card fraud liability: cardholders who promptly report lost cards aren't liable for unauthorized charges.

Sheriffs Duty in Judgment Execution: Avoiding Excessive Levy and Misconduct

Philippine Supreme Court ruling on sheriffs' duty to avoid excessive levy in judgment execution and the consequences of misconduct.

Improvident Plea of Guilt in the Philippines: The Searching Inquiry Requirement

A guilty plea in a capital offense requires a searching inquiry. Learn what makes a plea improvident and how courts protect the accused.

Hearsay Evidence in Philippine Courts: When Sworn Statements Are Admissible

Sworn statements can be admitted in Philippine courts not to prove their truth, but to show they were made. Learn the hearsay rule's limits.

Qualified vs Simple Rape in Philippine Law: The Importance of Clear Charges

Why the Supreme Court downgraded a death sentence for qualified rape to simple rape, and what it means for criminal procedure.

Habeas Corpus Appeals in the Philippines: The 15-Day Rule Explained

The Supreme Court confirmed that habeas corpus appeals now follow the 15-day period under the 1997 Rules of Civil Procedure, replacing the old 48-hour rule.

Sheriff’s Authority in Property Levy: What Francisco v. Cruz Teaches About Execution Sales

Learn how Francisco v. Cruz defines a sheriff’s limits in property levy and execution sales, and how to protect your rights.