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 Archiving Criminal Cases Becomes Gross Ignorance of the Law: Ricablanca v. Barillo
A judge's duty to transmit preliminary investigation records to prosecutors, explained through the Supreme Court's ruling in Ricablanca v. Barillo.
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.
Administrative Due Process: Preliminary Investigation Before Formal Charge Is Mandatory
The Supreme Court voids GSIS administrative charges and suspensions issued without preliminary investigation, and orders back salaries for affected employees.
When Courts Defer to Ombudsman Discretion in Anti-Graft Investigations
Sandiganbayan need not order a new preliminary investigation when a re-filed anti-graft information merely changes the mode of committing the same offense.
Re-Filing Graft Case Needs No New Preliminary Investigation When Only the Mode of Commission Changes
A re-filed graft information that changes only the mode of committing the offense, not its nature, does not require a new preliminary investigation.
When Is a Public Official "Formally Charged"? Supreme Court Clarifies in Administrative Case
The Supreme Court clarifies when a government employee is considered "formally charged," ruling that mere complaints pending preliminary investigation do not amount to formal charges.
Probable Cause and Witness Credibility in Preliminary Investigations for Murder
Supreme Court clarifies how prosecutors should weigh witness credibility and probable cause in murder preliminary investigations.
Delegation of Preliminary Investigation: A Judge's Duty and Its Limits
A judge cannot delegate preliminary investigation to court personnel. The Supreme Court explains why in Mago v. Judge Peñalosa-Fermo.
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.
Gross Ignorance of Law Improper Denial of Preliminary Investigation Rights
SC rules judge liable for undue delay and improper denial of reinvestigation, violating accused's right to preliminary investigation.
Reopening a Preliminary Investigation Does Not Prove Prosecutorial Partiality
Supreme Court clarifies that reopening a preliminary investigation is not proof of bias under the Anti-Graft law, absent evidence of bad faith.
Ensuring Due Process When Procedural Technicalities Clash With Fair Investigation
The Supreme Court reminds courts that procedural rules must yield to substantive justice, especially when a respondent's right to due process in preliminary investigation is at stake.
DUE Process VS Public Opinion Reconciling Impartiality IN Preliminary Investigations
Preliminary Inquiry vs Prosecution Probable Cause: Key Distinction in Arrest Warrants
The Supreme Court clarifies the difference between a judge's arrest-warrant inquiry and a prosecutor's probable cause determination in preliminary investigations.
Understanding Privileged Communication in Philippine Libel Law: The Alcantara Case
Learn how the Supreme Court protects statements made during preliminary investigations from libel claims through the doctrine of privileged communication.
Preliminary Investigation Rights and the Definition of Rape: Key Lessons from De Castro
Learn when the right to preliminary investigation is waived and why finger insertion constitutes rape through sexual assault under Philippine law.
Why Courts Must Scrutinize Motions to Withdraw Criminal Cases in the Philippines
The Supreme Court affirms that inordinate delay in preliminary investigation violates an accused's constitutional right to due process and speedy disposition.
Justice Delayed IS Justice Denied Understanding Your Right TO Speedy Trial IN THE Philippines
The Supreme Court affirms that inordinate delay in preliminary investigation violates the constitutional right to speedy disposition of cases.
Ombudsman's Authority and Due Process: Protecting Rights in Preliminary Investigations
Philippine Supreme Court ruling clarifies that preliminary investigation requires due process, not just procedural compliance.
Due Process and Preliminary Investigations: Balancing Rights in Philippine Law
Learn how the Supreme Court protects due process rights in Philippine litigation, including the duty to serve pleadings on counsel of record.
When Judges Overstep Preliminary Investigation Boundaries: A Lesson in Judicial Overreach
SC ruling on a judge who issued arrest warrants without preliminary investigation, and the limits of judicial authority.
Ombudsman Discretion in Preliminary Investigations: Limits of Judicial Review in the Philippines
The Supreme Court clarifies the scope of judicial review over prosecutorial findings in preliminary investigations, emphasizing the standard of grave abuse of discretion.
Preliminary Injunctions and Grave Abuse of Discretion: What Philippine Courts Require
Philippine Supreme Court clarifies when a judge's error becomes grave abuse of discretion, using a preliminary investigation case as guide.
When Judges May Conduct Preliminary Investigation and Issue Warrants: Lessons from Lumbos v. Baliguat
A judge's authority to conduct preliminary investigation and issue warrants, explained through an administrative case dismissed for good faith.