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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Promissory Notes Enforceability and the Absence of Vitiated Consent
When is a promissory note valid despite claims of pressure? The Supreme Court clarifies consent, consideration, and enforceability.
Change Orders Without Written Consent: Contractual Obligations in Construction Disputes
Philippine Supreme Court ruling on change orders, written consent, and contractual obligations in construction disputes under Article 1724.
Conjugal Property Sale Without Spousal Consent Is Void, Not Just Voidable
A sale of conjugal property without the other spouse's written consent is void under the Family Code. Buyers must verify the seller's authority to sell.
Protecting the Vulnerable: Statutory Rape and the Duty to Shield Children
The Court affirms a statutory rape conviction, explaining why a child's consent is immaterial and why the law must shield the young.
Moral Ascendancy vs Consent: Understanding Rape and Acts of Lasciviousness in the Philippines
The Supreme Court clarifies rape, attempted rape, and acts of lasciviousness under Philippine law, including the role of moral ascendancy and intimidation.
Statutory Rape Absence OF Consent Irrelevant When Victim IS Under 12
Statutory Rape Conviction Upheld Despite Alibi Defense: Garbida Case
The Supreme Court upheld Roberto Garbida's conviction for seven counts of statutory rape, ruling that a child's consent is immaterial under Article 335 of the Revised Penal Code.
Kidnapping for Ransom and the Law on Child Victims: People v. Siongco
The Supreme Court affirms the conviction of two men for kidnapping an 11-year-old boy for ransom, clarifying the law on consent, conspiracy, and damages.
Rape and Consent: Establishing Guilt Beyond Reasonable Doubt in Philippine Law
A look at how Philippine courts handle rape cases involving victims with mental disabilities, and what constitutes force and consent.
Rape Conviction Upheld: Mental Retardation and the Assessment of Force and Consent
A Supreme Court ruling explains why a rape charge built on force and intimidation does not require the victim's mental retardation to be alleged in the information.
Sale of Conjugal Property Without Spousal Consent: Void Contracts and Heirs' Rights
Philippine Supreme Court ruling on void sales of conjugal property without spousal consent, heirs' rights, and prescription periods explained.
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.
Mortgage Validity and Writ of Possession: Upholding Contracts Absent Vitiated Consent
Philippine Supreme Court ruling on writ of possession in foreclosure, contract validity, and consolidation of cases explained in plain language.
Spousal Consent in Conjugal Property Disposition Under the Family Code
The Supreme Court explains why a spouse cannot sell conjugal property without the other's written consent, and what buyers must verify.
Contractual Interest Enforceability of Bank Lending Rates in Delayed Payments
Supreme Court rules stipulated bank lending rates apply automatically to delayed payments without need for separate consent.
Protecting Marital Property When a Spouse’s Signature Matters
A forged special power of attorney cannot defeat conjugal property rights. Learn the rules on spousal consent in property sales.
Kidnapping With Rape: Consent, Sweetheart Theory, and the Madsali Case
The Madsali case clarifies when a against her will—language sufficient to charge kidnapping. Since AAA was a minor, was detained for more than three days, and was raped during the detention, all eleme
Passport Validity and Deportation: Re-Entry Requirements for Deported Aliens in the Philippines
A deported alien who re-enters without a valid passport and prior consent may face deportation. Learn the rules from a Supreme Court ruling.
Tenancy Rights: Proving Landowner Consent and Harvest Sharing in Agrarian Disputes
Philippine Supreme Court clarifies that tenancy requires landowner consent and harvest sharing, not just cultivation. Learn the legal elements.
Marital Rape: Spousal Consent Is Not a Defense to Rape in the Philippines
Philippine Supreme Court affirms that marriage is no defense to rape, convicting a stepfather of two counts of rape against his minor stepdaughter.
Prescription and Marital Consent: Protecting Property Rights in the Philippines
A Supreme Court ruling on how prescription and laches can bar claims over conjugal property sold without the wife's consent.
Rape of a Mentally Retarded Person: Court Upholds Conviction and Justice
The Supreme Court affirms the rape conviction of a man who sexually assaulted a mentally retarded woman, clarifying the rules on consent, evidence, and penalties.
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.
Consent Under Threat: Rape, Recantation, and Philippine Law
Philippine Supreme Court clarifies statutory rape, consent, and recantation in People v. Peralta, affirming conviction and damages.