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 73 articles for desistance

Incestuous Rape: Why Explicit Allegations Matter for the Death Penalty

The Supreme Court acquits a stepfather of rape, stressing that material inconsistencies in the victim's testimony and evidence of frame-up defeat conviction.

Credibility in Rape Cases: How Minor Inconsistencies Don't Undermine Conviction

Philippine Supreme Court ruling on how minor inconsistencies in a rape victim's testimony do not defeat conviction when credibility is established.

When Sexual Assault Is Acts of Lasciviousness, Not Attempted Rape: Perez v. People

The Supreme Court clarifies the line between attempted rape and acts of lasciviousness in a case with no eyewitnesses.

Acts of Lasciviousness vs Attempted Rape: The Penetration Requirement

When do sexual acts become attempted rape rather than acts of lasciviousness? The Supreme Court clarifies the crucial role of penetration.

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.

From Robbery With Homicide to Homicide: Proving Guilt Beyond Reasonable Doubt Through Circumstantial Evidence

Philippine Supreme Court ruling on self-defense, circumstantial evidence, and the distinction between attempted homicide and frustrated murder.

Rape With Deadly Weapon Intimidation Consent And The Boundaries Of Legal Proof

Philippine Supreme Court ruling on rape with intimidation, deadly weapon, desistance, alibi, and proof of minority.

Judicial Duty vs Dereliction: Balancing Discretion and Due Diligence in Preliminary Investigations

A judge's dismissal of a case without proper preliminary investigation constitutes dereliction of duty, as shown in this administrative case.

Baseless Administrative Complaints Against Judges: Lessons from Manahon v. Judge Tan

The Supreme Court dismissed a baseless administrative complaint against a judge, reinforcing that substantial evidence is required and frivolous charges will be reprimanded.

Proof Beyond Reasonable Doubt in Attempted Rape: Credibility of Witnesses Under Philippine Law

Philippine Supreme Court ruling on attempted rape, witness credibility, and proof beyond reasonable doubt in criminal cases.

Upholding Judicial Impartiality: Why Private Judge-Litigant Communication Is Unacceptable in Philippine Courts

The Supreme Court admonishes a judge for private calls to a litigant, reaffirming that judges must not only be impartial but also appear impartial.

Bouncing Checks and Criminal Liability: Why Account Sufficiency Matters

Philippine Supreme Court explains when issuing a check against a closed account becomes a crime under BP 22, and why account sufficiency at issuance is key.

Judicial Efficiency vs Unnecessary Delays: The Case of Farrales vs Camarista

A look at Farrales vs Camarista, where a judge was fined for gross inefficiency and ignorance of the law in delaying summary procedure cases.

Sheriffs Duty to Timely Return Writ of Execution and Consequences of Delay

A sheriff's four-day delay in returning a writ of execution led to a fine. Learn the 60-day rule and why timely returns matter.

Lawyer Ethics Matter: Why Misconduct Investigations Proceed Despite Complainant Withdrawal in the Philippines

Philippine Supreme Court clarifies that lawyer disciplinary cases continue despite complainant withdrawal, and silence is not admission of guilt.

Illegal Recruitment in Large Scale: Supreme Court Upholds Protection for Filipino Workers

The Supreme Court affirms the conviction of an unlicensed recruiter for illegal recruitment in large scale and estafa, protecting overseas Filipino workers from fraudulent schemes.

Misappropriation vs Private Property: Understanding Malversation in Philippine Law

The Supreme Court clarifies that malversation requires public property. A mayor's custody of a private gun is not malversation.

Illegal Recruitment and Estafa: When Overseas Job Promises Turn Into Fraud

A look at how Philippine courts treat illegal recruitment and estafa when unlicensed recruiters defraud aspiring overseas workers.

When Private Immorality Leads to Public Disbarment: Understanding Lawyer Ethics in the Philippines

A Supreme Court ruling shows how a lawyer's private misconduct—abandoning his family—can lead to disbarment.

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.

Attempted Kidnapping: When Does Intent Fall Short of Completion

Philippine law distinguishes attempted from frustrated kidnapping. This article explains the legal tests courts use to determine criminal liability.

When Is a Lawyer Liable for a Missed Appeal? Lessons from Sattar v. Lopez

The Supreme Court clarifies when a lawyer may be disciplined for a missed appeal, and when the client's own neglect is to blame.

Affidavits of Desistance and Witness Recantations: Their Limited Impact on Philippine Criminal Cases

Philippine courts view affidavits of desistance and witness recantations with disfavor. Learn why from People v. Ballabare.

Recanted Testimony and Conflicting Medical Reports: When Can a Rape Conviction Be Overturned

Philippine Supreme Court explains when recanted testimony and conflicting medical reports can justify a new trial in rape convictions.