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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Rape Conviction Stands: Force and Intimidation Trump Claims of Consent in Sweetheart Defense
SC affirms rape conviction of man who attacked a mentally disabled woman, ruling force and intimidation override any alleged romantic relationship.
Rape and the Requisites of Force and Intimidation
Explaining when force or intimidation must be alleged and proved in rape cases, and why the victim's age matters under Philippine law.
Rape Conviction Upheld: Force, Intimidation, and the Death Penalty in Philippine Law
The Supreme Court clarifies force and intimidation in rape, and why a conviction was reduced from death to reclusion perpetua.
Incestuous Rape: Moral Ascendancy as Substitute for Force and Intimidation
In incestuous rape, a father's moral ascendancy over his daughter can substitute for force and intimidation, the Supreme Court ruled in People v. Madera.
Rape Conviction Upheld: Mental Capacity and the Meaning of Force and Intimidation
A Philippine Supreme Court ruling explains how force and intimidation in rape are judged, especially when the victim has mental retardation and cannot resist.
Incestuous Rape: Moral Ascendancy Replaces Force in Philippine Law
Philippine Supreme Court ruling on incestuous rape, where a father's moral ascendancy substitutes for force and intimidation in securing conviction.
Rape by Intimidation: Upholding Victim Credibility in Domestic Abuse Cases
SC affirms rape conviction based on victim's credible testimony, rejecting the sweetheart defense and clarifying force and intimidation standards.
Rape and the Absence of Consent: Force and Intimidation in Philippine Law
Philippine Supreme Court clarifies statutory rape and sexual assault elements, emphasizing that force is presumed when the victim is under 12.
Rape and Consent: Understanding Force and Intimidation in Philippine Law
The Supreme Court clarifies how force and intimidation prove rape without consent, and when minority aggravates the crime.
Rape Conviction Affirmed: Force, Intimidation, and the Credibility of the Victim
The Supreme Court affirms a rape conviction, explaining how force and intimidation satisfy the elements of the crime under the Revised Penal Code.
Rape and Breach of Trust: Force and Intimidation in Familial Abuse Cases
How the Supreme Court ruled that a guardian's abuse of trust and physical violence established force and intimidation in rape.
Rape and Consent: Examining Force and Intimidation in Philippine Law
The Supreme Court affirms a death sentence for statutory rape of a six-year-old, clarifying that force is presumed when the victim is under twelve.
Rape Conviction Upheld: Father Figure's Moral Ascendancy Equals Force and Intimidation
Philippine Supreme Court affirms rape conviction, ruling that a father figure's moral ascendancy over a minor victim substitutes for force and intimidation.
The Perils of Alibi: Why Positive Identification Alone Cannot Guarantee Conviction
Explore how the Supreme Court acquitted a rape accused despite positive identification, emphasizing that the prosecution must prove force and intimidation beyond reasonable doubt.
Rape Conviction Upheld: Force and Intimidation in Consensual Relationships
The Supreme Court affirms rape convictions, ruling that force and intimidation are relative and can exist even without a weapon, especially when the victim is young and alone.
Incestuous Rape: When a Father's Moral Ascendancy Replaces Force and Intimidation
The Supreme Court explains how a father's moral ascendancy over his daughter substitutes for force and intimidation in incestuous rape cases.
Rape and Consent: Examining the Boundaries of Force and Intimidation in Philippine Law
The Supreme Court clarifies that rape is defined by lack of consent, not by the timing of physical force. A knife held during the act proves intimidation, and the death penalty was reduced to reclusio
Rape of a Mentally Disabled Victim: How Courts Assess Force and Intimidation
The Supreme Court explains how force and intimidation in rape are measured when the victim is mentally disabled, citing the Dumanon case.
When Force Is Relative: Rape of a Mentally Disabled Victim in Philippine Law
Philippine Supreme Court ruling on how force and intimidation in rape are measured against a mentally disabled victim's condition.
Incestuous Rape: When a Father's Moral Ascendancy Counts as Intimidation
The Supreme Court affirms a father's rape conviction, ruling that a parent's moral ascendancy over a child substitutes for force and intimidation.
Rape Conviction: Positive Identification and the Relative Standard of Force and Intimidation
The Supreme Court explains how a rape victim's positive identification and the relative nature of force and intimidation can secure a conviction.
When Is Force and Intimidation Proven in Rape Cases? Philippine Supreme Court Clarifies Standards
The Supreme Court explains how force and intimidation are proven in rape cases, and why the death penalty requires specific allegations in the information.
Force and Intimidation in Philippine Rape Cases: Lessons from People vs. Alquizalas
How Philippine courts define force and intimidation in rape cases, and why victim resistance is not required to prove the crime.
Force and Intimidation in Rape Cases: Why Silence Is Not Consent (People v. Marabillas)
Explaining how Philippine courts define force and intimidation in rape, and why a victim's silence or lack of resistance does not mean consent.