Legal Insights

Child Sexual Abuse Under RA 7610: Key Ruling on Section 5(b) vs. 10(a)

The Supreme Court clarifies when sexual abuse of a child falls under Section 5(b) rather than 10(a) of RA 7610, affecting penalties and prosecution.

Understanding Estafa in Trust Receipt Transactions: Key Lessons from Barlin v. People

Learn how the Supreme Court applied estafa under Article 315(1)(b) to trust receipt violations, and what businesses should know.

Understanding Trust and Misappropriation in Philippine Estafa Cases: Key Lessons from a Landmark Ruling

A Supreme Court ruling clarifies estafa under Article 315(1)(b), explaining trust receipt obligations, demand requirements, and why partial payment does not erase criminal liability.

VAT Zero Rating: Proving Tax Exempt Status for Power Generation Services

Supreme Court clarifies that power generators selling to NPC may claim VAT zero-rating under Section 108(B)(3) without an ERC Certificate of Compliance.

Estafa by Misappropriation: When a Consignment Deal Turns Criminal

The Supreme Court explains the elements of estafa under Article 315(1)(b) of the Revised Penal Code and how recanted testimony is treated.

Protecting Children: Identifying and Punishing Sexual Abuse Under R.A. 7610

The Supreme Court clarifies when child sexual abuse falls under Section 5(b) rather than Section 10(a) of R.A. 7610, and the proper penalties.

Limits of Warrantless Arrests: Probable Cause and Immediacy in Hot Pursuit

The Supreme Court clarifies the limits of warrantless arrests under Rule 113, Section 5(b), focusing on probable cause and immediacy in hot pursuit cases.

Tenant Estoppel: Why a Lessee Cannot Deny the Landlord’s Title in Lease Disputes

Philippine Supreme Court explains tenant estoppel rule under Rule 131, Section 2(b), and why lessees cannot deny their landlord's title.

Simple Rape vs Statutory Rape: The Legal Standard for Victims With Mental Retardation

Philippine Supreme Court clarifies that rape of a mental retardate is simple rape under Article 266-A(1)(b), not statutory rape, regardless of mental age.

Breach of Trust Estafa Conviction Affirmed for Failure to Return or Account for Jewelry

Supreme Court affirms estafa conviction under Article 315(1)(b) when a jeweler fails to return or account for entrusted jewelry.

Breach of Trust Establishing Estafa Through Misappropriated Funds

Explore how failure to remit collected funds constitutes estafa under Article 315(1)(b) of the Revised Penal Code, as ruled in Pucay v. People.

Legislative Inquiry vs Executive Privilege: The PCGG Testimony Case

The Supreme Court ruled PCGG officials must testify before Senate inquiries, striking down Section 4(b) of E.O. No. 1 as unconstitutional.

Estafa Through Misappropriation: Liability Even Without Direct Handling of Property

Supreme Court clarifies that estafa under Article 315(1)(b) can arise even when property is received by an employee, not the accused directly.

Re-Election as Condonation: Clarifying Disqualification Based on Prior Administrative Removal

Explains when prior administrative removal disqualifies a local candidate, and when re-election condones past misconduct under Section 40(b), LGC.

Acceptance Over Demand: Graft Conviction Hinges on Actions, Not Words

In Peligrino v. People, the Supreme Court ruled that receiving a gift or benefit suffices for graft conviction under Section 3(b) of RA 3019, even without an express demand.

Retroactivity of Disqualification: When Prior Misconduct Bars Future Elections

Philippine Supreme Court ruling on whether Section 40(b) of the Local Government Code applies retroactively to disqualify candidates removed from office before 1992.

Reelection Does Not Condon Prior Misconduct When Removal Is Already Final

Removal becomes final despite refusal to accept service; reelection cannot cure disqualification under Section 40(b) of the Local Government Code.