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 817840 of 2,662 articles for force

Statutory Rape and Acts of Lasciviousness: Protecting Children Under Philippine Law

Explaining statutory rape vs. acts of lasciviousness, and why an accused's death extinguishes criminal liability under Article 89 of the RPC.

Rape Conviction Affirmed: Force, Intimidation, and Moral Ascendancy in Sexual Assault Cases

The Supreme Court affirms a stepfather's rape conviction, explaining how force, intimidation, and moral ascendancy satisfy the elements of rape under Philippine law.

Rape Conviction Affirmed: Force and Intimidation Defined in Philippine Law

The Supreme Court clarifies force and intimidation in rape cases, affirming a conviction and increasing damages awarded to the victim.

Tax Assumption vs. Tax Exemption: The Mitsubishi Ruling on Government-Promised Tax Relief

The Supreme Court clarifies when a government's promise to assume taxes binds the state—and when it doesn't—in this landmark Philippine tax case.

When a Judge Falls Short: Gross Immorality, Dismissal, and Bar Sanctions

The Supreme Court dismissed a judge for gross immorality over an extramarital affair, suspending him from law practice for three years.

Contempt of Court for Defying a Corporate Rehabilitation Order in the Philippines

The Supreme Court affirms contempt charges against BIR officials who pursued deficiency tax claims despite a corporate rehabilitation Commencement Order.

When Attorney Negligence Doesnt Equal Extrinsic Fraud Protecting Final Judgments

The Supreme Court clarifies that a lawyer's negligence, without malice or connivance with the adverse party, does not constitute extrinsic fraud to annul final judgments.

Acts of Lasciviousness Under RA 7610: Scope of Child Sexual Abuse Defined

The Supreme Court clarifies when acts of lasciviousness fall under RA 7610's child abuse provisions, not just the Revised Penal Code.

Final Judgment Immutability and Limits of Execution in Land Reclamation Disputes

Philippine Supreme Court ruling on final judgment immutability, execution limits, and procedural remedies in land reclamation disputes.

Death of Accused Pending Appeal Extinguishes Criminal and Civil Liability

Explore how the Supreme Court applied of the Revised Penal Code in People v. Toukyo, clarifying that death abates criminal liability and related civil claims.

Self-Defense and Unlawful Aggression: Proving Justifying Circumstances in Philippine Law

The Supreme Court explains what it takes to prove self-defense and defense of relatives under Article 11 of the Revised Penal Code.

Practicing Law While Suspended: No Automatic Return After Suspension Period

A lawyer suspended from practice cannot resume work until the Court formally lifts the suspension — even if the suspension period has already ended.

Forced Resignation: When a "Voluntary" Resignation Is Really Illegal Dismissal

Philippine Supreme Court clarifies when a resignation is forced and amounts to illegal dismissal, protecting employees from undue influence.

Procuring Cause: When Real Estate Brokers Earn Their Commission

Learn when a real estate broker earns a commission under Philippine law, explained through the Supreme Court's ruling in Ticong v. Malim.

Non-Payment of Premium and Insurance Coverage Validity: The Gaisano Case

When is an insurance policy valid? The Supreme Court clarifies that non-payment of premium before loss means no coverage.

Project Employment vs Regular Employment: What Philippine Law Says

Philippine Supreme Court clarifies when construction workers are project employees and not regular employees, and what this means for termination rights.

Chain of Custody Breaks Lead to Acquittal in Drug Case: People v. Ismael

Supreme Court acquits drug suspect where police failed to mark seized shabu immediately and observe Section 21 safeguards.

Third-Party Claims in Property Execution: PSALM v. Maunlad Homes Explained

Learn how Philippine law protects third-party property owners from wrongful levy during judgment execution, based on PSALM v. Maunlad Homes.

Execution Pending Appeal: Balancing Justice and Judicial Discretion in Philippine Courts

The Supreme Court clarifies the limits of execution pending appeal and the requirements for claiming injunction bonds in Abenion v. Pilipinas Shell.

Retirement Benefits Premium Contributions Determine Creditable Service For Government Employees

GSIS v. Pauig: only service periods with paid GSIS premiums count for retirement benefits; casual and temporary service may be excluded.

Maintaining the Status Quo: Upholding Preliminary Injunctions in Property Disputes

Learn when courts uphold preliminary injunctions in property disputes and why challenging final judgments through annulment of court processes fails.

Accretion vs. Reclamation: Philippine Supreme Court Rules on Artificial Land Claims

Philippine Supreme Court clarifies that artificially filled land is not accretion under Article 457, settling ownership disputes over man-made extensions.

Moral Ascendancy in Rape Cases: When Power Substitutes for Force Under Philippine Law

How the Supreme Court ruled that moral ascendancy can substitute for physical threat or intimidation in rape cases, protecting vulnerable victims.

Corporal Punishment vs Child Abuse: Where Philippine Law Draws the Line

The Supreme Court clarifies when disciplining a child crosses into child abuse under RA 7610, using a whipping case as the benchmark.