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 410 articles for prosecution

Case-Fixing in the Ombudsman: When Dishonesty Leads to Dismissal from Service

The Supreme Court affirms that case-fixing in the Ombudsman warrants dismissal, clarifying the standards of conduct for public servants.

Large Scale Illegal Recruitment in the Philippines: Economic Sabotage Explained

The Supreme Court affirms life imprisonment for large scale illegal recruitment, an offense involving economic sabotage under Philippine law.

Bill of Particulars in Philippine Criminal Procedure: What Enrile v. Sandiganbayan Teaches

The Supreme Court clarifies the role and limits of a bill of particulars in criminal cases, and the remedies available to an accused.

Defying Court Orders Consequences OF Disobedience IN THE Philippine Justice System

The Supreme Court clarifies that repealing a penal law does not erase criminal liability when the offense is reenacted, affirming a child pornography conviction.

Child Pornography Prosecution After Repeal: The Doctrine of Reenactment in the Philippines

Can a repealed law still lead to conviction? The Supreme Court clarifies how reenactment preserves criminal liability for child pornography offenses.

Proving Adultery in the Philippines: The Valencia Case and the Burden of Proof

Understand the high standard of proof for adultery in the Philippines through the Valencia case, including evidence rules and practical implications.

Estafa Acquittal: Why a Faulty Information Violates Due Process in the Philippines

A flawed information can lead to acquittal in estafa cases. Learn how the right to be informed shapes criminal due process in the Philippines.

Unreliable Eyewitness Testimony: When Flawed Identification Leads to Acquittal

The Supreme Court acquits an accused when eyewitness identification is unreliable. Learn the totality of circumstances test and key safeguards.

Moral Ascendancy in Rape Cases: Why Silence Can Prove the Crime

Philippine law recognizes moral ascendancy as a substitute for force in rape cases. Learn what this means for victims and legal strategy.

Civil Liability After Criminal Acquittal: What the Llonillo Case Means

Philippine law allows civil liability to survive a criminal acquittal. Learn the rules and the Supreme Court's ruling in Llonillo.

Medical Malpractice in the Philippines: Proving Negligence After Nuñez vs. Daz

When is a bad medical outcome negligence? The Supreme Court's Nuñez ruling clarifies the high burden of proof in Philippine malpractice cases.

Chain of Custody in Drug Cases: How a Broken Link Leads to Acquittal

A broken chain of custody can overturn drug convictions. Learn the strict rules under RA 9165 and what the Cordova ruling means.

Qualified Rape vs. Statutory Rape: Supreme Court Clarifies Child Sexual Abuse Law

The Supreme Court clarifies the proper legal designation for child sexual abuse cases, distinguishing qualified rape from statutory rape under Philippine law.

Ghost Employees and Graft Liability: The Supreme Court’s Standard in People v. Reales

The Supreme Court clarifies the burden of proof in ghost employee corruption cases, protecting honest public officials from wrongful conviction.

Overvaluing Property When Does It Become A Crime Under Philippine Banking Laws

The Supreme Court clarifies when a bank appraiser's overvaluation of property becomes a crime under the General Banking Law, requiring proof of intent to influence the bank.

Chain of Custody and the Saving Clause in Philippine Drug Cases

When a flawed drug bust still stands: the saving clause under Section 21, RA 9165, explained through a recent Supreme Court ruling.

Financial Abuse Under VAWC: Why Intent Matters in RA 9262 Cases

The Supreme Court clarifies that financial abuse under RA 9262 requires proof of intent to cause emotional anguish, not just denial of support.

Qualified Rape and Moral Ascendancy: When Trust Becomes a Weapon

How moral ascendancy can substitute for force in rape cases, and why abusing a position of trust over a minor leads to qualified rape.

Theft vs. Robbery in the Philippines: The Element of Force Explained

Understand the difference between theft and robbery under Philippine law, and how the element of force affects criminal liability and penalties.

Letter of Authority vs. Letter Notice: When a BIR Tax Assessment Is Void

The Supreme Court ruled that a BIR Letter Notice cannot substitute for a Letter of Authority—assessments without a valid LOA are void.

Motion to Withdraw Information: When Courts Must Assess Evidence Before Dismissal

Courts must independently assess evidence before granting a motion to withdraw information. Learn the rules from a recent Sandiganbayan case.

Malicious Prosecution in the Philippines: When Filing a Case Crosses the Line

Filing a baseless disbarment case to pressure a lawyer can amount to malicious prosecution. Learn the rules and remedies from a recent Supreme Court ruling.

Rape and Mental Capacity: Philippine Supreme Court Ruling on Criminal Liability

Philippine Supreme Court clarifies rape liability involving mental retardation, distinguishing statutory rape from rape of a person deprived of reason.

Deficiency Claims After Mortgage Foreclosure: The Prieto v. BPI Ruling

Learn how the Supreme Court's Prieto v. BPI ruling protects borrowers from unproven deficiency claims after mortgage foreclosure in the Philippines.