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Showing 25–48 of 197 articles for “probable cause”

Probable Cause for Arrest Warrants: Insights from the Relampagos v. Sandiganbayan Ruling

The Supreme Court clarifies the standard for probable cause in issuing arrest warrants, distinguishing executive from judicial determination.

Probable Cause and Estafa Elements: Lessons from a Dismissed Certiorari Petition

A look at when courts may overturn a prosecutor's probable cause finding, and why the elements of estafa must be clearly alleged.

Probable Cause in Estafa Cases: Insights from Favis-Velasco v. Gonzales

Learn how the Supreme Court defined probable cause in estafa cases and why solid evidence matters in fraud complaints.

Probable Cause in Public Procurement: Lessons from a Landmark Supreme Court Decision

The Supreme Court clarifies that procurement violations do not automatically establish probable cause for graft under Section 3(e) of RA 3019.

Understanding Probable Cause in Public Procurement: Insights from a Landmark Supreme Court Decision

The Supreme Court clarifies probable cause standards in public procurement cases, emphasizing that mere signature on documents does not prove bad faith.

Probable Cause and Government Procurement: Insights from the DOH v. Pascua Case

The Supreme Court dismissed DOH petitions against a trial court's TRO and injunction in a bidding dispute, ruling the case moot after the project proceeded.

Probable Cause in Corruption Cases: Insights from Arroyo v. Sandiganbayan

The Supreme Court explains when courts may review the Ombudsman's finding of probable cause in graft cases, using the Arroyo helicopter case as an example.

Navigating Probable Cause: The Ombudsman's Role in Philippine Criminal Prosecutions

This article explains the Ombudsman's power to determine probable cause in criminal cases, its limits, and the legal principles governing prosecutorial discretion in the Philippines.

Conspiracy and Probable Cause: When Presence Alone Does Not Imply Guilt in Fraud Cases

Mere presence at a meeting does not prove conspiracy in estafa cases. The Supreme Court explains what evidence is needed.

Probable Cause and Conspiracy: When Presence Alone Does Not Mean Guilt in Insurance Fraud

Supreme Court clarifies that mere presence and family ties do not establish conspiracy or probable cause in insurance fraud cases.

Conspiracy and Insurance Fraud: When Probable Cause Exists in Philippine Law

Supreme Court clarifies when mere presence and family ties do not establish conspiracy and probable cause in insurance fraud cases.

Mamasapano Tragedy: Determining Liability in Complex Military Operations

The Supreme Court clarifies the standards for determining criminal negligence and probable cause in the Mamasapano tragedy, addressing command responsibility and intervening causes.

Illegal Dismissal: Probable Cause Alone Does Not Justify Termination

Supreme Court clarifies that probable cause for qualified theft does not automatically justify an employee's dismissal; substantial evidence is required.

Competitive Bidding in Government Contracts: When Negotiated Procurement Is Allowed

A look at the Supreme Court's ruling on when negotiated procurement is valid under R.A. 9184, and the limits of Ombudsman discretion in finding probable cause.

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.

Warrant of Arrest: Judge's Discretion vs Executive Review in Philippine Criminal Procedure

Explaining the Supreme Court's ruling on the distinction between executive and judicial determination of probable cause in warrant issuance.

Supreme Court Upholds Ombudsman's Dismissal of Graft Charges Over Lahar Quarrying

The Court explains when it will not interfere with the Ombudsman's probable cause findings, even where injury to a landowner may exist.

Unlawful Arrest and Inadmissible Evidence: Safeguarding Constitutional Rights in Illegal Gambling Cases

When police lack probable cause for a warrantless arrest, seized evidence becomes inadmissible, leading to acquittal in illegal gambling cases.

Ombudsman’s Discretion in Probable Cause Determinations Upheld in Anti-Graft Case

Supreme Court affirms Ombudsman’s dismissal of graft charges, emphasizing courts only review probable cause findings for grave abuse of discretion.

Ombudsman's Discretion Upheld in Probable Cause Determinations for Anti-Graft Cases

Supreme Court affirms Ombudsman's dismissal of behest loan complaint, respecting prosecutorial discretion absent grave abuse.

Probable Cause and Ombudsman's Discretion: When Courts Can Intervene

The Supreme Court clarifies when courts may review prosecutorial findings and the limits of a private complainant's right to appeal criminal case dismissals.

Upholding THE Ombudsmans Discretion Probable Cause AND Abuse OF Authority IN Criminal Complaints

Judicial Review of Probable Cause: Safeguarding Against Hasty Prosecution

The Supreme Court affirms the Sandiganbayan's power to dismiss criminal cases when evidence fails to establish probable cause against accused public officials.

Upholding Warrantless Arrests in Buy-Bust Operations: Safeguarding Evidence and Ensuring Convictions

Learn how the Supreme Court upheld a warrantless arrest and drug seizure based on probable cause, preserving evidence integrity under Section 21 of RA 9165.