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 97120 of 132 articles for article 26

Eyewitness Credibility and Collective Liability in Criminal Conspiracy: Establishing Individual Guilt

Learn how Philippine courts assess eyewitness credibility and collective liability in criminal conspiracy cases, and what this means for individual guilt.

Parental Authority vs Incest: Upholding Conviction in Qualified Rape Cases

Supreme Court affirms qualified rape conviction of father, ruling that a father's moral ascendancy substitutes for force and resistance in incestuous rape.

Rape Conviction Affirmed: Victim Testimony and Deadly Weapon in Rape Cases

Supreme Court affirms rape convictions, ruling credible victim testimony suffices and a proven knife threat justifies exemplary damages.

Marital Cohabitation and Consensual Acts: Rape and Acts of Lasciviousness in Philippine Law

The Supreme Court clarifies when cohabitation does not imply consent, and how rape and acts of lasciviousness are distinguished in Philippine criminal law.

Redundancy, Retrenchment, and Strikes: Lessons from the Hyatt Regency Manila Case

The Supreme Court balances valid downsizing against illegal strikes, explaining redundancy, retrenchment, and quitclaims in the hotel industry.

Rape Conviction Upheld on Credible Victim Testimony; Death Penalty Reduced

Supreme Court affirms rape conviction based on credible victim testimony and medical evidence, but reduces death penalty to reclusion perpetua.

Illegal Strikes and Unfair Labor Practices: When Employee Remedies Survive

Philippine Supreme Court clarifies when employees who joined an illegal strike may still claim backwages and separation pay for unfair labor practices.

Acts of Lasciviousness vs Rape: When Touching Is Not Insertion in Sexual Assault Cases

The Supreme Court clarifies when digital touching amounts to acts of lasciviousness rather than rape by sexual assault.

The Critical Element of Penile Penetration in Statutory Rape Convictions in the Philippines

The Supreme Court clarifies that in statutory rape, each count requires proof of penile penetration, even when the victim is below 12.

Finality Prevails Withdrawing Appeal Bars Subsequent Modification of Judgment

Withdrawing an appeal makes a judgment final and executory. The Supreme Court explains why courts cannot later modify it.

Credibility of Witnesses and Inconsistencies Between Affidavits and Court Testimony in Rape Cases

Philippine Supreme Court ruling on witness credibility, affidavit-testimony inconsistencies, and penalties for rape by sexual intercourse and sexual assault.

Rape Conviction Upheld: Consent, Intimidation, and Victim Credibility in Philippine Law

The Supreme Court affirms a rape conviction, explaining how intimidation, victim credibility, and medical evidence establish guilt beyond reasonable doubt.

Illegal Strikes and Return-to-Work Orders: What Philippine Labor Law Requires

When can a strike be declared illegal in the Philippines? The Supreme Court explains the binding effect of assumption and return-to-work orders.

Preliminary Investigation Rights and the Definition of Rape: Key Lessons from De Castro

Learn when the right to preliminary investigation is waived and why finger insertion constitutes rape through sexual assault under Philippine law.

Welga ng Bayan and Illegal Work Stoppage: What Philippine Employees Should Know

Joining a welga ng bayan without notice can be an illegal work stoppage. Learn the rules from the Biflex case.

Stepfather Convicted of Qualified Rape: Lessons from People v. Arsayo

A stepfather's rape of his 13-year-old stepdaughter yields a qualified rape conviction, reclusion perpetua, and key lessons on evidence and penalties.

Enforcing Time Limits: Carrier Liability Hinges on Timely Notice of Cargo Damage

Timely written notice of cargo damage is a condition precedent to suing a carrier. The Supreme Court explains why in Federal Express v. American Home Assurance.

Rape and Mental Disability: Understanding the Limits of the Death Penalty in Philippine Law

A father's rape conviction was reduced from death to reclusion perpetua because the prosecution failed to prove his knowledge of the victim's mental disability.

Reasonable Doubt Safeguarding Liberty in Kidnapping Cases

A look at People v. Obeso, where the Supreme Court acquitted a man of kidnapping, stressing that conviction requires proof beyond reasonable doubt.

Incestuous Rape: Consummation vs Attempt and Proving Carnal Knowledge Beyond Reasonable Doubt

The Supreme Court distinguishes consummated from attempted incestuous rape, stressing the prosecution's burden to prove carnal knowledge beyond reasonable doubt.

When Silence Doesnt Mean Innocence: The Complexities of Self-Defense in Philippine Law

The Supreme Court clarifies that silence or lack of resistance does not negate force in rape cases, affirming a father's conviction.

Rape and Consent: Understanding Force and Intimidation in Philippine Law

The Supreme Court clarifies how force and intimidation prove rape without consent, and when minority aggravates the crime.

Rape Conviction Affirmed: Victim Credibility and Delay in Reporting Explained

Philippine Supreme Court affirms rape conviction, explains why a child victim's testimony is credible despite delay in reporting and why alibi failed.

Judicial Overreach Limits On MCTC Judges Granting Bail After Jurisdiction Transfer

MCTC judge fined for granting bail after jurisdiction transferred to RTC. Learn the limits of bail authority.