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Showing 97–120 of 184 articles for “prosecutor”

Amending an Information Before Plea: What Fronda-Baggao v. People Teaches Us

The Supreme Court clarifies when prosecutors may amend or consolidate criminal charges before arraignment, and how this affects an accused's rights.

Proving Illegal Sale of Shabu: The Role of Informants and Buy-Bust Operations

A Supreme Court ruling explains what prosecutors must prove in illegal drug sales cases and when an informant's testimony is dispensable.

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.

When a Lawyer's Criticism of a Judge Leads to Suspension: A Philippine Case Study

A senior state prosecutor's media attacks on a judge led to a one-year suspension. Learn the limits of lawyer speech.

Probable Cause in Estafa Through Falsification: DOJ Discretion Upheld in Go v. Court of Appeals

Supreme Court affirms DOJ's withdrawal of estafa charges, upholding prosecutorial discretion absent grave abuse and technical rules on appeals.

Ombudsman's Supervisory Power Over Special Prosecutor in Graft Cases

Supreme Court clarifies Ombudsman's authority to reverse Special Prosecutor's dismissal recommendation in public official graft cases.

Probable Cause VS Grave Abuse OF Discretion Navigating THE Prosecutors Role IN Criminal Cases

Authority TO File When CAN A State Prosecutor ACT Without City Prosecutor Approval

When Prosecutors Must Be Compelled: Grave Abuse of Discretion in Criminal Cases

The Supreme Court clarifies when courts may compel prosecutors to include accused persons in an Information, explaining the limits of prosecutorial discretion.

Prosecutorial Discretion and Grave Abuse: When Courts Can Compel Criminal Prosecution

The Supreme Court clarifies when courts may override a prosecutor's dismissal of charges and compel the inclusion of accused persons in an Information.

Authority to Prosecute: The Necessity of Proper Authorization in Filing Criminal Informations

A state prosecutor without proper written authority cannot validly file criminal charges. Learn from the Supreme Court's ruling in Turingan v. Garfin.

When Can Courts Compel the Ombudsman to Prosecute? Mandamus Limits Explained

The Supreme Court clarifies that mandamus cannot compel the Ombudsman to file criminal charges, as prosecutorial discretion remains with that office.

When an Accused Is Arraigned: DOJ Review of Prosecutor’s Ruling Barred

Philippine Supreme Court rules on DOJ Circular No. 70: arraignment bars the Secretary of Justice from reviewing a prosecutor’s resolution.

Why Filing Securities Complaints with the Right Agency Matters: Baviera v. Standard Chartered Bank

A Supreme Court ruling on why securities fraud complaints must start with the SEC, and when courts can question a prosecutor's dismissal.

Ombudsman's Discretion in Graft Cases: When Courts Step In

Explore how Philippine courts review Ombudsman discretion in graft cases, balancing prosecutorial independence with judicial oversight.

When Can a Prosecutor Dismiss Cases Without Ombudsman Approval? Soriano v. Marcelo

The Supreme Court clarifies when city prosecutors may dismiss cases against public officers without Ombudsman approval, and what constitutes grave abuse of discretion.

The Ombudsman's Control Over Special Prosecutors: Limits on Prosecutorial Authority

Philippine Supreme Court ruling on the Ombudsman's authority over special prosecutors and the limits of prosecutorial discretion in criminal cases.

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.

Speedy Trial Rights Dismissal OF Criminal Charges DUE TO Prosecutorial Delay

Explore how prosecutorial delay impacts speedy trial rights and when criminal charges may be dismissed in the Philippines.

When Courts Won't Overrule Prosecutors on Probable Cause: GlaxoSmithKline v. Malik

Philippine Supreme Court explains why courts defer to prosecutors on probable cause, using a dismissed drug case as an example.

Probable Cause VS Parallel Importation Navigating Prosecutorial Discretion IN Pharmaceutical Cases

Prosecutorial Discretion vs Judicial Review: Navigating Anti-Graft Cases in the Philippines

The Supreme Court clarifies when courts may interfere with the Ombudsman's power to investigate and prosecute anti-graft cases.

Private Complainants May File Certiorari in Criminal Cases: Rodriguez v. Gadiane

When can a private complainant in a criminal case file certiorari without the prosecutor's conformity? The Supreme Court explains in Rodriguez v. Gadiane.

Conflict of Interest and Private Practice: Lessons from Lim-Santiago v. Sagucio

A disbarment case clarifies when a lawyer's past ties create a conflict and why government prosecutors cannot practice privately.