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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When Amending an Information in Estafa Cases Becomes a Question of Form vs. Substance
The Supreme Court clarifies when amendments to an Information in estafa cases are formal or substantial, and why a new preliminary investigation is not always required.
Balancing Confrontation Rights and Due Process in Transnational Crime Investigations
Supreme Court clarifies when courts may interfere with preliminary investigations and how constitutional rights apply in fact-finding probes.
Constitutional Rights vs Preliminary Investigation: When Evidence Admissibility Matters
Supreme Court clarifies that preliminary investigations cannot be suspended on prejudicial question grounds, and evidence admissibility is for trial, not preliminary inquiry.
Prolonged Preliminary Investigation and Speedy Disposition: What the Supreme Court Said
A dismissed criminal case for failure to prosecute raises the question: when does delay violate the right to speedy disposition of cases?
Ombudsman's Power to Reopen Cases and Due Process in Preliminary Investigations
Explaining the Supreme Court's ruling on the Ombudsman's authority to reverse a predecessor's findings and due process limits in preliminary investigations.
Probable Cause vs Due Process: Independent Judicial Assessment in Arrest Warrant Issuance
The Supreme Court clarifies the distinction between executive and judicial probable cause in arrest warrant issuance, and the limits of due process in preliminary investigation.
Preliminary Investigation Is a Substantive Right: Lessons from Palacios v. People
The Supreme Court rules that denying a reinvestigation based on procedural guidelines violates due process when the accused was never notified.
Due Process in VAWC Cases: The Right to Preliminary Investigation and Fair Notice
Explore how the Supreme Court protected a respondent's right to due process in VAWC cases, requiring proper notice during preliminary investigation.
Speedy Disposition of Cases: Balancing Rights and Due Process in Anti-Graft Proceedings
The Supreme Court clarifies when the speedy disposition clock starts in Ombudsman cases, distinguishing fact-finding from preliminary investigation.
Speedy Disposition vs Double Jeopardy: Balancing Rights in Preliminary Investigations
The Supreme Court clarifies when delay in preliminary investigation violates speedy disposition rights and triggers double jeopardy protection.
Ombudsmans Discretion Respecting Independence IN Graft Case Findings
Supreme Court affirms Ombudsman's wide discretion in graft preliminary investigations, respecting prosecutorial independence absent grave abuse.
Speedy Disposition Rights: Balancing Institutional Delays and Fair Trial Guarantees
The Supreme Court clarifies when inordinate delay in preliminary investigation violates the constitutional right to speedy disposition of cases.
Right to Preliminary Investigation: When the Ombudsman's Failure to Serve the Complaint Violates Due Process
The Supreme Court rules that withholding the complaint affidavit during preliminary investigation violates the accused's constitutional right to due process.
Probable Cause in Deposit Insurance Claims: Lessons from PDIC v. Gidwani
The Supreme Court reinstates probable cause findings against Manu Gidwani for estafa and money laundering, clarifying standards for preliminary investigations in deposit insurance fraud cases.
Speedy Disposition of Cases: Balancing Delay and Due Process in Philippine Law
The Supreme Court clarifies the balancing test for inordinate delay in preliminary investigations, affirming that prosecutors must justify delays.
Ombudsman's Discretion in Dismissing Complaints: Upholding Independence
The Supreme Court affirms the Ombudsman's broad discretion to dismiss complaints, reinforcing the office's independence in preliminary investigations.
Tax Evasion and Probable Cause: BIR v. Manila Home Textile Explained
The Supreme Court clarifies the standard of probable cause in tax evasion cases and the burden on the BIR in preliminary investigations.
Probable Cause and Preliminary Investigations: Safeguarding Rights in Criminal Proceedings
The Supreme Court explains probable cause standards, due process in preliminary investigations, and why judicial determination prevails.
Grave Threats and Double Jeopardy: The Limits of Preliminary Investigations
A police officer convicted of grave threats argues double jeopardy after the Ombudsman dismissed his case. The Supreme Court explains why.
Falsification of Public Documents: Balancing Expert Testimony and Due Process
A Supreme Court ruling clarifies how NBI expert reports and due process rights interact in falsification preliminary investigations.
Probable Cause in Kidnapping Cases: When Prosecutors Overstep Their Role
The Supreme Court clarifies the standard for probable cause in preliminary investigations and when a prosecutor's dismissal amounts to grave abuse of discretion.
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.
Unraveling Estafa: The Supreme Court's Stance on Misappropriation and Probable Cause
A look at Burgundy Realty v. Reyes, where the Supreme Court clarified the elements of estafa and the low bar for probable cause in preliminary investigations.