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Showing 73–96 of 133 articles for “preliminary investigation”

Contempt of Court: Ensuring Due Process and Avoiding Abuse of Judicial Authority

A Supreme Court ruling clarifies when judges may issue arrest warrants in preliminary investigations and why good faith shields them from administrative liability.

When Can a Judge Issue an Arrest Warrant: Limits of Judicial Authority in Preliminary Investigation

Explains when judges may issue arrest warrants during preliminary investigation, citing a 2006 administrative case on judicial authority.

Safeguarding Due Process: Proper Preliminary Investigation and Bail Procedures

A Supreme Court ruling on a judge's administrative liability clarifies the mandatory rules on preliminary investigation and bail hearings in the Philippines.

Limits of Judicial Authority: Why Judges Cannot Redefine Charges in Bail Hearings

A judge conducting a preliminary investigation cannot change the crime charged to justify granting bail. Learn the limits of judicial authority.

Judicial Delay in the Philippines: The Limits of a Judge's Power in Bail and Preliminary Investigation

A Supreme Court ruling clarifies a judge's limits in bail hearings and preliminary investigations, and the duty to avoid judicial delay.

When the Prosecutor Files a Different Offense Than the Police: What the Supreme Court Says

The Supreme Court explains why a prosecutor may charge a different offense than what police initially identified—and why no second preliminary investigation is needed.

Acts of Lasciviousness Preliminary Investigation Sufficiency and Due Process Rights

Supreme Court clarifies when a preliminary investigation for one offense can support a different charge, and what due process requires.

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.

Limits of Ombudsman Discretion When Clarificatory Hearings Are Not Mandatory

Philippine Supreme Court ruling on when the Ombudsman may skip clarificatory hearings in preliminary investigations without abusing discretion.

Due Process in Forfeiture Cases: Spouses' Right to Preliminary Investigation

Explaining the Supreme Court's ruling on forfeiture proceedings, spouses' due process rights, and preliminary investigation requirements under RA 1379.

Accountable Officers Liability Upholding Due Diligence in Public Fund Management

Supreme Court ruling on judge's gross ignorance of law in bail and preliminary investigation procedures, reinforcing judicial accountability.

Judicial Overreach: The Limits of Preliminary Investigation and the Right to Bail

A judge who reclassifies syndicated estafa as simple estafa and grants bail without hearing commits gross ignorance of the law.

Withdrawal of Information vs Dismissal: What the Supreme Court Said

The Supreme Court clarifies when a motion to withdraw information is final, and how prosecutors must weigh both sides in preliminary investigation.

Upholding Due Process: Ignoring Preliminary Investigation Procedures Constitutes Gross Ignorance of the Law

A judge who skips the required preliminary investigation procedure violates due process and commits gross ignorance of the law.

Judge Fined for Gross Ignorance of the Law in Preliminary Investigation

The Supreme Court fined a municipal judge P10,000 for skipping the required preliminary investigation steps and misreading the rules on bail and arrest warrants.

Judicial Accountability: The Duty to Timely Transmit Preliminary Investigation Records

Why a judge's failure to transmit preliminary investigation records within 10 days is a punishable offense under Philippine law.

Judicial Misconduct: Judge Exceeds Authority in Preliminary Investigation

When a judge oversteps authority by conducting preliminary investigations, the Supreme Court steps in. Learn from Ribaya v. Binamira-Parcia.

Supplemental Complaints Upholding Justice AND Efficiency IN Legal Proceedings

Explore the Supreme Court's ruling on judicial authority in preliminary investigations, emphasizing the importance of adhering to jurisdictional boundaries and procedural rules.

Preliminary Investigation After Substantial Amendment: Due Process in Amended Criminal Charges

When can prosecutors amend criminal charges without a new preliminary investigation? The Supreme Court clarifies the due process rule.

Due Process Prevails: Substantial Amendment to Information Requires New Preliminary Investigation

Supreme Court rules substantial amendments to criminal informations require new preliminary investigation to protect accused's due process rights.

Certiorari as an Improper Substitute for a Lost Appeal: The Importance of Timely Filing

A Supreme Court ruling reminds litigants that certiorari cannot replace a lost appeal, and that probable cause in preliminary investigations rests on probability, not certainty.

Unlawful Arrest and the Right to Preliminary Investigation in Philippine Criminal Cases

When an arrest is unlawful, the accused gains the right to a full preliminary investigation, not merely an inquest. This article explains the rule.

Judicial Conduct and Dismissal: The Consequences of Gross Ignorance of the Law for Judges

A judge who flouts rules on preliminary investigation and bail faces dismissal. This case explains why.

Judge Dismissed for Gross Ignorance: The Rules on Preliminary Investigation and Bail

A judge's dismissal for mishandling preliminary investigations and bail bonds, and the lessons for judicial conduct.