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 119 of 19 articles for graft

Graft and Malversation: When Private Funds Become Public Funds Under Philippine Law

The Supreme Court clarifies when private funds become public funds and defines liability for graft and malversation in Arcelo v. People.

Graft Conviction Overturned: Undue Injury and Burden of Proof Under RA 3019

When does a procurement violation become graft? The Supreme Court clarifies undue injury and the burden of proof under Section 3(e) of RA 3019.

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.

Case-Fixing in the Ombudsman: When Dishonesty Leads to Dismissal from Service

The Supreme Court affirms that case-fixing in the Ombudsman warrants dismissal, clarifying the standards of conduct for public servants.

Ghost Employees and Graft Liability: The Supreme Court’s Standard in People v. Reales

The Supreme Court clarifies the burden of proof in ghost employee corruption cases, protecting honest public officials from wrongful conviction.

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.

Behest Loans in the Philippines: Understanding Anti-Graft Law and Due Diligence

Learn how Philippine courts define behest loans, the role of RA 3019, and why loan repayment does not erase potential graft liability.

Condonation Doctrine: Limits on Administrative Liability for Re-elected Officials

The Supreme Court clarifies the condonation doctrine's scope, applying it only to elected officials re-elected before April 12, 2016.

Graft Acquittal: Why Procurement Lapses Alone Do Not Prove Corruption

Supreme Court acquits municipal officials of graft despite procurement lapses, clarifying the strict proof required under Section 3(e) of RA 3019.

Malversation and Falsification: What the Cabarios Acquittal Means for Public Officials

The Supreme Court's Cabarios ruling clarifies the proof needed to convict public officials of malversation and falsification of public documents.

Malversation and Anti-Graft Laws: Lessons from Sarion v. People on Public Fund Management

A Supreme Court ruling on malversation clarifies the duty of public officials to verify disbursements, with key lessons for government and contractors.

When Military and Civilian Tribunals Collide: Jurisdiction in AFP Misconduct Cases

The Supreme Court clarifies how concurrent jurisdiction works between the Ombudsman and military courts in administrative cases against AFP personnel.

Administrative Jurisdiction in the Philippines: Ombudsman, PAGC, and the CSC Appeal Route

A 2011 Supreme Court ruling clarifies concurrent jurisdiction among anti-graft bodies and why appeals must go to the CSC first.

Ombudsman Jurisdiction Over GOCCs: The Original Charter Requirement

The Supreme Court limits Ombudsman jurisdiction over GOCCs to those with original charters, not corporations merely acquired by government.

Defective Verification and Forum Shopping Certification: Why Cases Get Dismissed in Philippine Courts

Learn how defective verification or certification against forum shopping can get a case dismissed in Philippine courts, based on Loquias v. Ombudsman.

Sandiganbayan Jurisdiction Over Local Officials: The Salary Grade 27 Rule Explained

Learn how the Supreme Court ruled that a public official's position classification, not actual salary, determines Sandiganbayan jurisdiction.

Writ of Possession in Expropriation: When Demolition Is Implied | Philippine Law

In expropriation cases, a writ of possession can include the power to demolish structures. Learn the rule from Knecht v. Desierto.

Preliminary Investigation as a Substantive Right: The Duterte v. Sandiganbayan Doctrine

The right to preliminary investigation is substantive, not a mere formality. Duterte v. Sandiganbayan shows how its violation can void criminal charges.

Conflict of Interest Under RA 3019: The Domingo Case on Public Office Integrity

A mayor's conviction for conflict of interest under RA 3019 Section 3(h) shows why public officials must avoid even the appearance of impropriety.