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 727 articles for prosecutor

The Right to Preliminary Investigation: A Shield for Liberty in Philippine Criminal Procedure

Philippine Supreme Court ruling on why a regular preliminary investigation is a substantive right, not a mere technicality, protecting the accused from arbitrary detention.

Grave Oral Defamation When Does Filing A Complaint Stop The Clock

Learn when filing a complaint stops the prescriptive period for grave oral defamation under Philippine law.

Judicial Accountability: Independent Assessment of Justice Secretary's Resolutions in Philippine Courts

Philippine Supreme Court ruling on trial courts' duty to independently assess Justice Secretary's resolutions in withdrawal of criminal informations.

Sexual Harassment in the Workplace: Employee Rights and Employer Responsibilities in the Philippines

Learn the legal rules on workplace sexual harassment in the Philippines, including employer duties, due process, and employee remedies.

Upholding Labor Rights Illegal Dismissal AND Unfair Labor Practices IN the Philippines

The Supreme Court rules on illegal dismissal, unfair labor practice, and the limits of "loss of confidence" as a ground for termination.

Counterclaims in Criminal Cases: When Can the Accused Seek Damages?

The Supreme Court in Cabaero v. Cantos clarifies when an accused may file a counterclaim for damages in a criminal case, and when a separate civil action is required.

Multiple Homicides vs Complex Crime: Understanding the Nuances of Philippine Criminal Law

When a single shooting spree kills four and wounds two, is it one complex crime or several separate crimes? The Supreme Court explains the distinction.

Preliminary Investigation Rules and Jurisdiction: Lessons from a Philippine Court Case

A Philippine judge's error on preliminary investigation jurisdiction offers practical lessons on criminal procedure and court authority.

The Power of Circumstantial Evidence in Proving Guilt Beyond Reasonable Doubt

When no eyewitness exists, circumstantial evidence can still convict. Learn the rules from People v. Salvame and how courts apply them.

Complex Crimes: When One Act Causes Multiple Fatalities Under Philippine Law

Philippine Supreme Court explains how a single act causing multiple deaths is treated as a complex crime under the Revised Penal Code.

Who Can Represent a Municipality in Court: The Ramos Doctrine on Unauthorized Counsel

Philippine law limits who may represent a municipality in lawsuits. Learn the rules, exceptions, and effects of unauthorized private counsel appearances.

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.

Psychological Incapacity as Ground for Marriage Annulment in the Philippines: Guidelines and Implications

The Supreme Court's Molina ruling sets strict guidelines for proving psychological incapacity under Article 36 of the Family Code.

When Can an Employer Claim Loss of Confidence as Grounds for Dismissal in the Philippines

Philippine Supreme Court clarifies when loss of confidence justifies dismissal and bars separation pay for trusted employees guilty of misconduct.

Amending Criminal Informations: When a Homicide Charge Can Be Upgraded to Murder

The Supreme Court explains when prosecutors may amend an information to upgrade homicide to murder after the accused has already pleaded not guilty.

Homicide vs. Murder: How Philippine Courts Read Criminal Intent in an Information

A Supreme Court ruling explains when amending an information from homicide to murder is only a formal change, not a violation of the accused's rights.

When Judges Overstep in Preliminary Investigations: A Lesson from Depamaylo v. Brotarlo

A judge reduced murder to homicide to grant bail, ignored prosecution rights, and was fined P20,000 for misconduct.

Rape Conviction Based on Victim's Testimony: Philippine Jurisprudence Analysis

Examining the Supreme Court's ruling in People v. Apilo on the sufficiency of a minor rape victim's testimony and the rules on credibility.

Judicial Misconduct: Neglect of Duty and Insubordination in Philippine Courts

A Supreme Court ruling on a judge's failure to follow procedural rules and obey a superior's directive, resulting in a fine.

Limits on Judicial Authority: When Can a Judge Issue a Warrant of Arrest?

A Supreme Court ruling clarifies that probable cause alone does not justify a warrant—judges must also find immediate custody necessary.

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.

Circumstantial Evidence in Rape Cases: Proving Guilt Beyond Reasonable Doubt

How the Supreme Court upheld a rape-homicide conviction based solely on circumstantial evidence, and what this means for Philippine criminal prosecutions.

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.

Positive Identification in Philippine Criminal Law: When Is It Enough for Conviction

When does a witness's positive identification suffice for conviction? The Supreme Court explains in People v. Compendio.