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.
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Rape AND Incest Establishing Guilt Beyond Medical Findings
Attempted Rape, Lack of Penetration, and the Significance of the Victim's Resistance
The Supreme Court clarifies that full penetration is not required for rape, and a victim's resistance is not essential when intimidation is present.
Incestuous Rape Parental Authority VS Childs Right TO Protection
When a father rapes his child, parental authority yields to the child's right to protection. This article explains the legal principles and limits of parental power under Philippine law.
Conviction Upheld on Circumstantial Evidence Despite Accused's Escape in Rape-Homicide Case
Supreme Court affirms death penalty for rape-homicide based on circumstantial evidence, ruling escape waives right to appeal.
Rape Conviction Affirmed: Positive Identification Prevails Over Alibi in Forcible Abduction Case
Supreme Court affirms rape and forcible abduction conviction, ruling positive identification outweighs alibi and denial in criminal cases.
Rape Shield Laws Protecting Victims AND Ensuring Fair Trials IN THE Philippines
Philippine Supreme Court ruling on rape cases clarifies that exact dates need not be alleged, but victim's minority must be for death penalty.
Intimidation in Rape Cases: Upholding Victim Testimony and Protecting Children
The Supreme Court affirmed a rape conviction in a 2002 case, ruling that a child victim's testimony and the presence of intimidation can outweigh a bare denial and a sweetheart defense.
Uncertain Testimony in Rape Cases: Safeguarding Justice and Due Process
The Supreme Court clarifies that an imprecise date in a rape information does not void it, but failure to allege the victim's age bars the death penalty.
The Slightest Touch: Defining Rape and Protecting Children in the Philippines
The Supreme Court clarifies "slightest penetration" in rape cases, distinguishing consummated rape from attempted rape in People v. Quarre.
Rape and Resistance: Why Full Penetration and Hymen Rupture Are Not Required in Philippine Law
Philippine Supreme Court clarifies that rape is consummated by mere penile entry into the labia, not full penetration or hymen rupture.
Statutory Rape Consent Irrelevant When Victim IS Underage
Rape and the Perversion of Trust: How Relationship and Minority Affect Sentencing
A Supreme Court ruling explains how a stepfather's rape of minors is penalized, and why precise allegations matter.
The Perils of Alibi: Why Positive Identification Alone Cannot Guarantee Conviction
Explore how the Supreme Court acquitted a rape accused despite positive identification, emphasizing that the prosecution must prove force and intimidation beyond reasonable doubt.
Beyond Rape: When Lewd Acts Constitute Acts of Lasciviousness
The Supreme Court explains when lewd acts short of rape constitute acts of lasciviousness, and the penalties involved.
Moral Ascendancy as Substitute for Force in Incestuous Rape Cases: People v. Marcellana
In incestuous rape, a father's moral ascendancy over his child substitutes for force or intimidation, the Supreme Court ruled in People v. Marcellana.
Reasonable Doubt Acquittal in Statutory Rape Case Due to Inconsistent Testimony
Supreme Court acquits father in statutory rape case, ruling that inconsistent testimony and intact hymen created reasonable doubt.
Proving Rape in the Philippines: Why a Victim's Testimony Can Convict Without Physical Evidence
Philippine Supreme Court ruling on rape conviction based on credible victim testimony, explaining when physical evidence is not required for conviction.
Police Officer Convicted of Rape Under Custody: Public Trust and the Death Penalty
The Supreme Court affirms the death penalty for a police officer who raped a 16-year-old detainee in his custody, underscoring abuse of authority.
Rape and Delayed Reporting: Credibility in Familial Abuse Cases
A stepfather's 32 rape convictions upheld despite delayed reporting; the Court explains why delay is not fatal to credibility in familial abuse.
Parental Authority vs Incestuous Abuse: Why a Guilty Plea Did Not Ensure the Death Penalty
The Supreme Court affirms a father's rape conviction but reduces the death penalty to reclusion perpetua because the Information failed to state the victim's exact age.
Protecting Children: The Weight of Testimony in Statutory Rape Cases in the Philippines
How a child victim's credible testimony can convict in statutory rape cases, and why forensic exams must be child-sensitive.
Rape Conviction Upheld THE Impact OF Corroborated Testimony AND Victim Credibility IN Philippine LAW
Rape vs Theft: Distinguishing Intent in Special Complex Crimes Under Philippine Law
When does robbery with rape apply? The Supreme Court clarifies that intent to take property must precede the rape, not follow it.
Incestuous Rape: Credibility and Delayed Reporting in Family Abuse Cases
A father's conviction for raping his daughter shows how courts weigh credibility, delayed reporting, and threats in incest cases.