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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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.
Rape Conviction Affirmed: The Uneasy Weight of Recanted Testimony
Philippine Supreme Court affirms rape conviction despite the victim's affidavit of desistance, explaining why recanted testimony is viewed with suspicion.
Theft by Deceit Conviction Stands Despite Missing Testimony and Affidavit of Desistance
Supreme Court affirms estafa conviction even with missing transcript and complainant's affidavit of desistance, clarifying key criminal procedure rules.
Parental Rights vs Child’s Affidavit of Desistance: Protecting Minors in Legal Proceedings
A judge was fined for dismissing a rape case based on a minor’s affidavit of desistance without parental consent or notice. Key family law lessons.
When an Affidavit of Desistance Fails: Upholding Witness Testimony in Criminal Cases
The Supreme Court explains why a belated affidavit of desistance cannot overturn a conviction based on credible witness testimony.
Affidavits of Desistance: When Do They Overturn a Guilty Verdict?
When can an affidavit of desistance overturn a guilty verdict? The Supreme Court explains in Santos v. People.
Credibility of Rape Victims: Affidavit of Desistance and Delay in Reporting
Philippine Supreme Court ruling on why delayed reporting and affidavits of desistance do not automatically destroy a rape victim's credibility.
Affidavit of Desistance in Rape Cases: Overcoming Coercion and Protecting Victims
Philippine Supreme Court ruling on when an affidavit of desistance in rape cases is coerced and how courts protect victims from intimidation.
Rape and Credibility: How Courts Evaluate Testimony in Sexual Assault Cases
Philippine Supreme Court explains how trial courts assess rape victim testimony, identity, delay in reporting, and affidavit of desistance.
When an Affidavit of Desistance Cannot Dismiss a Rape Case: Due Process Lessons
A rape conviction was voided for lack of due process; an affidavit of desistance filed after case institution does not warrant dismissal.
Parricide in the Philippines: Proving Marriage and the Effect of an Affidavit of Desistance
The Supreme Court explains how to prove marriage in parricide cases and why an affidavit of desistance does not erase criminal liability.