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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Treachery and Evident Premeditation: When Intentional Killings Are Homicide, Not Murder
The Supreme Court clarifies when treachery and evident premeditation qualify a killing as murder, explaining what prosecutors must prove.
Release of Seized Evidence Before Trial: Upholding Prosecutorial Authority and Due Process
A judge's order releasing seized evidence before trial drew administrative sanctions. Learn the rules on custody of evidence and prosecutorial control.
Prosecutorial Discretion Defining THE Limits OF Judicial Review IN Estafa Cases
Professional Courtesy Among Lawyers: The Imperative of Civility and Ethical Conduct
A lawyer's suspension for impleading opposing counsel and a prosecutor in a civil case illustrates the ethical duty of professional courtesy.
Challenging the Frame-Up Defense: Upholding Convictions in Drug Cases
The Supreme Court explains why the frame-up defense rarely succeeds in drug cases and what prosecutors must prove.
The Right to Confrontation: Why Live Testimony Matters in Philippine Criminal Trials
The Supreme Court vacated a rape conviction because prosecutors used transcripts from another trial instead of presenting live witnesses, violating the accused's right to confrontation.
When Proof of Age Fails: Simple Rape Instead of Death in People v. Ochea
The Supreme Court reduced a death sentence to reclusion perpetua because prosecutors failed to prove the victim's minority in a rape case.
Checks and Balances When Regional Prosecutors Overstep Local Authority in Preliminary Investigations
When can a regional prosecutor take over a city prosecutor's case? The Supreme Court clarifies the limits of supervision and control.
Statutory Rape: Why Pleading Qualifying Circumstances in the Information Matters
A Supreme Court ruling shows why prosecutors must allege both the victim's minority and relationship to the accused to justify the death penalty.
Why Prosecutors Must Present Evidence in Rape Cases: Lessons from Merciales v. Court of Appeals
A Supreme Court ruling on prosecutorial duty, state witnesses, and due process in rape with homicide cases.
How the Supreme Court Sanctions Judicial Delay and Prosecutorial Nonfeasance in Criminal Cases
The Supreme Court annulled an acquittal tainted by prosecutorial nonfeasance and judicial delay, reaffirming due process for offended parties.
Judicial Overreach and the Boundaries of Preliminary Investigations in the Philippines
Sales v. Sandiganbayan clarifies that preliminary investigations are substantive rights, not mere formalities, and sets limits on prosecutorial discretion.
Judicial Overreach Reassessing Ombudsmans Discretion In Anti Graft Prosecutions
When can courts overturn an Ombudsman's finding of probable cause? The Supreme Court clarifies the limits of prosecutorial discretion.
Discretion and Due Process: The Secretary of Justice’s Power to Review Prosecution Decisions
Explaining Garcia-Rueda v. Amor: why the Ombudsman cannot second-guess prosecutors' findings, and where the Secretary of Justice's review power lies.
Prosecutorial Discretion vs Anti-Graft: Defining Undue Injury in Public Office
The Supreme Court clarifies when a prosecutor's error becomes a crime under the Anti-Graft Law, explaining the element of undue injury.
Discretion of the Justice Secretary and Limits of Judicial Review in Preliminary Investigations
The Supreme Court clarifies the Ombudsman's limited role in reviewing prosecutors' findings and the boundaries of judicial review in preliminary investigations.
Prosecutorial Discretion vs Malicious Prosecution: Balancing Public Duty and Individual Rights
The Supreme Court clarifies when prosecutors may be sued for damages, balancing prosecutorial discretion against protection from malicious prosecution claims.
Malicious Prosecution Claims Against Prosecutors: The Drilon v. Court of Appeals Ruling
When can prosecutors be sued for damages after filing criminal charges? The Supreme Court clarifies the elements of malicious prosecution and the protection of good faith.
Amending Informations After Arraignment: Rights of the Accused vs. Prosecutorial Efficiency
When can the prosecution amend an Information after arraignment? The Supreme Court clarifies the rules on substantial vs. formal amendments.
When a Judge Crosses the Line: Interference in a Criminal Case and the Price of Impropriety
A Court of Appeals justice was dismissed for trying to influence a prosecutor in a drug case. This article explains the ruling and its lessons.
Preliminary Investigation: Its Absence and Impact on Criminal Proceedings
When prosecutors skip preliminary investigation, can courts dismiss the case? The Supreme Court clarifies the rule in Villaflor v. Vivar.
Limits of Judicial Authority: Understanding Preliminary Investigations in the Philippines
A Supreme Court ruling clarifies that judges conducting preliminary investigations cannot reclassify crimes—that power belongs to the prosecutor.
The Limits of a Judge's Power in Preliminary Investigation: Lessons from Cabarloc v. Cabusora
A municipal judge cannot downgrade a murder charge or order the release of accused during preliminary investigation—that power belongs to the prosecutor.
Buy-Bust Operations in the Philippines: Rights, Realities, and What the Supreme Court Says
A look at how Philippine courts treat buy-bust operations in drug cases, the elements prosecutors must prove, and why the defense of frame-up rarely succeeds.