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Showing 1–24 of 25 articles for “criminal procedure”

DOJ Authority Over Preliminary Investigations: What It Means for Criminal Procedure in the Philippines

The Supreme Court recognizes the DOJ's authority to issue its own rules on preliminary investigations and repeals inconsistent provisions of Rule 112.

Bill of Particulars in Philippine Criminal Procedure: What Enrile v. Sandiganbayan Teaches

The Supreme Court clarifies the role and limits of a bill of particulars in criminal cases, and the remedies available to an accused.

Probable Cause and Syndicated Estafa: Key Insights from a Landmark Philippine Supreme Court Case

The Supreme Court clarifies probable cause, syndicated estafa, and conspiracy in Debuque v. Nilson, a landmark ruling on criminal procedure.

Understanding Theft in the Philippines: Key Insights From a Landmark Supreme Court Case

A look at how the Supreme Court clarifies plea bargaining rules in drug cases and what this means for criminal procedure in the Philippines.

Warrant of Arrest: Judge's Discretion vs Executive Review in Philippine Criminal Procedure

Explaining the Supreme Court's ruling on the distinction between executive and judicial determination of probable cause in warrant issuance.

When Police Searches Go Wrong: Acquittal in a Carnapping Case

A look at how illegal searches and inadmissible confessions led to an acquittal in a carnapping case, and what this means for criminal procedure.

Due Process, Jurisdiction, and Provisional Remedies in Philippine Criminal Law

A look at Villamor v. People on due process, jurisdiction, and provisional remedies in Philippine criminal procedure.

Quashal vs Provisional Dismissal: Understanding the Nuances of Criminal Procedure in the Philippines

The Supreme Court clarifies the key differences between a motion to quash and provisional dismissal under Rule 117, and why the time-bar rule does not apply to quashal orders.

Theft by Deceit Conviction Stands Despite Missing Testimony and Affidavit of Desistance

Supreme Court affirms estafa conviction even with missing transcript and complainant's affidavit of desistance, clarifying key criminal procedure rules.

Prejudicial Question in Philippine Criminal Procedure: Suspends, Not Dismisses, Criminal Cases

Understand the prejudicial question doctrine in Philippine criminal procedure—how it suspends rather than dismisses criminal cases, with key rules.

When a Plea Does Not Bar Re-Arraignment: Double Jeopardy and Defective Informations

The Supreme Court explains when a conditional arraignment and an amended information do not trigger double jeopardy protections in Philippine criminal procedure.

Understanding Judicial Delay and Accountability Through a Landmark Philippine Rape Conviction

A father's rape conviction highlights Philippine rules on judicial delay, information amendment, and accountability in criminal procedure.

Probable Cause and Warrants of Arrest: Safeguarding Your Rights in the Philippines

Understand probable cause and warrant issuance in Philippine criminal procedure, explained through the Supreme Court's ruling in De Joya v. Marquez.

Interlocutory Orders Understanding Appealability IN Philippine Criminal Procedure

Learn when an order denying a motion to quash is interlocutory and not appealable, based on Basa v. People (G.R. No. 152444).

Bail Hearings Are Mandatory: Lessons from a Judge's Administrative Liability

A judge was fined for granting bail without a hearing. Learn the mandatory bail rules under Philippine criminal procedure.

Uncounseled Confessions and the Right to Silence: Protecting Due Process in Philippine Criminal Law

The Supreme Court clarifies when uncounseled confessions are inadmissible and why timely objections matter in Philippine criminal procedure.

No Bail Hearing A Judge's Costly Mistake and Your Rights in Philippine Criminal Procedure

A judge who grants bail in a capital offense without a hearing commits gross ignorance of the law. Learn your rights.

Pleading Pitfalls: How Incorrect Wording in Rape Informations Can Impact Penalties in the Philippines

Learn how defective wording in rape informations can affect penalties, based on Philippine Supreme Court rulings on criminal procedure.

Qualified vs Simple Rape in Philippine Law: The Importance of Clear Charges

Why the Supreme Court downgraded a death sentence for qualified rape to simple rape, and what it means for criminal procedure.

Voluntary Confessions in Philippine Law: Safeguarding the Rights of the Accused

Understanding the constitutional safeguards governing voluntary confessions in Philippine criminal procedure, and how courts protect the accused.

Bail Hearings Are Non-Waivable: Upholding Due Process in Philippine Criminal Procedure

The Supreme Court reaffirms that bail hearings in capital offenses are mandatory and cannot be waived, dismissing a judge who granted bail without one.

Motion to Quash Denied: Navigating Criminal Procedure and Your Rights in the Philippines

Learn when a motion to quash can be denied, the limits of certiorari, and your rights in Philippine criminal procedure.

Prejudicial Question Doctrine: When Civil Cases Halt Criminal Proceedings in the Philippines

Understand the prejudicial question doctrine in Philippine criminal procedure, including when courts may suspend criminal cases pending civil actions.

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.