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 26 articles for amended information

Amending Defective Criminal Charges: The Lazaro Doctrine on Procedural Flexibility

Learn how Philippine courts amend defective criminal charges to prevent dismissal on technicalities, based on Lazaro v. People.

Falsification vs Estafa: Identifying the True Crime in Fraudulent Schemes

The Supreme Court clarifies when falsification of a private document, not estafa, is the proper charge in fraud cases.

Speedy Disposition of Cases: Balancing Rights and Due Process in Anti-Graft Proceedings

The Supreme Court clarifies when the speedy disposition clock starts in Ombudsman cases, distinguishing fact-finding from preliminary investigation.

Double Jeopardy and Speedy Trial Rights in the ASEAN Street Lighting Case

Explaining the Supreme Court's ruling on double jeopardy, speedy disposition, and amended informations in Braza v. Sandiganbayan.

Double Jeopardy and Police Accountability: When Amending an Information Is Allowed

Explaining when an amended criminal information does not trigger double jeopardy, through a Philippine Supreme Court ruling on police killings.

Theft Beyond Tangibles: When Telecom Services Became Personal Property

The Supreme Court ruled that telephone services and business can be the object of theft under the Revised Penal Code.

Rape in the Victim's Home: When Dwelling Aggravates the Crime

Philippine Supreme Court explains when "dwelling" aggravates rape, and how RA 9346 changed the penalty from death to reclusion perpetua.

Double Jeopardy and Amendment of Information: Rights of the Accused in Philippine Law

Explaining when amending a criminal information after a plea is allowed, and why double jeopardy did not bar re-arraignment in Cabo v. Sandiganbayan.

When a Plea Does Not Bar Re-Arraignment: Double Jeopardy and Defective Informations

The Supreme Court explains when a conditional arraignment and an amended information do not trigger double jeopardy protections in Philippine criminal procedure.

State Witness Exclusion: Balancing Prosecutorial Discretion and Court Oversight

The Supreme Court clarifies when prosecutors may exclude accused persons from an information to make them state witnesses, and the limits of judicial discretion.

Double Jeopardy and Amendment of Information: Protecting Accused Rights After Conviction

Supreme Court rules on double jeopardy when prosecution tries to amend information after conviction and probation application.

Due Process Prevails: Substantial Amendment to Information Requires New Preliminary Investigation

Supreme Court rules substantial amendments to criminal informations require new preliminary investigation to protect accused's due process rights.

Jurisdiction Over PNP Officers: Salary Grade Thresholds and Retroactive Application in Criminal Cases

Explaining Escobal v. Garchitorena on Sandiganbayan jurisdiction, salary grade thresholds, and retroactive application of R.A. 7975.

Plunder and Conspiracy: Defining "Combination or Series" in Amassing Ill-Gotten Wealth

The Supreme Court clarifies what constitutes a "combination or series" of acts in plunder cases, and the scope of conspiracy among co-accused.

Right to Information: Accused Cannot Be Convicted of a Crime Not Clearly Charged

The Supreme Court reinstates a rape case, ruling an information need only state the essential elements, not every detail.

Standing Firm Against Abuse: The Supreme Court's Stance on Rape and Incest

A father's rape of his 9-year-old daughter tests the limits of Philippine law on evidence, procedure, and the death penalty.

Incestuous Rape: Proving the Victim's Age and the Limits of Amending the Information

A father's rape conviction was reduced from death to reclusion perpetua because the prosecution failed to prove the victim's minority with competent evidence.

Plunder and Conspiracy: Defining the Boundaries of Criminal Liability in Philippine Law

The Supreme Court clarifies how conspiracy works in plunder cases, and why each accused is liable only for acts they committed.

Parental Authority vs Incestuous Abuse: Why a Guilty Plea Did Not Ensure the Death Penalty

The Supreme Court affirms a father's rape conviction but reduces the death penalty to reclusion perpetua because the Information failed to state the victim's exact age.

When Courts May Reopen a Criminal Case After Evidence Is Closed

Philippine Supreme Court ruling on when a trial court may reopen a criminal case after the parties have rested, and the limits of that discretion.

Reopening a Closed Case: Abuse of Discretion and Due Process in Philippine Courts

When can a court reopen a criminal case after evidence is closed? The Santiago ruling explains the limits and due process requirements.

Reopening a Criminal Case After Evidence Is Closed: The Santiago v. Sandiganbayan Guide

When can a court reopen a criminal case to hear more evidence? The Supreme Court explains the limits and the due process rights of the accused.

Reopening a Criminal Case: When Courts Abuse Discretion in the Philippines

The Supreme Court nullified the Sandiganbayan's reopening of a criminal case against Miriam Defensor Santiago, ruling it was grave abuse of discretion.

Bail Denied When Evidence of Guilt Is Strong in Philippine Capital Offenses

Philippine Supreme Court clarifies when bail must be denied in capital offenses and why trial judges must summarize prosecution evidence.