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 120 of 20 articles for expert witness

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.

Ombudsman's Discretion, Due Process, and Probable Cause in Public Funds Misuse Cases

The Supreme Court affirms the Ombudsman's wide discretion in finding probable cause for misuse of public funds, explaining due process limits in preliminary investigations.

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.

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.

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.

Understanding Psychological Violence Under the Anti-VAWC Act: Insights From a Landmark Case

The Supreme Court clarifies when marital infidelity becomes psychological violence under R.A. 9262, and what proof is needed for conviction.

Forged Signatures and Land Titles: Proving Fraud in Philippine Property Cases

The Supreme Court clarifies what evidence is needed to prove forged signatures in land transactions and reconveyance claims.

Seafarer Death Benefits Proving Work Relatedness After Contract Termination

Philippine Supreme Court clarifies when seafarers' heirs can claim death benefits for illnesses manifesting after contract expiry.

Balancing Development and Ecology: The Limits of Environmental Protection Orders in Mining Disputes

The Supreme Court clarifies when a Writ of Kalikasan may issue in mining disputes, requiring proof of environmental damage of magnitude affecting two or more provinces.

Psychological Incapacity Under Article 36: When Falling Out of Love Is Not Enough

The Supreme Court clarifies the distinction between questions of fact and law in Article 36 nullity cases, and what evidence proves psychological incapacity.

Medical Negligence: Establishing the Standard of Care in Anesthesia

The Supreme Court clarifies when res ipsa loquitur applies in medical negligence cases and why expert testimony on the standard of care remains essential.

Forgery Undermines Real Estate Sale: Protecting Property Rights in the Philippines

The Supreme Court explains how forged deeds transfer no rights, and why good faith buyers can still be protected under Philippine property law.

The Expert Witness Imperative: Proving Medical Negligence in the Philippines

Philippine courts require expert medical testimony to prove negligence in most malpractice cases. Learn the rules and practical steps.

DNA Evidence and Paternity: Establishing Paternity Beyond Reasonable Doubt in Rape Cases

How the Supreme Court first applied the DNA Rules to confirm paternity and uphold a rape conviction.

Structural Integrity vs Superficial Damage: What Property Buyers Must Know About Warranties

Philippine Supreme Court ruling clarifies when cracks and leaks in a purchased property justify a refund or damages under the law.

Homicide or Reckless Imprudence: Intent Matters in Philippine Criminal Law

The Supreme Court explains when a fatal act is homicide versus reckless imprudence, focusing on criminal intent.

Erroneous Identification Leads to Acquittal Safeguarding Due Process in Criminal Proceedings

The Supreme Court acquits a murder convict when a suggestive police showup and unreliable eyewitness identification violate due process.

Conspiracy and Consent: Examining the Elements of Rape in Philippine Law

The Supreme Court clarifies rape elements, consent, and qualifying circumstances in a father's conviction for raping his 10-year-old daughter.

Consensual Encounter or Rape: Navigating the Fine Line of Consent in Philippine Law

The Supreme Court acquits a jeepney driver of rape, explaining when courts may treat sexual intercourse as consensual despite a complainant's allegations.

Reasonable Doubt in Rape Cases: Why Strong Prosecution Evidence Is Crucial in Philippine Courts

Philippine Supreme Court acquits rape accused on reasonable doubt, explaining why prosecution evidence must stand on its own merit.