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 65 articles for expert testimony

Holographic Wills in the Philippines: Requirements and Validity

Learn the requirements for a valid holographic will in the Philippines, who can make one, and how to ensure it stands up in court.

Psychological Incapacity and the Value of Expert Reports in Philippine Marriage Nullity Cases

The Supreme Court clarifies when a psychological report can prove psychological incapacity under Article 36 of the Family Code.

Psychological Incapacity Under Article 36: Abandonment, Infidelity, and the Cabutaje Ruling

The Supreme Court clarifies proof requirements for psychological incapacity in the Cabutaje case, addressing abandonment, infidelity, and expert testimony.

Proving Causation in Homicide Cases: The Role of Medical Evidence in the Philippines

Philippine homicide cases require proof beyond reasonable doubt that the accused's actions caused death. Learn how the Supreme Court treats medical evidence and pre-existing conditions.

Psychological Incapacity: Abandonment and Absence as Evidence in Philippine Marriage Nullity Cases

The Supreme Court clarifies that decades of unjustified absence from the marital home can be considered part of the totality of evidence of psychological incapacity under Article 36 of the Family Code

Medical Malpractice in the Philippines: Proving Negligence After Nuñez vs. Daz

When is a bad medical outcome negligence? The Supreme Court's Nuñez ruling clarifies the high burden of proof in Philippine malpractice cases.

Psychological Incapacity and Expert Testimony: What Zamora v. Zamora Means for Nullity Cases

The Supreme Court clarifies that a psychological assessment report is not indispensable in nullity cases—totality of evidence is what matters.

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.

Forged Signatures and Municipal Liability: Just Compensation for Illegally Constructed Roads

When a municipality builds a road on private land based on a forged deed, the owner may be entitled to just compensation rather than removal of the road.

Probating a Foreign Will in the Philippines: Lessons from a Landmark Case

Learn the formalities for probating foreign wills in the Philippines, from a landmark Supreme Court case on foreign law proof.

Psychological Incapacity and Marital Nullity: Spousal Rights and Evidentiary Standards in the Philippines

The Supreme Court clarifies who may file for marital nullity based on psychological incapacity and the evidentiary standards required under Article 36.

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.

Res Ipsa Loquitur: Holding Nurses Accountable for Post-Operative Patient Negligence

Philippine Supreme Court applies res ipsa loquitur to hold nurses liable for a patient's death after post-operative care failures.

Psychological Incapacity: Proving Marital Nullity Through Totality of Evidence

The Supreme Court clarifies how totality of evidence, including expert testimony, can establish psychological incapacity under Article 36 of the Family Code.

Chronic Infidelity as Psychological Incapacity: Quiogue v. Quiogue Explained

The Supreme Court ruled that chronic infidelity rooted in a personality disorder can be psychological incapacity under Article 36 of the Family Code.

Beyond that makes it impossible for the spouse to understand and comply with essential marital obligations.

The Court emphasized that ordinary witnesses who observed the spouse's behavior before and during the marriage may testify. The judge then determines whether th

No-Spouse Employment Policies: Balancing Business Needs and Marital Rights in the Philippines

Philippine Supreme Court clarifies psychological incapacity rules in Laroco v. Laroco, reshaping how courts evaluate marriage nullity cases.

Psychological Incapacity Proving Marital Nullity Beyond Expert Testimony

The Supreme Court clarifies that psychological incapacity under Article 36 need not be proven by expert testimony alone, but the totality of evidence must still show grave, juridically antecedent, and

Navigating Psychological Incapacity in Philippine Marriages: Insights From a Landmark Ruling

The Supreme Court clarifies psychological incapacity under Article 36, Family Code, in a landmark ruling on marriage nullity.

Psychological Incapacity in Philippine Law: Understanding Marriage Nullity After Tan-Andal

The Supreme Court clarifies psychological incapacity as a legal concept in Halog v. Halog, easing proof requirements for marriage nullity under Article 36.

Psychological Incapacity as Annulment Ground in the Philippines After Tan-Andal

Understand psychological incapacity as an annulment ground under Article 36, Family Code, as clarified by Tan-Andal and applied in Halog v. Halog.

Understanding the Distinction Between Attempted and Frustrated Murder in Philippine Law

The Supreme Court clarifies when a shooting is attempted, not frustrated, murder—and why proving the wound's fatality matters.

Understanding the Insanity Defense: Key Insights from a Recent Philippine Supreme Court Ruling

A look at how Philippine courts assess insanity as a defense, based on a 2020 Supreme Court ruling that clarified the test for legal insanity.

Proving Foreign Divorce in the Philippines: The Authentication Requirement

Philippine courts require strict authentication of foreign divorce decrees and the alien spouse's national law before a Filipino can remarry.