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Showing 193–216 of 224 articles for “investigation”

Limits of Judicial Authority: Understanding Preliminary Investigations in the Philippines

A Supreme Court ruling clarifies that judges conducting preliminary investigations cannot reclassify crimes—that power belongs to the prosecutor.

The Limits of a Judge's Power in Preliminary Investigation: Lessons from Cabarloc v. Cabusora

A municipal judge cannot downgrade a murder charge or order the release of accused during preliminary investigation—that power belongs to the prosecutor.

Right to Speedy Disposition of Cases: When Delay Justifies Dismissal in Philippine Law

Philippine Supreme Court explains when delay in preliminary investigation violates the constitutional right to speedy disposition of cases.

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.

Ombudsmans Discretion When Courts Defer to Anti-Graft Investigations

Philippine courts defer to Ombudsman findings in anti-graft cases absent grave abuse of discretion. Learn from Morong Water District.

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.

Confessions and Counsel: Safeguarding Rights During Custodial Investigation in the Philippines

The Supreme Court explains what makes an extrajudicial confession valid, focusing on the right to counsel during custodial investigation.

Lawyer Ethics Matter: Why Misconduct Investigations Proceed Despite Complainant Withdrawal in the Philippines

Philippine Supreme Court clarifies that lawyer disciplinary cases continue despite complainant withdrawal, and silence is not admission of guilt.

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.

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.

Protecting Your Rights: Why an Uncounseled Confession Is Inadmissible in Philippine Courts

Philippine courts exclude uncounseled confessions. Learn the constitutional rights during custodial investigation and why a confession without counsel cannot convict.

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.

Confessions to Media in Philippine Law: The Domantay Case on Custodial Investigation

When are confessions to media admissible in Philippine courts? The Domantay case explains the limits of custodial investigation rights.

Valid Confession in Philippine Law: When Your Words Can Be Used Against You

Learn when a confession is valid and admissible in Philippine courts, and how constitutional rights during custodial investigation protect accused persons.

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.

Admissibility of Confessions: Protecting Rights During Custodial Investigation in the Philippines

Philippine Supreme Court rules on when a confession obtained without counsel during custodial investigation is inadmissible in evidence.

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.

Right to Counsel in Philippine Administrative Investigations: What You Need to Know

Learn when the right to counsel applies in Philippine administrative investigations, based on Supreme Court rulings and practical guidance.

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.

Admissibility of Confessions: Protecting Your Rights During Custodial Investigation in the Philippines

The Supreme Court acquits a murder accused whose extrajudicial confession was taken without full Miranda rights, reaffirming constitutional safeguards.

Custodial Investigation Protecting Your Right TO Counsel OF Choice

Confessions and Constitutional Rights: Navigating Custodial Investigations in the Philippines

Philippine law on confessions and custodial investigation rights explained through People v. Fabro, a 1997 Supreme Court ruling.