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Showing 49–72 of 184 articles for “prosecutor”

Due Process and Prosecutorial Review: Ensuring Fair Hearings in Philippine Justice

Explore how the Supreme Court protects employee rights through due process, prosecutorial review, and fair hearings in Philippine labor disputes.

When Can a Judge Dismiss a Prosecutor's Case for Lack of Probable Cause?

The Supreme Court clarifies the boundary between a prosecutor's and a judge's power to determine probable cause in criminal cases.

Judicial Independence and the Court's Power to Review Probable Cause for Arrest

When can a judge dismiss a case for lack of probable cause despite the prosecutor's finding? The Supreme Court clarifies the limits of judicial review.

Presumption of Regularity in Disbarment Cases Against Public Prosecutors

Supreme Court clarifies that lawyers face disbarment only on clear evidence, not mere allegations of misconduct.

Prescription Period for Ordinance Violations: Filing the Complaint vs. the Information

When does prescription run for ordinance violations? The Supreme Court clarifies whether filing a complaint with the prosecutor interrupts the period.

Self-Defense vs. Extralegal Killing: Probable Cause in Murder Cases

When police claim self-defense after a killing, what must prosecutors weigh? The Supreme Court clarifies probable cause in Aguilar v. DOJ.

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.

Private Prosecutors in Perjury Cases: Upholding the Offended Party's Rights

Explaining when a private prosecutor may intervene in perjury cases, citing the Supreme Court's ruling in Lee Pue Liong v. Chua Pue Chin Lee.

The Court's Duty of Independent Assessment in Dismissing Criminal Cases

When prosecutors move to withdraw an Information, trial courts must independently assess the merits—not just perfunctorily deny the motion.

Ombudsman's Immunity Power Prevails in Protecting the State's Interest in Prosecuting Corruption

Supreme Court rules courts should defer to Ombudsman's grant of immunity to state witnesses in corruption cases, protecting prosecutorial discretion.

Probable Cause and Conflicting Testimonies in Rape and Illegal Detention Cases

When may courts override prosecutors on probable cause? The Supreme Court clarifies in a case of rape, illegal detention, and conflicting testimonies.

Shareholder Rights Demanding Corporate Transparency Through Inspection Rights

Explaining the Supreme Court ruling on stockholder inspection rights under Section 74 of the Corporation Code and the limits of judicial review of prosecutorial findings.

Falsification and Probable Cause: Protecting Individuals From Baseless Criminal Charges

The Supreme Court clarifies when courts may review prosecutors' findings and what probable cause requires in falsification cases.

Checks and Balances Upholding Presidential Authority to Remove Deputies Despite Ombudsman Independence

The Supreme Court upholds the President's power to discipline Deputy Ombudsmen and Special Prosecutors, balancing independence with accountability.

Judge, Prosecutor, and the Disapproved Resolution: Balancing Judicial Discretion and Prosecutorial Independenc

A judge insisted a prosecutor produce a disapproved resolution. The Supreme Court clarifies the limits of judicial discretion in warrant issuance.

Disbarment for Conflicting Interests and Bribery: Upholding Ethical Standards in the Legal Profession

A prosecutor's disbarment for representing conflicting interests and bribery conviction underscores the high ethical standards required of lawyers.

Probable Cause and Estafa: When Failed Corporate Investments Stay Civil, Not Criminal

Supreme Court ruling on when failed corporate investments amount to estafa, and why probable cause findings by prosecutors are rarely disturbed.

When Does Prescription Run for Bounced Checks? The Pangilinan Ruling

The Supreme Court clarifies when the prescriptive period for BP 22 cases is interrupted—and why filing with the prosecutor's office counts.

When Prescription Stops: Filing Complaints with Prosecutors Under Special Laws

The Supreme Court clarifies that filing a complaint with the prosecutor's office interrupts prescription for special laws like BP 22.

Crediting Prior Government Service for Retirement in the Judiciary: A Guide for Philippine Judges

Explains when Philippine judges and justices can credit prior government service, like prosecutor work, for retirement and longevity pay.

Upholding Judicial Integrity When Court Employees Abuse Authority

When trial courts blindly follow prosecutors, they abdicate judicial duty. The Supreme Court explains why double jeopardy did not attach.

Prosecutors Discretion Prevails Understanding The Limits OF Bureau OF Customs Authority IN Smuggling Cases

The Supreme Court clarifies that the Bureau of Customs cannot control criminal prosecutions—that power belongs to public prosecutors.

Moral Conduct in Public Service: Upholding Ethical Standards in the Judiciary

Supreme Court affirms dismissal of libel complaint against prosecutor who questioned a judge's moral fitness in official pleadings.

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.