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 490 articles for prosecutor

Online Psychological Abuse Under RA 9262: When Facebook Posts Become Crimes

The Supreme Court clarifies when Facebook posts constitute psychological abuse under RA 9262 and how ICT use raises penalties.

Probable Cause and the Ombudsman's Discretion: Limits of Judicial Review

The Supreme Court affirms the Ombudsman's dismissal of criminal charges for lack of probable cause, underscoring the limits of judicial review over prosecutorial discretion.

Breach of Trust Dismissal for Court Employee Accepting Money From Litigants

Supreme Court affirms dismissal of court clerk who accepted money from litigants to process bail bond, ruling it constitutes grave misconduct.

Dispositive Portion Prevails When DOJ Resolution Body Conflicts With Fallo

When a DOJ resolution's body conflicts with its dispositive portion, the fallo controls. Learn the rule from Santiago v. Bello IV.

Malicious Prosecution: Holding Employers Accountable for Unjust Accusations

When employers file baseless criminal charges against workers, they may face damages for malicious prosecution. Learn from a Supreme Court ruling.

Confessions and Counsel: Safeguarding Rights in Criminal Investigations

The Supreme Court clarifies when the right to counsel applies in confessions and what makes a lawyer "competent and independent" under Philippine law.

Loss of Trust and Due Process: Philippine Standards for Employee Dismissal

Philippine Supreme Court clarifies the standards for loss of trust and due process in employee dismissal cases under the Labor Code.

BP 22 Acquittal: Why Actual Receipt of Notice of Dishonor Is Critical

In Robert Chua v. People, the Supreme Court acquitted a BP 22 accused because prosecutors failed to prove actual receipt of the notice of dishonor.

Upholding Legal Ethics: Disciplining Lawyers for Obstructing Justice and Misleading Courts

A lawyer's duty to the court outweighs loyalty to a client. Learn how obstruction and misleading courts lead to suspension.

Due Process and Administrative Investigations: The Limits of Certiorari

When can a government official question a show cause order through certiorari? The Supreme Court clarifies the limits of this remedy.

Suspension of Arraignment, DOJ Review, and the Right to Speedy Trial in Copyright Cases

Explaining when courts may suspend arraignment pending DOJ review and how delay affects the right to speedy trial in copyright infringement cases.

Theft vs. Estafa: When Employee Misappropriation Is Not Estafa (Benabaye Doctrine)

The Supreme Court in Benabaye v. People clarifies when an employee's misappropriation of funds is theft, not estafa, based on possession.

Ensuring Chain of Custody in Drug Cases: Protecting Rights and Upholding Justice

The Supreme Court acquits a drug suspect due to broken chain of custody, reinforcing the need for strict compliance with RA 9165.

Speedy Trial Dismissal Is an Acquittal: Double Jeopardy and Finality in Criminal Cases

A dismissal for violation of the right to speedy trial is an acquittal that bars re-prosecution. Learn the rules and practical lessons from this case.

Qualified Theft and Circumstantial Evidence: When Conviction Stands Without Direct Proof

The Supreme Court explains when circumstantial evidence suffices to convict for qualified theft, and how courts fix the value of stolen goods.

When Apology and Self-Incrimination Collide: Defining Willful Disobedience in Labor Disputes

The Supreme Court clarifies when an employee's refusal to apologize is not willful disobedience justifying dismissal under the Labor Code.

B.P. 22 Defense: Payment Before Information Filing Can Defeat Dishonored Check Charges

The Supreme Court explains when paying a dishonored check before charges are filed can defeat a B.P. 22 prosecution.

Annulment of Judgment vs. Affidavit of Reappearance: Fraudulent Presumptive Death Declarations

When a presumptive death declaration is obtained by fraud, the Supreme Court clarifies why annulment of judgment—not an affidavit of reappearance—is the proper remedy.

Partial Payment of Filing Fees in BP 22 Cases: The Supreme Court’s Ruling on Access to Justice

The Supreme Court allows complainants in multiple BP 22 cases to pay filing fees per case, ensuring access to justice.

Upholding Drug Conviction: Chain of Custody and Presumption of Regularity

Philippine Supreme Court affirms drug sale conviction, explaining chain of custody rules and presumption of regularity in police work under RA 9165.

Speedy Trial and Provisional Dismissal: Key Rules from Co v. New Prosperity Plastic Products

The Supreme Court clarifies when provisional dismissal becomes permanent and how the one-year revival period is counted.

Concubinage, Condonation, and the Ombudsman's Power: Key Lessons from Busuego v. Ombudsman

The Supreme Court clarifies when a wife's knowledge of infidelity amounts to condonation of concubinage, and affirms the Ombudsman's broad investigative powers over public officers.

Chain of Custody in Drug Cases: When Police Lapses Lead to Acquittal

Philippine Supreme Court clarifies that police non-compliance with Section 21, RA 9165 chain of custody rules can defeat drug prosecutions.

Breach of Public Trust: Official Position Cannot Shield Criminal Acts

Philippine Supreme Court affirms conviction of municipal treasurer for graft and estafa, ruling public office cannot shield criminal acts.