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 514 articles for prosecutor

Shareholder Derivative Suits and Private Prosecutor Intervention in Falsification Cases

The Supreme Court clarifies when a shareholder suit is truly derivative and when private prosecutors may intervene in criminal falsification cases.

Judicial Independence vs Executive Discretion in Criminal Prosecution: The Santos v. Orda Ruling

When may a court grant a prosecutor's motion to withdraw an information? The Supreme Court clarifies the limits of judicial deference to the DOJ.

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.

Reasonable Doubt Prevails When Circumstantial Evidence Falls Short of Conviction

Philippine Supreme Court clarifies when circumstantial evidence suffices for conviction in estafa cases, examining the limits of proof beyond reasonable doubt.

Estafa Conviction Upheld for Deceit in Mobilization Fund Scheme

Supreme Court affirms estafa conviction for contractor who misrepresented ability to mobilize equipment and misappropriated P600,000 mobilization fund.

B.P. 22 Conviction Requires Proof of Written Notice of Dishonor: The Sia Case

Conviction under the Bouncing Checks Law requires proof the accused received written notice of dishonor. The Sia case explains why.

Preserving Client Confidences Understanding Attorney Client Privilege AND ITS Limits IN THE Philippines

When does the duty to keep client secrets begin and end? A Philippine Supreme Court ruling clarifies the limits of attorney-client privilege.

Accidental Shooting Intent and Liability in Firearm Mishaps Under Philippine Law

Philippine Supreme Court ruling on robbery with homicide clarifies criminal liability when killings occur during heists, even if accidental.

Incestuous Rape Revisiting Penalties and the Application of Aggravating Circumstances

The Supreme Court clarifies penalties for incestuous rape, emphasizing proof of minority and the mandatory award of civil indemnity.

Parental Rights vs Child’s Affidavit of Desistance: Protecting Minors in Legal Proceedings

A judge was fined for dismissing a rape case based on a minor’s affidavit of desistance without parental consent or notice. Key family law lessons.

Incestuous Rape: Moral Ascendancy as Substitute for Force and Intimidation

In incestuous rape, a father's moral ascendancy over his daughter can substitute for force and intimidation, the Supreme Court ruled in People v. Madera.

Parental Authority vs Child's Rights: Rape by a Father and the Limits of Criminal Allegations

Father convicted of raping his 14-year-old daughter twice; Supreme Court affirms guilt but reduces death penalty to reclusion perpetua for procedural defects in the information.

Judicial Authority and Preliminary Investigations: Balancing Power and Procedure

Philippine Supreme Court clarifies that municipal trial court judges may conduct preliminary investigations, and errors in judgment alone do not warrant administrative liability.

Judicial Discretion vs Delay: Balancing Justice and Efficiency in Philippine Courts

Philippine Supreme Court clarifies when court delays warrant administrative liability, distinguishing error from bad faith in judicial discretion.

Proving Smuggling Without the Seized Goods: Witness Testimony as Corpus Delicti

The Supreme Court rules that smuggling can be proven by credible witness testimony alone, even without presenting the seized contraband in court.

The Weight of Fear: Evaluating Delay in Rape Cases Under Philippine Law

Philippine Supreme Court ruling on rape convictions, victim credibility, and why delay in reporting does not weaken a case.

Judicial Overreach Limits MCTC Authority in Libel Cases

The Supreme Court reminds judges that only specific courts may conduct preliminary investigations in libel cases under Article 360.

The Indispensable Hearing Safeguarding Rights in Bail Petitions

A Supreme Court ruling reminds trial courts that bail in capital offenses requires a full hearing, not just a motion.

Affidavits of Desistance: When Do They Overturn a Guilty Verdict?

When can an affidavit of desistance overturn a guilty verdict? The Supreme Court explains in Santos v. People.

Right to Information: Accused Cannot Be Convicted of a Crime Not Clearly Charged

The Supreme Court reinstates a rape case, ruling an information need only state the essential elements, not every detail.

The Right to Confrontation: Why Live Testimony Matters in Philippine Criminal Trials

The Supreme Court vacated a rape conviction because prosecutors used transcripts from another trial instead of presenting live witnesses, violating the accused's right to confrontation.

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.

Supreme Court Upholds Murder Conviction Despite Fugitive Status

The High Court affirms a murder conviction even as the accused remains at large, ruling on treachery, alibi, and the retroactive application of procedural rules.

Admission vs Confession: Key Distinctions in Philippine Criminal Evidence

Learn the legal difference between an admission and a confession in Philippine criminal cases, and why it matters for evidence and conviction.