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 2548 of 136 articles for consent

Accion Publiciana in the Philippines: Recovering Possession of Real Property

Learn how accion publiciana works in the Philippines, when to file it, and what the Ontiveros case means for property owners seeking to recover possession.

Proving Intimidation in Contracts: The Ortigas Land Dispute and the Burden of Proof

Philippine law presumes contracts valid. Learn how the Supreme Court requires clear evidence to prove intimidation or undue influence.

Derivative Works and Copyright Ownership in the Philippines: The Tupaz Case

The Tupaz case clarifies Philippine law on derivative works, copyright ownership, and the idea/expression dichotomy in collaborative designs.

When Fraud or Force Negates Consent in Rape: People v. Disipulo

The Supreme Court clarifies that consent obtained through fraud or overcome by force is not valid consent in rape cases.

Conditional Donations: Substantial Compliance and Donor Intent in Land Donations

Supreme Court clarifies that substantial compliance with a donation's primary purpose, not perfect performance, governs conditional land donations.

Motion to Quash in Estafa Cases: Grounds, Waiver, and Double Jeopardy Explained

Learn the procedural rules on motion to quash in estafa cases, including waiver of grounds and double jeopardy, from a recent Supreme Court ruling.

Solidary Liability and Interest Rates in Philippine Partnerships: Key Lessons from a Supreme Court Ruling

A look at a Supreme Court ruling on solidary liability, novation, and unconscionable interest rates in business loans and partnerships.

Constructive Dismissal and Contract Ambiguity: Lessons from Esico v. Alphaland

The Supreme Court's ruling in Esico v. Alphaland clarifies constructive dismissal claims and the consequences of ambiguous employment contracts.

Conversion to Islam Does Not Shield You from Bigamy Charges in the Philippines

The Supreme Court clarifies that converting to Islam does not automatically exempt a person from bigamy charges under Philippine law.

Theft vs. Estafa in the Philippines: Key Distinctions and the Horca Case

Theft and estafa differ in possession and deceit. The Horca ruling shows why the distinction matters and how acquittal can still leave civil liability.

Spousal Consent and Conjugal Property: When a Sale Without Permission Is Void

Learn when a spouse can sell conjugal property without consent in the Philippines, and why such sales are void under the Family Code.

Can Heirs Challenge a Sale of Conjugal Property Made Without Spousal Consent?

A Supreme Court ruling clarifies when a sale of conjugal property without spousal consent is voidable, and who may challenge it.

Robbery vs. Direct Bribery: What the Remolano Case Teaches About Due Process

The Supreme Court's Remolano ruling clarifies when extortion is robbery or bribery—and why accurate criminal charges are essential to due process.

Malversation and Falsification: What the Cabarios Acquittal Means for Public Officials

The Supreme Court's Cabarios ruling clarifies the proof needed to convict public officials of malversation and falsification of public documents.

Spousal Liability for Debts in the Philippines: The Zapanta Case Explained

When can one spouse be held liable for the other's debts? The Supreme Court's ruling in Zapanta v. Rustan clarifies the rules on family property liability.

Spousal Consent in Property Leases: What the Supreme Court Ruling Means

Philippine Supreme Court clarifies that leases of common property without written spousal consent are void. Learn the rules and practical safeguards.

Consent in Rape Cases: Insights from People v. San Pedro (G.R. 219850)

A landmark Supreme Court ruling on consent, evidence, and proof beyond reasonable doubt in rape cases involving a deaf-mute complainant.

Child Sexual Abuse Under RA 7610: Key Ruling on Section 5(b) vs. 10(a)

The Supreme Court clarifies when sexual abuse of a child falls under Section 5(b) rather than 10(a) of RA 7610, affecting penalties and prosecution.

Consent and Intoxication in Rape Cases: Key Lessons from Philippine Jurisprudence

Philippine law on rape and intoxication: when severe drunkenness or unconsciousness negates consent, and why credible testimony can convict.

Lascivious Conduct Under RA 7610: What the Supreme Court Ruling Means

The Supreme Court upheld a conviction for lascivious conduct under RA 7610, clarifying how minors are protected from sexual abuse.

Forcible Entry vs. Unlawful Detainer: A Philippine Property Owner’s Guide

Learn the difference between forcible entry and unlawful detainer in Philippine ejectment cases, and how the Supreme Court clarified the rules in a recent ruling.

When a Notarized Deed of Sale Fails: Consent Is Key in Philippine Property Transfers

A notarized deed does not guarantee a valid sale. The Supreme Court explains why genuine consent is essential in property transactions.

Statutory Rape and Intellectual Disability: The Villena Ruling Explained

The Supreme Court clarifies that rape of an intellectually disabled person with a mental age below 12 constitutes statutory rape under Philippine law.

Timely Intervention and Jurisdictional Limits in Philippine Estate Proceedings

Learn how the Constantino case clarifies intervention rules and probate court limits in Philippine estate proceedings.