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 1,023 articles for penalty

Dying Declarations vs Res Gestae: Hearsay Exceptions in Philippine Murder Cases

The Supreme Court clarifies when a victim's dying words are admissible—as a dying declaration or as res gestae—in a murder conviction.

Dead Incorporator in Articles of Incorporation: When Misrepresentation Is Not Fraud

The Supreme Court clarifies when a deceased incorporator in the Articles of Incorporation warrants revocation, and when amendment suffices.

Attorney Conflicts of Interest: When Dual Representation Violates Client Loyalty

Philippine Supreme Court clarifies when a lawyer's dual representation becomes a prohibited conflict of interest under Rule 15.03 of the CPR.

When a Lawyer's Dual Clients Create a Conflict of Interest: Lessons from Marcelo-Salud v. Bolivar

A lawyer who represents tenants while also serving as counsel to the alleged property owner may face discipline for conflicting interests, even if the main complaint fails.

Circumstantial Evidence and Dying Declarations in Rape-Homicide Convictions

How the Supreme Court upheld a rape-homicide conviction using circumstantial evidence and the victim's dying declaration.

Moral Turpitude and Public Service: Examining the Boundaries of Mitigation in Administrative Penalties

The Supreme Court clarifies when mitigating circumstances can—and cannot—reduce the penalty of dismissal for conviction of a crime involving moral turpitude.

Judicial Integrity Under Scrutiny: Disciplining Misconduct and Upholding Ethical Standards in the Judiciary

Court personnel face dismissal for gross misconduct, insubordination, and conduct tainting the judiciary's reputation under amended Rule 140.

Protecting Minors: Upholding Conviction in Child Rape Cases Despite Minor Inconsistencies

The Supreme Court affirms a child rape conviction, ruling that minor inconsistencies in a minor victim's testimony do not undermine credibility.

Due Process in Administrative Cases: No Liability Without Formal Charges

Supreme Court rules a government employee cannot be held administratively liable without a formal charge, reaffirming due process in civil service cases.

Duplicitous Informations and Child Abuse: Understanding Convictions for Multiple Offenses in the Philippines

The Supreme Court clarifies how duplicitous informations can lead to convictions for multiple offenses, and when child abuse charges apply instead of rape.

Revocation of Teacher’s License, Exhaustion of Administrative Remedies, and Due Process

The Supreme Court clarifies due process in administrative cases and the distinction between dishonesty and simple negligence in license revocation proceedings.

Treachery in Murder Cases: Why a Heated Argument Can Downgrade the Crime to Homicide

The Supreme Court explains when a killing after a heated argument lacks treachery, reducing murder to homicide under Philippine law.

Lawyer Disbarred for Misconduct in Property Transactions: Lessons from BASECO Case

Supreme Court disbars lawyer for failing to account for client funds and neglecting property titling work, highlighting ethical duties in Philippine property law practice.

Reckless Imprudence Penalties for Damage to Property and Physical Injuries

Explaining how Philippine courts penalize reckless imprudence resulting in damage to property and physical injuries, based on a 2022 Supreme Court ruling.

Understanding Intent to Kill: The Fine Line Between Attempted Murder and Serious Physical Injuries

The Supreme Court clarifies when a violent attack is attempted murder or only serious physical injuries, focusing on intent to kill and spontaneous desistance.

Boundary Disputes in the Philippines: Resolving Territorial Conflicts Between LGUs

The Supreme Court settles the Makati-Taguig territorial dispute, explaining how boundary conflicts between local governments are resolved.

Self-Defense Claim Fails Standards for Justifiable Homicide in the Philippines

The Supreme Court explains when self-defense fails, using a police officer's murder conviction to illustrate the strict legal requirements.

Self-Defense and Treachery in Philippine Law: Proving Unlawful Aggression for Justification

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

Self-Defense or Murder: Proving Unlawful Aggression in Philippine Criminal Law

The Supreme Court explains when self-defense fails in Philippine criminal law, using a 2021 murder case to illustrate the burden of proving unlawful aggression.

Treachery in Robbery with Homicide: The Supreme Court’s Ruling in People v. Juada

The Supreme Court clarifies when treachery aggravates robbery with homicide and affirms conviction based on circumstantial evidence in People v. Juada.

Deception and Exploitation: Defining Human Trafficking in the Philippines

The Supreme Court affirms a trafficking conviction, clarifying how fraud, deception, and vulnerability define the crime under RA 9208.

Supreme Court: Online Posts Can Prove Psychological Abuse Under RA 9262

Social media posts can establish psychological abuse under RA 9262, and using Facebook raises the penalty under the Cybercrime Prevention Act.

Online Psychological Abuse Under RA 9262: When Facebook Posts Become Crimes

The Supreme Court clarifies when social media posts constitute psychological abuse under RA 9262 and how the Cybercrime Prevention Act raises the penalty.

Understanding Preventive Suspension in Philippine Administrative Law: Rights and Remedies

Learn the rules on preventive suspension in Philippine administrative law, including grounds, duration, and the rights of public officers facing investigation.