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 577600 of 718 articles for prosecutor

Date Discrepancies and Fair Notice in Rape Cases: Protecting the Accused's Rights

Philippine Supreme Court ruling on how vague dates in rape informations violate the accused's constitutional right to fair notice and defense.

Bouncing Checks Law: The 90-Day Rule and Proof of Knowledge Under BP 22

Presenting a check after 90 days does not bar prosecution under BP 22—knowledge of insufficient funds can still be proven by other evidence.

Distinguishing Complex Crimes From Multiple Offenses: The Importance of Individual Acts in Criminal Liability

When several distinct acts cause multiple deaths, separate crimes arise, not a complex crime. The Supreme Court clarifies in People v. Latupan.

Treachery in Philippine Criminal Law: The Element of Surprise in Murder Convictions

Understand how treachery qualifies killing as murder under Philippine law, explained through a Supreme Court ruling on a 1993 shooting.

Res Ipsa Loquitur in Philippine Law: Negligence and Presumption Explained

Learn how res ipsa loquitur shifts the burden of proof in negligence cases, using a landmark Philippine Supreme Court ruling.

Rape Conviction Overturned: The Critical Need for Explicitly Stating Aggravating Circumstances in Criminal Inf

Why the Supreme Court reduced a death sentence to reclusion perpetua when aggravating circumstances weren't alleged in the Information.

Witness Credibility and the Perils of Delayed Justice: Analyzing Testimonial Inconsistencies in Murder Cases

Philippine Supreme Court ruling on witness credibility, police blotter discrepancies, and why aggravating circumstances must be alleged in the information to justify the death penalty.

Ombudsman's Power to Prosecute Public Officials in All Courts Explained

The Supreme Court clarifies that the Ombudsman can investigate and prosecute public officials in both the Sandiganbayan and regular courts.

Circumstantial Evidence Conviction: Murder Reduced to Homicide in Icalla Case

Supreme Court explains when circumstantial evidence suffices for conviction and why murder was reduced to homicide in People v. Icalla.

Overcoming Alibi and Positive Identification in Philippine Criminal Cases

How the Supreme Court treats alibi versus positive identification, using a rape case where a stepfather's defense failed.

Preliminary Investigation Protecting Individual Rights Before Trial

Learn how preliminary investigation safeguards individual rights before trial, as explained in a Philippine Supreme Court decision.

Rape Conviction Requires Proof of Specific Dates Alleged in Information

Supreme Court ruling on proving specific dates in rape and acts of lasciviousness cases under Philippine law.

Delayed Reporting and Sleep as Defense: When Rape Becomes Acts of Lasciviousness

A father's conviction for rape was reduced to acts of lasciviousness because the victim slept through the alleged assault. Explore the ruling.

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.

Service of Resolutions When DOJ Rules Prevail Over the Rules of Court

When do DOJ rules on service of resolutions override the Rules of Court? The Supreme Court clarifies in Tam Wing Tak v. Makasiar.

Invalid Promulgation of Judgment: When Philippine Courts Fail to Follow Procedure

Philippine Supreme Court explains what makes a valid promulgation in absentia and when the accused's right to appeal accrues.

The Weight of Witness Testimony: Understanding Credibility in Philippine Rape Cases

How Philippine courts weigh a rape victim's testimony, and why proving the victim's age matters for the death penalty.

Prescription Periods in Graft Cases: The Discovery Rule for Ill-Gotten Wealth

Philippine Supreme Court clarifies when the prescription period for graft cases begins—from discovery, not commission, of the offense.

Prescription of Falsification: When the Clock Starts Running Under Philippine Law

Learn when the prescriptive period for falsification of public documents begins under Philippine law, based on the Supreme Court's ruling in Recebido v. People.

Murder or Homicide: Understanding Treachery in Philippine Criminal Law from People v. Templo

A Supreme Court ruling clarifies when a sudden attack amounts to treachery—and when it is only homicide, not murder.

Right to Speedy Disposition of Cases: When Delay Justifies Dismissal in Philippine Law

Philippine Supreme Court explains when delay in preliminary investigation violates the constitutional right to speedy disposition of cases.

Pleading Pitfalls: How Incorrect Wording in Rape Informations Can Impact Penalties in the Philippines

Learn how defective wording in rape informations can affect penalties, based on Philippine Supreme Court rulings on criminal procedure.

Contradictory Testimony and Witness Credibility in Philippine Criminal Cases

How inconsistent witness testimony can create reasonable doubt and lead to acquittal in Philippine criminal cases, as shown in People vs. Hernani.

Reasonable Doubt in Philippine Rape Cases: People v. Desamparado Explained

How the Supreme Court acquitted a rape accused despite medical evidence, and what this means for Philippine criminal justice.