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 268 articles for penalties

Attempted vs. Frustrated Homicide: The Gemenez Ruling on Proving Fatal Injuries

The Supreme Court clarifies when a shooting is attempted, not frustrated, homicide—key lessons on proving fatal injuries.

Judicial Decorum in Philippine Courts: Lessons from Judge Dajao's Vulgar Conduct Case

The Supreme Court fined a judge for vulgar language and self-promotion, reaffirming strict standards of judicial decorum under Philippine law.

Direct Assault vs. Resistance to Authority: The Mallari Case Explained

The Supreme Court in Mallari v. People clarifies when force against a police officer is direct assault or merely resistance to authority.

Understanding Jurisdiction in Injunction Cases: A Guide for Property Owners and Legal Practitioners

Learn how the Supreme Court resolved a tax dispute between two LGUs, and what it means for property owners facing competing tax claims.

Malicious Mischief in Property Disputes: What the Supreme Court Said

The Supreme Court clarifies when destroying property in a dispute becomes malicious mischief, and why claims of ownership do not justify taking the law into one's own hands.

Treachery in Philippine Criminal Law: When a Sudden Attack Is Not Murder

The Supreme Court clarifies that treachery cannot be presumed from suddenness alone, reducing a murder conviction to homicide in People v. Bulutano.

Conspiracy and Probable Cause: When Presence Alone Does Not Imply Guilt in Fraud Cases

Mere presence at a meeting does not prove conspiracy in estafa cases. The Supreme Court explains what evidence is needed.

When a Motorcycle Ride Makes a Killing Murder: People v. Padal Explained

A Supreme Court ruling shows how using a motorcycle to chase a victim can elevate a killing from homicide to murder under Philippine law.

Recruiting Minors for Criminal Activities Is Trafficking Under Philippine Law

The Supreme Court rules that recruiting minors to commit robberies constitutes qualified trafficking in persons under the Anti-Trafficking in Persons Act.

Nepotism in Government: Designation of Relatives Is a Prohibited Appointment

The Supreme Court ruled that designating a relative to government duties—even unpaid or off-plantilla—violates the ban on nepotism.

Forcible Abduction and Rape in the Philippines: Insights from People v. Villanueva

Learn how the Supreme Court treats forcible abduction with rape, victim credibility, and penalties under Philippine law.

Supreme Court Fines Judge for Indefinite TRO and Delay in Resolving Case

SC penalizes judge for issuing an indefinite TRO and for undue delay, clarifying rules on multiple administrative offenses.

Certiorari as Remedy Challenging Ombudsman Decisions in Administrative Cases

When can you file certiorari against an Ombudsman ruling? The Supreme Court clarifies the proper remedy for complainants when the Ombudsman absolves a respondent.

Calendar Days vs. Working Days: How Suspensions Are Counted for Philippine Government Employees

The Supreme Court clarifies that suspensions for government employees are served in calendar days, including weekends and holidays, not working days.

The High Cost of Homicide: Establishing Liability in Robbery With Homicide Cases

A look at how Philippine courts convict in robbery with homicide, from proving intent to the price of damages.

Estafa Under Trust Receipt Agreements: The Osental Case and PD 115

Failure to comply with a trust receipt agreement can lead to estafa charges. Learn the rules from the Osental case.

Reasonable Doubt and the Chain of Custody Rule in Philippine Drug Cases

A look at how the Supreme Court acquitted a drug suspect due to police lapses in the chain of custody, reinforcing the protection of individual rights.

Best Evidence Rule in Disbarment Cases: Goopio v. Maglalang Explained

The Supreme Court clarifies that photocopies cannot prove lawyer misconduct, dismissing a disbarment case for violating the Best Evidence Rule.

Notarization Rules: When a Notary Public Violates the 2004 Rules on Notarial Practice

The Supreme Court defines the strict personal appearance requirement for notarization and the penalties for violating notarial rules.

Custodial Investigation and Confessions in Qualified Theft: People v. Cabanada

When does a police interview become custodial investigation? People v. Cabanada clarifies Miranda rights and confession admissibility in theft cases.

Corporate Dissolution Directors As Trustees and Guarantor Liability After Corporate Revocation

Explains Reyes v. Bancom: corporate revocation doesn't abate suits, directors act as trustees, and guarantors remain liable.

Perpetual Disqualification and Material Misrepresentation in Election Candidacy

The Supreme Court ruled that filing a Certificate of Candidacy while under perpetual disqualification is material misrepresentation, voiding the CoC and making votes stray.

Forum Shopping in the Philippines: What the Zamora Case Teaches Litigants

Learn how the Supreme Court defines and penalizes forum shopping, and what the Zamora ruling means for litigants filing multiple cases.

Totality of Infractions: Delineating Just Cause for Termination in Philippine Labor Law

The Supreme Court clarifies when past offenses may justify dismissal under the totality of infractions principle, balancing employer prerogative and employee rights.