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.
Double Jeopardy in the Philippines: When an Acquittal Becomes Final
Philippine law protects acquitted persons from retrial through double jeopardy. Learn the rule, its narrow exceptions, and key case law.
Tax Evasion in the Philippines: When Can the Government Collect Without an Assessment
The Supreme Court clarifies when the BIR can collect deficiency taxes without a formal assessment in criminal tax evasion cases.
Probable Cause and Dismissal: Examining Double Murder Charges in Montilla v. People
The Supreme Court clarifies judicial probable cause, venue vs. jurisdiction, and dismissal of double murder charges in Montilla v. People.
Accountability in Public Office: Non-Remittance of GSIS Contributions and the Boundaries of Criminal Liability
The Supreme Court clarifies when public officials face criminal liability for unremitted GSIS contributions, distinguishing violations of RA 8291 from graft under RA 3019.
Probable Cause and the Ombudsman: When Courts Defer to Prosecutorial Discretion
The Supreme Court affirms the Ombudsman's probable cause findings in public official cases, reinforcing judicial restraint absent grave abuse of discretion.
When Delay Becomes Inordinate: Ombudsman's Slow Probe Nullifies Graft Indictment
The Supreme Court nullified a graft indictment against Southern Leyte officials, ruling the Ombudsman's 1,370-day preliminary investigation violated their right to speedy disposition.
Understanding Unfair Competition in the Philippines: Lessons from a Landmark Supreme Court Case
A look at unfair competition under the Intellectual Property Code, explained through a 2021 Supreme Court ruling on confusingly similar products.
Probable Cause and Conspiracy: When Presence Alone Does Not Mean Guilt in Insurance Fraud
Supreme Court clarifies that mere presence and family ties do not establish conspiracy or probable cause in insurance fraud cases.
Preliminary Investigation Is a Substantive Right: Lessons from Palacios v. People
The Supreme Court rules that denying a reinvestigation based on procedural guidelines violates due process when the accused was never notified.
Judicial Review of Probable Cause: Safeguarding Against Hasty Prosecution
The Supreme Court affirms the Sandiganbayan's power to dismiss criminal cases when evidence fails to establish probable cause against accused public officials.
Right to Preliminary Investigation: When the Ombudsman's Failure to Serve the Complaint Violates Due Process
The Supreme Court rules that withholding the complaint affidavit during preliminary investigation violates the accused's constitutional right to due process.
Theft Charges and Double Jeopardy: Why the Right Charge Matters
A conviction for consummated theft was reduced to attempted theft because the information only charged frustrated theft. Learn why proper charges matter.
Technical Malversation: Intent Not Required for Illegal Use of Public Funds
Supreme Court clarifies that illegal use of public funds under does not require intent, only the diversion of funds to another public purpose.
Probable Cause in Graft Cases: SC Upholds Ombudsman's Discretion
The Supreme Court affirms the Ombudsman's broad discretion in determining probable cause for graft charges under R.A. 3019.
Double Jeopardy in Philippine Courts: When a Case Dismissal Is Not Final
Explaining the Supreme Court's ruling in Cerezo v. People on double jeopardy, valid case dismissals, and when courts may reopen criminal cases.
Double Jeopardy and Demurrer to Evidence: When Prosecution Appeals Are Barred
The Supreme Court explains when the prosecution cannot appeal an acquittal and why certiorari, not appeal, is the proper remedy.
Conspiracy and Falsification: Probable Cause in Private Document Cases
How the Supreme Court clarified that conspiracy allegations in falsification cases need only probable cause at preliminary stages, not proof beyond reasonable doubt.
Ombudsman's Discretion to Prosecute Public Officials: Galario v. Ombudsman
When can the Ombudsman charge a different offense than what was complained of? The Supreme Court explains in Galario v. Ombudsman.
Private Parties and Conspiracy Under Section 3(g) of RA 3019 Explained
The Supreme Court clarifies that private individuals may be charged with Section 3(g) of the Anti-Graft Law when conspiring with public officers.
Double Jeopardy in Philippine Courts: When a Case Dismissal Protects You from Retrial
Understand when a case dismissal bars retrial under Philippine double jeopardy rules, explained through the Supreme Court's ruling in Benares v. Lim.
Behest Loans and the Ombudsman's Discretion: When Courts Refuse to Intervene
The Supreme Court affirms the Ombudsman's dismissal of behest loan charges against DBP officials, underscoring the wide discretion given to the Ombudsman in determining probable cause.
Parental Authority vs Child's Rights: Rape by a Father and the Limits of Criminal Allegations
Father convicted of raping his 14-year-old daughter twice; Supreme Court affirms guilt but reduces death penalty to reclusion perpetua for procedural defects in the information.
Rape Conviction Stands Even Without Physical Injury: Absence of Genital Wounds Does Not Mean Consent
Philippine Supreme Court ruling: rape of a mentally incapacitated victim needs no genital injury; absence of wounds does not imply consent.
Illegal Possession of Firearms: Essential Elements and Double Jeopardy Explained
Understand the essential elements of illegal possession of firearms under PD 1866, as amended by RA 8294, and when double jeopardy applies.