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Showing 169–192 of 377 articles for “prosecution”

Dismissal Before Prosecution Rests: Double Jeopardy and Due Process in Anti-Graft Cases

Supreme Court clarifies when a premature dismissal of an anti-graft case bars refiling, and why due process matters more than double jeopardy.

Presumption of Innocence Prevails: Unreliable Testimony Leads to Acquittal in Rape Case

Supreme Court acquits rape accused where prosecution evidence failed to overcome the constitutional presumption of innocence and prove guilt beyond reasonable doubt.

Rape Conviction Upheld: Moral Ascendancy and Victim Testimony in Qualified Rape Cases

Supreme Court affirms qualified rape conviction, explaining moral ascendancy, victim credibility, and why date discrepancies do not defeat the prosecution's case.

Estafa Conviction Overturned: The Critical Role of Notice in Bouncing Check Cases

The Supreme Court acquits Goretti Ong of estafa, ruling that failure to prove notice of dishonor is fatal to a bouncing check prosecution.

BP 22 Cases Not Suspended by Corporate Rehabilitation: Tiong Rosario v. Co

Corporate rehabilitation suspends claims against a company, but not criminal prosecution of officers for bouncing checks under BP 22.

Eyewitness Testimony and Alibi Defense: Proving Guilt Beyond Reasonable Doubt in Arson Cases

How a credible lone eyewitness can overcome alibi and denial in Philippine arson prosecutions, with practical lessons.

Bouncing Checks and Iniquitous Interest: When a Civil Case Cannot Stop a Criminal Prosecution

Learn when a dispute over unconscionable interest rates can—and cannot—suspend criminal prosecutions for bouncing checks under BP 22.

Water Districts Are Government-Owned: Anti-Graft Law Applies to Their Officers

Supreme Court rules local water districts are government-owned corporations, so their managers face Anti-Graft Law prosecution for corrupt practices.

Indirect Contempt and Forum Shopping: Safeguarding Judicial Processes in the Philippines

Philippine Supreme Court clarifies that dismissal of an administrative case does not bar criminal prosecution for the same acts, and warns against forum shopping and delaying tactics.

Administrative Absolution Does NOT BAR Criminal Prosecution Ensuring Accountability IN Public Office

Philippine Supreme Court ruling: dismissal of an administrative case does not bar criminal prosecution for the same acts against public officials.

Rape of a Child with Intellectual Disability: When Knowledge of the Victim's Condition Matters

The Supreme Court clarifies when the prosecution must prove an accused knew the victim had an intellectual disability in qualified rape cases.

Demurrer to Evidence: Insufficient Proof in Customs and Anti-Graft Cases Leads to Dismissal

When prosecution evidence fails to establish a prima facie case, a demurrer to evidence may lead to dismissal. The Supreme Court explains.

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.

Partnership Disputes: Fiduciary Duties, Equitable Remedies, and the Right to Present Evidence

Supreme Court ruling on partnership disputes, fiduciary duties, equitable remedies, and the prosecution's right to present evidence in criminal cases.

Prescription IN Anti Graft Cases THE States Right TO Recover ILL Gotten Wealth VS Timely Prosecution

When a Gun Ban Charge Does Not Bar Illegal Possession of Firearms: Celino v. Court of Appeals

The Supreme Court clarifies when a COMELEC gun ban charge prevents prosecution for illegal possession of firearms under R.A. 8294.

Res Judicata and Anti-Graft Cases: When Prior Dismissals Bar Prosecution

The Supreme Court ruled that a final dismissal of a behest-loan complaint bars a later anti-graft prosecution over the same transaction, even against officials not named in the first case.

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.

Malicious Prosecution: The High Bar for Damages in the Philippines

Learn when filing a baseless criminal case can lead to damages for malicious prosecution in the Philippines, and the strict legal standards courts apply.

Buy-Bust Conviction Affirmed: Court Upholds Life Sentence for Shabu Sale

Supreme Court affirms life imprisonment for two women caught selling shabu in a buy-bust operation, ruling prosecution proved guilt beyond reasonable doubt.

Judicial Discretion VS Executive Review Resolving Conflicts IN Criminal Prosecution

Malicious Prosecution Establishing Liability FOR Unjust Legal Actions IN THE Philippines

Malicious Prosecution in Estafa Cases: When a Criminal Complaint Becomes a Tort

The Supreme Court clarifies when filing an estafa complaint without probable cause constitutes malicious prosecution, making the complainant liable for damages.

B.P. 22 Conviction Requires Proper Presentation of Notice of Dishonor: The Tan Case

A B.P. 22 conviction requires the prosecution to properly present the notice of dishonor in court; failure to do so negates the presumption of knowledge of insufficient funds.