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 193216 of 218 articles for criminal prosecution

Prescription and Quashal in Anti-Graft Cases: Domingo v. Sandiganbayan

The Supreme Court clarifies prescription periods, motion to quash standards, and speedy trial rights in Anti-Graft cases under RA 3019.

Extradition and Due Process: Balancing Treaty Obligations and Individual Rights in the Philippines

The Supreme Court ruled that a prospective extraditee enjoys basic due process rights—notice and hearing—even during the executive evaluation stage of extradition proceedings.

Fake Lawyer Defense: When an Impostor Can Void a Criminal Conviction in the Philippines

Convictions can be overturned when the accused was represented by a non-lawyer. Learn the rules and how to verify counsel credentials.

Notice of Dishonor Under BP 22: Why Actual Receipt Matters in Bouncing Check Cases

Under BP 22, a bounced check issuer can only be convicted if properly notified of dishonor. The Betty King case shows why actual notice is crucial.

Credibility in Rape Cases: Why Delayed Reporting Does Not Mean Fabrication

Philippine Supreme Court ruling explains why a rape victim's delay in reporting, especially in incest cases, does not automatically mean the charge is fabricated.

Navigating Philippine Election Disputes Understanding Comelec AND Hret Jurisdiction

A clear guide to the division of authority between the Commission on Elections and the House of Representatives Electoral Tribunal in election contests.

Unseen Evidence Unquestionable Guilt How Philippine Courts Convict on Circumstantial Proof in Murder Cases

Philippine courts can convict on circumstantial evidence alone if it forms an unbroken chain pointing to guilt beyond reasonable doubt.

Judicial Impartiality When Prior Involvement In A Case Disqualifies A Judge

A judge who previously served as prosecutor must inhibit from the case. Rule 137, Section 1 explained.

Positive Identification in Philippine Criminal Law: Why Alibis Often Fail

A 1998 Supreme Court ruling shows why positive identification trumps weak defenses like alibi and denial in Philippine criminal cases.

Falsification of Public Documents: Upholding Integrity in Philippine Public Service

A Supreme Court ruling on a court interpreter's dismissal for forging a judge's signature, underscoring integrity in public service.

Re-Election and Criminal Liability: Why Public Officials Can Still Face Suspension for Past Misdeeds

Re-election does not erase criminal liability. The Supreme Court clarifies preventive suspension still applies to public officials for prior-term offenses.

Quasi-Delict vs Criminal Negligence: Civil Liability in Philippine Accidents

The Supreme Court clarifies when a driver's negligence creates civil liability under quasi-delict, even without a criminal conviction.

Prejudicial Question Doctrine: When Civil Cases Halt Criminal Proceedings in the Philippines

Understand the prejudicial question doctrine in Philippine criminal procedure, including when courts may suspend criminal cases pending civil actions.

Bottle Ownership and Trademark Rights: Navigating Philippine Law

Philippine Supreme Court ruling on who owns liquor bottles after sale and the limits of trademark protection under R.A. 623.

Judicial Accountability: Independent Assessment of Justice Secretary's Resolutions in Philippine Courts

Philippine Supreme Court ruling on trial courts' duty to independently assess Justice Secretary's resolutions in withdrawal of criminal informations.

Treachery in Philippine Criminal Law: Elements and Implications

Learn how Philippine courts define treachery and why it qualifies murder, based on the Supreme Court's ruling in People v. Marollano.

Counterclaims in Criminal Cases: When Can the Accused Seek Damages?

The Supreme Court in Cabaero v. Cantos clarifies when an accused may file a counterclaim for damages in a criminal case, and when a separate civil action is required.

Civil Liability After Death of Accused: Quasi-Delicts in Philippine Law

When an accused dies before final judgment, criminal liability ends. But civil liability may survive through quasi-delicts. Learn the rules.

Ombudsman's Power to Prosecute: Understanding Its Limits and Scope in the Philippines

The Supreme Court upholds the Ombudsman's power to investigate and prosecute public officials under R.A. 6770, clarifying constitutional limits.

Forum Shopping in the Philippines: How It Affects Search Warrants and Legal Proceedings

Philippine Supreme Court clarifies that forum shopping applies to search warrant applications, and seized property cannot be held indefinitely without criminal prosecution.

Circumstantial Evidence in Rape Cases: Proving Guilt Beyond Reasonable Doubt

How the Supreme Court upheld a rape-homicide conviction based solely on circumstantial evidence, and what this means for Philippine criminal prosecutions.

Understanding Illegal Logging and Timber Possession Laws in the Philippines

The Supreme Court clarifies that possessing lumber without legal documents is a crime under the Revised Forestry Code, explaining key rules on seizure and confiscation.

When Witness Testimony Determines Guilt: Credibility in Philippine Murder Cases

Learn how Philippine courts assess eyewitness credibility in murder cases, from the 1996 People v. Pano ruling on positive identification versus alibi.

Liquidated Damages in Lease Agreements: Enforceability and Practical Implications

Philippine Supreme Court clarifies when liquidated damages in lease contracts are enforceable and how courts treat penalty clauses.