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 171 articles for overt act

Proving Employee Abandonment: Key Lessons from a Philippine Supreme Court Ruling

Philippine Supreme Court clarifies what employers must prove to establish employee abandonment—and why mere absence is not enough.

Abandonment of Work: Proving Intent to Sever Employment in Philippine Labor Law

Explaining when absence becomes abandonment under Philippine law, using the Supreme Court's ruling in Aliten v. U-Need Lumber.

Attempted vs. Consummated Rape in the Philippines: The Penetration Rule in People v. Miranda

Philippine law once required penile penetration for consummated rape. People v. Miranda shows why digital penetration meant attempted rape—and a lesser penalty.

Intent to Kill: How Philippine Courts Determine Attempted and Frustrated Homicide

Learn how Philippine courts distinguish attempted from frustrated homicide through intent to kill, based on a 2006 Supreme Court ruling.

Overt Acts and Intent: Understanding Attempted Rape Convictions in the Philippines

The Supreme Court explains when acts amount to attempted rape and when they only constitute light coercion.

Protecting Children: Defining Lascivious Conduct and Child Abuse Under Philippine Law

The Supreme Court clarifies what constitutes lascivious conduct and child abuse under RA 7610, protecting minors from sexual exploitation.

Conspiracy and Overt Acts in Bouncing Check Cases: Ladonga v. People

When can a non-signatory spouse be liable for bouncing checks? The Supreme Court clarifies conspiracy rules under B.P. 22.

Attempted Rape vs Acts of Lasciviousness: How Intent Shapes Philippine Law

The Supreme Court explains the key difference between attempted rape and acts of lasciviousness—the intent to lie with the victim.

Consent in Rape Cases: Force, Intimidation, and Credibility Under Scrutiny

The Supreme Court acquits a rape accused, explaining when lack of resistance signals consent and how courts test force and intimidation.

Balancing Speed and Justice: The Constitutional Right to a Speedy Disposition of Cases

Understand the right to speedy disposition of cases, the balancing test for delay, and what Bernat v. Sandiganbayan means for litigants.

Reckless Imprudence vs Murder: Distinguishing Intent From Negligence in Vehicular Homicide

When a jeepney driver hits a pedestrian, is it murder or reckless imprudence? The Supreme Court clarifies the crucial distinction.

Circumstantial Evidence and Reckless Imprudence: When a Vehicular Homicide Is Not Murder

The Supreme Court explains when a fatal jeepney accident is reckless imprudence, not murder, and how circumstantial evidence is weighed.

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.

Homicide and Reckless Imprudence: Understanding Included Offenses in Philippine Law

The Supreme Court clarifies when reckless imprudence is a lesser included offense of homicide, and the limits of self-defense claims.

Eyewitness Testimony vs. Alibi in Philippine Criminal Law: People v. Buenavidez

The Supreme Court explains when eyewitness testimony prevails over alibi, and how treachery is proven in murder cases.

Treachery vs. Evident Premeditation: Distinguishing Murder and Rape in Philippine Law

Learn how the Supreme Court distinguished treachery from evident premeditation in murder, and why charging documents matter in rape cases.

Reassessing Criminal Liability From Murder TO Homicide Based ON Absence OF Evident Premeditation

The Supreme Court clarifies when a killing is homicide, not murder, absent proof of evident premeditation, and explains conspiracy liability.

Unlawful Arrests and Illegal Drug Evidence: Safeguarding Constitutional Rights

When police act on tips without warrants, arrests and drug evidence may be invalid. Learn from a Supreme Court ruling.

Plunder and Conspiracy: Defining "Combination or Series" in Amassing Ill-Gotten Wealth

The Supreme Court clarifies what constitutes a "combination or series" of acts in plunder cases, and the scope of conspiracy among co-accused.

Affidavits of Desistance: When Do They Overturn a Guilty Verdict?

When can an affidavit of desistance overturn a guilty verdict? The Supreme Court explains in Santos v. People.

Proof Beyond Reasonable Doubt of Conspiracy in Philippine Criminal Law

Philippine Supreme Court clarifies that conspiracy must be proven beyond reasonable doubt, not inferred from mere presence or flight.

When Sexual Assault Is Acts of Lasciviousness, Not Attempted Rape: Perez v. People

The Supreme Court clarifies the line between attempted rape and acts of lasciviousness in a case with no eyewitnesses.

Acts of Lasciviousness vs Attempted Rape: The Penetration Requirement

When do sexual acts become attempted rape rather than acts of lasciviousness? The Supreme Court clarifies the crucial role of penetration.

Agrarian Reform Protecting Farmers Rights Against Illegal Land Transfers

Learn how the Supreme Court protects farmer-beneficiaries from illegal land transfers under PD 27, including rules on abandonment and reallocation.