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 49 articles for penal laws

Corporate Liability and Bouncing Checks: Clarifying the Scope of B.P. Blg. 22

The Supreme Court clarifies that corporations cannot be impleaded in B.P. 22 cases, but creditors may still pursue separate civil actions against them.

Who May File Libel Cases: City Prosecutor vs Provincial Prosecutor

Supreme Court rules on which prosecutor has authority to file libel Informations, and why a wrong prosecutor's filing is a fatal jurisdictional defect.

Behest Loans and Prescription: When Does the Clock Start Ticking

The Supreme Court clarifies when the prescriptive period for behest loan cases begins, ruling it starts upon discovery, not execution.

Breach of Parental Trust: Rape of a Minor and the Abolition of the Death Penalty

The Supreme Court affirms a father's qualified rape conviction but reduces the death penalty to reclusion perpetua under R.A. 9346.

Reelection Does Not Erase Criminal Liability for Prior Misconduct

Philippine Supreme Court ruling that reelection condones only administrative liability, not criminal charges under the Anti-Graft law.

Simple Arson vs Destructive Arson: Intent and Degree of Damage in Philippine Law

The Supreme Court clarifies the distinction between simple arson and destructive arson, focusing on intent, degree of damage, and the properties burned.

Prescription of Penalties: Why Actual Imprisonment Matters in Philippine Law

Philippine Supreme Court ruling on when prescription of penalties begins—only after a convict actually escapes from imprisonment.

Supreme Court Affirms Murder Conviction Despite Defense Claims of Self-Defense

SC affirms murder conviction of three men who mauled victim to death, rejecting self-defense claims and upholding reclusion perpetua.

Unlicensed Firearm Use: From Separate Offense to Aggravating Circumstance in Homicide Cases

Philippine Supreme Court explains how R.A. 8294 changed unlicensed firearm use from a separate crime to an aggravating circumstance in homicide.

Unlicensed Firearm Use in the Philippines: When Illegal Possession Becomes an Aggravating Circumstance

Philippine law changed how unlicensed firearm use in killings is punished. Learn the rule from the Samonte case.

Treachery and Conspiracy in Philippine Murder Law: The Ricafranca Case on Unlicensed Firearms

The Supreme Court clarifies treachery, conspiracy, and the effect of R.A. 8294 on murder committed with unlicensed firearms.

Retroactive Application of Penal Laws in the Philippines: When Can a Sentence Be Reduced

Philippine Supreme Court explains when favorable penal laws apply retroactively, reducing sentences even after conviction and while serving time.

Retroactive Application of Penal Laws Protecting Accused Rights in the Philippines

Explaining how the 1987 Constitution's abolition of the death penalty retroactively benefits accused persons whose crimes were committed before its ratification.

Pillbox Possession in the Philippines: Understanding Illegal Explosives and the Law

The Supreme Court explains what makes a — a homemade explosive device. The case is a practical guide for understanding how courts evaluate explosive devices, the importance of chain of custody in crim

Retroactive Application of Laws: How Courts Ensure Fair Justice When Laws Change

Philippine courts apply laws prospectively, but exceptions exist. This article explains retroactivity principles through a 1999 rape case.

Complex Crime vs Separate Offenses: When Multiple Murders Are Not a Single Crime

Philippine Supreme Court clarifies when multiple killings form one complex crime or separate offenses, and the effect on penalties.

Unlicensed Firearm Use in Homicide: Navigating Philippine Law After RA 8294

The Supreme Court clarifies that under RA 8294, using an unlicensed firearm in a killing is an aggravating circumstance, not a separate crime.

Unlicensed Firearm in Homicide: How Philippine Law Treats Illegal Gun Use in Murder Cases

Philippine Supreme Court explains how R.A. 8294 changed the treatment of unlicensed firearms used in murder cases.

Illegal Firearm Possession: Understanding the Nuances of Philippine Law

Learn how Philippine courts decide illegal firearm possession cases, from warrantless searches to penalties under RA 8294.

Withdrawing A Guilty Plea: Navigating the Consequences in Philippine Criminal Law

Learn when a guilty plea can be withdrawn in Philippine courts, its mitigating effects, and how aggravating circumstances must still be proven.

Retroactive Application of Penal Laws: When a Final Sentence Can Be Modified

Explore when favorable penal laws apply retroactively and whether a final sentence can be modified, based on People v. Caco.

Retroactive Application of Penalties: When Can Criminal Sentences Be Reduced

Philippine Supreme Court explains when reduced criminal penalties apply retroactively, using a drug case as an example.

Retroactive Application of Reduced Penalties: A Guide to R.A. 7659

When can a final sentence be reduced by a new law? The Supreme Court explains the retroactive effect of R.A. 7659 on drug penalties.

Retroactive Application of Penal Laws: When Does a Lighter Sentence Apply

Explaining when Philippine courts apply a new, lighter penal law retroactively, based on the Supreme Court's ruling in Magtibay.