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 121144 of 268 articles for penalties

PAGCOR Tax Landscape: Franchise Tax vs Income Tax Obligations Under Philippine Law

The Supreme Court clarifies PAGCOR's tax liabilities: 5% franchise tax on gaming income, income tax on related services, and FBT obligations.

Judicial Overreach: Enjoining Ombudsman Suspension Orders and the Limits of Declaratory Relief

A judge was fined for gross ignorance of the law after issuing injunctions against an Ombudsman suspension order, exceeding RTC jurisdiction.

State's Right to Recover Public Funds: Prescription Does Not Run Against the Government

Supreme Court rules the government's right to recover illegally disbursed public funds does not prescribe, but limits COA's power over tax collection.

Insanity Plea and Arson: When Killing Is Homicide, Not Murder, in Philippine Law

The Supreme Court explains the limits of the insanity defense, the proof needed for murder, and when arson is a separate crime.

Unexplained Wealth and SALN Dishonesty: When Assets in Children's Names Count

Explains when hidden assets in children's names count as SALN dishonesty and why grave misconduct requires a direct link to official duties.

Practicing Law While Suspended: No Automatic Return After Suspension Period

A lawyer suspended from practice cannot resume work until the Court formally lifts the suspension — even if the suspension period has already ended.

Upholding Notarial Integrity: Consequences for False Certifications in the Philippines

A Supreme Court ruling on a lawyer permanently barred from notarial commission for notarizing without the party's presence, and what it means for notaries.

Moral Ascendancy in Rape Cases: When Power Substitutes for Force Under Philippine Law

How the Supreme Court ruled that moral ascendancy can substitute for physical threat or intimidation in rape cases, protecting vulnerable victims.

Rape of Persons with Intellectual Disability: Consent and Criminal Liability in the Philippines

The Supreme Court clarifies that sexual intercourse with a person with intellectual disability constitutes rape, as they cannot give valid consent.

Illegal Slowdowns and Union Officer Dismissal: The Polyson Case

The Supreme Court clarifies when a work slowdown becomes an illegal strike and justifies dismissal of union officers under Philippine labor law.

Protecting Children Upholding Stiffer Penalties for Child Abuse Under R.A. 7610

The Supreme Court affirms a conviction for child abuse under R.A. 7610, clarifying that physical abuse of a child is penalized more heavily than ordinary physical injuries.

Treachery Defined: How Eyewitness Testimony Secures Murder Convictions in the Philippines

The Supreme Court explains how treachery qualifies killing as murder and why a consistent eyewitness account outweighs an alibi defense.

Corporate Records Access: Stockholder Rights and Officer Duties After Dissolution

Philippine Supreme Court clarifies that a stockholder's right to inspect corporate records survives corporate dissolution and continues during liquidation.

Navigating Factual Disputes: The Supreme Court's Stance on Appellate Review

The Supreme Court clarifies when appellate courts may review factual findings and correct arbitrary penalties in homicide convictions.

Workplace Boundaries: When Misconduct Crosses Into Sexual Harassment

A Supreme Court ruling clarifies when a supervisor's unwanted kiss is grave misconduct, not simple misconduct, in Philippine administrative law.

Grave Misconduct Requires Proof of Wrongful Intent, Not Just a Flawed Revaluation

When is a bad property valuation grave misconduct? The Supreme Court clarifies the evidence needed to hold public officers liable.

Murder with Direct Assault: Supreme Court Affirms Conviction in People v. Estonilo

The Supreme Court affirmed the conviction for Murder with Direct Assault in People v. Estonilo, highlighting the role of circumstantial evidence and the weakness of alibi.

Res Judicata in Corporate Rehabilitation: Final Judgments Bar Relitigation

Explore how the Supreme Court applied res judicata to bar relitigation of an approved corporate rehabilitation plan, ensuring finality.

Treble Costs Under Rule 65: When Courts May Penalize Frivolous Petitions

The Supreme Court clarifies that treble costs under Rule 65 are discretionary, requiring clear justification, not automatic penalties.

Malversation Through Falsification: Upholding Accountability in Philippine Public Office

A BIR agent's conviction for malversation through falsification shows how Philippine courts penalize public fund misappropriation and enforce restitution.

Continuing Suretyship in the Philippines: Liability for Future Debts Explained

Learn how the Supreme Court upheld a surety's liability for future debts under a Continuing Suretyship, and when courts may reduce attorney's fees.

False Designation of Origin: When "Made in Portugal" Labels Mislead Consumers

The Supreme Court's ruling in Uyco v. Lo clarifies when geographic labels on products constitute false designation of origin under Philippine trademark law.

Falsification of Official Documents: Upholding Integrity in Public Service

Supreme Court ruling on sheriff's DTR falsification underscores that public office is a public trust and dishonesty merits severe penalties.

Age Discrepancies in Statutory Rape: Reassessing Penalties Under Special Laws and the Revised Penal Code

Philippine Supreme Court clarifies when a child victim's age determines whether an offender is charged with statutory rape or sexual abuse under RA 7610.