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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Directors' Liability for SSS Contributions: When Courts May Deny Withdrawal of Information
Explore the Supreme Court ruling on directors' liability for unpaid SSS contributions and the trial court's discretion in criminal cases.
Finality of Court Control Over Criminal Cases: SSS v. Seno on Withdrawal of Information
Explore the Supreme Court's ruling in SSS v. Seno on trial court discretion over motions to withdraw criminal informations and due process limits.
When Amending an Information in Estafa Cases Becomes a Question of Form vs. Substance
The Supreme Court clarifies when amendments to an Information in estafa cases are formal or substantial, and why a new preliminary investigation is not always required.
Upholding Client Confidentiality Limits On Revealing Information After Termination OF Employment
A lawyer's duty of confidentiality survives termination of employment, but the burden of proving a breach rests on the complainant.
Insufficient Information Leads TO Acquittal THE Importance OF Pleading Essential Elements IN Rape Cases
When Can Prosecution Amend an Information? Formal vs Substantial Amendment Explained
Supreme Court clarifies when the prosecution may amend a criminal information after arraignment, distinguishing formal from substantial amendments under Rule 110.
Diminished Capacity and Consent in Rape and Child Abuse Cases: Key Lessons from People v. Vañas
The Supreme Court clarifies when mental incapacity negates consent in rape and why defective Informations can void child abuse charges.
Defective Information and Chain of Custody: Safeguarding Rights in Drug Cases
The Supreme Court acquits a drug suspect after police failed to properly document seized items, reinforcing strict chain of custody rules.
Amendment of Information After Plea: Balancing Due Process and Fair Trial Rights
A Supreme Court ruling on when courts may allow amendments to a criminal information after the accused has pleaded, and the limits of such amendments.
Courts Must Independently Evaluate Evidence Before Allowing Amendment of Criminal Information
Supreme Court rules trial courts commit grave abuse of discretion when they approve amended criminal informations without independently assessing the evidence.
Rape of a Person with Mental Retardation: Consent and the Need for Specific Allegations
The Supreme Court clarifies that carnal knowledge of a mental retardate is rape, but qualifying circumstances must be alleged in the Information.
Independent Judicial Assessment Required in Estafa Case Withdrawals
Supreme Court clarifies that judges must independently assess evidence before granting motions to withdraw information in estafa cases.
Accidental Shooting or Intentional Harm: Distinguishing Homicide From Murder in Philippine Law
The Supreme Court explains when a fatal shooting is homicide, not murder, and why the information must allege treachery as a fact.
Kidnapping for Ransom Conviction Upheld: Safe House Caretaker Liable as Co-Principal
Philippine Supreme Court rules on kidnapping for ransom, conspiracy, and multiple counts when several victims are abducted in one information.
Defective Information Reduces Direct Assault Conviction to Homicide
A missing element in the information reduced a direct assault conviction to homicide, underscoring the constitutional right to be informed of charges.
Rape and Parental Authority: Why a Father's Conviction Stood as Simple Rape
A father raped his 16-year-old daughter twice. The Supreme Court upheld his conviction but kept it as simple rape because the information omitted his relationship. Here's why.
When a Prosecutor Files an Information Without the City Prosecutor’s Approval
Learn when a criminal information filed without the city prosecutor’s prior written authority is defective and subject to quashal.
Estafa Conviction: Why Factual Allegations Matter More Than the Technical Charge
The Supreme Court clarifies that in estafa cases, the facts alleged in the Information—not the legal provision cited—determine the crime charged.
When Defective Informations Can Be Amended: Lessons from a Libel Case on Venue and Publication
The Supreme Court clarifies when defective informations in libel cases may be amended before arraignment, and when dismissal is proper.
Slight Penetration Enough for Statutory Rape Conviction, SC Rules
SC clarifies that slight penetration suffices for statutory rape; erroneous citation of law in information does not invalidate charge.
Theft Charges and Double Jeopardy: Why the Right Charge Matters
A conviction for consummated theft was reduced to attempted theft because the information only charged frustrated theft. Learn why proper charges matter.
B.P. 22 Defense: Payment Before Information Filing Can Defeat Dishonored Check Charges
The Supreme Court explains when paying a dishonored check before charges are filed can defeat a B.P. 22 prosecution.
When Paying a Bounced Check Before Charges Are Filed Can Mean Acquittal in BP 22 Cases
The Supreme Court explains when full payment of a dishonored check before the filing of an Information can lead to acquittal from BP 22 charges.
Upholding Client Trust Attorney Suspended For Conflicting Representation
A lawyer who represents a client against an existing retainer client of his law firm violates Rule 15.03, even without using confidential information.