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.
Illegal Recruitment vs Estafa: Key Differences Under Philippine Law
The Supreme Court clarifies the distinction between illegal recruitment and estafa, and why proof of non-licensure matters.
Estafa Acquittal: Why a Faulty Information Violates Due Process in the Philippines
A flawed information can lead to acquittal in estafa cases. Learn how the right to be informed shapes criminal due process in the Philippines.
Illegal Recruitment and Estafa: When Overseas Job Promises Turn Into Crimes
The Supreme Court clarifies when fake overseas job offers constitute illegal recruitment and estafa, and explains the penalties under Philippine law.
Accountability for False Promises: Illegal Recruitment and Estafa Conviction Analyzed
The Supreme Court affirms conviction for illegal recruitment in large scale and estafa, clarifying liability for false promises of overseas employment.
Trust Receipts and Estafa: Why a Payment Agreement Does Not Erase Criminal Liability
The Supreme Court ruled that a new payment schedule cannot erase criminal liability for trust receipt violations, which are malum prohibitum.
Motion to Quash in Estafa Cases: Grounds, Waiver, and Double Jeopardy Explained
Learn the procedural rules on motion to quash in estafa cases, including waiver of grounds and double jeopardy, from a recent Supreme Court ruling.
Estafa by Deceit in Property Sales: Lessons from Dulay v. People
The Supreme Court's ruling in Dulay v. People clarifies estafa by deceit in property transactions and the buyer's duty to verify ownership.
Novation in Philippine Estafa Cases: When Settlements Prevent Criminal Liability
Learn when amicable settlements can extinguish criminal liability for estafa under Philippine law, based on the Supreme Court's ruling in Sorongon v. People.
Probable Cause in Estafa Cases: Insights from Favis-Velasco v. Gonzales
Learn how the Supreme Court defined probable cause in estafa cases and why solid evidence matters in fraud complaints.
Conspiracy and Probable Cause: When Presence Alone Does Not Imply Guilt in Fraud Cases
Mere presence at a meeting does not prove conspiracy in estafa cases. The Supreme Court explains what evidence is needed.
Venue in Estafa Cases: Where Does a Bouncing Check Crime Occur?
The Supreme Court clarifies that in estafa cases involving bouncing checks, venue lies where the check was issued and dishonored, not where negotiations occurred.
Estafa Under Trust Receipt Agreements: The Osental Case and PD 115
Failure to comply with a trust receipt agreement can lead to estafa charges. Learn the rules from the Osental case.
One Specific Offense Rule: Search Warrants and the Limits of General Warrants
The Supreme Court nullified a search warrant covering both the Securities Regulation Code and estafa, affirming the one-specific-offense rule.
Attorney Disbarred for Gross Misconduct and Willful Disobedience to Court Orders
A lawyer's unauthorized use of a client's property for bail bonds, plus defiance of court orders, leads to disbarment.
Partnership vs Estafa: When a Partner's Misappropriation Becomes a Crime
The Supreme Court clarifies when a partner's failure to account for funds crosses from civil liability to criminal estafa under Philippine law.
When a "Lawyer" Is Not a Lawyer: Due Process and the Right to Counsel in Criminal Cases
The Supreme Court voids a conviction where the accused was represented by a fake lawyer, stressing the absolute right to counsel.
Estafa Acquittal: When Lack of Proof of Deceit and Reliance Wins the Case
A look at Ison v. People, where the Supreme Court acquitted an accused of estafa for failure to prove deceit and reliance beyond reasonable doubt.
Theft vs. Estafa: When Employee Misappropriation Is Not Estafa (Benabaye Doctrine)
The Supreme Court in Benabaye v. People clarifies when an employee's misappropriation of funds is theft, not estafa, based on possession.
Cashier's Liability in Estafa: Reassessing Juridical Possession in Misappropriation Cases
The Supreme Court clarifies when a corporate officer's possession of entrusted funds constitutes juridical possession for estafa liability.
Breach of Public Trust: Official Position Cannot Shield Criminal Acts
Philippine Supreme Court affirms conviction of municipal treasurer for graft and estafa, ruling public office cannot shield criminal acts.
Unraveling Estafa: The Supreme Court's Stance on Misappropriation and Probable Cause
A look at Burgundy Realty v. Reyes, where the Supreme Court clarified the elements of estafa and the low bar for probable cause in preliminary investigations.
Attempted Estafa in the Philippines: Proving Intent to Defraud and Penalties
Learn how Philippine courts prove intent to defraud in attempted estafa cases, the elements of the crime, and the applicable penalties under the Revised Penal Code.
Bouncing Checks and Civil Liability: Why You Can't Sue Separately for a BP 22 Violation in the Philippines
Learn why a bounced check can lead to estafa prosecution, not just BP 22, and what this means for your civil remedies.
Conviction for a Different Crime: When Courts Can Convict You of an Uncharged Offense
Philippine Supreme Court explains when a conviction for an offense not charged in the Information is valid under the Rules of Court.