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Showing 457–480 of 509 articles for “warrant”

When a Warrantless Arrest and Search Fail: Lessons from People v. Chua Ho San

The Supreme Court acquits a drug suspect after police searched his bag without probable cause, reaffirming constitutional protections.

When Does a Judge's Private Act Warrant Discipline? The Calimag Case

The Supreme Court explains when a judge's private conduct becomes administratively actionable, distinguishing serious misconduct from mere private acts.

Deficiency Tax Collection: When BIR Warrants Are Premature Under Philippine Law

Philippine Supreme Court clarifies when BIR collection of deficiency taxes is premature, and why the OSG must represent the CIR.

Invalid Search Warrants in the Philippines: Protecting Your Rights Against Unreasonable Searches

Learn how the Supreme Court protects Filipinos from unreasonable searches through the strict requirements for valid search warrants.

Valid Search Warrants in the Philippines: Probable Cause and Specificity

Philippine law requires probable cause and particular description for valid search warrants. Kho v. Makalintal clarifies how specific these must be.

Credibility in Rape Cases: Why Uncorroborated Testimony and Delay Can Lead to Acquittal in the Philippines

Philippine Supreme Court clarifies when uncorroborated victim testimony suffices for rape conviction and when delay or inconsistency may warrant acquittal.

Limits of Quo Warranto: Why Judgments Don't Automatically Bind Successors in Public Office

A quo warranto judgment binds only the parties. A successor who was not named cannot be ousted by execution, as Mendoza v. Allas shows.

When Posting Bail Means You Consent to Court Jurisdiction: Key Insights for the Accused

Posting bail can waive objections to a court's jurisdiction, even if the arrest warrant was invalid. Learn the rules from a Philippine Supreme Court case.

Attorney Disbarment When Misconduct Outside Legal Practice Impacts Professional Standing

Explaining when a lawyer's misconduct—even outside active practice—warrants disbarment, citing Resurreccion v. Sayson and the moral character requirement.

Separation of Powers: Why Courts Stay Out of Senate Leadership Disputes

The Supreme Court explains why it dismissed a quo warranto petition challenging the Senate minority leader's selection, citing separation of powers.

Clerk of Court Negligence: Ensuring Accurate Court Records to Prevent Wrongful Arrests

A clerk of court's failure to verify a recalled arrest warrant led to a wrongful arrest, resulting in a severe reprimand and a reminder of record-keeping duties.

Credibility of Rape Victims in Philippine Courts: Why Delayed Reporting and Minor Inconsistencies Don't Always

Philippine Supreme Court clarifies that delayed reporting and minor inconsistencies in a rape victim's testimony do not automatically destroy credibility or warrant acquittal.

Due Process in Court: Why Proper Notice and Hearing Are Non-Negotiable

A judge dismissed for quashing a search warrant and granting bail without notice—what this means for fair procedure in Philippine courts.

Warranting Precision: Why Describing the Right Place Is Crucial in Search Warrants

The Supreme Court explains why the place to be searched must be described with precision, and the consequences of a vague warrant.

When Can a Judge Issue an Arrest Warrant in the Philippines: Probable Cause and Necessity

Philippine Supreme Court clarifies when judges may issue arrest warrants during preliminary investigations, emphasizing the necessity requirement beyond probable cause.

Illegal Arrest Warrants and Due Process Under the Revised Rules on Summary Procedure

A judge's premature arrest warrant violated summary procedure rules, resulting in a fine and a reminder of due process.

Warrantless Arrests and Illegal Drug Cases in the Philippines: Know Your Rights

A look at People v. Aruta, a landmark ruling on warrantless arrests and the exclusionary rule in Philippine drug cases.

When an Affidavit of Desistance Cannot Dismiss a Rape Case: Due Process Lessons

A rape conviction was voided for lack of due process; an affidavit of desistance filed after case institution does not warrant dismissal.

Upholding Integrity: Why Government Employee Absenteeism and Dishonesty Lead to Dismissal in the Philippines

Philippine Supreme Court ruling on how habitual absenteeism and dishonesty by a court employee warranted dismissal from service with forfeiture of benefits.

Fixed vs Percentage Docket Fees: Annulment of Real Estate Contracts Qualifies for Fixed Fees

Philippine Supreme Court ruling on when annulment of real estate contracts warrants fixed docket fees rather than percentage-based fees.

Warrantless Arrests in the Philippines: When Police Can Search Without a Warrant

Learn when Philippine police may arrest and search without a warrant, based on a Supreme Court ruling on drug transport.

Warrantless Arrests and Transporting Illegal Drugs: Key Philippine Rulings

A look at the Supreme Court's ruling in People v. Correa on warrantless arrests, transporting illegal drugs, and the "use of a motor vehicle" aggravating circumstance.

Conspiracy and Warrantless Searches in Drug Transport Cases: People v. Correa

A 1998 Supreme Court ruling clarifies conspiracy in drug transport, warrantless searches, and why using a vehicle is not aggravating.

When a Lawyer's Private Misconduct Warrants Disciplinary Action

A lawyer's private misconduct can warrant suspension. This case explains when bad checks and deceitful conduct trigger discipline.