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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Rape THE Nuances OF Force AND Consent IN Philippine LAW
Consent and Credibility in Rape Cases: Lessons from Philippine Jurisprudence
A 1997 Supreme Court ruling on rape underscores how victim credibility and positive identification shape convictions, offering key lessons for criminal law.
Rape Conviction Affirmed: Fear and Moral Ascendancy Overcome Claim of Consensual Affair
Philippine Supreme Court affirms uncle's rape conviction, ruling that a victim's fear and an accused's moral ascendancy defeat claims of consent.
Balancing Rights When A Consented Search Leads To Drug Possession Conviction
A consented search can validate a warrantless seizure, but "giving away" drugs requires more than handing a bag. Learn the rules.
Consent and Intimidation in Rape Cases: Lessons from People v. Antido
The Supreme Court's ruling in People v. Antido clarifies how consent and intimidation are weighed in rape prosecutions.
Assigning Lease Rights When IS Consent Required IN THE Philippines
Philippine Supreme Court clarifies when a lessee can assign lease rights, including a right of first option, without the lessor's consent.
Consent and Rape: When Mental Retardation Negates Valid Consent
Philippine Supreme Court ruling on rape of a mental retardate and why apparent consent does not negate criminal liability.
Rape of a Person Deprived of Reason: Consent and Mental Capacity in Philippine Law
Philippine law treats carnal knowledge of a woman deprived of reason as rape, regardless of apparent consent. This case explains why.
Statutory Rape in the Philippines: When Consent and Penetration Are Not Required
A 1997 Supreme Court ruling clarifies that in statutory rape, penetration need only be slight and the victim's consent is immaterial.
Rape and Consent: Force, Intimidation, and Victim Testimony in Philippine Law
How Philippine courts assess force, intimidation, and victim testimony in rape cases, explained through a landmark Supreme Court ruling.
Warrantless Searches When Consent Makes Evidence Admissible in the Philippines
Learn when warrantless searches are valid in the Philippines, including consent searches, and how buy-bust operations affect evidence admissibility.
Rape and Consent: How Philippine Law Treats Force, Intimidation, and a Victim's Testimony
In People v. Rabosa, the Supreme Court affirmed a father's rape conviction and explained why physical resistance, healed lacerations, and calm behavior do not defeat a victim's testimony.
Void Contracts: When Lack of Consent Invalidates a Sale
A sale by an unauthorized board is void. Learn the consent requirement in Philippine contract law from this Supreme Court ruling.
Squatting Rights: When Tolerance Does Not Mean Consent in Philippine Property Law
Philippine Supreme Court clarifies that sharing harvests or tolerating possession does not create ownership rights or consent to squatting.
Rape Conviction Upheld: Force and Consent Under Philippine Law
The Supreme Court explains why a "sweethearts" defense does not negate force in rape, and how resistance is measured.
Mistake in Contracts: When Can a Sale Be Annulled?
Philippine Supreme Court explains when a mistake in the object of a sale can invalidate consent and allow annulment of the contract.
Rape Conviction: The Nuances of Penetration and Consent in Philippine Law
The Supreme Court clarifies that slight penetration suffices for rape, and intimidation can substitute for physical resistance.
Annulment of Contracts: Fraud and Consent in Philippine Law
Philippine Supreme Court explains when fraud vitiates consent in contracts, using a land sale case as example.
Rape Conviction Upheld: Consent, Intimidation, and Delay in Reporting Explained
The Supreme Court affirms a rape conviction, clarifying how intimidation works, why delayed reporting is not fatal, and how consent is judged.
Protecting Minors: Understanding Statutory Rape Laws in the Philippines
A look at statutory rape under Philippine law through the case of a 7-year-old victim, explaining the rules on consent, penetration, and evidence.
Rape and Consent: Force, Intimidation, and the Victim's Response in Philippine Law
Philippine Supreme Court clarifies that a rape victim's lack of resistance does not imply consent, especially when force or intimidation is used.
Consent and Rape: Understanding the Nuances of Sexual Assault in the Philippines
The Bawar case shows how Philippine courts weigh consent, credibility, and behavior in rape cases—crucial for understanding sexual assault law.
Rape and Intimidation: When Silence Does Not Mean Consent in Philippine Law
Philippine Supreme Court clarifies that a rape victim's silence or lack of struggle does not negate force or intimidation, especially when threats and weapons are involved.
Rape and Incest: Understanding Consent and Familial Abuse in Philippine Law
The Supreme Court affirms a father's rape conviction but acquits him of a second count where the victim could not identify her attacker.