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 94 articles for evident bad faith

Conflict of Interest and Public Funds: When Cooperative Membership Does Not Equal Graft

Supreme Court clarifies that mere cooperative membership or past affiliation does not prove graft under the Anti-Graft Law.

Understanding Preventive Suspension in Philippine Administrative Law: Rights and Remedies

Learn the rules on preventive suspension in Philippine administrative law, including grounds, duration, and the rights of public officers facing investigation.

Malversation and Anti-Graft Laws: Lessons from Sarion v. People on Public Fund Management

A Supreme Court ruling on malversation clarifies the duty of public officials to verify disbursements, with key lessons for government and contractors.

Administrative Liability and Business Permits: Lessons from the Kentex Fire Case

The Supreme Court clarifies when local officials may be held liable for issuing business permits without fire safety certificates.

Navigating the Fine Line: Gross Inexcusable Negligence in Public Office

The Supreme Court clarifies when a public officer's acts amount to gross inexcusable negligence under the Anti-Graft Law, using a sequestered corporation case.

Understanding Evident Bad Faith in Graft Cases: Insights from Philippine Jurisprudence

The Supreme Court clarifies the element of evident bad faith in Section 3(e) R.A. 3019 cases and the crucial rule on variance of the mode of commission.

Good Faith and Misinterpretation in Public Office: A Guide to the Anti-Graft Law

The Supreme Court clarifies when a public officer's mistaken interpretation of rules negates criminal liability under the Anti-Graft Law.

Competitive Bidding Under RA 9184: Supreme Court Affirms Graft Conviction for Skipping Public Bidding

A public official's conviction for violating RA 3019 shows that government procurement of consulting services requires competitive bidding under RA 9184.

Understanding Probable Cause in Public Procurement: Insights from a Landmark Supreme Court Decision

The Supreme Court clarifies probable cause standards in public procurement cases, emphasizing that mere signature on documents does not prove bad faith.

Can Private Individuals Be Charged With Corruption Under Philippine Law? The Canlas Case Explains

The Supreme Court clarifies that private individuals acting in conspiracy with public officers may be indicted for graft under Section 3(e) of RA 3019.

Public Bidding and Travel Permits: When Mayors Fall Under Anti-Graft Law

The Supreme Court affirms the conviction of two mayors for violating Section 3(e) of the Anti-Graft Law over irregular medicine purchases and unauthorized travel reimbursements.

Breach of Public Trust: Negligence in Permitting Construction Without Proper Clearance

Philippine Supreme Court affirms Sandiganbayan conviction of Intramuros Administrator for gross inexcusable negligence under RA 3019 for allowing construction without permits.

Diversion of Tobacco Funds: Technical Malversation vs. Corruption Under Philippine Law

The Supreme Court clarifies when misusing public funds is technical malversation, not corruption, in Villarosa v. Ombudsman.

Exceeding Authority: Usurpation of Official Functions and Anti-Graft Violations in Public Office

A Supreme Court ruling on when a public officer's unauthorized acts constitute usurpation of official functions and graft under Philippine law.

Defining Probable Cause in Philippine Plunder Cases: Estrada v. Office of the Ombudsman

The Supreme Court explains the standard for probable cause in plunder cases and why courts defer to the Ombudsman's findings.

Judicial Accountability vs Vexatious Litigation: Balancing Rights in Administrative Complaints

The Supreme Court clarifies when judges may be held administratively liable and when complainants cross the line into contempt.

Accountability in Public Service: The Duty to Ensure Proper Delivery of Government Resources

Supreme Court affirms conviction of a city official for ghost delivery of equipment under Section 3(e) of the Anti-Graft Law.

Probable Cause and the Ombudsman's Discretion: Limits of Judicial Review

The Supreme Court affirms the Ombudsman's dismissal of criminal charges for lack of probable cause, underscoring the limits of judicial review over prosecutorial discretion.

Ombudsman's Probable Cause Discretion and Grave Abuse in Public Official Cases

Courts rarely interfere with the Ombudsman's probable cause findings unless grave abuse of discretion is clearly shown. This case explains the rule.

Casino Chips, Ownership, and the Presumption of Title: Subic Bay Legend Resorts v. Fernandez

A casino confiscated chips from two players, claiming they were stolen. The Supreme Court ruled on ownership, possession, and bad faith.

Breach of Public Trust: Official Position Cannot Shield Criminal Acts

Philippine Supreme Court affirms conviction of municipal treasurer for graft and estafa, ruling public office cannot shield criminal acts.

Good Faith and Public Office: Reassessing Graft and Corruption in Philippine Law

The Supreme Court clarifies that good faith and lack of manifest partiality can defeat graft charges under RA 3019.

When Attorney's Fees Are Not Automatic: The Rule of Article 2208

The Supreme Court clarifies when courts may award attorney's fees under Article 2208 of the Civil Code, requiring clear factual and legal justification.

Attorney’s Fees in the Philippines: When Courts Can Award Them

Philippine courts cannot award attorney's fees without clear justification. Learn the rules under Article 2208 of the Civil Code.