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 169192 of 372 articles for clear and convincing evidence

Navigating Libel Law: Probable Cause and Privileged Communication in the Philippines

A Supreme Court ruling clarifies that probable cause for libel is a prosecutor's call, and privileged communication is a trial defense.

Incestuous Rape in the Philippines: Parental Authority, Consent, and the Law

Understand how Philippine courts treat incestuous rape by a father, the role of moral ascendancy, and the penalties imposed.

Reconstitution of Lost Titles: Proving Ownership Through Deeds and Documents

A Supreme Court ruling clarifies when a lost land title may be reconstituted from a deed of transfer, and what evidence suffices.

Beyond Labels: Substance Over Form in Appellate Procedure and Drug Cases

A Supreme Court ruling on buy-bust operations shows how courts prioritize substance over form in procedural compliance and evidence.

Insanity Plea in Parricide: Burden of Proof and the Limits of Jealous Rage

The Supreme Court clarifies when insanity exempts an accused from criminal liability, and why jealous rage falls short.

Trust and Tax: Protecting Pension Funds Through Beneficial Ownership

How the Supreme Court protected a pension fund's tax-exempt income by recognizing beneficial ownership under Article 1452 of the Civil Code.

Self-Defense vs Murder: Unlawful Aggression in Philippine Criminal Law

The Supreme Court explains when self-defense fails in murder cases, focusing on unlawful aggression as its primordial element.

Writ of Possession and Foreclosure: When a Threat to Foreclose Does Not Vitiate Consent

Supreme Court ruling on extrajudicial foreclosure, simulated contracts, and why a threat to enforce a legal claim does not vitiate consent.

Breach of Contract vs Forbearance: Clarifying Interest Rate Applications in Philippine Law

Philippine Supreme Court clarifies when forbearance interest applies versus breach of contract damages, and how courts compute legal interest on monetary awards.

Self-Defense Under Scrutiny: When Does Defense Become Unlawful Aggression

The Supreme Court clarifies when self-defense fails, examining unlawful aggression, reasonable means, and the point where defense becomes aggression.

Entrapment vs Instigation: Defining the Boundaries in Drug Sale Convictions

The Supreme Court clarifies the distinction between valid entrapment and unlawful instigation in drug cases, affirming a buy-bust conviction.

Priority of Land Titles: Tracing Back to Original Certificates of Title

When two Torrens titles cover the same land, the earlier one prevails. Tracing back to original certificates of title is key.

Accountability for Group Actions: Establishing Conspiracy in Criminal Law

Understand how Philippine courts determine conspiracy in criminal cases, when group liability attaches, and why mere presence or evasion of arrest does not equate to guilt.

Protecting Marital Property: The Necessity of Spousal Consent in Property Sales

Learn how the Supreme Court protects conjugal property from unauthorized sales by one spouse, and why buyers must verify spousal consent.

Supreme Court on Sandiganbayan Appeals: Credibility Findings Bind Review

Learn how the Supreme Court limits appeals from the Sandiganbayan to questions of law, and why witness credibility findings are conclusive.

Possession vs. Sale: Proving the Distinction in Drug Cases

The Supreme Court clarifies why illegal sale and illegal possession of drugs are separate crimes requiring distinct proof, acquitting on one charge.

Unreliable Identification Conviction Quashed DUE TO Flawed Witness Testimony

Explore how flawed witness testimony undermines drug convictions, examining the Supreme Court's ruling on unreliable identification.

Partition Disputes: The Mandatory Role of Commissioners in Property Division

Philippine Supreme Court clarifies when courts must appoint commissioners to divide property in partition disputes, and the limits of the parol evidence rule.

Sweetheart Defense Fails: Rape Conviction Upheld Without Proof of Consent

Philippine Supreme Court rejects the "sweetheart theory" in rape cases, affirming that love affairs do not justify sexual violence without consent.

Bonus Entitlement Discretion VS Contractual Right IN Employment Compensation

Philippine Supreme Court ruling on when bonuses are discretionary and when they become contractual obligations of employers.

Protecting Children How Courts Decide Statutory Rape Cases Despite Unclear Dates

Learn how Philippine courts handle statutory rape cases when the exact date of the offense is uncertain, based on established legal principles.

Real Property Tax: Who Is the Actual User in a BOT Agreement?

Philippine Supreme Court ruling on real property tax exemption under a Build-Operate-Transfer agreement and who qualifies as actual user.

Rape Conviction Upheld on Credible Victim Testimony; Death Penalty Reduced

Supreme Court affirms rape conviction based on credible victim testimony and medical evidence, but reduces death penalty to reclusion perpetua.

Buy-Bust Operations: Ensuring Legality and Upholding Rights in Drug Cases

The Supreme Court affirms a drug conviction, clarifying the rules on buy-bust operations, warrantless arrests, and the chain of custody of seized drugs.