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 457480 of 708 articles for prosecutor

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 Plea Does Not Bar Re-Arraignment: Double Jeopardy and Defective Informations

The Supreme Court explains when a conditional arraignment and an amended information do not trigger double jeopardy protections in Philippine criminal procedure.

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.

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.

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.

Psychological Incapacity in Philippine Annulment: Why Expert Evidence Is Crucial

Philippine Supreme Court explains why expert evidence is crucial in psychological incapacity annulment cases under Article 36 of the Family Code.

Due Process for Probationary Employees Navigating Termination and Notice Requirements in Philippine Labor Law

Understand the due process rights of probationary employees in the Philippines, including termination rules, notice requirements, and legal remedies.

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.

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.

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.

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.

Ombudsman's Power to Investigate and Prosecute SAL Violations Under RA 3019

The Supreme Court affirms the Ombudsman's authority to investigate and prosecute public officials for failure to file Statements of Assets and Liabilities.