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 124 of 30 articles for affidavits

Weighing Hearsay: The Burden of Proof in Employee Dismissal Cases

An employer must prove just cause for dismissal with substantial evidence, not mere hearsay or uncorroborated affidavits.

Understanding Judicial Misconduct and the Limits of Affidavits of Desistance in the Philippines

A Supreme Court ruling explains when affidavits of desistance fail to absolve an accused and clarifies penalties for estafa and graft.

Understanding Estafa and Falsification: Insights From a Landmark Philippine Supreme Court Case

A disbarment case clarifies the evidentiary standard for lawyer discipline and the role of a Special Power of Attorney in signing judicial affidavits.

Late Judicial Affidavits in Philippine Courts: When Late Submission Is Allowed

Learn when Philippine courts may allow late judicial affidavit submission under the Judicial Affidavit Rule, citing Say v. Dizon.

Antedating Court Documents: Supreme Court Dismisses Sheriff for Grave Misconduct

The Supreme Court dismissed a sheriff for antedating affidavits, ruling that tampering with court records is grave misconduct eroding public trust.

Unjust Enrichment Claims and the Burden of Proving Evidence in Philippine Law

Philippine Supreme Court ruling on unjust enrichment claims, evidentiary rules for private documents, and notarized affidavits in civil cases.

Late Evidence and the Judicial Affidavit Rule: Lara's Gift v. PNB General Insurers

The Supreme Court clarifies when trial courts may admit late evidence and supplemental judicial affidavits under the Judicial Affidavit Rule.

Affidavits of Retraction and Evidence in Illegal Dismissal Cases: PNB v. Gregorio

Supreme Court clarifies how courts review NLRC rulings and how affidavits of retraction are treated in illegal dismissal cases.

Disbarment Complaint Dismissed for Insufficient Evidence: The Burden of Proof in Administrative Cases

The Supreme Court dismissed a disbarment complaint against Atty. Johan Tabuzo, ruling that complainants must present substantial evidence, not just self-serving affidavits.

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.

Upholding Notarial Integrity: Personal Appearance Is Mandatory for Notaries

A notary who notarizes affidavits without the affiants' personal appearance faces suspension from law practice and loss of notarial commission.

Notarizing Without the Affiant: When a Lawyer’s Negligence Becomes Misconduct

The Supreme Court suspends a lawyer for six months for notarizing affidavits without the affiants’ personal appearance, a clear breach of notarial rules.

Upholding Honesty in Legal Practice: Consequences for Submitting False Affidavits

The Supreme Court suspends a lawyer for six months for submitting a falsified affidavit in court, reaffirming the duty of candor and integrity in legal practice.

Rape Conviction Upheld: Credibility of Testimony and Immateriality of Pregnancy

Supreme Court affirms rape conviction, ruling that a victim's pregnancy does not negate rape and that court testimony prevails over affidavits.

Judges Cannot Notarize Cohabitation Affidavits for Marriages They Solemnize

Supreme Court rules MTC judges may not notarize affidavits of cohabitation for marriages they solemnize, citing Circular 1-90.

Contract vs Affidavit: Intent and Demand Determine Enforceability

How Philippine courts distinguish contracts from affidavits by intent, and why demand matters for interest accrual.

Inducement vs Direct Participation: Defining Falsification of Public Documents in Philippine Law

The Supreme Court clarifies that a mayor who notarizes false affidavits can be convicted of falsification even without direct proof of authorship.

Falsification of Public Documents: When Notarizing False Affidavits Becomes a Crime

A mayor's conviction for notarizing false affidavits of ownership and joint affidavits shows how public officials can be liable for falsification under Article 171 of the Revised Penal Code.

Protecting the Vulnerable: Upholding Conviction in Child Rape Case Despite Retraction

Philippine Supreme Court affirms child rape conviction despite victim's retraction, explaining why affidavits of desistance carry little weight in criminal cases.

Due Process in Administrative Cases: Balancing Fairness and Efficiency in Police Disciplinary Actions

The Supreme Court clarifies that administrative due process does not require trial-type hearings, allowing PNP disciplinary actions to proceed on affidavits and position papers.

Credibility of Witnesses and Inconsistencies Between Affidavits and Court Testimony in Rape Cases

Philippine Supreme Court ruling on witness credibility, affidavit-testimony inconsistencies, and penalties for rape by sexual intercourse and sexual assault.

Affidavits of Desistance: When Can Employees Reclaim Their Rights?

Philippine Supreme Court ruling on when affidavits of desistance or quitclaims in labor cases are invalid and employees can pursue their claims.

Employee Dismissal Illegal Overseas Call Involvement AND DUE Process Rights

PLDT v. Tiamson: dismissal for illegal overseas call connection requires substantial evidence, not just unauthenticated affidavits and unsigned printouts.

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.