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.

Showing 265288 of 417 articles for prosecutors

The Ombudsman's Control Over Special Prosecutors: Limits on Prosecutorial Authority

Philippine Supreme Court ruling on the Ombudsman's authority over special prosecutors and the limits of prosecutorial discretion in criminal cases.

When Judges Overstep Preliminary Investigation Boundaries: A Lesson in Judicial Overreach

SC ruling on a judge who issued arrest warrants without preliminary investigation, and the limits of judicial authority.

B.P. 22 Conviction Requires Proper Presentation of Notice of Dishonor: The Tan Case

A B.P. 22 conviction requires the prosecution to properly present the notice of dishonor in court; failure to do so negates the presumption of knowledge of insufficient funds.

Habeas Corpus Requires Proof of Illegal Detention, Not Just Disappearance

Philippine Supreme Court ruling clarifies that habeas corpus requires proof of actual detention, not merely a person's disappearance.

Substantial Justice Prevails When Philippine Courts Relax Procedural Rules IN Labor Disputes

Philippine courts may relax procedural rules to achieve substantial justice, as shown in this administrative case against a judge.

When Judges May Conduct Preliminary Investigation and Issue Warrants: Lessons from Lumbos v. Baliguat

A judge's authority to conduct preliminary investigation and issue warrants, explained through an administrative case dismissed for good faith.

Mayor's Personal Deposit of Municipal Checks: Official Misconduct and Probable Cause

Supreme Court ruling on when a mayor's deposit of municipal checks into a personal account constitutes probable cause for graft under RA 3019.

State Witness Discharge: Balancing DOJ Authority and Judicial Discretion

The Supreme Court clarifies when the DOJ, not courts, may discharge an accused as state witness under RA 6981.

When a Court Employee's Misconduct Outside the Courtroom Leads to Dismissal

The Supreme Court dismissed a court cashier for tampering with official receipts and misappropriating judiciary funds, reaffirming that integrity is required of all court personnel.

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.

Prejudicial Question Doctrine: How Civil Court Rulings Can Halt Graft Cases in the Philippines

Explaining the prejudicial question doctrine in Philippine law and how a civil case ruling can suspend or halt criminal graft proceedings.

Online Psychological Abuse Under RA 9262: High Court Clarifies Social Media Evidence and Penalties

Supreme Court affirms conviction for online psychological abuse under RA 9262, sets guidelines on proving social media authorship, and raises penalty for ICT use.

Prescription Periods in Philippine Anti-Graft Cases: When Does the Clock Really Start

Learn how Philippine courts determine when the prescriptive period for anti-graft offenses begins, based on recent Supreme Court rulings.

When Presence Is Not Enough: Understanding Accomplice Liability in Philippine Criminal Law

The Supreme Court clarifies that mere presence or even physical restraint does not make one an accomplice absent community of criminal design.

Estafa Liability and the Need for Pre-Existing Fraudulent Intent in Business Dealings

Philippine Supreme Court ruling clarifies that estafa requires false pretenses made before or simultaneously with the fraud, not mere subsequent breach.

Fair Prosecution and Due Process: The Prosecutor's Role in Criminal Trials

When a judge allowed defense witnesses to testify without the prosecutor present, the Supreme Court reminded courts that the State is also entitled to due process.

Supreme Court Fines Judge for Undue Delay in Rendering Decision

The Supreme Court fined a Tacloban judge P20,000 for gross inefficiency after a six-month delay in deciding an unlawful detainer appeal.

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.

Speedy Disposition vs Public Justice: Balancing Rights in Anti-Graft Cases

Supreme Court clarifies that the right to speedy disposition is flexible and may be waived by silence, especially when public funds are involved.

Double Jeopardy or Civil Redress: Understanding Remedies in Bouncing Check Cases

One bouncing check can trigger both estafa and BP 22 cases, but only one civil recovery. Learn the rules.

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.

Judicial Accountability: The Duty to Timely Transmit Preliminary Investigation Records

Why a judge's failure to transmit preliminary investigation records within 10 days is a punishable offense under Philippine law.

Judicial Ethics and Impartiality: When a Judge's Errors Become Gross Ignorance of the Law

A judge's hasty grant of reinvestigation and dismissal without notice or hearing amounts to gross ignorance of the law, violating judicial ethics.

Judicial Accountability: Independent Evaluation Required Before Dismissing Criminal Cases

Supreme Court holds judges liable for granting motions to dismiss without independent review, notice, and hearing.