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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Probable Cause VS Parallel Importation Navigating Prosecutorial Discretion IN Pharmaceutical Cases
Probable Cause in Search Warrants: Lessons from the Marlboro Counterfeit Case
When is a search warrant valid in IP cases? The Supreme Court clarifies probable cause standards in People v. Choi.
Mayor's Personal Deposit of Municipal Checks: Official Misconduct and Probable Cause
Supreme Court ruling on when a mayor's deposit of municipal checks into a personal account constitutes probable cause for graft under RA 3019.
Behest Loans and the Ombudsman's Discretion: When Courts Refuse to Intervene
The Supreme Court affirms the Ombudsman's dismissal of behest loan charges against DBP officials, underscoring the wide discretion given to the Ombudsman in determining probable cause.
Probable Cause and Abuse of Discretion: Navigating DOJ Decisions in the Philippines
When can courts overturn a DOJ Secretary's ruling on probable cause? Learn the high bar of grave abuse of discretion.
Upholding Due Process in Search Warrants: The Kho v. Lanzanas Standard
Philippine Supreme Court clarifies probable cause standards for search warrants and due process in intellectual property cases.
Probable Cause and Search Warrants: Ensuring Constitutional Safeguards
A judge who issues a search warrant without a probing examination of witnesses may be administratively liable. Betoy v. Coliflores guides on probable cause.
Probable Cause in Search Warrants: The Judge's Duty Beyond Issuance
A judge's duty in search warrants does not end with signing—probable cause requires probing examination and post-issuance oversight.
Probable Cause and Warrants of Arrest: Safeguarding Your Rights in the Philippines
Understand probable cause and warrant issuance in Philippine criminal procedure, explained through the Supreme Court's ruling in De Joya v. Marquez.
Ombudsmans Discretion Challenging Probable Cause Determinations IN Corruption Cases
Ombudsmans Discretion Limits OF Judicial Review IN Probable Cause Determinations
Probable Cause in Search Warrants: Lessons from Sony Music v. Judge Espanol
The Supreme Court quashed a search warrant in a copyright case because the applicant and witnesses had no personal knowledge that the discs were pirated, only hearsay.
Malicious Prosecution: Proving Malice and Lack of Probable Cause in Criminal Complaints
The Supreme Court explains when filing criminal complaints becomes malicious prosecution, requiring proof of both malice and lack of probable cause.
Perjury and Probable Cause: When Sworn Statements Fall Short of Falsehood
The Supreme Court clarifies the elements of perjury and the limits of probable cause in criminal complaints before the Ombudsman.
Upholding the Ombudsman's Discretion: When Courts Defer to Probable Cause Findings in the Philippines
Philippine courts generally defer to the Ombudsman's finding of probable cause, absent grave abuse of discretion. Learn what this means for respondents in administrative cases.
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.
Ombudsmans Discretion Evaluating Probable Cause IN Anti Graft Cases
When the Ombudsman Dismisses a Graft Complaint: The Limits of Judicial Review
Explore Samson v. Ombudsman, where the Court upheld the Ombudsman's dismissal of a graft complaint for lack of probable cause, clarifying the limits of certiorari and mandamus.
Copyright Search Warrants: Balancing IP Rights and Constitutional Safeguards
Philippine Supreme Court ruling on probable cause and specificity in copyright infringement search warrants against software piracy.
Public Office Conduct: Mayor's Residence vs Public Good in Radio Antenna Installation
Supreme Court clarifies when courts may review Ombudsman findings on probable cause and public officers' use of government property.
Probable Cause and Due Process: When a Judge’s Contempt Power Becomes Grave Abuse
A Supreme Court ruling on a judge’s arrest of a traffic enforcer clarifies the limits of contempt power and due process.
Reasonable Doubt and Warrants in Drug Cases: People v. Ayangao
The Supreme Court affirms a drug transport conviction, explaining probable cause for warrantless arrests and the limits of the alibi defense.
When a Search Warrant Fails: Probable Cause in Illegal Firearm Cases
Philippine Supreme Court explains why a search warrant for illegal firearms was void—no probable cause on lack of license—and seized items inadmissible.
Unlawful Arrest Invalidates Drug Evidence Protecting Constitutional Rights Against Unreasonable Searches
Supreme Court acquits drug suspect after warrantless arrest and search lacked probable cause, applying the exclusionary rule.