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 527 articles for prosecutor

Parental Authority VS Statutory Rape Allegation OF Minority Must BE Explicit FOR Qualified Rape Conviction

SC rules minority must be alleged in information for qualified rape; Laciste convicted of simple rape, not death penalty.

Proving Victim’s Age in Rape Cases: When Death Penalty Fails

In People v. Virrey, the Supreme Court ruled that minority must be proven beyond reasonable doubt before the death penalty can be imposed in rape cases.

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.

Rape With Deadly Weapon Intimidation Consent And The Boundaries Of Legal Proof

Philippine Supreme Court ruling on rape with intimidation, deadly weapon, desistance, alibi, and proof of minority.

Diminished Liability When Lack of Treachery Reduces Murder to Homicide

When does a killing become homicide instead of murder? The Supreme Court explains how the absence of treachery lowers the crime and its penalty.

Judicial Duty vs Dereliction: Balancing Discretion and Due Diligence in Preliminary Investigations

A judge's dismissal of a case without proper preliminary investigation constitutes dereliction of duty, as shown in this administrative case.

Illegal Possession of Firearms: Essential Elements and Double Jeopardy Explained

Understand the essential elements of illegal possession of firearms under PD 1866, as amended by RA 8294, and when double jeopardy applies.

Beyond Labels: How Factual Allegations Define Criminal Charges in Philippine Courts

Philippine courts look past the label of a complaint to its factual allegations to determine jurisdiction, as Fabia v. Court of Appeals shows.

Circumstantial Evidence and Robbery With Homicide: Establishing Guilt Beyond Reasonable Doubt

How the Supreme Court upheld a robbery-with-homicide conviction based on circumstantial evidence, flight, and denial in People v. Corre Jr.

Ignorance of the Law Excuses No One: Erroneous Application of Mitigating Circumstances

A judge's error in appreciating mitigating circumstances leads to a fine for gross ignorance of the law, explaining the rules on plea of guilty and voluntary surrender.

When Corporate Veil Claims Fail: Lessons from the Behest Loan Case

The Supreme Court explains when the Ombudsman may dismiss fraud complaints against corporate officers and why evidence of conspiracy matters.

Parental Incest Establishing Minority of the Victim Beyond Reasonable Doubt in Rape Cases

How Philippine courts prove a rape victim's minority for the death penalty, using parental incest as the key example.

Mistaken Identity and Intoxication as Mitigating Factors in Murder Cases

Philippine Supreme Court ruling on mistaken identity and intoxication as mitigating circumstances in murder, reducing death penalty to reclusion perpetua.

Bouncing Checks Law: The 90-Day Rule and Proof of Knowledge Under BP 22

Presenting a check after 90 days does not bar prosecution under BP 22—knowledge of insufficient funds can still be proven by other evidence.

Treachery in Philippine Criminal Law: The Element of Surprise in Murder Convictions

Understand how treachery qualifies killing as murder under Philippine law, explained through a Supreme Court ruling on a 1993 shooting.

Ombudsman's Power to Prosecute Public Officials in All Courts Explained

The Supreme Court clarifies that the Ombudsman can investigate and prosecute public officials in both the Sandiganbayan and regular courts.

Preliminary Investigation Protecting Individual Rights Before Trial

Learn how preliminary investigation safeguards individual rights before trial, as explained in a Philippine Supreme Court decision.

Rape Conviction Requires Proof of Specific Dates Alleged in Information

Supreme Court ruling on proving specific dates in rape and acts of lasciviousness cases under Philippine law.

Delayed Reporting and Sleep as Defense: When Rape Becomes Acts of Lasciviousness

A father's conviction for rape was reduced to acts of lasciviousness because the victim slept through the alleged assault. Explore the ruling.

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.

Prescription Periods in Graft Cases: The Discovery Rule for Ill-Gotten Wealth

Philippine Supreme Court clarifies when the prescription period for graft cases begins—from discovery, not commission, of the offense.

Prescription of Falsification: When the Clock Starts Running Under Philippine Law

Learn when the prescriptive period for falsification of public documents begins under Philippine law, based on the Supreme Court's ruling in Recebido v. People.

Murder or Homicide: Understanding Treachery in Philippine Criminal Law from People v. Templo

A Supreme Court ruling clarifies when a sudden attack amounts to treachery—and when it is only homicide, not murder.

Pleading Pitfalls: How Incorrect Wording in Rape Informations Can Impact Penalties in the Philippines

Learn how defective wording in rape informations can affect penalties, based on Philippine Supreme Court rulings on criminal procedure.