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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Due Process in Preliminary Investigations: Raro v. Sandiganbayan Explained
The Supreme Court clarifies that defects in a preliminary investigation do not automatically invalidate an information or violate due process.
When Courts Overstep Authority in Preliminary Investigations: Domondon v. Sandiganbayan
The Supreme Court clarifies when courts may interfere with the Ombudsman's prosecutory discretion, and when judicial overreach becomes grave abuse.
Speedy Disposition of Cases: Balancing Individual Rights and Public Justice in Preliminary Investigations
The Supreme Court clarifies that the right to speedy disposition of cases is flexible, requiring a balancing test that weighs individual rights against public justice.
Disqualification Cases Filed After Elections But Before Proclamation: Bagatsing v. COMELEC
Disqualification complaints filed after elections but before proclamation are dismissed and referred for preliminary investigation, per Bagatsing v. COMELEC.
Election Disqualification Cases After the Polls: What Bagatsing v. COMELEC Means
When a disqualification case is filed after elections, COMELEC must dismiss it and refer it for preliminary investigation, not suspend proclamation.
Preliminary Investigations: Why Judges Must Follow Procedure — Domingo v. Reyes
A judge who rewrites a criminal complaint during preliminary investigation violates Rule 112. The Supreme Court explains why procedure matters.
When Can a Judge Issue an Arrest Warrant in the Philippines: Probable Cause and Necessity
Philippine Supreme Court clarifies when judges may issue arrest warrants during preliminary investigations, emphasizing the necessity requirement beyond probable cause.
Preliminary Investigation as a Substantive Right: The Duterte v. Sandiganbayan Doctrine
The right to preliminary investigation is substantive, not a mere formality. Duterte v. Sandiganbayan shows how its violation can void criminal charges.
Judge’s Negligence in Approving Fraudulent Bail Bond and Delaying Justice: Lessons from Tuliao v. Ramos
A Philippine judge was fined for approving a fake bail bond and delaying a homicide preliminary investigation. Learn the rules and takeaways.
The Right to Preliminary Investigation: A Shield for Liberty in Philippine Criminal Procedure
Philippine Supreme Court ruling on why a regular preliminary investigation is a substantive right, not a mere technicality, protecting the accused from arbitrary detention.
Preliminary Investigation Rules and Jurisdiction: Lessons from a Philippine Court Case
A Philippine judge's error on preliminary investigation jurisdiction offers practical lessons on criminal procedure and court authority.
When Judges Overstep in Preliminary Investigations: A Lesson from Depamaylo v. Brotarlo
A judge reduced murder to homicide to grant bail, ignored prosecution rights, and was fined P20,000 for misconduct.
Preliminary Investigation Essentials: A Judge's Duty and Probable Cause
What a landmark administrative case teaches about a judge's non-negotiable duties in preliminary investigation and probable cause determination.