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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Judicial Accountability A Judges Duty TO Personally Determine Probable Cause FOR Arrest
Balancing Ombudsman's Discretion With Due Process, Grave Abuse, and Probable Cause in PCGG Cases
The Supreme Court clarifies when the Ombudsman's dismissal of complaints constitutes grave abuse of discretion, using the Bataan nuclear plant case as a prime example.
Judicial Discretion in Determining Probable Cause for Arrest Warrants
Explaining the judge's exclusive duty to personally determine probable cause for arrest warrants and the limits of judicial discretion.
Unlawful Searches Protecting Vehicle Privacy IN THE Philippines
When can police search a vehicle without a warrant? The Supreme Court explains probable cause, plain view, and consent rules.
Behest Loans, Prescription, and Ombudsman Discretion in Anti-Graft Cases
The Supreme Court clarifies the discovery rule for behest loan offenses and the Ombudsman's broad discretion to dismiss complaints lacking probable cause.
Judicial Overreach Reassessing Ombudsmans Discretion In Anti Graft Prosecutions
When can courts overturn an Ombudsman's finding of probable cause? The Supreme Court clarifies the limits of prosecutorial discretion.
Probable Cause and Judicial Discretion in Anti-Graft Cases: Odin Security Agency v. Sandiganbayan
The Supreme Court explains when courts may dismiss criminal cases for lack of probable cause and the limits of certiorari review in graft cases.
Timeliness and Probable Cause: When Delayed Behest Loan Cases Are Dismissed
The Supreme Court explains when the Ombudsman may dismiss behest loan complaints for lack of probable cause despite long delays.
Proper Procedure and Due Diligence in Judicial Issuance of Warrants of Arrest
A judge's duty to independently determine probable cause before issuing warrants, explained through a Philippine Supreme Court ruling.
Ombudsman’s Probable Cause Finding in Anti-Graft Cases: When Courts Will Not Interfere
The Supreme Court affirms the Ombudsman’s broad discretion in determining probable cause for anti-graft charges, limiting judicial review.
Ombudsman's Discretion: When Courts Won't Intervene in Dismissals
Philippine Supreme Court explains the limits of judicial review over the Ombudsman's power to dismiss criminal complaints for lack of probable cause.
Trust Receipts and Estafa in the Philippines: Understanding Liability and Compliance
Learn how the Supreme Court clarified trust receipt violations, estafa liability, and probable cause in Metrobank v. Tonda.
Malicious Prosecution in Philippine Law: Probable Cause and Malice Explained
Philippine Supreme Court clarifies when a failed criminal complaint becomes malicious prosecution, requiring proof of lack of probable cause and sinister motive.
Probable Cause and Warrants of Arrest: Ensuring Judicial Independence
The Supreme Court clarifies probable cause standards for warrants, reinforcing judicial independence in determining probable cause for arrests.
Electoral Integrity Safeguarding Votes Against Tampering And Manipulation
The Supreme Court ruled that glaring vote discrepancies in election returns, certificates of canvass, and statements of votes constitute probable cause for election offenses under RA 6646.
Dismissal Without Malicious Prosecution: Why Probable Cause Matters in Philippine Law
Philippine Supreme Court explains why a dismissed criminal case does not automatically mean malicious prosecution. Learn the legal distinction.
Protecting Your Rights When Government Authority Crosses THE Line IN THE Philippines
A look at Obra v. Court of Appeals: when government officials seize property without probable cause, they violate constitutional rights and may be liable for damages.
Ombudsman's Discretion on Probable Cause: Why Good Faith Is a Trial Defense, Not a Dismissal Card
The Supreme Court rules that good faith is an evidentiary defense for trial, not grounds to block an Ombudsman indictment for probable cause.
When a Warrantless Arrest and Search Fail: Lessons from People v. Chua Ho San
The Supreme Court acquits a drug suspect after police searched his bag without probable cause, reaffirming constitutional protections.
Valid Search Warrants in the Philippines: Probable Cause and Specificity
Philippine law requires probable cause and particular description for valid search warrants. Kho v. Makalintal clarifies how specific these must be.
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.
Robbery With Homicide Establishing Intent AND Liability IN Philippine LAW
Explains the Supreme Court ruling on probable cause for falsification of public documents and illegal use of alias under Philippine law.
Malicious Prosecution: Probable Cause and Legal Malice in Unfair Competition Cases
Philippine Supreme Court clarifies when filing unfair competition charges constitutes malicious prosecution, requiring proof of absent probable cause and legal malice.
Malicious Prosecution in the Philippines: Probable Cause and Legal Malice Explained
Learn the three elements of malicious prosecution in the Philippines, including probable cause and legal malice, from the Drilon v. Court of Appeals ruling.