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 218 articles for criminal prosecution

When Religious Laws Prevail: Bigamy and Muslim Personal Laws in the Philippines

The Supreme Court explains how the Code of Muslim Personal Laws affects bigamy charges, protecting valid Islamic marriages and divorces.

Simulated Bidding and Falsification: Public Officials' Liability Under Philippine Law

Supreme Court ruling on public officials liable for falsified bidding documents and graft under R.A. 3019 in simulated procurement.

Acquittal in Rape Cases: Reasonable Doubt and Witness Credibility in Philippine Law

How inconsistent testimony and reasonable doubt led to an acquittal in People v. Bongat, a landmark Philippine rape case.

Probable Cause and Judicial Discretion: Safeguarding Rights in Criminal Arrests

The Supreme Court clarifies a judge's duty in determining probable cause for warrants of arrest and limits on enjoining criminal prosecutions.

Double Jeopardy and Demurrer to Evidence: When Prosecution Appeals Are Barred

The Supreme Court explains when the prosecution cannot appeal an acquittal and why certiorari, not appeal, is the proper remedy.

Selling Subdivision Lots Without A License Hlurb Authority AND Criminal Liability Under PD 957

Philippine Supreme Court clarifies that selling subdivision lots without an HLURB license is a crime, and a later license does not erase liability.

PD 957 Criminal Cases Belong to Regular Courts, Not HLURB

Supreme Court ruling clarifies that HLURB handles only civil and administrative cases; criminal violations of PD 957 go to regular courts.

Dishonored Checks and Unpaid Debts: Why a Civil Case Does Not Always Stop a Criminal Charge

A civil collection suit does not automatically suspend a criminal case for violation of B.P. Blg. 22. The Supreme Court explains when a prejudicial question exists.

Tax Evasion vs Deficiency: When Criminal Charges Can Proceed Without Prior Assessment

Philippine Supreme Court clarifies when the BIR can file criminal tax evasion charges without a prior formal assessment, distinguishing deficiency assessments from criminal prosecution.

RTC Has Exclusive Jurisdiction Over Libel Cases, Even for Public Officers

The Supreme Court clarifies that Regional Trial Courts exclusively handle libel cases, regardless of whether the accused is a public officer.

Speedy Trial Rights: When Delay Is Not a Violation

The Supreme Court explains when delays in criminal prosecution do not violate the right to speedy trial, and the limits of double jeopardy.

Falsification of Public Documents and Suspension Pendente Lite Under Anti-Graft Law

Explains when public officers may be suspended pendente lite for falsification of public documents involving fraud upon government funds.

Confession as Evidence Overcoming Hearsay in Robbery With Homicide and Carnapping Convictions

Philippine Supreme Court ruling on when an accused's confession to a witness is admissible evidence, not hearsay, in robbery with homicide and carnapping cases.

Mandatory Drug Testing Under RA 9165: What the Supreme Court Upheld and Struck Down

The Supreme Court upheld random drug testing for students and employees but struck down mandatory tests for candidates and criminal suspects.

Investment or Loan? The Estafa Trap in Misrepresented Business Ventures

When a business deal fails, is it a breach of contract or estafa? The Supreme Court clarifies when false pretenses turn a failed investment into a criminal offense.

BP 22 Cases Not Suspended by Corporate Rehabilitation: Tiong Rosario v. Co

Corporate rehabilitation suspends claims against a company, but not criminal prosecution of officers for bouncing checks under BP 22.

Contempt of Court: Due Process and Just Penalties in Philippine Law

Philippine Supreme Court clarifies the proper procedure and penalties for indirect contempt, emphasizing due process rights.

Illegal Recruitment by Non-Licensees and the Promise of Overseas Jobs

The Supreme Court clarifies when a non-licensee can be liable for illegal recruitment in large scale under RA 8042.

Breach of Trust Establishing Estafa in Financial Misappropriation Cases

Explore when breach of trust constitutes estafa under Philippine law, and why agricultural leasehold tenants cannot be prosecuted for it.

Bouncing Checks and Iniquitous Interest: When a Civil Case Cannot Stop a Criminal Prosecution

Learn when a dispute over unconscionable interest rates can—and cannot—suspend criminal prosecutions for bouncing checks under BP 22.

Indirect Contempt and Forum Shopping: Safeguarding Judicial Processes in the Philippines

Philippine Supreme Court clarifies that dismissal of an administrative case does not bar criminal prosecution for the same acts, and warns against forum shopping and delaying tactics.

Administrative Absolution Does NOT BAR Criminal Prosecution Ensuring Accountability IN Public Office

Philippine Supreme Court ruling: dismissal of an administrative case does not bar criminal prosecution for the same acts against public officials.

When Courts Won't Second-Guess the Ombudsman's Dismissal of Graft Complaints

The Supreme Court affirms the Ombudsman's wide discretion in dismissing graft complaints, limiting judicial review to grave abuse of discretion.

Written Notice of Dishonor Is Essential in B.P. 22 Cases: Bax v. People

The Supreme Court clarifies that oral demands do not suffice—written notice of dishonor is required to convict under the Bouncing Checks Law.