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.
Get a cited, plain-language answer from 184,000+ statutes and decisions — free, no sign-up.
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.
Understanding Judicial Misconduct and the Limits of Affidavits of Desistance in the Philippines
A Supreme Court ruling explains when affidavits of desistance fail to absolve an accused and clarifies penalties for estafa and graft.
Affidavit of Desistance in Rape Cases: Supreme Court Scrutiny and Victim Credibility
Supreme Court affirms rape conviction despite affidavit of desistance, ruling recanted affidavits are unreliable and victim testimony credible.
Rape Conviction Affirmed: The Uneasy Weight of Recanted Testimony
Philippine Supreme Court affirms rape conviction despite the victim's affidavit of desistance, explaining why recanted testimony is viewed with suspicion.
Theft by Deceit Conviction Stands Despite Missing Testimony and Affidavit of Desistance
Supreme Court affirms estafa conviction even with missing transcript and complainant's affidavit of desistance, clarifying key criminal procedure rules.
Protecting the Vulnerable: Upholding Conviction in Child Rape Case Despite Retraction
Philippine Supreme Court affirms child rape conviction despite victim's retraction, explaining why affidavits of desistance carry little weight in criminal cases.
Court Employee Dismissed for Gross Misconduct Over Bribe Demand
In Malabanan v. Metrillo, the Supreme Court held that resigning and a complainant's desistance do not bar administrative liability for gross misconduct.
Affidavits of Desistance: When Can Employees Reclaim Their Rights?
Philippine Supreme Court ruling on when affidavits of desistance or quitclaims in labor cases are invalid and employees can pursue their claims.
Court Personnel Misconduct: When Desistance Does Not Erase Administrative Liability
A clerk of court who solicited fees from a litigant was suspended for seven months, showing that withdrawal of complaints does not end administrative cases.
Desistance Does Not Automatically Dismiss a Disbarment Case Against a Lawyer
A complainant's change of heart does not automatically end a disbarment case. The Supreme Court explains when dismissal is still proper.
Parental Rights vs Child’s Affidavit of Desistance: Protecting Minors in Legal Proceedings
A judge was fined for dismissing a rape case based on a minor’s affidavit of desistance without parental consent or notice. Key family law lessons.
When an Affidavit of Desistance Fails: Upholding Witness Testimony in Criminal Cases
The Supreme Court explains why a belated affidavit of desistance cannot overturn a conviction based on credible witness testimony.
Affidavits of Desistance: When Do They Overturn a Guilty Verdict?
When can an affidavit of desistance overturn a guilty verdict? The Supreme Court explains in Santos v. People.
Credibility of Rape Victims: Affidavit of Desistance and Delay in Reporting
Philippine Supreme Court ruling on why delayed reporting and affidavits of desistance do not automatically destroy a rape victim's credibility.
Affidavit of Desistance in Rape Cases: Overcoming Coercion and Protecting Victims
Philippine Supreme Court ruling on when an affidavit of desistance in rape cases is coerced and how courts protect victims from intimidation.
Rape With Deadly Weapon Intimidation Consent And The Boundaries Of Legal Proof
Philippine Supreme Court ruling on rape with intimidation, deadly weapon, desistance, alibi, and proof of minority.
Rape and Credibility: How Courts Evaluate Testimony in Sexual Assault Cases
Philippine Supreme Court explains how trial courts assess rape victim testimony, identity, delay in reporting, and affidavit of desistance.
Why Affidavits of Desistance Often Fail in Philippine Rape Cases
Philippine courts frown on affidavits of desistance in rape cases. This article explains why recantations rarely overturn convictions.
The Power of Witness Testimony: Understanding Credibility in Philippine Murder Cases
How Philippine courts weigh witness credibility in murder cases, and why affidavits of desistance rarely defeat solid prosecution testimony.
When an Affidavit of Desistance Cannot Dismiss a Rape Case: Due Process Lessons
A rape conviction was voided for lack of due process; an affidavit of desistance filed after case institution does not warrant dismissal.
Parricide in the Philippines: Proving Marriage and the Effect of an Affidavit of Desistance
The Supreme Court explains how to prove marriage in parricide cases and why an affidavit of desistance does not erase criminal liability.
Affidavits of Desistance and Witness Recantations: Their Limited Impact on Philippine Criminal Cases
Philippine courts view affidavits of desistance and witness recantations with disfavor. Learn why from People v. Ballabare.