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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Confessions and Conspiracy: Probable Cause in the Batasan Bombing Case
The Supreme Court explains why a co-accused's confession alone cannot establish probable cause for conspiracy in the Batasan bombing case.
Probable Cause vs Evidentiary Weight: The DOJ Secretary’s Review Power Delineated
The Supreme Court clarifies when the DOJ Secretary oversteps by weighing evidence in a preliminary investigation, not just determining probable cause.
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.
Falsification of Documents: Probable Cause and Presumptions of Regularity
A Supreme Court ruling clarifies when allegations of falsification are enough to warrant prosecution, and the weight given to notarized documents.
Unraveling Estafa: The Supreme Court's Stance on Misappropriation and Probable Cause
A look at Burgundy Realty v. Reyes, where the Supreme Court clarified the elements of estafa and the low bar for probable cause in preliminary investigations.
Probable Cause and Judicial Discretion: Safeguarding Against Unjust Prosecution
The Supreme Court affirms a trial judge's dismissal of murder cases for lack of probable cause, clarifying judicial discretion in warrant issuance.
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.
Probable Cause in Graft Cases: SC Upholds Ombudsman's Discretion
The Supreme Court affirms the Ombudsman's broad discretion in determining probable cause for graft charges under R.A. 3019.
Navigating Libel Law: Probable Cause and Privileged Communication in the Philippines
A Supreme Court ruling clarifies that probable cause for libel is a prosecutor's call, and privileged communication is a trial defense.
THE Prosecutors Discretion Evaluating Probable Cause AND THE Right TO A Fair Hearing
Probable Cause vs Prosecutorial Discretion: The Perjury Case of Verzano v. Paro
A prosecutor cannot presume probable cause simply because a respondent fails to file a counter-affidavit. The Supreme Court explains why.
Probable Cause and Prosecutor's Review: Lessons from Verzano v. Paro
The Supreme Court clarifies when a prosecutor's finding of probable cause amounts to grave abuse of discretion, and how courts review such resolutions.
Probable Cause vs Equipoise Rule: Safeguarding Against Unjust Arrest in Arson Cases
When prosecutors flip-flop on probable cause, courts hold the line. Flores v. Gonzalez clarifies the equipoise rule and judicial independence.
Upholding Judicial Discretion THE Courts Power TO Review Probable Cause Despite DOJ Findings
Probable Cause and Judicial Discretion: Safeguarding Rights in Criminal Arrests
The Supreme Court clarifies a judge's duty in determining probable cause for warrants of arrest and limits on enjoining criminal prosecutions.
Probable Cause and Ombudsman Discretion: Incomplete Audit Does Not Bar Malversation Charges
The Supreme Court rules that an incomplete COA audit does not prevent the Ombudsman from finding probable cause for malversation of public funds.
Probable Cause and Search Warrants: Safeguarding Property Rights in Seizures
The Supreme Court clarifies probable cause standards for search warrants, balancing law enforcement with constitutional property rights.
Malicious Prosecution: Proving Legal Malice and Probable Cause in Damage Claims
Philippine Supreme Court clarifies that winning a criminal case dismissal does not automatically justify a malicious prosecution claim for damages.
Probable Cause Reassessment: When a Judge May Overturn a Prior Ruling on Arrest Warrants
A new presiding judge may reverse an earlier finding of no probable cause and order arrests, the Supreme Court ruled, clarifying the limits of judicial discretion.
Probable Cause and Warrantless Searches: Safeguarding Rights in Drug Cases
The Supreme Court explains when roadside warrantless searches are valid in drug cases and how probable cause protects accused persons' rights.
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.
Election Offenses and Probable Cause: The COMELEC's Role in Safeguarding Electoral Integrity
The Supreme Court clarifies the COMELEC's authority to find probable cause for election offenses and its limits on disqualification cases after proclamation.
Probable Cause vs Prosecutorial Discretion: The Metrobank v. Gonzales Ruling on Trust Receipt Estafa
The Supreme Court clarifies the limits of the Secretary of Justice's power to reverse probable cause findings in trust receipt estafa cases.
Trust Receipts and Estafa: What Philippine Businesses Should Know
Supreme Court clarifies probable cause standards in trust receipt violations under PD 115, safeguarding financial transactions in the Philippines.