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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Conflict of Interest and Private Practice: Lessons from Lim-Santiago v. Sagucio
A disbarment case clarifies when a lawyer's past ties create a conflict and why government prosecutors cannot practice privately.
State Witness Exclusion: Balancing Prosecutorial Discretion and Court Oversight
The Supreme Court clarifies when prosecutors may exclude accused persons from an information to make them state witnesses, and the limits of judicial discretion.
Exhaustion of Remedies: When Courts, Not Prosecutors, Hold the Key
A Supreme Court ruling clarifies that once a criminal case is in court, the remedy lies with the court, not administrative appeals.
Withdrawal of Information vs Dismissal: What the Supreme Court Said
The Supreme Court clarifies when a motion to withdraw information is final, and how prosecutors must weigh both sides in preliminary investigation.
Preliminary Investigation After Substantial Amendment: Due Process in Amended Criminal Charges
When can prosecutors amend criminal charges without a new preliminary investigation? The Supreme Court clarifies the due process rule.
Shareholder Derivative Suits and Private Prosecutor Intervention in Falsification Cases
The Supreme Court clarifies when a shareholder suit is truly derivative and when private prosecutors may intervene in criminal falsification cases.
Navigating Anti-Graft Law: The Balance Between Undue Injury and Unwarranted Benefits
The Supreme Court clarifies the two modes of violating Section 3(e) of the Anti-Graft Law, guiding public officers and prosecutors.
Estafa Through Misappropriation: When an Employee's Failure to Account Amounts to Breach of Trust
The Supreme Court clarifies when an employee's failure to account for company funds and property constitutes estafa through misappropriation, reversing dismissals by prosecutors.
Judge Dismissed for Gross Ignorance of Law in Election Protest and Criminal Cases
Supreme Court holds judges accountable for gross ignorance of law, due process violations, and failure to transmit criminal case records to prosecutors.
Treachery and Evident Premeditation: When Intentional Killings Are Homicide, Not Murder
The Supreme Court clarifies when treachery and evident premeditation qualify a killing as murder, explaining what prosecutors must prove.
Challenging the Frame-Up Defense: Upholding Convictions in Drug Cases
The Supreme Court explains why the frame-up defense rarely succeeds in drug cases and what prosecutors must prove.
The Right to Confrontation: Why Live Testimony Matters in Philippine Criminal Trials
The Supreme Court vacated a rape conviction because prosecutors used transcripts from another trial instead of presenting live witnesses, violating the accused's right to confrontation.
When Proof of Age Fails: Simple Rape Instead of Death in People v. Ochea
The Supreme Court reduced a death sentence to reclusion perpetua because prosecutors failed to prove the victim's minority in a rape case.
Checks and Balances When Regional Prosecutors Overstep Local Authority in Preliminary Investigations
When can a regional prosecutor take over a city prosecutor's case? The Supreme Court clarifies the limits of supervision and control.
Statutory Rape: Why Pleading Qualifying Circumstances in the Information Matters
A Supreme Court ruling shows why prosecutors must allege both the victim's minority and relationship to the accused to justify the death penalty.
Why Prosecutors Must Present Evidence in Rape Cases: Lessons from Merciales v. Court of Appeals
A Supreme Court ruling on prosecutorial duty, state witnesses, and due process in rape with homicide cases.
Discretion and Due Process: The Secretary of Justice’s Power to Review Prosecution Decisions
Explaining Garcia-Rueda v. Amor: why the Ombudsman cannot second-guess prosecutors' findings, and where the Secretary of Justice's review power lies.
Discretion of the Justice Secretary and Limits of Judicial Review in Preliminary Investigations
The Supreme Court clarifies the Ombudsman's limited role in reviewing prosecutors' findings and the boundaries of judicial review in preliminary investigations.
Prosecutorial Discretion vs Malicious Prosecution: Balancing Public Duty and Individual Rights
The Supreme Court clarifies when prosecutors may be sued for damages, balancing prosecutorial discretion against protection from malicious prosecution claims.
Malicious Prosecution Claims Against Prosecutors: The Drilon v. Court of Appeals Ruling
When can prosecutors be sued for damages after filing criminal charges? The Supreme Court clarifies the elements of malicious prosecution and the protection of good faith.
Preliminary Investigation: Its Absence and Impact on Criminal Proceedings
When prosecutors skip preliminary investigation, can courts dismiss the case? The Supreme Court clarifies the rule in Villaflor v. Vivar.
Buy-Bust Operations in the Philippines: Rights, Realities, and What the Supreme Court Says
A look at how Philippine courts treat buy-bust operations in drug cases, the elements prosecutors must prove, and why the defense of frame-up rarely succeeds.
Mental Capacity and Witness Testimony: Protecting Vulnerable Victims in Philippine Rape Cases
Philippine Supreme Court ruling on mental retardates as credible witnesses in rape cases, with practical guidance for prosecutors and defenders.
When Proof of a Gun License Matters: Acquittal in Illegal Firearm Possession Cases
The Supreme Court acquitted a student of illegal firearm possession because prosecutors failed to prove he lacked a license. Here's why.