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 913936 of 1,449 articles for penalty

Judicial Efficiency: Timely Resolution of Cases as a Judge's Duty

The Supreme Court reminds judges that heavy caseloads do not excuse delay in deciding cases, imposing fines for gross inefficiency.

When Does Prescription of Penalties Begin? The Doctrine of Evasion of Sentence

Philippine Supreme Court clarifies that prescription of penalties under Article 93 RPC only runs when a convict escapes while serving imprisonment.

Prescription of Penalties: Imprisonment Must Begin Before Evasion Can Trigger Prescriptive Period

Philippine Supreme Court clarifies that prescription of penalties under Article 93 RPC only runs when a convict escapes during actual imprisonment, not while at large.

B.P. 22 Liability: Severing Accommodation Deals Does Not Erase Knowledge of Insufficient Funds

Signing blank checks for an accommodation arrangement can create B.P. 22 liability even after severing ties. Learn the rules from Benjamin Lee v. CA.

Extortion in the Judiciary: Dismissal for Grave Misconduct and Betrayal of Public Trust

Court personnel who collect money from litigants face dismissal for grave misconduct, even if they claim it was for safekeeping.

Court Personnel Must Answer Written Inquiries Promptly: A Lesson from A.M. No. P-04-1912

Court employees must respond in writing to public inquiries within 15 working days. Verbal replies are not enough.

Implied Admission: The Decisive Impact of Uncontested Requests in Philippine Courts

How a sheriff's failure to file a comment led to a finding of dishonesty and dismissal from service.

Credit Card Suspension and Moral Damages: When Breach of Contract Lacks Bad Faith

Philippine Supreme Court ruling on when credit card suspension without notice does not entitle cardholder to moral damages absent bad faith.

Reasonable Doubt Prevails: Acquittal in Attempted Murder Based on Insufficient Circumstantial Evidence

The Supreme Court acquits a school principal of attempted murder, ruling that hearsay and unverified confessions cannot support a conviction based on circumstantial evidence.

Usury Law and Loan Obligations: Balancing Lender Rights and Borrower Protection

Philippine Supreme Court ruling on 21% interest validity, 3% monthly surcharge nullity, and borrower obligations under the Usury Law.

Habeas Corpus and DNA Evidence: Limits of Post-Conviction Remedies in Paternity-Based Rape Cases

The Supreme Court explains when DNA evidence can—and cannot—challenge a final rape conviction through habeas corpus or new trial.

Moral Turpitude and Lawyer Disbarment: Issuing a Bouncing Check

A lawyer's conviction for issuing a bouncing check under BP 22 involves moral turpitude and warrants disbarment, the Supreme Court ruled.

Clerks of Court as Notaries: Limits on Ex Officio Notarial Powers

Clerks of court are ex officio notaries, but their notarial powers extend only to official duties—not private documents.

Attorney Suspended for Neglect of Duty and Misrepresentation to Client

A lawyer who failed to file a petition for review and misled his client about the case's status was suspended for four months and ordered to refund P5,000.

The Limits of Judicial Relief: Why a Court Can't Grant What You Didn't Ask For

Philippine Supreme Court ruling on administrative liability of judges who fail to decide cases within the 90-day reglementary period.

Neglect of Duty Requires Substantial Evidence: Protecting Public Servants From Unsubstantiated Claims

The Supreme Court clarifies that administrative liability for neglect of duty demands substantial evidence, not mere allegations or speculation.

When Judges Overstep: The Cash Bond Rule and Simple Misconduct

A judge who personally received a cash bail bond violated Rule 114, but the Court ruled it was simple, not gross, misconduct.

Strikes and Due Process: Balancing Labor Rights and Employer Prerogatives in the Philippines

Explore how Philippine labor law balances workers' right to strike against employer prerogatives, with due process at the core.

Prejudicial Question Resolving Conflicts Between Civil AND Criminal Actions IN Philippine Courts

When civil and criminal cases collide, Philippine courts apply the prejudicial question doctrine. Learn how this affects tenant-landlord disputes.

Minority as Privileged Mitigating Circumstance in Murder Cases

The Supreme Court clarifies that minority is a privileged mitigating circumstance under Article 68, reducing the penalty for murder by one degree.

Judicial Responsibility: Timely Decisions and Accountability for Delays

Philippine Supreme Court ruling on judges' duty to decide cases promptly, and accountability for undue delay.

Fencing Conviction Reversed: Proving Knowledge of Stolen Goods in Philippine Law

Supreme Court acquits jeweler of fencing, stressing the need for competent proof of value and knowledge that goods were stolen.

Age and Relationship as Essential Proofs for Qualified Rape Conviction in the Philippines

The Supreme Court explains why minority and relationship must be both alleged and proven before the death penalty for qualified rape can be imposed.

Judge Dismissed and Suspended from Law Practice for Gross Immorality in Extramarital Affair Case

Supreme Court dismisses a judge for gross immorality over an extramarital affair and child, imposing a three-year suspension from law practice.