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 218 articles for criminal prosecution

Understanding Probable Cause in Public Procurement: Insights from a Landmark Supreme Court Decision

The Supreme Court clarifies probable cause standards in public procurement cases, emphasizing that mere signature on documents does not prove bad faith.

Attempted vs. Frustrated Homicide: The Gemenez Ruling on Proving Fatal Injuries

The Supreme Court clarifies when a shooting is attempted, not frustrated, homicide—key lessons on proving fatal injuries.

Sale vs Agency: When Unpaid Vendors Are Not Guilty of Estafa

The Supreme Court clarifies when a failed real estate deal is a breach of contract, not estafa, and why unpaid vendors cannot be criminally liable.

B.P. 22 and the Corporate Veil: When Corporate Officers Face Personal Liability

The Supreme Court pierces the corporate veil in B.P. 22 cases, holding officers personally liable for bouncing checks—but only with proper notice of dishonor.

Former Judge's Conflict of Interest: Ethical Limits After Leaving the Bench

Supreme Court clarifies Rule 6.03 on former judges and government lawyers accepting cases they previously handled.

Speedy Disposition of Cases: When Delay in Ombudsman Proceedings Becomes Inordinate

The Supreme Court clarifies when delay in Ombudsman investigations violates the constitutional right to speedy disposition of cases.

Disbarment for Dishonesty When Lawyers Fabricate Court Decisions

Fabricating a court decision to defraud clients leads to disbarment. The Supreme Court explains why.

Judicial Review of Probable Cause: Safeguarding Against Hasty Prosecution

The Supreme Court affirms the Sandiganbayan's power to dismiss criminal cases when evidence fails to establish probable cause against accused public officials.

Upholding Attorney Conduct Dismissal OF Disbarment Suit FOR Lack OF Evidence

The Supreme Court clarifies when a disbarment suit fails for lack of evidence and how due process protects lawyers.

Speedy Disposition Rights: Balancing Institutional Delays and Fair Trial Guarantees

The Supreme Court clarifies when inordinate delay in preliminary investigation violates the constitutional right to speedy disposition of cases.

Drug Use Conviction Requires Arrest Protecting Rights Under R A 9165

The Supreme Court rules that a conviction for drug use under Section 15, R.A. 9165 requires an arrest or apprehension, safeguarding constitutional rights.

Circumstantial Evidence and Conspiracy in Homicide Cases: Proving Guilt Beyond Reasonable Doubt

How Philippine courts use circumstantial evidence and conspiracy to establish guilt in homicide cases beyond reasonable doubt.

Denial of Child Support as Economic Abuse Under RA 9262: Key Lessons from Melgar v. People

The Supreme Court rules that withholding child support is economic abuse under RA 9262, even without proof of psychological anguish.

Grave Misconduct in Government Service: When Dismissal Is the Only Penalty

Supreme Court reinstates dismissal of immigration officer for extortion and grave misconduct, ruling first offense cannot mitigate penalty.

Breach of Contract and Estafa: Developer Liability for Unfulfilled Property Sale

When a developer fails to deliver titles after full payment, both civil and criminal remedies may apply. The Supreme Court clarifies when estafa and P.D. 957 violations arise.

Supreme Court on Self-Defense and Treachery in Homicide Cases

The High Court clarifies when self-defense fails and why treachery cannot be presumed in killings.

Syndicated Estafa Liability and Investor Protection Under Philippine Law

Supreme Court affirms syndicated estafa conviction under PD 1689, clarifying liability of corporate officers and investor protection.

Reasonable Doubt in Human Trafficking Cases: The Necessity of Corroborating Evidence

The Supreme Court acquits an accused in a trafficking case, stressing that conviction requires proof beyond reasonable doubt, not just a police officer's lone testimony.

When Banks Can Refuse Payment: B.P. 22 and Bank Closure in Cu v. SB Corp.

Supreme Court ruling on B.P. 22 liability when a bank is closed by the Monetary Board and placed under PDIC receivership.

Corporate Liability Accountability FOR Unremitted SSS Contributions

Supreme Court affirms conviction of corporate officer for non-remittance of SSS contributions under RA 8282.

Conspiracy and Probable Cause in Corporate Criminal Cases: The Ient v. Tullett Prebon Ruling

Supreme Court clarifies when conspiracy and probable cause establish criminal liability for corporate officers under the Corporation Code.

Falsification of Court Documents: Accountability and Public Trust in the Judiciary

Court employee dismissed for falsifying a Certificate of Finality in a non-existent case, showing how public trust is protected.

Tax Evasion and Prescription: The Statute of Limitations in Philippine Tax Law

The Supreme Court clarifies when the three-year prescriptive period for tax assessment applies, and why fraud must be proven to trigger the ten-year rule.

PDAF Scam: Hearsay Evidence and Probable Cause in Plunder Cases

The Supreme Court upholds the Ombudsman's probable cause findings in the PDAF scam cases, clarifying that hearsay evidence can establish probable cause.