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 145168 of 254 articles for corrupt practices

Good Faith Prevails When Public Officials ACT Without Malice IN Granting Benefits

Supreme Court ruling on good faith as a defense in graft cases under RA 3019, Section 3(e), for public officials relying on agency issuances.

Defining Public Officer When Private Sector Representatives Face Graft Charges

Supreme Court ruling on when private sector board members are public officers under the Anti-Graft Law and Sandiganbayan jurisdiction.

Prosecutors Discretion in the Philippines: When Courts Can Intervene

When can courts review a prosecutor's or the Ombudsman's decision? The Supreme Court explains the limits of judicial intervention.

Falsification of Public Documents and Suspension Pendente Lite Under Anti-Graft Law

Explains when public officers may be suspended pendente lite for falsification of public documents involving fraud upon government funds.

Breach of Preliminary Attachment: Officials Liable for Undue Injury Under RA 3019

Supreme Court rules local officials who released retention money despite a writ of preliminary attachment face criminal liability under RA 3019.

Delayed Retirement Benefits: Balancing Public Service and Official Discretion

A retired bookkeeper's unpaid terminal leave leads to graft charges against a mayor, but the Supreme Court dismisses the case on procedural grounds.

Dual Roles, Divided Loyalties: Graft Law and the Limits of Hypothetical Guilt

The Supreme Court clarifies when a public officer can be charged with graft for holding incompatible positions and collecting dual compensation.

Anonymous Complaints in Disciplinary Cases: Due Process and Ethical Conduct

The Supreme Court dismisses an anonymous complaint against Solicitor General Devanadera, balancing due process rights with ethical oversight of lawyers.

Reopening a Preliminary Investigation Does Not Prove Prosecutorial Partiality

Supreme Court clarifies that reopening a preliminary investigation is not proof of bias under the Anti-Graft law, absent evidence of bad faith.

Indirect Contempt and Forum Shopping: Safeguarding Judicial Processes in the Philippines

Philippine Supreme Court clarifies that dismissal of an administrative case does not bar criminal prosecution for the same acts, and warns against forum shopping and delaying tactics.

Administrative Absolution Does NOT BAR Criminal Prosecution Ensuring Accountability IN Public Office

Philippine Supreme Court ruling: dismissal of an administrative case does not bar criminal prosecution for the same acts against public officials.

Upholding Court Authority: Contempt for Baseless Administrative Complaints

Filing baseless administrative complaints against judges and court personnel can result in indirect contempt. Learn the rules and consequences.

Balancing Privacy, Bank Inquiry Orders, and Due Process in Anti-Money Laundering Cases

The Supreme Court rules that AMLA bank inquiry orders cannot be issued ex parte, protecting depositors' right to due process.

When Courts Won't Second-Guess the Ombudsman's Dismissal of Graft Complaints

The Supreme Court affirms the Ombudsman's wide discretion in dismissing graft complaints, limiting judicial review to grave abuse of discretion.

Demurrer to Evidence: Insufficient Proof in Customs and Anti-Graft Cases Leads to Dismissal

When prosecution evidence fails to establish a prima facie case, a demurrer to evidence may lead to dismissal. The Supreme Court explains.

Behest Loans and Prescription: When Does the Clock Start Ticking

The Supreme Court clarifies when the prescriptive period for behest loan cases begins, ruling it starts upon discovery, not execution.

Behest Loans and the Statute of Limitations: When Does the Clock Start Ticking

The Supreme Court clarifies when the prescriptive period for behest loan offenses begins, and what evidence is needed to prove them.

Behest Loans and Prescription: Timelines for Prosecuting Corrupt Practices in the Philippines

The Supreme Court clarifies when prescription begins for behest loan cases under RA 3019, and when courts defer to the Ombudsman's findings.

When Private Individuals Cannot Be Charged Under Section 3(g) of the Anti-Graft Law

Explaining Go v. Sandiganbayan: why private persons cannot be charged with conspiracy under Section 3(g) of RA 3019.

Ombudsman's Discretion to Prosecute Public Officials: Galario v. Ombudsman

When can the Ombudsman charge a different offense than what was complained of? The Supreme Court explains in Galario v. Ombudsman.

Private Parties and Conspiracy Under Section 3(g) of RA 3019 Explained

The Supreme Court clarifies that private individuals may be charged with Section 3(g) of the Anti-Graft Law when conspiring with public officers.

When Can Courts Compel the Ombudsman to Prosecute? Mandamus Limits Explained

The Supreme Court clarifies that mandamus cannot compel the Ombudsman to file criminal charges, as prosecutorial discretion remains with that office.

Missed Your Appeal Understanding Finality of Judgments in Philippine Courts

A missed appeal deadline means final judgment. Learn how Philippine courts treat late appeals and why co-accused appeals don't help.

Finality of Judgments: Why Courts Cannot Revisit Decided Cases

Explore the doctrine of finality of judgments in Philippine law, its rationale, exceptions, and practical implications for litigants.