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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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Showing 1633–1656 of 2,057 articles for “sec”

Limits on Pre-Proclamation Controversies: Challenging Ballot Box Security in the Philippines

The Supreme Court held that missing padlocks on ballot boxes are not a valid pre-proclamation issue, limiting challenges to the face of the election returns.

Eyewitness Identification and Proof Beyond Reasonable Doubt: People v. Limpangog

The Supreme Court acquits an accused where eyewitness identification is unreliable, reaffirming that the prosecution must prove identity beyond reasonable doubt.

Eyewitness Identification Under Scrutiny: Safeguarding Against Mistaken Identity in Criminal Cases

Philippine courts examine eyewitness identification procedures to prevent wrongful convictions from mistaken identity in criminal prosecutions.

Regular vs Seasonal Employment: Security of Tenure in Sugarcane Farming

Supreme Court clarifies when seasonal sugarcane workers become regular employees entitled to security of tenure and protection from illegal dismissal.

Dismissal of Appeal for Failure to File Memorandum: A Costly Omission

Why failing to file an appellant's memorandum under Rule 40, Section 7 can cost you your appeal—and your case.

Rape Charge Reduced to Acts of Lasciviousness Under the Child Abuse Law

When the prosecution failed to prove carnal knowledge, the Supreme Court convicted the accused of acts of lasciviousness under the Child Abuse Law instead of rape.

Mortgage Foreclosure After Full Payment Is Void: PNB v. Court of Appeals

A mortgage foreclosure is void if the loan it secures was already paid. Learn the rules from this Philippine Supreme Court case.

Buy-Bust Money Not Essential for Drug Conviction, Says Supreme Court

The Supreme Court clarifies that failure to present buy-bust money does not doom a drug prosecution if credible witnesses prove the sale.

Prejudicial Question Doctrine: Civil Case Does Not Automatically Suspend Estafa Prosecution

The Supreme Court clarifies when a civil case can suspend a criminal prosecution for estafa through falsification of public documents.

Lawyer Suspended for Misusing Court Rules to Delay Execution of Final Judgment

A lawyer's one-year suspension for using procedural rules and a second case to block execution of a final judgment, explained.

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.

Airport Security vs Individual Rights: The Fine Line in Drug Cases

The Supreme Court clarifies when airport security searches are valid and when they violate constitutional rights in drug possession cases.

Rape and Mental Capacity: Understanding the Burden of Proof in Philippine Law

A Supreme Court acquittal clarifies when mental retardation must be proven to convict in rape cases, and why the prosecution's burden matters.

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.

Security of Tenure in the CES: Clarifying Eligibility and Reassignment Rights

The Court clarifies when a demotion amounts to constructive dismissal, the limits of CBA benefits for managerial employees, and retirement rights under the Labor Code.

Rape Conviction Affirmed: Proving Minority and Relationship in Qualified Rape Cases

The Supreme Court affirms a father's rape conviction but reduces the death penalty to reclusion perpetua because the prosecution failed to prove the victim's minority beyond reasonable doubt.

Incestuous Rape in the Philippines: Why the Victim's Age Must Be Proven, Not Assumed

In People v. Caralipio, the Supreme Court reduced a death sentence to reclusion perpetua because the prosecution failed to prove the victim's minority beyond reasonable doubt.

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.

Admission vs Confession: Why Weak Prosecution Evidence Led to Acquittal in Sanvicente

The Supreme Court explains the difference between an admission and a confession, and why double jeopardy barred the prosecution's appeal.

Reasonable Doubt Prevails: Weak Identification Leads to Acquittal in Theft Case

Philippine Supreme Court acquits theft accused where prosecution failed to prove identity beyond reasonable doubt, emphasizing weak identification cannot sustain conviction.

Re-Election as Condonation: Clarifying Disqualification Based on Prior Administrative Removal

Explains when prior administrative removal disqualifies a local candidate, and when re-election condones past misconduct under Section 40(b), LGC.

Electoral Rights vs Public Order: Balancing Presence and Security During Canvassing

Philippine Supreme Court ruling on the balance between a candidate's right to be present during canvassing and police security measures.

Security of Tenure Prevails: Land Sales Do Not Override Tenant Rights Under Agrarian Reform

Philippine Supreme Court ruling on how land sales cannot override tenant rights and security of tenure under agrarian reform laws.

Duty TO Prosecute WHY Neglecting Your Appeal CAN Lead TO Dismissal