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.
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Notarizing Without the Affiant: When a Lawyer’s Negligence Becomes Misconduct
The Supreme Court suspends a lawyer for six months for notarizing affidavits without the affiants’ personal appearance, a clear breach of notarial rules.
Rape Conviction Affirmed: The Uneasy Weight of Recanted Testimony
Philippine Supreme Court affirms rape conviction despite the victim's affidavit of desistance, explaining why recanted testimony is viewed with suspicion.
Upholding Honesty in Legal Practice: Consequences for Submitting False Affidavits
The Supreme Court suspends a lawyer for six months for submitting a falsified affidavit in court, reaffirming the duty of candor and integrity in legal practice.
Annulment of Judgment vs. Affidavit of Reappearance: Fraudulent Presumptive Death Declarations
When a presumptive death declaration is obtained by fraud, the Supreme Court clarifies why annulment of judgment—not an affidavit of reappearance—is the proper remedy.
Rape Conviction Upheld: Credibility of Testimony and Immateriality of Pregnancy
Supreme Court affirms rape conviction, ruling that a victim's pregnancy does not negate rape and that court testimony prevails over affidavits.
Judges Cannot Notarize Cohabitation Affidavits for Marriages They Solemnize
Supreme Court rules MTC judges may not notarize affidavits of cohabitation for marriages they solemnize, citing Circular 1-90.
Contract vs Affidavit: Intent and Demand Determine Enforceability
How Philippine courts distinguish contracts from affidavits by intent, and why demand matters for interest accrual.
Probable Cause vs Prosecutorial Discretion: The Perjury Case of Verzano v. Paro
A prosecutor cannot presume probable cause simply because a respondent fails to file a counter-affidavit. The Supreme Court explains why.
Challenging Notarized Documents in Philippine Property Co-Ownership Disputes
When can a notarized affidavit be challenged in a Philippine property dispute? The Supreme Court explains the limits of notarization.
Falsification of Public Documents: When Notarizing False Affidavits Becomes a Crime
A mayor's conviction for notarizing false affidavits of ownership and joint affidavits shows how public officials can be liable for falsification under Article 171 of the Revised Penal Code.
Inducement vs Direct Participation: Defining Falsification of Public Documents in Philippine Law
The Supreme Court clarifies that a mayor who notarizes false affidavits can be convicted of falsification even without direct proof of authorship.
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.
When an Affidavit of Quitclaim Isn't Enough: Donation Requirements in Property Transfers
A quitclaim affidavit transferring real property may be treated as a donation. Learn the formal requirements to make it valid under Philippine law.
Theft by Deceit Conviction Stands Despite Missing Testimony and Affidavit of Desistance
Supreme Court affirms estafa conviction even with missing transcript and complainant's affidavit of desistance, clarifying key criminal procedure rules.
Void Marriage: Falsifying Cohabitation to Bypass Marriage License Requirements
Supreme Court rules a false affidavit of five-year cohabitation cannot replace a marriage license, making the marriage void.
Protecting the Vulnerable: Upholding Conviction in Child Rape Case Despite Retraction
Philippine Supreme Court affirms child rape conviction despite victim's retraction, explaining why affidavits of desistance carry little weight in criminal cases.
Challenging Ownership The Affidavit Requirement In Third Party Claims Over Levied Property
Third-party claims over levied property need more than a bare affidavit. Learn the rules from Bacos v. Arcega.
Due Process in Administrative Cases: Balancing Fairness and Efficiency in Police Disciplinary Actions
The Supreme Court clarifies that administrative due process does not require trial-type hearings, allowing PNP disciplinary actions to proceed on affidavits and position papers.
Revoking a Land Surrender: When Is an Affidavit Final Under Agrarian Law
A landowner's affidavit surrendering property under PD 27 is binding unless timely revoked; learn the rules on waiver and laches.
Credibility of Witnesses and Inconsistencies Between Affidavits and Court Testimony in Rape Cases
Philippine Supreme Court ruling on witness credibility, affidavit-testimony inconsistencies, and penalties for rape by sexual intercourse and sexual assault.
Perjury Charges and Probable Cause: The Role of Good Faith in Affidavit Statements
A look at Soriano v. Cabais on why good faith defeats perjury charges and the proper remedy for Ombudsman dismissals.
Affidavits of Desistance: When Can Employees Reclaim Their Rights?
Philippine Supreme Court ruling on when affidavits of desistance or quitclaims in labor cases are invalid and employees can pursue their claims.
Employee Dismissal Illegal Overseas Call Involvement AND DUE Process Rights
PLDT v. Tiamson: dismissal for illegal overseas call connection requires substantial evidence, not just unauthenticated affidavits and unsigned printouts.
Due Process and Teacher Discipline: Waiver Through Estoppel in Huertas v. Gonzalez
Teacher who agreed to affidavit-based investigation cannot later challenge committee composition on due process grounds.