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.
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Ascendancy and Abuse: Examining Parental Authority in Rape Cases
The Supreme Court affirms a father's rape conviction, explaining how parental authority can substitute for force and intimidation.
Moral Ascendancy in Incestuous Rape: No Need to Prove Force or Intimidation
In incestuous rape, a father's moral ascendancy substitutes for force and intimidation, so direct proof of violence is unnecessary.
Rape Conviction Affirmed: Credibility of Victim Testimony and Force in Philippine Law
Supreme Court affirms rape conviction of a police officer, ruling on victim credibility, force and intimidation, and alibi defenses.
Force and Intimidation in Rape Cases: Lessons from People v. Licaros
The Supreme Court's ruling in People v. Licaros clarifies how force and intimidation are proven in rape cases, emphasizing the power of a victim's credible testimony.
Moral Ascendancy as Force in Incestuous Rape: Protecting Vulnerable Victims
Supreme Court affirms incestuous rape conviction, ruling that a father's moral ascendancy substitutes for force and intimidation under Philippine law.
Rape and Intimidation: The Victim's Testimony and the Element of Fear in Philippine Law
The Supreme Court explains how force and intimidation in rape are judged from the victim's perspective, not by an objective standard.
Moral Ascendancy in Qualified Rape: How Step-Parents Breach Trust
The Supreme Court affirms that a step-parent's moral ascendancy can substitute for force and intimidation in qualified rape cases.
Rape Conviction Upheld Clarifying THE Application OF Force AND Intimidation IN Sexual Assault Cases
Rape Conviction Affirmed: Force and Intimidation Defined in Philippine Law
The Supreme Court clarifies force and intimidation in rape cases, affirming a conviction and increasing damages awarded to the victim.
Moral Ascendancy in Incestuous Rape: Upholding Protection for Child Victims
The Supreme Court affirms the conviction of a father for qualified rape, explaining how parental moral ascendancy substitutes for force and intimidation.
Rape Conviction Affirmed: Credibility of a Minor Victim's Testimony in Sexual Assault Cases
Supreme Court affirms rape conviction based on a minor's credible testimony, rejecting the sweetheart defense and clarifying force and intimidation requirements.
Rape and Consent: How the Sweetheart Defense Fails Against Proof Beyond Reasonable Doubt
Philippine Supreme Court explains why the sweetheart defense cannot defeat a rape conviction when the victim's testimony proves force and intimidation.
Challenging the Sweetheart Defense: Consensual vs Forced Intimacy in Philippine Rape Cases
Philippine Supreme Court ruling on when the "sweetheart defense" fails in rape cases, and how courts weigh consent against force and intimidation.
Reasonable Doubt in Rape Cases: Proving Force and Intimidation Under Philippine Law
The Supreme Court's acquittal in People v. Lumpayao shows why force, threat, or intimidation must be proven beyond reasonable doubt in rape cases.
Proving Rape in the Philippines: Force, Intimidation, and Rejecting the Sweetheart Defense
How Philippine courts weigh force and intimidation in rape cases, and why the sweetheart defense fails without solid proof.
Rape Conviction Upheld: Mental Retardation and the Assessment of Force and Consent
A Supreme Court ruling explains why a rape charge built on force and intimidation does not require the victim's mental retardation to be alleged in the information.
When Silence Does Not Mean Consent: Self-Defense and Resistance in Philippine Rape Law
In People v. Madeo, the Supreme Court explains why a rape victim's failure to shout or resist does not prove consent, and how force and intimidation are assessed.
Rape Conviction Upheld: Force and Intimidation Override Mental Capacity Concerns
The Supreme Court affirms a rape conviction in People v. Neverio, ruling that force and intimidation, not proof of mental retardation, sustain the guilty verdict.
Moral Ascendancy and Rape by a Father: The Nido Garte Case
How a father's moral ascendancy substitutes for force and intimidation in incestuous rape, explained through the Nido Garte ruling.
Force and Intimidation in Rape Cases: The Victim's Perspective Under the Anti-Rape Law
Examining how courts assess force and intimidation in rape cases through the victim's perspective, as illustrated in People v. Soriano.
Insufficient Information and Waiver of Rights in Philippine Rape and Lasciviousness Cases
Can a rape conviction stand if the information omits force and intimidation? People v. Candaza explains waiver under the omnibus motion rule.
When Moral Ascendancy Substitutes for Force in Statutory Rape Cases
The Supreme Court explains how a father figure's moral ascendancy can substitute for force and intimidation in rape convictions.
Due Process and the Right to Present Evidence: Lessons from People v. Oga
The Supreme Court acquits a rape accused, showing how the prosecution must prove force and intimidation beyond reasonable doubt.
Consent in Rape Cases: Force, Intimidation, and Credibility Under Scrutiny
The Supreme Court acquits a rape accused, explaining when lack of resistance signals consent and how courts test force and intimidation.