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 4972 of 132 articles for article 26

Protecting Childhood Statutory Rape AND THE Irrelevance OF Consent

The Supreme Court affirms that in statutory rape, consent is irrelevant; mere touching of the labia by the penis constitutes carnal knowledge.

Aider and Abettor Establishing Criminal Liability in Rape Cases Through Conspiracy

Philippine Supreme Court rules that a person who aids a rape by holding the victim's legs is equally guilty through conspiracy.

Divorce Abroad: A Filipino Spouse's Right to Remarry After a Foreign Divorce

The Supreme Court clarifies when a Filipino can remarry after a foreign divorce, even if the Filipino initiated the divorce proceedings abroad.

Limits on Seizure: Balancing Privacy and Law Enforcement in Criminal Cases

The Supreme Court clarifies when seized items are admissible, balancing privacy rights with valid law enforcement in search warrant cases.

When Death Extinguishes Criminal Liability: The Antido Case

Explaining the Supreme Court ruling that an accused's death before final conviction extinguishes criminal and civil liability ex delicto.

Credible Testimony Alone Sufficient for Rape Conviction Despite Lack of Physical Evidence

Philippine Supreme Court clarifies that a rape conviction can rest on credible victim testimony alone, even without medical or physical evidence of penetration.

Protecting the Vulnerable: Rape Conviction Affirmed for Abuse of Intellectually Disabled Victim

The Supreme Court affirms a rape conviction, ruling that mental age—not chronological age—determines a victim's capacity to consent.

Breach of Trust: Legal Consequences of Stepparent Rape in the Philippines

A stepfather's rape of his minor stepdaughter is qualified rape, warranting reclusion perpetua without parole. This case explains the law.

Kidnapping for Ransom Conviction Upheld: Safe House Caretaker Liable as Co-Principal

Philippine Supreme Court rules on kidnapping for ransom, conspiracy, and multiple counts when several victims are abducted in one information.

Protecting the Vulnerable: The Duty of Moral Ascendancy in Familial Rape Cases

How the Supreme Court affirmed a father's rape conviction, explaining why moral ascendancy replaces force in incestuous abuse.

Intellectual Disability and Witness Credibility in Philippine Rape Cases

The Supreme Court affirms that intellectual disability alone does not disqualify a rape victim from testifying, provided her account is coherent and consistent.

Conspiracy and Rape: When Bystanders Become Co-Principals in Group Sexual Assault

Explaining the Supreme Court ruling that a person who aids or abets rape through acts like recording or preventing rescue can be liable as a co-principal.

When Forcible Abduction Is Absorbed by Rape: Key Ruling on Complex Crimes

The Supreme Court clarifies when forcible abduction with rape is actually simple rape, and explains the governing rules on victim testimony and damages.

Rape Conviction Affirmed: Force, Intimidation, and Moral Ascendancy in Sexual Assault Cases

The Supreme Court affirms a stepfather's rape conviction, explaining how force, intimidation, and moral ascendancy satisfy the elements of rape under Philippine law.

Statutory Rape and Acts of Lasciviousness: Protecting Children Under Philippine Law

Explaining statutory rape vs. acts of lasciviousness, and why an accused's death extinguishes criminal liability under Article 89 of the RPC.

Moral Ascendancy in Rape Cases: When Power Substitutes for Force Under Philippine Law

How the Supreme Court ruled that moral ascendancy can substitute for physical threat or intimidation in rape cases, protecting vulnerable victims.

Rape of Persons with Intellectual Disability: Consent and Criminal Liability in the Philippines

The Supreme Court clarifies that sexual intercourse with a person with intellectual disability constitutes rape, as they cannot give valid consent.

Illegal Slowdowns and Union Officer Dismissal: The Polyson Case

The Supreme Court clarifies when a work slowdown becomes an illegal strike and justifies dismissal of union officers under Philippine labor law.

Rape of an Intoxicated Victim: Consent and Consciousness Under Philippine Law

The Supreme Court ruled that sex with a woman unconscious or deprived of reason from intoxication is rape, even without force.

Good Faith in Collective Bargaining: Philippine Rule on Fair Labor Practices

Philippine Supreme Court clarifies good faith bargaining duties, unfair labor practice, and when strikes are justified in CBA negotiations.

Protecting Childhood: Defining Carnal Knowledge in Statutory Rape Cases

The Supreme Court clarifies that slight penetration suffices for statutory rape, protecting child victims like a four-year-old in this case.

Rape Conviction Upheld: Victim Testimony and Procedural Compliance in Rape Cases

The Supreme Court affirms the conviction of a father for qualified rape, underscoring the weight of credible victim testimony and the importance of procedural compliance.

Rape Through Sexual Assault: Protecting Children Beyond Gender

The Supreme Court affirms that men can be rape victims, ruling on sexual assault against a 10-year-old boy and the applicable penalty.

Rape and the Incapacity to Consent: Protecting the Intellectually Disabled in Philippine Law

Philippine law treats rape as a violation of autonomy, especially when the victim cannot consent due to intellectual disability. This article explains the key ruling.