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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Charged With A Major Crime Philippine Law on Lesser Offenses Explained
Learn how Philippine courts treat charges for election offenses, the importance of the information's factual recital, and the rules on appeals.
Quashing an Information: Limits on Amendment and Filing New Charges in Philippine Law
Philippine Supreme Court ruling on when a quashed information can be amended or refiled, explained in plain language.
Separate Crimes for Separate Drugs: Possessing Shabu and Marijuana Under Philippine Law
Philippine Supreme Court ruling: possessing shabu and marijuana at the same time and place constitutes two separate crimes, requiring two separate Informations.
Estafa Tightrope: Good Faith vs Criminal Intent in Bounced Check Cases
Supreme Court acquits AFPSLAI exec in falsification case, stressing that conviction requires proof of damage as alleged in the information.
Insufficient Information and Waiver of Rights in Philippine Rape and Lasciviousness Cases
Can a rape conviction stand if the information omits force and intimidation? People v. Candaza explains waiver under the omnibus motion rule.
Double Jeopardy and Amendment of Information: Rights of the Accused in Philippine Law
Explaining when amending a criminal information after a plea is allowed, and why double jeopardy did not bar re-arraignment in Cabo v. Sandiganbayan.
When a Plea Does Not Bar Re-Arraignment: Double Jeopardy and Defective Informations
The Supreme Court explains when a conditional arraignment and an amended information do not trigger double jeopardy protections in Philippine criminal procedure.
Executive Privilege in the Philippines: When Can the President Withhold Information? Ermita v. Senate Explaine
The Supreme Court's ruling in Ermita v. Senate defines the limits of executive privilege and Congress's power of inquiry in the Philippines.
Understanding Judicial Delay and Accountability Through a Landmark Philippine Rape Conviction
A father's rape conviction highlights Philippine rules on judicial delay, information amendment, and accountability in criminal procedure.
Libel Jurisdiction: Where Does a Case Belong?
Explaining the Supreme Court ruling on libel jurisdiction, venue rules under the Revised Penal Code, and when amendments to informations are allowed.
Prosecutor's Comment on Motion for Reconsideration After Information Filed Not Misconduct
Supreme Court rules a prosecutor who files a recommendatory comment on a motion for reconsideration after arraignment does not commit conduct prejudicial to the service.
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.
Bouncing Checks AND DUE Process THE Importance OF Accurate Information IN B P 22 Cases
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.
Due Process Prevails: Substantial Amendment to Information Requires New Preliminary Investigation
Supreme Court rules substantial amendments to criminal informations require new preliminary investigation to protect accused's due process rights.
Double Jeopardy and Amendment of Information: Protecting Accused Rights After Conviction
Supreme Court rules on double jeopardy when prosecution tries to amend information after conviction and probation application.
Judicial Independence vs Executive Discretion in Criminal Prosecution: The Santos v. Orda Ruling
When may a court grant a prosecutor's motion to withdraw an information? The Supreme Court clarifies the limits of judicial deference to the DOJ.
Incestuous Rape Conviction Based ON Credible Testimony Despite Defective Information
Dwelling as Aggravating Circumstance: Why Specific Allegation in Criminal Informations Matters
Learn why aggravating circumstances like dwelling must be specifically alleged in criminal informations, based on People v. Aquino.
Preventive Suspension Under the Anti-Graft Law Is Mandatory, Not Discretionary
Preventive suspension of public officials under Section 13 of R.A. 3019 is mandatory once a valid information is filed. The Court explains why.
Robbery With Rape: Aggravating Circumstances Must Be Alleged; Late Guilty Plea Not Mitigating
Aggravating circumstances not stated in the information cannot raise the penalty in robbery with rape; a guilty plea after prosecution rests is not mitigating.
Statutory Rape Conviction and the Strict Reading of Qualifying Circumstances in Informations
Philippine Supreme Court clarifies that qualifying circumstances like step-parentage must be precisely alleged in the information to justify the death penalty.
Drug Cases and the Requirement to Allege Aggravating Circumstances in the Information
In Li Ka Kim v. People, the Supreme Court reduced a death sentence because the aggravating circumstance was not alleged in the Information. Here is what that means.
Rape Conviction Upheld Despite Initial Charge of Illegal Detention: Protecting Victims' Rights
The Supreme Court clarifies that a conviction for rape can stand even when the information charged serious illegal detention with rape, protecting victims' rights.