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 129 articles for article 26

Conspiracy and Ignominy in Rape Cases: Understanding Criminal Liability

How conspiracy and ignominy widen criminal liability in rape cases under Philippine law, explained through a recent Supreme Court ruling.

Community Service as an Alternative to Jail Time: Understanding R.A. 11362 in the Philippines

The Supreme Court explains how Republic Act No. 11362 allows courts to convert arresto menor and arresto mayor penalties into community service.

Protecting Children: Understanding Sexual Assault Laws in the Philippines

The Supreme Court clarifies the distinction between rape by sexual assault and sexual assault under RA 7610, protecting child victims.

Rape vs. Sexual Abuse: When Force and Lack of Consent Elevates a Crime

A recent Supreme Court ruling clarifies when sexual acts with a minor constitute rape under the Revised Penal Code rather than sexual abuse under R.A. 7610.

Child Trafficking and Sexual Abuse: Philippine Law and Victim Protection

A Supreme Court ruling clarifies qualified trafficking in persons and rape, and the strong legal protections for minor victims in the Philippines.

Moral Ascendancy in Rape Cases: Why Silence Can Prove the Crime

Philippine law recognizes moral ascendancy as a substitute for force in rape cases. Learn what this means for victims and legal strategy.

Qualified Rape vs. Statutory Rape: Supreme Court Clarifies Child Sexual Abuse Law

The Supreme Court clarifies the proper legal designation for child sexual abuse cases, distinguishing qualified rape from statutory rape under Philippine law.

Statutory Rape in the Philippines: Understanding Consent and the Role of Minority

The Supreme Court clarifies when rape becomes qualified and how minority and relationship must be alleged and proven in Philippine criminal cases.

Third-Party Claims in Labor Disputes: Protecting Assets from Wrongful Levy

Learn how the Supreme Court protects third-party asset owners from wrongful levy in labor dispute executions, and the proper remedies available.

Qualified Rape and Moral Ascendancy: When Trust Becomes a Weapon

How moral ascendancy can substitute for force in rape cases, and why abusing a position of trust over a minor leads to qualified rape.

Rape and Mental Capacity: Philippine Supreme Court Ruling on Criminal Liability

Philippine Supreme Court clarifies rape liability involving mental retardation, distinguishing statutory rape from rape of a person deprived of reason.

Understanding Rape Conviction in the Philippines: Consent Evidence and the Role of Co-Conspirators

Philippine Supreme Court clarifies rape conviction standards, consent evidence rules, and co-conspirator liability in criminal cases.

Reasonable Doubt and Identification: Protecting the Accused in Philippine Rape Cases

The Supreme Court acquits a rape accused when flawed identification and danger signals create reasonable doubt, reinforcing the presumption of innocence.

When Fraud or Force Negates Consent in Rape: People v. Disipulo

The Supreme Court clarifies that consent obtained through fraud or overcome by force is not valid consent in rape cases.

Circumstantial Evidence and Dying Declarations in Rape-Homicide Convictions

How the Supreme Court upheld a rape-homicide conviction using circumstantial evidence and the victim's dying declaration.

Foreign Divorce Recognition in the Philippines: Proving Japanese Law Matters

The Supreme Court clarifies what evidence is needed to recognize a foreign divorce in the Philippines, focusing on proving foreign law.

Protecting Minors: Upholding Conviction in Child Rape Cases Despite Minor Inconsistencies

The Supreme Court affirms a child rape conviction, ruling that minor inconsistencies in a minor victim's testimony do not undermine credibility.

Understanding Intent to Kill: The Fine Line Between Attempted Murder and Serious Physical Injuries

The Supreme Court clarifies when a violent attack is attempted murder or only serious physical injuries, focusing on intent to kill and spontaneous desistance.

Proving Foreign Law in Philippine Courts: Divorce Recognition After Rivera v. Woo Namsun

The Supreme Court clarifies what evidence is needed to prove a foreign divorce decree and foreign law in Philippine courts.

Intellectual Disability as a Defense: The Limits of Exemption from Criminal Liability in Statutory Rape Cases

The Supreme Court clarifies when intellectual disability or imbecility exempts an accused from criminal liability, and why it did not apply in this statutory rape conviction.

When One Is Liable for All: Conspiracy in Gang Rape Under Philippine Law

The Supreme Court clarifies that in conspiracy, each accused is liable for all acts of rape committed by co-conspirators, even those at large.

Consent in Rape Cases: Insights from People v. San Pedro (G.R. 219850)

A landmark Supreme Court ruling on consent, evidence, and proof beyond reasonable doubt in rape cases involving a deaf-mute complainant.

Intellectual Disability in Rape Cases: What the Supreme Court Requires

The Supreme Court clarifies when intellectual disability must be proven by clinical evidence in rape prosecutions, and why it matters.

Foreign Spouses Can File for Marriage Nullity in the Philippines: The Ambrose Ruling

Foreign spouses married in the Philippines have legal standing to file for nullity of marriage, as clarified by the Supreme Court in Ambrose v. Suque-Ambrose.