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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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Showing 1705–1728 of 2,057 articles for “sec”

Void Proclamation: The Limits of Canvassing Authority and Protecting Electoral Integrity

When may a board of canvassers proclaim a winner despite an appeal? The Supreme Court explains void proclamations under Section 20(i), RA 7166.

Due Process in Bail Hearings: The Prosecution's Right to Present Evidence

The Supreme Court nullified a bail grant because the trial court denied the prosecution its day in court, reaffirming that bail hearings must respect due process for both sides.

Amendment of Information: Balancing Procedural Rules and the Accused's Right to Due Process

When can the prosecution amend an Information after the accused pleads? The Supreme Court clarifies the distinction between formal and substantial amendments.

Dismissal of Administrative Cases Against Judges: Upholding Judicial Integrity and Curbing Frivolous Complaint

Supreme Court dismisses administrative complaint against Judge Angeles for failure to prosecute, protecting judges from frivolous cases and preserving judicial integrity.

Ombudsman’s Authority to Prosecute Cases Beyond the Sandiganbayan’s Jurisdiction

The Supreme Court clarifies that the Ombudsman may prosecute graft cases in regular courts, not only before the Sandiganbayan.

Double Jeopardy and Modification of Criminal Penalties: Protecting the Accused

The Supreme Court rules that courts cannot increase a convicted person's penalty on the prosecution's motion, citing double jeopardy protections.

Corporate Name Confusion: Protecting Business Identity in the Philippines

When can the SEC compel a corporation to change its name? A Supreme Court ruling on confusingly similar corporate names and public protection.

Rape Conviction Hinges on Specific Allegations Protecting Due Process in Criminal Law

The Supreme Court acquits a father of rape because the prosecution failed to prove carnal knowledge and unconsciousness as specifically alleged.

Security of Tenure vs Management Prerogatives: Employee Transfers in the Philippines

Philippine Supreme Court ruling on employee transfers, security of tenure, and management prerogatives explained in plain language.

Security of Tenure and Due Process in Philippine Civil Service: Adiong v. Court of Appeals

Explaining the Supreme Court ruling that permanent civil service employees cannot be dismissed without just cause and due process.

Judicial Overreach and the Boundaries of Preliminary Investigations in the Philippines

Sales v. Sandiganbayan clarifies that preliminary investigations are substantive rights, not mere formalities, and sets limits on prosecutorial discretion.

Double Sale of Land: Why Prior Registration Alone Does Not Win Ownership

Philippine Supreme Court clarifies that in double sales of land, prior registration only prevails if the second buyer acted in good faith throughout.

Consensual Encounter vs Rape: Proving Lack of Voluntariness in Sexual Assault Cases

When does a sexual encounter become rape? The Supreme Court explains why consent and voluntariness matter in rape prosecutions.

Proving a Lost Lease with Secondary Evidence and Ejectment Rights in Philippine Law

How Philippine courts allow secondary evidence to prove a lost lease contract, and when a lessor may eject a non-paying tenant.

The Fine Line: Proof Beyond Reasonable Doubt in Criminal Cases

A Supreme Court ruling on conspiracy, evidence, and the burden of proof beyond reasonable doubt in criminal prosecutions.

When Silence Speaks Volumes: Flight as Evidence of Guilt in Homicide Cases

In People v. Yungot, the Supreme Court explains how flight after a crime can strengthen the prosecution's case and weaken an alibi defense.

Acting Secretary's One-Day Salary Counts for Terminal Leave Pay

Supreme Court rules that a government official's terminal leave pay must be computed using the highest salary received, including pay from an acting appointment.

Acting Secretary's One-Day Salary Counts for Terminal Leave Pay Computation

Supreme Court rules a designated Acting Secretary's higher salary, even for one day, determines terminal leave pay basis.

Ombudsman's Discretion and the Power to Prosecute in the Philippines

A Supreme Court ruling on reckless imprudence, malice, and criminal intent shows why intent, once proven, defeats a defense of accident.

Regular Employment vs Cooperative Membership: Protecting Workers' Rights

Can a cooperative member be a regular employee? The Supreme Court says yes—membership does not erase labor rights or security of tenure.

Finality of Judgments: The Prohibition Against Second Motions for Reconsideration

Philippine law bars second motions for reconsideration. Learn how filing one can forfeit the right to appeal and make a judgment final.

Double Jeopardy Bars Prosecution Appeal to Increase Penalty After Conviction

Philippine Supreme Court rules prosecution cannot appeal to increase a convicted accused's penalty—doing so violates the constitutional right against double jeopardy.

Divorce Recognition Proving Legal Capacity To Remarry After A Foreign Divorce

Philippine courts do not take judicial notice of foreign laws and divorce decrees. Both must be proven, or a second marriage may be void.

Dying Declarations and Circumstantial Evidence Proving Homicide Beyond Reasonable Doubt

When a dying victim names her assailant, that statement can convict—but only if the prosecution proves every element beyond reasonable doubt.