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.
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Incestuous Rape: The Standard of Proof for Multiple Charges in the Philippines
A Supreme Court ruling clarifies that finger insertion and licking do not constitute rape under the old law, but may be acts of lasciviousness.
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.
Agency and Real Estate Sales: The Necessity of Written Authority
Philippine Supreme Court ruling on why an agent's authority to sell land must be in writing, or the sale is void.
Contractual Obligations Prevail: Bank's Right to Offset Debts Despite Trustee-Beneficiary Claims
Supreme Court ruling on when a bank may validly apply a borrower's funds to settle debts, even amid trustee-beneficiary claims.
Regular vs Seasonal Employment: Security of Tenure in Sugarcane Farming
Supreme Court clarifies when seasonal sugarcane workers become regular employees entitled to security of tenure and protection from illegal dismissal.
The Particularity Requirement Balancing Privacy and Law Enforcement in Search Warrants
Supreme Court acquits in credit card fraud case, ruling that items not listed in a search warrant and not in plain view cannot be seized or used as evidence.
Conspiracy Unmasked When Silence Implies Guilt IN Murder AND Kidnapping Cases
The Supreme Court explains how circumstantial evidence and silence can establish conspiracy in murder and kidnapping cases.
Rape Conviction Intact Hymen AND THE Nuances OF Attempted VS Consummated Rape Under Philippine LAW
Philippine Supreme Court clarifies that an intact hymen does not negate consummated rape, and distinguishes attempted from consummated rape.
Judicial Accountability: The Duty to Decide Cases Promptly and the Price of Gross Inefficiency
The Supreme Court fined a retired judge P50,000 for gross inefficiency after he failed to decide 49 cases within the reglementary period.
Judicial Efficiency: Resolving Motions Within Prescribed Deadlines
The Supreme Court reminds judges that delaying motions beyond 90 days is gross inefficiency, as shown in Visbal vs. Buban.
Breach of Trust in Employment: When Loss of Confidence Justifies Termination
Explaining when Philippine employers may validly dismiss employees for breach of trust, based on a Supreme Court ruling on cashiers and tellers.
Union Registration Validity and Challenges in Philippine Labor Context
Philippine Supreme Court clarifies that a registered union's legal personality cannot be collaterally attacked in certification election cases.
Rape Conviction Affirmed: Why Victim Credibility and Corroborating Evidence Matter
Supreme Court affirms rape conviction, highlighting victim credibility, corroborating medical evidence, and mandatory civil indemnity in sexual assault cases.
Court Employee Reprimanded for Willful Failure to Pay Just Debts
The Supreme Court holds a judiciary employee liable for willful failure to pay debts, stressing that court personnel must uphold integrity in both public and private conduct.
Judicial Accountability: Gross Ignorance of Law in Issuing Erroneous Orders
When do a judge's errors become sanctionable? The Supreme Court explains in this administrative case involving a writ of seizure and a warrant of arrest.
Breach of Trust: Revisiting Intrafamilial Rape and the Limits of Legal Proof
The Supreme Court affirms a rape conviction despite an intact hymen, but reduces the death penalty to reclusion perpetua for a defective information.
Barangay Election Substitution After Candidate's Death: The People's Mandate Prevails
Supreme Court allows substitution of deceased barangay election candidates, honoring voter will over technical rules.
When an Affidavit of Desistance Fails: Upholding Witness Testimony in Criminal Cases
The Supreme Court explains why a belated affidavit of desistance cannot overturn a conviction based on credible witness testimony.
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.
Judicial Accountability: Delay in Rendering Decisions Constitutes Gross Inefficiency
Supreme Court holds judges accountable for delayed decisions, ruling that failure to decide cases within 90 days is gross inefficiency.
Attempted Rape Conviction Upheld Despite Retraction and Blotter Gaps
Supreme Court affirms attempted rape conviction, explaining why recantations and police blotter entries carry little weight in Philippine criminal cases.
Plain View Doctrine and Warrantless Searches in Drug Possession Cases
When can police search a vehicle without a warrant? The Supreme Court explains the plain view doctrine and moving vehicle exception in drug cases.
Why Judges Must Decide Cases on Time: The Arbis Administrative Case
The Supreme Court fined a retired judge for delayed decisions, underscoring the constitutional duty to resolve cases promptly.
Retroactive Regular Employment: When Prior Service Counts Toward Benefits
Philippine Supreme Court ruling on when prior contractual service counts toward regular employment and CBA benefits under labor law.