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 50 articles for criminal procedure

Defective Information in VAWC Cases: When Lack of Specificity Leads to Acquittal

The Supreme Court acquitted a VAWC accused because the Information failed to allege mental or emotional anguish, a crucial element under Section 5(i) of RA 9262.

Death of the Accused and Criminal Liability: The Rodriguez v. Elorde Ruling

When an accused dies before final judgment, criminal liability is extinguished. But civil liability may survive—here's how.

Scattershot Search Warrants: The “One Specific Offense” Rule Explained

When does a search warrant become an invalid “scattershot” warrant? The Supreme Court clarifies the “one specific offense” rule in Puguon v. People.

Speedy Disposition of Cases: When Delays Lead to Dismissal in the Philippines

Learn how the Supreme Court protects the right to speedy disposition of cases, and when unreasonable delays can lead to dismissal of criminal charges.

Chain of Custody in Drug Cases: How a Broken Link Leads to Acquittal

A broken chain of custody can overturn drug convictions. Learn the strict rules under RA 9165 and what the Cordova ruling means.

Motion to Withdraw Information: When Courts Must Assess Evidence Before Dismissal

Courts must independently assess evidence before granting a motion to withdraw information. Learn the rules from a recent Sandiganbayan case.

Double Jeopardy in the Philippines: When an Acquittal Becomes Final

Philippine law protects acquitted persons from retrial through double jeopardy. Learn the rule, its narrow exceptions, and key case law.

Defective Informations and Qualifying Circumstances: Lessons from People v. Pilen

The Supreme Court's ruling in People v. Pilen clarifies when defective Informations waive objections and how treachery is proven.

Prejudicial Question in the Philippines: Suspension, Not Dismissal, of Criminal Cases

A prejudicial question suspends, not dismisses, a criminal case. Learn the rule from a recent Supreme Court ruling.

Omission of Drug Quantity in Information: Can Conviction Still Stand?

The Supreme Court clarifies when an Information's failure to state drug quantity affects conviction and penalty in drug cases.

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.

Inordinate Delay and the Right to Speedy Disposition of Cases in the Philippines

Learn how the Supreme Court protects your right to speedy disposition of cases, explained through the landmark Campa, Jr. v. Paras ruling.

Fruit of the Poisonous Tree Doctrine: When Illegal Searches Taint Evidence in Administrative Cases

The Supreme Court ruled that evidence from an illegal search cannot be used in administrative proceedings, reinforcing the exclusionary rule's reach.

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.

Unfair Competition as a Continuing Offense: What the Petron v. Yao Ruling Means

The Supreme Court clarifies when selling counterfeit goods is a continuing offense, affecting jurisdiction and prosecution strategy.

Reasonable Doubt and Acquittal: Inconsistent Testimonies in Philippine Homicide Cases

How inconsistent prosecution testimonies can create reasonable doubt and lead to acquittal in Philippine homicide cases, as shown in Balina v. People.

Moral Ascendancy in Rape Cases: What the Supreme Court Ruling Means

A 2020 Supreme Court ruling clarifies how moral ascendancy can replace force or intimidation in rape cases involving relatives.

The 60-Day Rule on Suspension of Arraignment: A Philippine Supreme Court Case Insight

Learn how the 60-day limit on suspending arraignment under Rule 116 protects the right to speedy trial, explained through a 2020 Supreme Court ruling.

When Procedural Lapses Yield to Substantial Justice: The Latogan Doctrine

The Supreme Court in Latogan v. People relaxed procedural rules to prevent a grave injustice, protecting a defendant's right to appeal a murder conviction.

Custodial Investigation and Confessions in Qualified Theft: People v. Cabanada

When does a police interview become custodial investigation? People v. Cabanada clarifies Miranda rights and confession admissibility in theft cases.

Defective Information Reduces Direct Assault Conviction to Homicide

A missing element in the information reduced a direct assault conviction to homicide, underscoring the constitutional right to be informed of charges.

Trademark Infringement and Probable Cause: When the Secretary of Justice Abuses Discretion

The Supreme Court clarifies when courts may override the Secretary of Justice's dismissal of trademark infringement complaints for grave abuse of discretion.

Falsification of Private Documents: Where Venue Lies Under Philippine Law

Philippine Supreme Court clarifies that venue for falsification of private documents is where the falsification occurred, not where the document was used.

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.