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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 1969–1992 of 2,057 articles for “sec”

Election Disqualification Cases: COMELEC's Continuing Jurisdiction After Proclamation

The Supreme Court rules that COMELEC must continue hearing disqualification cases even after a candidate's proclamation, citing Section 6 of RA 6646.

When Can Self Defense Claims Be Denied Understanding Criminal Liability in the Philippines

Explore when Philippine courts deny self-defense claims, using People v. Molas to illustrate how weak defenses fail against strong prosecution evidence.

COMELEC's Power to Prosecute Election Offenses: Independent Authority Affirmed

Supreme Court affirms COMELEC's exclusive authority to prosecute election offenses, ruling that deputized prosecutors cannot override its decisions.

Rape and Robbery: How Philippine Courts Determine Criminal Intent

A look at how the Supreme Court distinguished rape from robbery with rape, and why the accused's original intent matters in criminal prosecution.

Security of Tenure in Government Service: When a Defective Appointment Prevents It

A government employee's security of tenure depends on a valid, completed appointment. Corpuz v. Court of Appeals explains the rule.

In-Court Identification in Rape Cases: People v. Pacistol (G.R. 119074-75)

Philippine Supreme Court ruling on how a victim's credible in-court identification can secure a rape conviction despite flawed police line-up procedures.

Double Jeopardy in the Philippines: When Protection Against Repeated Prosecution Applies

Understand when double jeopardy protects an accused in the Philippines, and when it does not, based on Cudia v. Court of Appeals.

Possession vs Intent: Understanding Illegal Firearm Charges in the Philippines

Learn how the Supreme Court ruled on double jeopardy in illegal firearm cases, and why a prosecutor's authority matters in criminal charges.

Prosecutorial Discretion vs Court Authority: Navigating Criminal Case Dismissals in the Philippines

Philippine Supreme Court clarifies the balance between prosecutorial discretion and judicial authority in dismissing criminal cases after information is filed.

SEC vs Stock Exchange: Who Decides Which Stocks Get Listed in the Philippines

Supreme Court ruling clarifies the SEC's power to review stock exchange listing decisions and the limits of that authority.

When Can a Stock Exchange Deny a Listing? The Puerto Azul Case Explained

The Supreme Court explains the limits of SEC power over stock exchange listing decisions and the business judgment rule.

Malicious Prosecution: Probable Cause and Legal Malice in Unfair Competition Cases

Philippine Supreme Court clarifies when filing unfair competition charges constitutes malicious prosecution, requiring proof of absent probable cause and legal malice.

Security of Tenure vs Presidential Prerogative Reinstatement After Acquittal

Explore the Supreme Court ruling on project employee security of tenure, illegal dismissal, and back wages in SODECO v. NLRC.

Project Employee vs Regular Employee: Security of Tenure Under Philippine Labor Law

Learn how the Supreme Court distinguishes project from regular employees and protects workers' security of tenure under Article 280 of the Labor Code.

SEC Jurisdiction Over Commodity Futures Fraud Claims: Lessons From Tolentino v. Court of Appeals

When fraud in commodity futures trading falls under SEC jurisdiction, not regular courts, per Tolentino v. CA.

Reasonable Doubt and Acquittal: When Lack of Evidence Overcomes Presumption of Innocence

In People v. Vasquez, the Supreme Court acquitted two brothers of murder, ruling that weak prosecution evidence and physical evidence cannot overcome reasonable doubt.

Rape Conviction Affirmed: When a Security Guard Becomes the Rapist

Explore the Supreme Court ruling in People v. Gomez on rape conviction, victim credibility, and the evidentiary weight of positive identification.

Mortgage Contracts and Future Advances: Understanding the Scope of Security in Philippine Law

When does a real estate mortgage cover future loans beyond the stated amount? The Supreme Court explains in Quintanilla v. RCBC.

When Is a Bail Hearing Required in the Philippines? Key Rules from a 1997 SC Ruling

Philippine courts must hold a bail hearing in capital offenses even if the prosecutor waives it. Learn the rules from Cortes v. Catral.

Overseas Recruitment Agencies: When Can Licenses Be Suspended or Cancelled

The Supreme Court clarifies when the Secretary of Labor and the POEA can suspend or cancel an overseas recruitment agency's license.

Defining Piracy Under Philippine Law: Protecting Vessels and Ensuring Maritime Security

The Supreme Court clarifies what constitutes piracy under PD 532, ruling that seizing a fishing boat by force is piracy, not mere grave coercion.

The Perils of Sin Perjuicio Judgments: Ensuring Timely and Complete Justice in the Philippines

Philippine courts must independently assess prosecutorial motions to withdraw information, balancing judicial discretion with the Secretary of Justice's review powers.

Regular vs Project Employees: Security of Tenure in Philippine Construction

When do construction workers become regular employees? The Supreme Court explains repeated rehiring and security of tenure in Lao Construction v. NLRC.

Judicial Accountability: Independent Assessment of Justice Secretary's Resolutions in Philippine Courts

Philippine Supreme Court ruling on trial courts' duty to independently assess Justice Secretary's resolutions in withdrawal of criminal informations.