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 recall

Insanity Plea in Parricide: Burden of Proof and the Limits of Jealous Rage

The Supreme Court clarifies when insanity exempts an accused from criminal liability, and why jealous rage falls short.

Appointment in Civil Service: The Indelible Right Despite Administrative Lapses

A valid civil service appointment takes effect immediately and remains effective until disapproved by the CSC—even if submission was delayed.

Sangguniang Bayan Concurrence in Municipal Appointments: A Mandatory Requirement

The Supreme Court ruled that municipal appointments require Sangguniang Bayan concurrence; without it, the appointment is invalid regardless of tenure.

SEC Authority Validating Stock and Transfer Books Over Intra-Corporate Disputes

Explaining the Supreme Court ruling that the SEC has regulatory jurisdiction to validate and cancel stock and transfer books.

Restrictive Custody in the PNP: Balancing Discipline and Liberty

The Supreme Court explains when restrictive custody of police officers under investigation is lawful and not a ground for habeas corpus.

Dilatory Tactics and the Five-Year Rule: When Delaying Execution Backfires

The Supreme Court condemns a losing party's dilatory tactics that delayed execution of a final judgment for years, clarifying the five-year rule on execution by motion.

Three-Term Limit for Local Officials: When an Election Loss Resets the Clock

Election loss interrupts an official's service and resets the three-term limit, as clarified by the Supreme Court in Adormeo v. COMELEC.

COMELEC Jurisdiction Over Plebiscite Disputes: The Buac v. COMELEC Ruling

The Supreme Court clarifies that the COMELEC has jurisdiction to resolve disputes over plebiscite results, including petitions to annul or recount ballots.

When Silence Doesnt Mean Innocence: The Complexities of Self-Defense in Philippine Law

The Supreme Court clarifies that silence or lack of resistance does not negate force in rape cases, affirming a father's conviction.

Safeguarding Confessions: The Right to Competent Counsel in Philippine Law

A confession is inadmissible if the accused lacked truly competent, independent counsel during custodial investigation.

Credibility in Rape Cases: How Minor Inconsistencies Don't Undermine Conviction

Philippine Supreme Court ruling on how minor inconsistencies in a rape victim's testimony do not defeat conviction when credibility is established.

Guilt Beyond Reasonable Doubt in Robbery With Homicide: The Marquez Case

The Supreme Court clarifies when robbery with homicide is proven beyond reasonable doubt, and when illegal possession of firearm charges fail.

Credibility of Child Testimony in Rape Cases: Lessons from People v. Mariano

Philippine courts give significant weight to a child's credible testimony in rape cases. Learn the key principles from People v. Mariano.

Vague Dates in Rape Informations: When Approximate Time Is Enough

Philippine Supreme Court ruling on whether vague dates in rape informations violate the accused's right to be informed, and why approximate time suffices.

Parol Evidence Rule: When Prior Agreements Can Modify a Contract

Philippine Supreme Court explains when prior negotiations can alter a written contract under the parol evidence rule.

Recall Resolutions and Timing: Why Official Capacity Matters Under Philippine Election Law

Learn from Afiado v. COMELEC why recall resolutions must target the right office at the right time under the Local Government Code.

When Excessive Force Destroys a Self-Defense Claim in Philippine Homicide Cases

The Supreme Court explains why 16 stab wounds negate self-defense and how excessive force turns a killing into homicide, not murder.

Upholding Fair Trial: The Importance of Cross-Examination in Philippine Criminal Proceedings

How the Supreme Court balanced a rape conviction with the accused's right to cross-examine, clarifying token resistance and delay rules.

Managerial vs. Supervisory Employees: Unionization Rights Under Philippine Labor Law

Learn how Philippine law distinguishes managerial from supervisory employees and why misclassification can block unionization rights.

When Witnesses Can't See: Proving Robbery With Homicide Through Circumstantial Evidence

Philippine Supreme Court ruling on how circumstantial evidence can prove robbery with homicide even without eyewitnesses to the killing.

Date Discrepancies in Rape Cases: When an Information Remains Valid in Philippine Law

Philippine courts allow minor date discrepancies in rape informations if the accused is not prejudiced. Learn the rule from People v. Bugayong.

Credibility of Child Witnesses in Rape Cases: People v. Calma

How Philippine courts weigh child testimony in rape cases, and what People v. Calma teaches about credibility, evidence, and justice for minors.

Minor Inconsistencies and Witness Credibility in Philippine Rape Cases

How Philippine courts treat minor inconsistencies in rape victim testimony, and why small discrepancies can strengthen rather than destroy credibility.

Affidavits of Desistance and Witness Recantations: Their Limited Impact on Philippine Criminal Cases

Philippine courts view affidavits of desistance and witness recantations with disfavor. Learn why from People v. Ballabare.