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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Pre-Trial Stipulations Enforceability and Binding Effect on Parties
How stipulations made during pre-trial bind parties and the court, with rules on enforceability under Philippine procedure.
Deportation and Due Process: Ensuring Fair Treatment for Foreign Nationals
The Supreme Court clarifies deportation rules for foreign nationals, balancing immigration enforcement with due process rights under Philippine law.
Rape and the Requisites of Force and Intimidation
Explaining when force or intimidation must be alleged and proved in rape cases, and why the victim's age matters under Philippine law.
Rape Conviction Upheld: Force, Intimidation, and the Death Penalty in Philippine Law
The Supreme Court clarifies force and intimidation in rape, and why a conviction was reduced from death to reclusion perpetua.
Incestuous Rape: Moral Ascendancy as Substitute for Force and Intimidation
In incestuous rape, a father's moral ascendancy over his daughter can substitute for force and intimidation, the Supreme Court ruled in People v. Madera.
Kidnapping for Ransom: False Inducement and the Role of Circumstantial Evidence
When a victim initially consents to go with an accused, kidnapping can still occur if force is later used to detain them.
Burden of Proof in Rape Cases: Consent and the Presumption of Innocence
The Supreme Court acquits a rape accused where prosecution failed to prove force or intimidation, reaffirming the presumption of innocence and the prosecution's burden.
Sheriffs Authority and Limits in Carrying Firearms During Writ Enforcement
Supreme Court ruling on sheriffs' duties, custody of seized goods, and limits of authority in enforcing search warrants.
Moral Ascendancy in Incestuous Rape: How a Father's Power Overcomes a Victim's Will
The Supreme Court explains why moral ascendancy, not just physical force, overcomes a victim's will in incestuous rape cases.
Self-Defense and Homicide: The Boundaries of Justifiable Force in the Philippines
The Supreme Court clarifies when self-defense fails and why a killing without treachery is homicide, not murder.
Meralco's Tax Dispute: Defining Assessment and Collection in Real Property Tax Law
A landmark ruling clarifies the distinction between assessment and collection in real property tax, shaping how local governments enforce tax liabilities.
Execution Pending Appeal When A Partys Admission Justifies Immediate Enforcement
Rape Conviction Upheld: Mental Capacity and the Meaning of Force and Intimidation
A Philippine Supreme Court ruling explains how force and intimidation in rape are judged, especially when the victim has mental retardation and cannot resist.
Incestuous Rape: Moral Ascendancy Replaces Force in Philippine Law
Philippine Supreme Court ruling on incestuous rape, where a father's moral ascendancy substitutes for force and intimidation in securing conviction.
The Boundaries of Self Defense When Force Becomes Unlawful Aggression in the Philippines
Philippine Supreme Court clarifies when self-defense is valid and when force becomes unlawful aggression in criminal cases.
Rape by Intimidation: Upholding Victim Credibility in Domestic Abuse Cases
SC affirms rape conviction based on victim's credible testimony, rejecting the sweetheart defense and clarifying force and intimidation standards.
Self Defense Claim Rejected Impermissible USE OF Force IN Homicide Cases
Rape and the Absence of Consent: Force and Intimidation in Philippine Law
Philippine Supreme Court clarifies statutory rape and sexual assault elements, emphasizing that force is presumed when the victim is under 12.
Forcible Entry: Why Even Property Owners Cannot Eject Occupants by Force
Philippine Supreme Court ruling: owners cannot forcibly eject occupants, even trespassers. Learn the legal remedies for recovering possession.
Property Rights vs Due Process: When Forceful Eviction Is Illegal
Philippine Supreme Court ruling: owners cannot forcibly eject occupants, even trespassers, without court order. Know your rights.
Force, Theft, and Rape: How the Supreme Court Weighs Guilt Beyond Reasonable Doubt
In a 2003 rape case, the Supreme Court acquitted two men after finding the complainant's testimony riddled with inconsistencies. Here is what the ruling teaches.
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.
Rape and Consent: Understanding Force and Intimidation in Philippine Law
The Supreme Court clarifies how force and intimidation prove rape without consent, and when minority aggravates the crime.
Forum Non Conveniens and Philippine Courts: Discretion in International Disputes
Philippine courts may assume jurisdiction over international disputes when convenient, fair, and enforceable—explained through Bank of America v. Court of Appeals.