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 490 articles for prosecutor

Sheriff's Suspension for Handling Litigant's Money: A Lesson in Judicial Integrity

A sheriff's attempt to pass a litigant's P7,500 to a prosecutor was grave misconduct. The Court explains why court personnel must never handle litigants' money.

Accidental Shooting or Intentional Harm: Distinguishing Homicide From Murder in Philippine Law

The Supreme Court explains when a fatal shooting is homicide, not murder, and why the information must allege treachery as a fact.

Treachery Prevails Establishing Murder Without Evident Premeditation in Philippine Law

The Supreme Court clarifies when treachery—not evident premeditation—qualifies a killing as murder under Article 248 of the Revised Penal Code.

Dishonesty in Judicial Applications: When a Judge's False PDS Ends a Career

A judge's failure to disclose pending cases in her Personal Data Sheet led to dismissal for dishonesty and grave misconduct.

Partnership vs Estafa: When a Partner's Misappropriation Becomes a Crime

The Supreme Court clarifies when a partner's failure to account for funds crosses from civil liability to criminal estafa under Philippine law.

SEC Approval Needed to Trade Securities: SC Clarifies Probable Cause in Securities Fraud

Supreme Court clarifies when SEC approval is needed to trade securities and the limits of probable cause review in securities fraud cases.

Supreme Court Affirms Negligence Ruling in Vehicle Collision Insurance Subrogation Case

Supreme Court affirms CA ruling holding driver negligent in highway collision, upholding insurer's subrogation claim for vehicle repair costs.

Defective Information Reduces Direct Assault Conviction to Homicide

A missing element in the information reduced a direct assault conviction to homicide, underscoring the constitutional right to be informed of charges.

When Can Courts Interfere With Ombudsman Probable Cause Findings

The Supreme Court explains the limits of judicial review over Ombudsman probable cause findings in anti-graft cases against public officers.

Protecting Victims: How Family Can Petition for Protection Orders Under the Anti-VAWC Law

The Supreme Court clarifies that a victim's family can file for protection orders under the Anti-VAWC Law, even after a criminal complaint is dismissed.

Acts of Lasciviousness Under RA 7610: Scope of Child Sexual Abuse Defined

The Supreme Court clarifies when acts of lasciviousness fall under RA 7610's child abuse provisions, not just the Revised Penal Code.

Correcting Birth Certificate Entries: When to File with the Civil Registrar or the Court

Philippine Supreme Court clarifies when birth certificate corrections need administrative filing under RA 9048 versus judicial action under Rule 108.

Trademark Infringement and Probable Cause: When the Secretary of Justice Abuses Discretion

The Supreme Court clarifies when courts may override the Secretary of Justice's dismissal of trademark infringement complaints for grave abuse of discretion.

Conspiracy and Probable Cause in Corporate Criminal Cases: The Ient v. Tullett Prebon Ruling

Supreme Court clarifies when conspiracy and probable cause establish criminal liability for corporate officers under the Corporation Code.

Tax Evasion and Prescription: The Statute of Limitations in Philippine Tax Law

The Supreme Court clarifies when the three-year prescriptive period for tax assessment applies, and why fraud must be proven to trigger the ten-year rule.

Chain of Custody in Drug Cases: Integrity Over Strict Procedure

The Supreme Court clarifies that minor lapses in drug evidence procedure do not automatically acquit an accused if the evidence's integrity remains intact.

Affidavit of Desistance in Rape Cases: Supreme Court Scrutiny and Victim Credibility

Supreme Court affirms rape conviction despite affidavit of desistance, ruling recanted affidavits are unreliable and victim testimony credible.

Search Warrant Validity: MTC Authority and Jurisdictional Boundaries

Supreme Court clarifies that a Municipal Trial Court may issue a search warrant even for offenses outside its trial jurisdiction, within the same judicial region.

Discernment Requirement for Minors: Key Lessons from Dorado v. People

Supreme Court clarifies that discernment, not intent, determines criminal liability of minors aged 15-18 under RA 9344.

Lawyer's Unfounded Bribery Accusation Against Prosecutor Draws Fine

Supreme Court fines a lawyer for baselessly accusing a prosecutor of bribery in pleadings, stressing limits of zealous advocacy.

Treachery and Witness Identification in Murder and Frustrated Murder Cases

The Supreme Court affirms murder and frustrated murder convictions, explaining treachery, witness credibility, and unlicensed firearm aggravating circumstances.

Reasonable Doubt in Drug Cases: The Need for Clear Identification of Evidence

Philippine Supreme Court clarifies that in drug cases, the identity of the seized item must be proven beyond reasonable doubt, not just presumed.

Forum Shopping in Annulment Cases: A Lawyer's Suspension and the Integrity of Legal Processes

A prosecutor's suspension for filing two marriage dissolution petitions in different courts highlights the strict rule against forum shopping.

Electricity Disconnection Due Process and Utility Company Obligations in the Philippines

Learn the Supreme Court's rules on electricity disconnection, due process, and utility obligations under R.A. 7832 in the Philippines.