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 409432 of 1,022 articles for judge

Sheriffs Misconduct Upholding Integrity IN Writ Execution 2

When a sheriff oversteps in enforcing a writ, the Supreme Court steps in. Learn the rules on sheriff's expenses and conduct.

Sheriff Dismissed for Unauthorized Auction and Falsified Sale Certificate

A sheriff who conducted an auction without authority and falsified a certificate of sale was dismissed from service for grave misconduct.

Rape Conviction Affirmed: Credibility of Victim's Testimony and Weak Defenses of Denial and Alibi

The Supreme Court affirms a rape conviction, ruling that a credible victim's testimony suffices and that denial and alibi are weak defenses.

The Expert Witness Imperative: Proving Medical Negligence in the Philippines

Philippine courts require expert medical testimony to prove negligence in most malpractice cases. Learn the rules and practical steps.

Judge Suspended for Gross Ignorance of Law in Misapplying Contempt Powers

A judge's misuse of contempt powers—citing a prosecutor for indirect contempt when only direct contempt applied—led to a six-month suspension.

When Silence Isn't Golden: Delayed Witness Testimony and the Pursuit of Justice in Murder Cases

A delayed eyewitness affidavit doesn't automatically destroy credibility, the Supreme Court rules in People v. Cawaling, affirming a murder conviction.

Victim Identification Trumps Alibi: The Eduarte Robbery Case

When a victim positively identifies a robber and chases him down, a mere denial and alibi cannot overcome credible testimony.

Corporate Liability and Bouncing Checks: Clarifying the Scope of B.P. Blg. 22

The Supreme Court clarifies that corporations cannot be impleaded in B.P. 22 cases, but creditors may still pursue separate civil actions against them.

DNA Evidence and Paternity: Establishing Paternity Beyond Reasonable Doubt in Rape Cases

How the Supreme Court first applied the DNA Rules to confirm paternity and uphold a rape conviction.

Probable Cause vs Prosecutorial Discretion: The Metrobank v. Gonzales Ruling on Trust Receipt Estafa

The Supreme Court clarifies the limits of the Secretary of Justice's power to reverse probable cause findings in trust receipt estafa cases.

Limits of Mandamus Court Discretion in Criminal Case Dismissals in the Philippines

Philippine Supreme Court clarifies when mandamus can compel a judge to dismiss criminal cases, and when it cannot.

Execution Pending Appeal Barred by Unresolved Motion for Reconsideration

Philippine Supreme Court rules that a pending motion for reconsideration prevents discretionary execution of a trial court judgment.

Court Personnel Accountability: Dismissal for Fund Shortages and Dishonesty

Supreme Court affirms dismissal of court employee for P147,972.60 in fund shortages, missing receipts, and dishonest collection practices.

Judicial Efficiency: The Mandate for Timely Resolution of Cases

The Supreme Court reminds judges that the 90-day period to decide cases is mandatory, not merely directory.

Newspaper Circulation and Foreclosure: Ensuring Public Notice in Property Sales

Supreme Court nullifies foreclosure sale because notice was published in a newspaper not circulated in the city where the property was located.

When Acquittal Extinguishes Civil Liability: Understanding Reckless Imprudence Cases

Learn how acquittal in reckless imprudence cases affects civil liability, based on Philippine Supreme Court rulings and key legal principles.

Due Process and Arrest Warrants: Notice Requirements in Summary Procedure Cases

When can a court issue an arrest warrant in summary procedure cases? The Supreme Court clarifies the notice requirement and due process rules.

Execution Pending Appeal in Election Protests: Court Personnel Cannot Exercise Judicial Discretion

Supreme Court clarifies that court personnel cannot exercise judicial discretion in granting execution pending appeal in election contests.

Finality of Judgment in Disbarment Cases: What Lawyers and Clients Should Know

A disbarred lawyer's attempt to reopen his case fails, as the Supreme Court enforces the doctrine of finality of judgment and cites him for indirect contempt.

Upholding Public Trust: Dismissal for Gross Immorality in the Judiciary

A judge's extramarital affair led to dismissal from service and suspension from law practice, reaffirming strict ethical standards for the bench.

Eyewitness Identification and Inconsistent Statements in Robbery with Homicide Cases

How Philippine courts weigh eyewitness testimony, minor inconsistencies, and alibi defenses in robbery with homicide convictions.

Conspiracy and Falsification: Probable Cause in Private Document Cases

How the Supreme Court clarified that conspiracy allegations in falsification cases need only probable cause at preliminary stages, not proof beyond reasonable doubt.

Rape Conviction Affirmed: Victim Testimony and Intimidation in Sexual Assault Cases

The Supreme Court affirms a rape conviction, explaining how victim testimony, intimidation, and corroborating evidence establish guilt beyond reasonable doubt.

Notarizing Without a Commission: When a Lawyer’s Mistake Becomes Malpractice

The Supreme Court suspends a lawyer for notarizing documents after his commission expired, ruling that ignorance or reliance on staff is no excuse.