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 97119 of 119 articles for temperate damages

Forged Documents and Ethical Boundaries: Attorney Accountability in Court Submissions

Supreme Court ruling on bank liability, damages, and the ethical duty of lawyers to verify documents before court submission.

The Insanity Defense: Establishing the Boundaries of Criminal Responsibility in the Philippines

Philippine Supreme Court clarifies self-defense and treachery rules in a murder appeal, reducing conviction to homicide with precise legal standards.

Unlawful Aggression and Self-Defense: When a Threat Justifies Homicide

Philippine Supreme Court clarifies that a mere threatening act, like drawing a bolo, does not constitute unlawful aggression justifying self-defense in homicide cases.

From Murder to Homicide: Understanding the Absence of Treachery in Philippine Law

When treachery is not proven, a killing is homicide, not murder. Learn the rules from a Supreme Court case.

When Self Defense Claims Fall Short: The Burden of Proof in Homicide Cases

The Supreme Court clarifies that conspiracy in robbery with homicide requires proof beyond reasonable doubt, but concerted acts establish liability.

Res Gestae Exception: Admissibility of Spontaneous Statements in Philippine Homicide Cases

Learn how the Supreme Court applied the res gestae exception to admit a victim's spontaneous statement identifying his assailant in a homicide case.

Eyewitness Testimony and Treachery: Proving Murder Beyond Reasonable Doubt

How positive eyewitness identification and treachery established murder beyond reasonable doubt in People v. Bagsit, and what this means for criminal cases.

Patent Infringement and the Doctrine of Equivalents: Beyond Literal Claim Language

Philippine Supreme Court explains when the doctrine of equivalents applies in patent infringement cases, using Smith Kline Beckman v. Tryco Pharma as guide.

Simple Arson vs Destructive Arson: Intent and Degree of Damage in Philippine Law

The Supreme Court clarifies the distinction between simple arson and destructive arson, focusing on intent, degree of damage, and the properties burned.

Murder Conviction Upheld: Treachery and Voluntary Surrender in People v. Arca

The Supreme Court clarifies treachery in murder cases and the mitigating effect of voluntary surrender in People v. Arca.

Positive Identification Prevails Over Alibi in Murder Conviction

The Supreme Court explains why eyewitness identification by face outweighs alibi and how treachery must be proven in murder cases.

Treachery Defined When A Coordinated Attack Removes The Chance Of Self Defense

The Supreme Court explains how holding a victim's wrists while another stabs constitutes treachery, qualifying killing to murder.

Self-Defense and Treachery: The Boundaries of Justifiable Force in Philippine Law

A Supreme Court ruling clarifies when self-defense fails and treachery qualifies killing as murder under Philippine law.

Dying Declarations and Juvenile Offenders: Defining Justice in Rape with Homicide Cases

The Supreme Court affirms a rape-with-homicide conviction based on a dying declaration but spares a 15-year-old from death.

Dying Declarations in Rape-Homicide: Admissibility and the Minor Offender's Penalty

A rape-homicide conviction anchored on the victim's dying declaration, and why the minor accused escaped the death penalty.

Treachery in Criminal Law: Elements and Implications in Murder Cases

Learn how Philippine courts define treachery in murder cases, why proof must be clear, and when a killing becomes homicide instead.

The Sanity Presumption Determining Criminal Liability in the Philippines

Philippine law presumes every person sane. This case explains when insanity can exempt an accused from criminal liability.

Conspiracy and Abuse of Superior Strength in Murder: Lessons from People v. Sumibcay

The Supreme Court explains how treachery, not conspiracy or abuse of superior strength, qualified killing to murder in People v. Sumibcay.

Protecting Trademarks: Infringement and Damages for Similar Designs

Supreme Court clarifies trademark infringement rules, damages, and copyright cancellation for similar arcuate designs on jeans.

Positive Identification Over Alibi: When Witness Testimony Prevails in Murder Cases

The Supreme Court explains why positive identification by eyewitnesses outweighs alibi and denial in murder cases, affirming a conviction for treachery.

Circumstantial Evidence and Treachery in Murder Convictions Without Direct Witnesses

Philippine Supreme Court ruling on conviction for murder based on eyewitness identification, treachery, and the weakness of alibi defense.

Conspiracy in Philippine Criminal Law: When Words Lead to a Homicide Conviction

A Supreme Court ruling shows how conspiracy in Philippine law makes all robbers liable for homicide, even without pulling the trigger.

Self-Defense vs Murder: Proving Unlawful Aggression and Treachery in Philippine Homicide Cases

A Supreme Court ruling clarifies when self-defense fails, how treachery is proven, and why a murder conviction became homicide.