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 2544 of 44 articles for public prosecutor

Copyright Infringement and Prescription: What Retailers Should Know

A look at how filing a complaint with the DOJ interrupts prescription, and what it means for retailers accused of selling counterfeit goods.

Judicial Overreach When Haste in Execution Leads to Administrative Liability

A judge's one-year suspension for gross ignorance of the law after prematurely declaring a decision final and executing it without proper motion.

Law Students as Agents in Inferior Courts: The Cruz v. Mina Ruling

The Supreme Court clarifies when a law student may appear in inferior courts without lawyer supervision, and the civil aspect of grave threats.

Judicial Accountability: Good Faith Exception for Erroneous Judgments

Philippine Supreme Court clarifies that judges cannot be disciplined for erroneous rulings made in good faith, absent fraud or malice.

Psychological Incapacity in Philippine Annulment: Why Expert Evidence Is Crucial

Philippine Supreme Court explains why expert evidence is crucial in psychological incapacity annulment cases under Article 36 of the Family Code.

Arraignment Delays and Your Right to Speedy Trial in the Philippines

When repeated postponements of arraignment violate the constitutional right to speedy trial, dismissal of the case and release may be warranted.

Fair Prosecution and Due Process: The Prosecutor's Role in Criminal Trials

When a judge allowed defense witnesses to testify without the prosecutor present, the Supreme Court reminded courts that the State is also entitled to due process.

Supreme Court Fines Judge for Undue Delay in Rendering Decision

The Supreme Court fined a Tacloban judge P20,000 for gross inefficiency after a six-month delay in deciding an unlawful detainer appeal.

When a Judge's Private Letter Undermines Judicial Impartiality

Supreme Court reprimands a judge for writing university officials about his wife's cases, violating judicial conduct rules on impartiality.

Judicial Independence vs Executive Discretion in Criminal Prosecution: The Santos v. Orda Ruling

When may a court grant a prosecutor's motion to withdraw an information? The Supreme Court clarifies the limits of judicial deference to the DOJ.

Estafa vs. Breach of Contract: When a Failed Deal Is Not a Crime

Philippine Supreme Court ruling clarifies when failure to deliver goods after advance payment is civil breach, not criminal estafa.

Parental Authority vs Child's Rights: Rape by a Father and the Limits of Criminal Allegations

Father convicted of raping his 14-year-old daughter twice; Supreme Court affirms guilt but reduces death penalty to reclusion perpetua for procedural defects in the information.

Judicial Authority and Preliminary Investigations: Balancing Power and Procedure

Philippine Supreme Court clarifies that municipal trial court judges may conduct preliminary investigations, and errors in judgment alone do not warrant administrative liability.

Right to Information: Accused Cannot Be Convicted of a Crime Not Clearly Charged

The Supreme Court reinstates a rape case, ruling an information need only state the essential elements, not every detail.

How the Supreme Court Sanctions Judicial Delay and Prosecutorial Nonfeasance in Criminal Cases

The Supreme Court annulled an acquittal tainted by prosecutorial nonfeasance and judicial delay, reaffirming due process for offended parties.

Judicial Duty vs Dereliction: Balancing Discretion and Due Diligence in Preliminary Investigations

A judge's dismissal of a case without proper preliminary investigation constitutes dereliction of duty, as shown in this administrative case.

Due Process in Bail Applications: The Mandatory Hearing for Capital Offenses

Bail in capital offenses requires a mandatory hearing to determine if evidence of guilt is strong. Learn the rules from Narciso v. Sta. Romana-Cruz.

Voluntary Confessions and Custodial Rights: Lessons from People v. Bacor

The Supreme Court clarifies when an extrajudicial confession is admissible, the role of counsel, and what makes a valid waiver of rights.

Judicial Impartiality When Prior Involvement In A Case Disqualifies A Judge

A judge who previously served as prosecutor must inhibit from the case. Rule 137, Section 1 explained.

Speedy Trial Rights, Dismissals, and Double Jeopardy in Philippine Law

Philippine Supreme Court clarifies when dismissal for failure to prosecute violates due process and when double jeopardy protects the accused.