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 601624 of 838 articles for band

Dereliction of Duty and Dismissal: Upholding Integrity in Public Service

Supreme Court affirms dismissal of court utility worker for habitual absenteeism, insubordination, and conduct grossly prejudicial to the service.

How Youth and Voluntary Surrender Affect Criminal Liability in the Philippines

A Supreme Court ruling clarifies when voluntary surrender is a mitigating circumstance and how self-defense claims are judged.

Rape Intimidation As A Substitute FOR Physical Resistance IN THE Philippines

Philippine Supreme Court clarifies that intimidation and moral ascendancy can substitute for physical resistance in statutory rape cases.

Passion and Obfuscation: How Jealousy Can Reduce Murder to Homicide in the Philippines

The Supreme Court explains when passion and obfuscation can downgrade a murder charge to homicide, and how self-defense claims are weighed.

Passion and Obfuscation in Homicide: When Jealousy Mitigates Intent

The Supreme Court explains when a betrayed spouse's passion and obfuscation can reduce murder to homicide in the Philippines.

Correcting Appellate Court Designations Preserving the Right to Appeal

A timely correction of the appellate court designation preserves a valid appeal, even if the first notice named the wrong court.

Simple vs Qualified Rape: Why Allegations in the Information Matter

The Supreme Court explains why the death penalty for qualified rape requires both minority and relationship to be alleged in the information.

Citizenship and Residency: Defining Electoral Eligibility in the Philippines

The Supreme Court clarifies how citizenship and residency requirements apply to candidates for local elective office in the Philippines.

Seafarers' Employment Status: Contractual, Not Regular, Under Philippine Law

Philippine Supreme Court clarifies that seafarers are contractual employees, not regular employees under Article 280 of the Labor Code.

Seafarers Are Contractual Employees: The Millares Ruling on Fixed-Term Overseas Work

The Supreme Court clarifies that Filipino seafarers are contractual, not regular, employees under Philippine law, and explains the limits of Article 280.

Robbery With Homicide: Proving Conspiracy and the Limits of Band Aggravation

The Supreme Court explains when conspiracy makes co-accused liable for robbery with homicide, and why "band" aggravates only when three or more armed men are proven.

Private Searches and Constitutional Rights: When Is Evidence Admissible

The Supreme Court clarifies that constitutional protection against unreasonable searches applies only against government action, not private individuals.

Corporate Dissolution and Judgment Enforcement: Rights Survive Liquidation

A final judgment can still be enforced after a corporation dissolves — the Supreme Court explains why in this ruling.

Disbarment for Attorney Misconduct: Delaying Justice and Abusing Court Processes

A lawyer's dilatory tactics and groundless suits against judges led to disbarment for violating the lawyer's oath and obstructing justice.

Court Employees' Private Misconduct: When Personal Dealings Undermine Public Trust

A Supreme Court ruling reminds court employees that honesty and integrity are required even in their personal and private dealings.

Rape Conviction Upheld: Intimidation With a Weapon Constitutes Force in Sexual Assault

The Supreme Court affirms a rape conviction, ruling that threatening a victim with a bolo constitutes the force or intimidation required by law.

Succession to Tenancy Rights: Surviving Spouse Takes Priority Under Agrarian Reform

When a tenant dies, who inherits the tenancy? The Supreme Court clarifies the order of preference under Section 9 of RA 3844.

Rape Conviction Upheld: Father Figure's Moral Ascendancy Equals Force and Intimidation

Philippine Supreme Court affirms rape conviction, ruling that a father figure's moral ascendancy over a minor victim substitutes for force and intimidation.

Rape and Stepfather Relationship: When Death Penalty Applies in Philippine Law

Philippine Supreme Court clarifies when a stepparent's rape of a minor warrants death penalty versus simple rape.

Judges' Marriage Solemnization: Territorial Limits and License Requirements

A judge who solemnizes a marriage outside his court's jurisdiction or without a marriage license faces administrative liability, as this case shows.

Conspiracy and Treachery: How Group Violence Determines Criminal Liability

Learn how Philippine courts apply conspiracy and treachery in group attacks, using a Supreme Court murder case as a guide.

Judicial Accountability: The Imperative of Timely Decision Making in Philippine Courts

Philippine judges must decide cases within reglementary periods. This article examines a Supreme Court ruling on undue delay and its consequences.

Gross Negligence of Counsel Reopening Cases for Fair Trial

When a lawyer's gross negligence deprives a client of a fair trial, courts may reopen the case to serve justice.

Dismissal of Administrative Cases Against Judges: Upholding Judicial Integrity and Curbing Frivolous Complaint

Supreme Court dismisses administrative complaint against Judge Angeles for failure to prosecute, protecting judges from frivolous cases and preserving judicial integrity.