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 727 articles for prosecutor

Judicial Impartiality When Prior Involvement In A Case Disqualifies A Judge

A judge who previously served as prosecutor must inhibit from the case. Rule 137, Section 1 explained.

Conspiracy in Philippine Murder Cases: Why Mere Presence Isn't Enough

The Supreme Court acquits two brothers in People v. Abina, clarifying that mere presence or simultaneous acts don't prove conspiracy in murder.

Delayed Reporting in Rape Cases: Why Fear and Trauma Don't Discredit a Victim

Philippine Supreme Court ruling affirms that delayed reporting of rape doesn't automatically discredit a victim's testimony.

Positive Identification in Murder Cases: The Delmendo Ruling on Eyewitness Testimony

How the Supreme Court in People v. Delmendo weighed eyewitness testimony, positive identification, and treachery in affirming a murder conviction.

Protecting the Vulnerable: Rape of Persons With Mental Disability in Philippine Law

The Supreme Court affirms that rape of a mental retardate requires less force, and explains why conviction stands.

Robbery vs. Highway Robbery in the Philippines: Key Distinctions Explained

Philippine law distinguishes simple robbery from highway robbery under P.D. 532. Learn how the Supreme Court clarified this crucial difference.

Protecting Children: Why Age Matters in Rape Cases Under Philippine Law

The Supreme Court clarifies how a minor victim's age affects credibility, evidence, and penalties in rape cases under Philippine law.

Duplicity in Criminal Charges: How Improperly Worded Informations Can Impact Convictions in the Philippines

The Supreme Court explains when duplicitous informations violate an accused's right to be informed and how convictions may still stand.

Motion to Quash Denied: Navigating Criminal Procedure and Your Rights in the Philippines

Learn when a motion to quash can be denied, the limits of certiorari, and your rights in Philippine criminal procedure.

Protecting Your Right to Present Evidence: Ensuring Due Process in Philippine Courts

Learn how Philippine courts protect the right to present evidence and ensure due process in criminal cases, based on a Supreme Court ruling.

Navigating Dismissal Disputes: Labor Arbiter Jurisdiction in Philippine Employment Law

When does a termination dispute belong to the Labor Arbiter rather than voluntary arbitration? The Maneja ruling clarifies the boundary.

Withdrawal of an Administrative Complaint: Does It Auto-Dismiss Cases Against Court Personnel?

Withdrawing an administrative complaint against court personnel does not automatically end the case. The Supreme Court explains when dismissal is proper.

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.

Preliminary Investigation as a Substantive Right: The Duterte v. Sandiganbayan Doctrine

The right to preliminary investigation is substantive, not a mere formality. Duterte v. Sandiganbayan shows how its violation can void criminal charges.

When Should a Judge Inhibit: Safeguarding Impartiality in Philippine Courts

Philippine Supreme Court ruling on when judges must voluntarily inhibit to protect judicial impartiality, explained in plain language.

Fair Trial or Biased Judge: When a Trial Judge's Questions Are Proper in Philippine Courts

The Supreme Court clarifies when a judge's clarificatory questions during trial are proper and do not prove judicial bias.

Rape Conviction Affirmed: Why Minor Inconsistencies in a Child Victim's Testimony Do Not Destroy Credibility

The Supreme Court affirms a triple rape conviction, explaining why minor inconsistencies in a young victim's testimony do not undermine credibility.

Superior Strength in Murder: How Conspiracy Establishes Criminal Liability

Philippine Supreme Court ruling on how conspiracy and superior strength qualify a killing as murder, with practical legal takeaways.

Quasi-Delict vs Criminal Negligence: Civil Liability in Philippine Accidents

The Supreme Court clarifies when a driver's negligence creates civil liability under quasi-delict, even without a criminal conviction.

COMELEC's Power to Prosecute Election Offenses: Independent Authority Affirmed

Supreme Court affirms COMELEC's exclusive authority to prosecute election offenses, ruling that deputized prosecutors cannot override its decisions.

Possession vs Intent: Understanding Illegal Firearm Charges in the Philippines

Learn how the Supreme Court ruled on double jeopardy in illegal firearm cases, and why a prosecutor's authority matters in criminal charges.

When Can a Judge Recall a Warrant of Arrest: Understanding Abuse of Discretion

A Supreme Court ruling explains the three-day notice rule for motions and when a judge commits abuse of discretion in recalling warrants.

Prosecutorial Discretion vs Court Authority: Navigating Criminal Case Dismissals in the Philippines

Philippine Supreme Court clarifies the balance between prosecutorial discretion and judicial authority in dismissing criminal cases after information is filed.

When Court Personnel Extort Litigants: Administrative Liability Explained

A court interpreter extorted a litigant for a document's release. The Supreme Court explains administrative liability, penalties, and why resignation or transfer does not end a case.