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 1–11 of 11 articles for “criminal case dismissal”

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Aug 27, 2020 criminal procedure private complainant appeal dismissal rules of court

Understanding the Limits of Private Complainants in Challenging Criminal Case Dismissals in the Philippines

Explore how Philippine courts treat private complainants' appeals in criminal case dismissals, including standing and procedural rules.

Aug 27, 2020 criminal procedure demurrer to evidence office of the solicitor general double jeopardy administrative law

Who May Appeal a Criminal Case Dismissal? The Rule on Private Complainants

A private complainant cannot question the dismissal of a criminal case; only the OSG may appeal the criminal aspect. Learn the rule.

May 13, 2019 probable cause criminal procedure ombudsman perjury private complainant appeal

Probable Cause and Ombudsman's Discretion: When Courts Can Intervene

The Supreme Court clarifies when courts may review prosecutorial findings and the limits of a private complainant's right to appeal criminal case dismissals.

Nov 25, 2015 criminal-law solicitor-general appeal standing estafa rules-of-court

Only the Solicitor General Can Appeal Criminal Case Dismissals

Private complainants cannot appeal the dismissal of criminal cases; only the OSG may do so on behalf of the State.

Dec 5, 2012 criminal procedure legal standing solicitor general appeal criminal case dismissal real party in interest

Standing to Sue: Why Private Complainants Cannot Appeal Criminal Dismissals Alone

Philippine Supreme Court ruling on why private complainants lack legal standing to appeal criminal case dismissals without the Solicitor General.

Jan 18, 2010 malicious prosecution legal malice probable cause damages criminal law philippine supreme court

Malicious Prosecution: Proving Legal Malice and Probable Cause in Damage Claims

Philippine Supreme Court clarifies that winning a criminal case dismissal does not automatically justify a malicious prosecution claim for damages.

Mar 17, 2009 mandamus criminal procedure probable cause withdrawal of information rule 65

Limits of Mandamus Court Discretion in Criminal Case Dismissals in the Philippines

Philippine Supreme Court clarifies when mandamus can compel a judge to dismiss criminal cases, and when it cannot.

Jul 13, 2004 criminal procedure prosecutorial discretion judicial review preliminary investigation rule 112

When Courts Must Independently Assess Criminal Case Dismissals: Judicial Discretion vs Agency Authority

Philippine Supreme Court clarifies when courts may independently review prosecutorial dismissals of criminal cases versus deferring to agency authority.

Nov 12, 2002 culpa-contractual culpa-criminal res-judicata forum-shopping civil-liability criminal-procedure

Culpa Contractual vs Culpa Criminal: Civil Action Can Proceed Despite Criminal Case Dismissal

A dismissed criminal case does not automatically bar a separate civil action based on breach of contract. Learn the distinction between culpa contractual and culpa criminal.

Mar 9, 2000 criminal procedure judicial independence dismissal of criminal cases probable cause certiorari estafa

Judicial Independence vs Executive Influence: Striking the Balance in Criminal Case Dismissal

When can a judge dismiss a criminal case on the prosecutor's recommendation? The Supreme Court clarifies the limits of judicial discretion.

Dec 22, 1997 prosecutorial discretion criminal procedure motion to dismiss crespo doctrine secretary of justice philippine law

Prosecutorial Discretion vs Court Authority: Navigating Criminal Case Dismissals in the Philippines

Philippine Supreme Court clarifies the balance between prosecutorial discretion and judicial authority in dismissing criminal cases after information is filed.