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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Dispositive Portion Prevails When DOJ Resolution Body Conflicts With Fallo
When a DOJ resolution's body conflicts with its dispositive portion, the fallo controls. Learn the rule from Santiago v. Bello IV.
Suspension of Arraignment, DOJ Review, and the Right to Speedy Trial in Copyright Cases
Explaining when courts may suspend arraignment pending DOJ review and how delay affects the right to speedy trial in copyright infringement cases.
Self-Defense vs. Extralegal Killing: Probable Cause in Murder Cases
When police claim self-defense after a killing, what must prosecutors weigh? The Supreme Court clarifies probable cause in Aguilar v. DOJ.
Safeguarding Electoral Independence: Limits of DOJ-Comelec Collaboration in Election Offense Probes
The Supreme Court upholds joint DOJ-Comelec preliminary investigations for election offenses, clarifying constitutional limits on collaboration.
Probable Cause vs Evidentiary Weight: The DOJ Secretary’s Review Power Delineated
The Supreme Court clarifies when the DOJ Secretary oversteps by weighing evidence in a preliminary investigation, not just determining probable cause.
Safeguarding Electoral Independence When Collaboration Challenges Constitutional Boundaries
The Supreme Court upholds the constitutionality of the joint DOJ-Comelec investigation of election fraud in the 2004 and 2007 polls.
Perjury Complaints and the DOJ Secretary's Discretion in Preliminary Investigations
Explains when the DOJ may dismiss a perjury complaint appeal and why constitutional due process rules for courts do not bind prosecutors.
Upholding Judicial Discretion THE Courts Power TO Review Probable Cause Despite DOJ Findings
Judicial Independence Prevails: Courts Must Independently Assess Criminal Cases Despite DOJ Resolutions
Courts must independently assess criminal cases despite DOJ resolutions. The Barbieto case clarifies judicial discretion in injunctive relief.
Warrant of Arrest Stands: Court Power Prevails Over DOJ Review
Supreme Court rules a judge's exclusive power to issue warrants of arrest cannot be suspended by a pending DOJ petition for review.
Probable Cause vs DOJ Secretary's Discretion in Parricide Cases: Key Lessons from Asetre v. Asetre
The Supreme Court clarifies the limits of judicial review over the DOJ Secretary's finding of probable cause in parricide and murder cases.
Unfair Competition: Likelihood of Confusion vs. Actual Deception in Philippine Trademark Cases
Philippine Supreme Court clarifies that unfair competition requires actual intent to deceive, not just confusing similarity, and explains the proper remedy for DOJ rulings.
Filing a Complaint Interrupts Prescription for B.P. 22: Panaguiton v. DOJ
Filing a complaint for preliminary investigation interrupts prescription of B.P. 22 offenses, the Supreme Court ruled in Panaguiton v. DOJ.
Probable Cause vs Hard Facts: What Balangauan v. CA Teaches About Estafa Cases
The Supreme Court clarifies probable cause standards in estafa cases, rejecting the DOJ's demand for "hard facts" before filing charges.
Falsification of Documents, Probable Cause, and the Limits of DOJ Discretion
The Supreme Court explains when courts may review the DOJ's probable cause findings and what constitutes a prejudicial question.
Copyright Infringement and Prescription: What Retailers Should Know
A look at how filing a complaint with the DOJ interrupts prescription, and what it means for retailers accused of selling counterfeit goods.
Probable Cause in Estafa Through Falsification: DOJ Discretion Upheld in Go v. Court of Appeals
Supreme Court affirms DOJ's withdrawal of estafa charges, upholding prosecutorial discretion absent grave abuse and technical rules on appeals.
Independent Assessment Prevails: Dismissal Based Solely on DOJ Resolution Is Grave Abuse of Discretion
Philippine Supreme Court rules trial courts must independently assess evidence before granting motions to withdraw information, not merely adopt DOJ resolutions.
When an Accused Is Arraigned: DOJ Review of Prosecutor’s Ruling Barred
Philippine Supreme Court rules on DOJ Circular No. 70: arraignment bars the Secretary of Justice from reviewing a prosecutor’s resolution.
Filing Securities Violation Cases: The SEC’s Primary Jurisdiction and the DOJ’s Role
Explaining Baviera v. Standard Chartered Bank: why securities violation complaints must start with the SEC, not the DOJ, under the primary jurisdiction doctrine.
Dismissed Appeal: Why Following Court Rules Matters in Philippine Litigation
A Supreme Court ruling shows why procedural rules matter: a Rule 43 petition wrongly filed against a DOJ resolution was dismissed.
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.
Probable Cause and Abuse of Discretion: Navigating DOJ Decisions in the Philippines
When can courts overturn a DOJ Secretary's ruling on probable cause? Learn the high bar of grave abuse of discretion.
Judicial Independence vs Executive Discretion in Criminal Prosecution: The Santos v. Orda Ruling
When may a court grant a prosecutor's motion to withdraw an information? The Supreme Court clarifies the limits of judicial deference to the DOJ.