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.

Showing 112 of 12 articles for arrest warrants

Probable Cause for Arrest Warrants: Insights from the Relampagos v. Sandiganbayan Ruling

The Supreme Court clarifies the standard for probable cause in issuing arrest warrants, distinguishing executive from judicial determination.

Judicial Accountability: Gross Ignorance of the Law in Issuing Unlawful Arrest Warrants

When a judge issued arrest warrants in cases where the law forbids them, the Supreme Court held him liable for gross ignorance of the law.

Due Process and Arrest Warrants: Notice Requirements in Summary Procedure Cases

When can a court issue an arrest warrant in summary procedure cases? The Supreme Court clarifies the notice requirement and due process rules.

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.

When Judges Overstep Preliminary Investigation Boundaries: A Lesson in Judicial Overreach

SC ruling on a judge who issued arrest warrants without preliminary investigation, and the limits of judicial authority.

When Can a Judge Issue an Arrest Warrant: Limits of Judicial Authority in Preliminary Investigation

Explains when judges may issue arrest warrants during preliminary investigation, citing a 2006 administrative case on judicial authority.

When Habeas Corpus Fails Understanding Valid Arrest Warrants in the Philippines

The Supreme Court explains why habeas corpus cannot prosper when a person is detained under a valid arrest warrant and charged with a crime.

Judicial Discretion in Issuing Arrest Warrants: Balancing Rights and Efficiency in Philippine Courts

Philippine Supreme Court clarifies that judges have sound discretion in issuing arrest warrants, not a ministerial duty, in Sesbreño v. Judge Aglugub.

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.

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.

Illegal Arrest Warrants and Due Process Under the Revised Rules on Summary Procedure

A judge's premature arrest warrant violated summary procedure rules, resulting in a fine and a reminder of due process.

Probable Cause and Issuance of Arrest Warrants: The Roberts Case Explained

When must a judge examine records before issuing warrants? The Roberts case clarifies probable cause and arrest warrant rules.