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 673696 of 955 articles for family

Citizenship by Blood: Redefining Qualifications for the Philippine Presidency

The Supreme Court's 2004 ruling in Tecson v. COMELEC clarifies how natural-born citizenship is determined for presidential candidates.

Parental Rights vs Child’s Affidavit of Desistance: Protecting Minors in Legal Proceedings

A judge was fined for dismissing a rape case based on a minor’s affidavit of desistance without parental consent or notice. Key family law lessons.

Banks' Fiduciary Duty to Protect Depositors' Funds: What the Law Requires

Philippine law imposes a strict fiduciary duty on banks to protect depositors' funds. This article explains the legal standards and consequences of breach.

Voluntary Confession Mitigates Parricide: Reclusion Perpetua Instead of Death

Philippine Supreme Court ruling on how voluntary confession of guilt mitigates parricide, reducing the penalty from death to reclusion perpetua.

Rape and Consent: The Supreme Court's Stance on Sweetheart Defense and Weapon Use

Learn how the Supreme Court treats date and relationship allegations in rape cases, and why precise time is not essential for conviction.

Rape and Credibility: How Inconsistencies in Victim Testimony Are Weighed

Philippine Supreme Court clarifies how courts assess victim credibility, force, intimidation, and qualifying circumstances in rape cases.

Upholding Barangay Dispute Resolutions Enforceability AND Timeframes FOR Amicable Settlements

The Supreme Court clarifies when barangay amicable settlements become final and how the six-month execution period under the Local Government Code should be counted.

Court Employee Misconduct: When Drunkenness at Work Means Simple Misconduct

A court aide who showed up drunk at the Palace of Justice was fined P5,000 for simple misconduct. Learn the rules on decorum for judiciary employees.

Online Psychological Abuse Under RA 9262: When Social Media Posts Become Crimes

The Supreme Court clarifies when Facebook posts constitute psychological abuse under RA 9262 and how ICT use raises penalties.

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.

Retraction vs Truth: Evaluating Testimony in Philippine Rape Cases

How Philippine courts weigh a rape victim's testimony against retraction and alibi defenses, explained through a landmark child rape case.

Incestuous Rape: Why the Supreme Court Upheld the Victim's Testimony Against Her Brother

The Supreme Court affirms a death sentence for incestuous rape, explaining why a victim's testimony against her own brother deserves full credence.

Ejectment Suits and Due Process: When Non-Parties Are Bound by Court Decisions

Philippine Supreme Court ruling on when non-parties to an ejectment case may still be bound by a demolition order.

Habitual Tardiness in the Judiciary: Standards and Penalties for Court Employees

Explaining the Supreme Court's standards on habitual tardiness for judiciary employees, the penalties imposed, and practical compliance tips.

Incestuous Rape: Why the Prosecution Must Prove the Victim's Age Beyond Reasonable Doubt

In incestuous rape cases, the prosecution must prove the victim's minority and relationship to the offender beyond reasonable doubt to justify the death penalty.

The Element of Surprise: Defining Treachery in Philippine Murder Cases

The Supreme Court explains when a sudden, unexpected attack qualifies as treachery, elevating a killing to murder under Philippine law.

Rape Conviction Affirmed Despite Procedural Lapses in Parental Incest Case

Supreme Court affirms rape conviction of father but reduces death penalty to reclusion perpetua due to procedural defects in the information.

Rape Conviction Upheld on Victim's Credible Testimony Despite Intact Hymen

Philippine Supreme Court affirms rape conviction based on child victim's credible testimony, clarifies that intact hymen does not negate rape.

Easement by Prescription: Why Permissive Use Never Ripens Into a Right-of-Way

Philippine Supreme Court ruling on why tolerated use of land cannot create an easement by prescription, and when prescriptive periods for compensation begin.

Judge Dismissed for Extramarital Affair: Gross Immorality in the Judiciary

Supreme Court dismisses judge for extramarital affair and child with another woman, ruling infidelity is gross immorality warranting removal from the bench.

The Weight of Fear: Evaluating Delay in Rape Cases Under Philippine Law

Philippine Supreme Court ruling on rape convictions, victim credibility, and why delay in reporting does not weaken a case.

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.

Intrafamilial Rape: Conviction Upheld on Minor's Credible Testimony and Parental Relationship

Supreme Court affirms death penalty for father convicted of raping his 13-year-old daughter, relying on the victim's credible testimony and proven relationship.

Mortgage Foreclosure Estoppel Prevents Claimants From Denying Prior Actions

Philippine Supreme Court ruling on how estoppel bars property claimants from questioning a mortgage foreclosure after prior inconsistent acts.