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 4964 of 64 articles for prima facie

When Government Salaries Can Be Withheld: The Santiago COA Ruling

The Supreme Court clarifies when COA may withhold a government employee's salary for an alleged cash shortage, and when it cannot apply the withheld amounts.

Prima Facie Evidence in Disbarment Cases: Protecting Lawyers From Baseless Accusations

Learn how the Supreme Court protects lawyers from baseless disbarment complaints, requiring prima facie evidence before full investigation proceeds.

Good Faith Payments and Prior Satisfaction as Grounds for Acquittal in BP 22 Cases

Supreme Court acquits corporate officer in BP 22 case where the dishonored check was fully paid two years before charges were filed.

Smuggling and the Presumption of Guilt: Possession and Tax Obligations in Philippine Law

When does possession of untaxed goods create a presumption of smuggling under Philippine law? The Supreme Court explains in Rieta v. People.

B.P. 22 Conviction Requires Proof of Written Notice of Dishonor: The Sia Case

Conviction under the Bouncing Checks Law requires proof the accused received written notice of dishonor. The Sia case explains why.

Bouncing Checks Law: The 90-Day Rule and Proof of Knowledge Under BP 22

Presenting a check after 90 days does not bar prosecution under BP 22—knowledge of insufficient funds can still be proven by other evidence.

Prescription Periods in Graft Cases: The Discovery Rule for Ill-Gotten Wealth

Philippine Supreme Court clarifies when the prescription period for graft cases begins—from discovery, not commission, of the offense.

Proving Bouncing Checks Cases in Philippine Courts: Actions Speak Louder Than Words

B.P. 22 convictions don't require proving intent or a pre-existing debt. Learn what courts actually look for in bouncing checks cases.

Acquisitive Prescription: When Possession Becomes Ownership Under Philippine Law

Philippine Supreme Court explains when possession ripens into ownership through acquisitive prescription, and why tax declarations alone do not prove title.

Malicious Prosecution in Philippine Law: Probable Cause and Malice Explained

Philippine Supreme Court clarifies when a failed criminal complaint becomes malicious prosecution, requiring proof of lack of probable cause and sinister motive.

Dismissal Without Malicious Prosecution: Why Probable Cause Matters in Philippine Law

Philippine Supreme Court explains why a dismissed criminal case does not automatically mean malicious prosecution. Learn the legal distinction.

Notice of Dishonor Under BP 22: Why Actual Receipt Matters in Bouncing Check Cases

Under BP 22, a bounced check issuer can only be convicted if properly notified of dishonor. The Betty King case shows why actual notice is crucial.

Valid Substituted Service: How Philippine Courts Can Serve Summons Without Personal Delivery

Learn when substituted service of summons is valid in Philippine courts, what the sheriff's return must show, and how to challenge a default order.

Presumption of Illegal Fishing: What Fishermen Need to Know About Dynamite Fishing Laws in the Philippines

Learn how Philippine courts apply the presumption of illegal fishing in dynamite fishing cases, what evidence convicts, and the penalties under P.D. 704.

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.

Anti-Fencing Law in the Philippines: Possession and Legal Presumptions

The Anti-Fencing Law criminalizes dealing in stolen goods. Mere possession creates a presumption of fencing. Learn how to protect yourself.