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 147 articles for article 33

Protecting Children from Physical Abuse: The Scope of RA 7610 and the Need to Prove Qualifying Circumstances

The Supreme Court clarifies when physical abuse of children falls under RA 7610 and why qualifying circumstances in rape must be proven beyond reasonable doubt.

Understanding Child Sexual Abuse and Lascivious Conduct: Insights from a Landmark Philippine Supreme Court Cas

A 2020 Supreme Court ruling clarifies when acts of lasciviousness against children under 12 are punished under RA 7610 and the Revised Penal Code.

When an Acquittal Does Not Bar Damages: Article 33 Civil Actions in the Philippines

An acquittal based on reasonable doubt does not bar a separate civil action for damages under Article 33 of the Civil Code. Learn the rules.

Protecting Children: Credibility of Testimony in Lasciviousness Cases

The Supreme Court affirms that a child victim's credible testimony alone can convict in lasciviousness cases, and clarifies penalties under RA 7610.

Acts of Lasciviousness Under RA 7610: Scope of Child Sexual Abuse Defined

The Supreme Court clarifies when acts of lasciviousness fall under RA 7610's child abuse provisions, not just the Revised Penal Code.

Protecting Childhood: Defining Carnal Knowledge in Statutory Rape Cases

The Supreme Court clarifies that slight penetration suffices for statutory rape, protecting child victims like a four-year-old in this case.

Child Witness Testimony and Competency in Philippine Rape Cases

How the Supreme Court affirmed a rape conviction based on a four-year-old child's testimony, clarifying competency and hearsay rules.

Rape With a Deadly Weapon: When the Charge Must Be Upgraded to Qualified Rape

The Supreme Court clarifies when rape with a deadly weapon or by multiple offenders becomes qualified rape, raising the penalty.

Independent Civil Actions and Criminal Liability: Prejudicial Questions in Estafa Cases

When does a civil case suspend a criminal prosecution? The Supreme Court clarifies the prejudicial question rule in estafa cases.

Rape and Acts of Lasciviousness: Understanding the Nuances and Penalties

A father's conviction clarifies the line between rape by sexual assault and acts of lasciviousness under Philippine law, and the penalties each crime carries.

Moral Ascendancy in Rape Cases: Understanding Consent and Legal Implications in the Philippines

The Supreme Court explains how moral ascendancy replaces force in incestuous rape, and clarifies the applicable law and damages.

Protecting the Vulnerable: Statutory Rape and the Primacy of the Victim's Testimony

The Supreme Court affirms a statutory rape conviction, explaining why a credible victim's testimony outweighs minor inconsistencies and medical report details.

Guilty Plea Lasting Impact Rape Conviction Stands Despite Procedural Errors

Supreme Court rules an improvident guilty plea does not void a rape conviction when credible evidence independently supports it.

Confession and Circumstantial Evidence Sustaining Conviction in Rape with Homicide Cases

The Supreme Court explains when a spontaneous confession is admissible and how circumstantial evidence alone can prove rape with homicide.

Affinity Survives Death But Not Falsification: Estafa and Article 332

The Supreme Court rules on whether a son-in-law can invoke the Article 332 exemption from criminal liability for estafa after his wife's death.

Moral Ascendancy in Rape Cases: The Duty of Care and Protection

Philippine Supreme Court ruling on how moral ascendancy substitutes for force in rape, and the duty of a mother's live-in partner.

Rape Conviction Affirmed: Credible Testimony and the Sweetheart Defense

Supreme Court affirms rape conviction, explaining how credible victim testimony outweighs the sweetheart defense in Philippine criminal law.

Rape Conviction Affirmed: The Sweetheart Defense in Philippine Law

The Supreme Court affirms a rape conviction, rejecting the sweetheart defense and clarifying that love is not a license for non-consensual sex.

Sexual Assault Credibility and Victim Rights in Philippine Rape Cases

How Philippine courts assess victim credibility in sexual assault cases, safeguard victim rights, and determine proper charges and penalties.

Statutory Rape: Protecting Children and Ensuring Due Process in Criminal Law

A father's conviction for statutory rape upheld, but due process requires every element—including relationship—be alleged in the information.

Circumstantial Evidence and DNA in Rape with Homicide: When Conviction Stands Beyond Reasonable Doubt

The Supreme Court affirms a rape-with-homicide conviction based on circumstantial evidence, explaining when inconclusive DNA results do not warrant acquittal.

Rape Conviction Affirmed: Victim Testimony and Intimidation in Sexual Assault Cases

The Supreme Court affirms a rape conviction, explaining how victim testimony, intimidation, and corroborating evidence establish guilt beyond reasonable doubt.

Protecting the Innocent: Statutory Rape and the Incapacity of Minors to Consent

Explaining statutory rape under Philippine law, why minors cannot legally consent, and how courts protect child victims.

Credibility of Witness Testimony in Rape Cases: Establishing Guilt Beyond Reasonable Doubt

Philippine Supreme Court ruling on how victim credibility determines guilt beyond reasonable doubt in statutory rape cases.