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 337360 of 514 articles for prosecutor

Mandatory Suspension of Public Officials: Falsification of Documents as Fraud Against Government Funds

Explaining Bustillo v. Sandiganbayan: when falsification of official documents triggers mandatory preventive suspension under RA 3019.

Prima Facie Evidence in Disbarment Cases: Protecting Lawyers From Baseless Accusations

Learn how the Supreme Court protects lawyers from baseless disbarment complaints, requiring prima facie evidence before full investigation proceeds.

Navigating Philippine Warrants of Arrest: When Can a Court Act on Your Motion

Philippine Supreme Court clarifies when courts can act on motions to quash warrants of arrest, distinguishing custody of law from jurisdiction over the person.

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.

Motion for Reconsideration Before Sandiganbayan: No Hearing Required for Finality

A Sandiganbayan decision is not final until it properly resolves a motion for reconsideration—even if the motion was not set for hearing.

Arraignment Delays and Your Right to Speedy Trial in the Philippines

When repeated postponements of arraignment violate the constitutional right to speedy trial, dismissal of the case and release may be warranted.

Discretion in Government Bidding: When Courts Can Intervene

The Supreme Court explains the wide discretion of government agencies in bidding awards and the limits of judicial review.

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.

Proving Loss of Trust and Confidence in Illegal Dismissal Cases in the Philippines

Philippine Supreme Court ruling on when loss of trust and confidence justifies employee dismissal, and what employers must prove.

Reopening Inquiry Service Provider Rights and Due Process in Airport Terminal Agreements

Court rules Ombudsman committed grave abuse of discretion in dismissing service operators' complaint without complete preliminary investigation.

Preventive Suspension of Court Personnel: The Case of Maripi Apolonio

Explaining preventive suspension for court personnel facing criminal charges, based on the Supreme Court's ruling in De Guzman v. Apolonio.

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.

Municipality Liability for Excavation Accidents on National Roads

Philippine Supreme Court ruling on municipal liability for injuries from road excavations, even on national roads under municipal control.

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.

Granting Bail After Final Judgment Is Gross Ignorance of the Law: A Lesson for Judges

A judge who granted bail to a convict already serving a final sentence was held liable for gross ignorance of the law. Learn the rules.

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.

Reliance on Subordinates Limits Liability for Falsification in Public Office

When can public officials rely on subordinates? Nava v. NBI clarifies limits of liability for falsification through reckless imprudence.

When a Judge's Private Letter Undermines Judicial Impartiality

Supreme Court reprimands a judge for writing university officials about his wife's cases, violating judicial conduct rules on impartiality.

Expanding Sandiganbayan's Reach: Jurisdiction Over Graft Cases in Government-Owned Corporations

The Supreme Court clarifies that the Sandiganbayan has jurisdiction over officers of government-owned corporations, regardless of how they were created.