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 697720 of 729 articles for prosecution

Ombudsman's Power to Prosecute: Understanding Its Limits and Scope in the Philippines

The Supreme Court upholds the Ombudsman's power to investigate and prosecute public officials under R.A. 6770, clarifying constitutional limits.

Gross Negligence of Counsel: When Can a Client Get a New Trial in the Philippines?

When a lawyer's repeated absences prevent a client from presenting defense evidence, the Supreme Court may order a new trial to protect due process.

Passion Provocation and Criminal Liability: Understanding Homicide in the Philippines

When does anger mitigate a killing? The Supreme Court explains passion or obfuscation, treachery, and homicide in People v. Valles.

Robbery With Homicide: Understanding the Composite Crime in Philippine Law

The Supreme Court clarifies that robbery with homicide is a single composite crime, regardless of how many people are killed.

Conspiracy in Philippine Criminal Law: How Joint Criminal Liability Is Established

Explaining how Philippine courts infer conspiracy from concerted acts, using the 1996 case of People v. Villanueva and Durana.

Juvenile Justice Understanding Mitigation AND Criminal Liability IN THE Philippines

How Philippine courts treat juvenile offenders, minority as mitigating circumstance, and criminal liability under the law.

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.

Probation After Appeal Understanding THE Waiver Rule IN THE Philippines

Learn how appealing a conviction waives probation eligibility in the Philippines, based on Supreme Court rulings and the Probation Law.

Illegal Recruitment and Estafa in the Philippines: Key Lessons from a Supreme Court Case

Learn how Philippine courts handle illegal recruitment and estafa, and what job seekers must know to avoid scams.

Treachery (Alevosia) in Philippine Murder Cases: The Apawan Ruling Explained

Learn how treachery (alevosia) qualifies a killing as murder under Philippine law, based on the Supreme Court's ruling in People vs. Apawan.

Conspiracy and Circumstantial Evidence: When Is It Enough for Conviction

The Supreme Court clarifies when circumstantial evidence and conspiracy can—and cannot—support a criminal conviction beyond reasonable doubt.

Self-Defense and Defense of Relatives in Philippine Law: Limits and Lessons from People v. Babor

When does self-defense fail in the Philippines? People v. Babor clarifies the limits of justifying circumstances, unlawful aggression, and reasonable force.

Consent and Rape: Understanding the Nuances of Sexual Assault in the Philippines

The Bawar case shows how Philippine courts weigh consent, credibility, and behavior in rape cases—crucial for understanding sexual assault law.

Navigating Buy-Bust Operations: Ensuring Due Process and Avoiding Wrongful Convictions

Learn how Philippine courts scrutinize buy-bust operations to protect the accused's rights and prevent wrongful convictions in drug cases.

Treachery in Philippine Law: How a Deceptive Attack Elevates Homicide to Murder

Learn how treachery turns homicide into murder under Philippine law, explained through the Supreme Court's ruling in People v. Fabrigas.

Homicide vs Murder: Intent and Aggravating Circumstances in Philippine Law

The Supreme Court explains when a killing is homicide, not murder, and how aggravating circumstances affect the penalty.

Fencing in the Philippines: Knowledge and Presumptions Under the Anti-Fencing Law

Explaining the elements of fencing under P.D. 1612, the presumption of knowledge from possession, and how receipts can rebut it.

Attempted Rape in the Philippines: Elements, Intent, and Legal Consequences

Learn the legal distinction between consummated and attempted rape in the Philippines, including the elements of intent, overt acts, and interruption.

Self-Defense in the Philippines: When Using Force Becomes Justifiable

Philippine law allows self-defense only under strict conditions. Learn the rules, the limits of proportionate force, and key lessons from a Supreme Court case.

Evident Premeditation: Proving Intent and Cool Thought in Philippine Criminal Law

Understand how Philippine courts prove evident premeditation to qualify a killing as murder, and why treachery was rejected in People v. Belga.

Self-Defense in the Philippines: Unlawful Aggression and the Cabiles Case

Philippine self-defense law requires unlawful aggression, reasonable force, and no provocation. The Cabiles case shows how courts test these elements.

Understanding Illegal Logging and Timber Possession Laws in the Philippines

The Supreme Court clarifies that possessing lumber without legal documents is a crime under the Revised Forestry Code, explaining key rules on seizure and confiscation.

Alibi Defense in Philippine Criminal Law: Requirements and Limitations

Understand when alibi works as a defense in Philippine criminal cases, its legal requirements, and why courts view it with suspicion.

Treachery in Philippine Criminal Law: Understanding Alevosia and Its Implications

A look at how Philippine courts define treachery (alevosia) in murder cases, using the 1996 Paragua decision as a guide.