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 170 articles for overt act

Passion and Obfuscation in Parricide: The Singcol Case and Limits of Self-Defense

The Supreme Court in People v. Singcol clarifies self-defense limits, passion and obfuscation as a mitigating circumstance, and treachery in murder.

Double Jeopardy and Parental Rape: What the Supreme Court Clarified in G.R. No. 262846

The Supreme Court clarifies double jeopardy in criminal appeals and affirms a father's rape conviction in G.R. No. 262846.

Conspiracy Requires Overt Acts: Acquittal Stands in Maguindanao Massacre Case

Supreme Court affirms acquittal in Maguindanao massacre case, ruling mere approval of a criminal plot without overt acts cannot establish conspiracy.

Kidnapping for Ransom in the Philippines: Liability and Conspiracy Explained

The Supreme Court clarifies kidnapping for ransom liability, conspiracy, and penalties in People v. Olidan (G.R. No. 263920).

Premarital Pregnancy and Employee Rights: Illegal Suspension in the Philippines

Supreme Court rules suspending a teacher for premarital pregnancy is illegal; secular morality governs employment discipline in the Philippines.

Land Title Registration in the Philippines: Navigating Imperfect Titles After R.A. 11573

The Supreme Court clarifies how R.A. 11573 eases proof requirements for land registration, remanding a Pasig City case for new evidence.

Bill of Particulars in Philippine Criminal Procedure: What Enrile v. Sandiganbayan Teaches

The Supreme Court clarifies the role and limits of a bill of particulars in criminal cases, and the remedies available to an accused.

Marijuana Cultivation and Chain of Custody: Key Lessons from a 2024 Supreme Court Ruling

A 2024 Supreme Court ruling clarifies what counts as marijuana cultivation and why broken chain of custody leads to acquittal.

When Is an Accusation Enough? Conspiracy and Probable Cause After the Pastor Case

The Supreme Court clarifies when a co-accused's confession can establish conspiracy and probable cause, and when it cannot.

Unlawful Arrests and Illegal Searches: Protecting Constitutional Rights in Firearm Possession Cases

The Supreme Court acquits a man convicted of illegal firearm possession, ruling that a warrantless search based on a traffic violation and a hunch violates constitutional rights.

Tolerance vs Title: Resolving Possession Disputes in Unlawful Detainer Cases

When does tolerated possession become unlawful detainer? The Supreme Court clarifies that a notice of adverse claim does not defeat a prior possessor's right to eject occupants.

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.

Illegal Dismissal Claims Survive Employee's Death: Heirs May Substitute

Philippine Supreme Court clarifies that illegal dismissal complaints are imbued with public interest, allowing heirs to substitute deceased complainants.

Attempted Trafficking in Persons: When Simulating a Birth and Taking Custody of a Child Leads to Conviction

The Supreme Court explains when simulating a birth and acquiring custody of a child constitutes attempted trafficking in persons under Philippine law.

Constructive Dismissal: Protecting Employees From Unjust Working Conditions

The Supreme Court explains constructive dismissal, abandonment, and when harsh working conditions amount to illegal termination under Philippine law.

Unlawful Arrest and the Exclusionary Rule: Protecting Rights Against Illegal Marijuana Seizure

Supreme Court acquits in marijuana cultivation case, ruling that evidence from an unlawful warrantless arrest is inadmissible.

Understanding Fraudulent Property Inclusion Insights From A Landmark Supreme Court Decision

A Supreme Court ruling clarifies when ejectment suits fail and why repeated demands don't reset the one-year filing period.

Reasonable Doubt Prevails When A Threat Doesnt Meet THE Legal Threshold

The Supreme Court acquits an OMB chairman of graft when conspiracy rests on hearsay, while affirming a subordinate's conviction.

Conspiracy and Graft: Probable Cause Against Private Individuals in Anti-Graft Cases

When can a private person be charged with graft under RA 3019? The Supreme Court clarifies the conspiracy requirement in Arroyo v. Sandiganbayan.

Burden of Proof in Labor Disputes: Employer's Duty to Prove Wage Payments

In FLB Construction v. Trinidad, the Supreme Court reaffirms that employers bear the burden of proving wage payments in labor disputes.

When One Is Liable for All: Conspiracy in Gang Rape Under Philippine Law

The Supreme Court clarifies that in conspiracy, each accused is liable for all acts of rape committed by co-conspirators, even those at large.

Obstruction of Justice and the Lawyer's Duty: De Leon v. Luis

A lawyer's failure to report a client with a standing warrant is not obstruction of justice absent clear intent to harbor or conceal.

Understanding Intent in Child Abuse Cases: The Role of Specific Intent in Philippine Law

Philippine law requires specific intent for child abuse convictions. Learn how courts determine criminal intent in these sensitive cases.

Probable Cause and Syndicated Estafa: Key Insights from a Landmark Philippine Supreme Court Case

The Supreme Court clarifies probable cause, syndicated estafa, and conspiracy in Debuque v. Nilson, a landmark ruling on criminal procedure.