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Showing 1–24 of 184 articles for “prosecutor”

Forum Shopping in Disbarment Cases: Protecting Government Lawyers Under the CPRA

The Supreme Court dismisses a disbarment case against prosecutors, clarifying rules against "effective forum shopping" under the CPRA.

Disbarment for Influence Peddling When Legal Representation Crosses Ethical Lines

A lawyer who took millions from a client by promising to fix prosecutors was disbarred. The Supreme Court explains why influence-peddling is unforgivable.

SALN Disclosure: Defining the Scope of Assets and the Limits of Prosecutorial Discretion

A look at Bariata v. Ombudsman, which clarifies what must be declared in a SALN and when the Ombudsman's dismissal of charges stands.

Plea Bargaining in Drug Cases: The Supreme Court Framework and DOJ Guidelines

The Supreme Court clarifies the rules on plea bargaining in drug cases, balancing judicial discretion with prosecutorial consent under A.M. No. 18-03-16-SC and DOJ Circular No. 18.

Ombudsmans Discretion Protecting Public Interest VS Prosecutorial Overreach

Rape Conviction Upheld: Jurisdictional Challenges and Circumstantial Evidence

Supreme Court affirms rape conviction, clarifying that a prosecutor's lack of written authority does not defeat a court's jurisdiction and that circumstantial evidence can prove carnal knowledge.

When Prosecutorial Delay Violates the Right to Speedy Disposition of Cases

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

Ombudsman’s Disciplinary Power Over Special Prosecutor: Balancing Independence and Accountability

The Supreme Court rules on the Ombudsman’s power to discipline the Special Prosecutor, clarifying removal authority and due process in administrative cases.

Probable Cause and the Ombudsman: When Courts Defer to Prosecutorial Discretion

The Supreme Court affirms the Ombudsman's probable cause findings in public official cases, reinforcing judicial restraint absent grave abuse of discretion.

Understanding Probable Cause: Judicial vs Executive Determinations in Customs Violations

The Supreme Court clarifies the difference between executive and judicial probable cause in customs cases, and when courts may overturn prosecutors' findings.

Proving Bad Faith and Undue Injury in Graft Cases: The Renales and Roque Acquittal

The Supreme Court acquitted two Navy officers of graft, clarifying what prosecutors must prove beyond reasonable doubt under Section 3(e) of R.A. 3019.

Plea Bargaining in Drug Cases: Why Prosecutors' Consent Matters Under Rule 116

The Supreme Court voids a drug conviction where the trial court approved a plea bargain over the prosecution's objection, reaffirming Rule 116.

Plea Bargaining in Drug Cases: Why Prosecutorial Consent Matters

The Supreme Court clarifies that plea bargaining in drug cases requires prosecutorial consent; courts cannot force a plea agreement over the prosecution's objection.

The Prosecutor's Consent in Plea Bargaining: Insights from a Philippine Supreme Court Ruling

Philippine Supreme Court clarifies that a prosecutor's consent is indispensable for a valid plea bargain in drugs cases.

Plea Bargaining in Drug Cases: What the Supreme Court's Majingcar Ruling Means

The Supreme Court clarifies when courts may allow plea bargaining in drug cases and the prosecutor's role in the process.

Plea Bargaining in Drug Cases: Why Prosecutorial Consent Matters

The Supreme Court clarifies that plea bargaining in drug cases requires the prosecutor's consent, and explains the limits of A.M. No. 18-03-16-SC.

Plea Bargaining in Drug Cases: Consent Rules, DOJ Circulars, and What the High Court Settled

The Supreme Court clarifies when prosecutors must consent to plea bargains in drug cases and why courts cannot strike down DOJ circulars on their own.

Plea Bargaining in Drug Cases: The Supreme Court’s Stand on Prosecution Consent

A guilty plea to a lesser drug offense needs the prosecutor’s consent. Learn the rules and what the Court said in People v. Reafor.

Prosecutorial Authority and Criminal Jurisdiction: The Villa Gomez Doctrine

The Supreme Court clarifies when a prosecutor's lack of authority to file an Information affects a trial court's jurisdiction over a criminal case.

Probable Cause and Estafa Elements: Lessons from a Dismissed Certiorari Petition

A look at when courts may overturn a prosecutor's probable cause finding, and why the elements of estafa must be clearly alleged.

Plea Bargaining in Philippine Drug Cases: What the Supreme Court's Sayre Ruling Means

The Supreme Court clarifies plea bargaining in drug cases: prosecutors' guidelines bind the prosecution, not the courts.

Untangling Defamation: Navigating Appeals and Evidence in Honor-Related Disputes

A Supreme Court ruling clarifies the proper appellate route for prosecutor resolutions and the evidence needed for oral defamation cases.

Navigating Probable Cause: The Ombudsman's Role in Philippine Criminal Prosecutions

This article explains the Ombudsman's power to determine probable cause in criminal cases, its limits, and the legal principles governing prosecutorial discretion in the Philippines.

Reasonable Doubt Prevails: Acquittal in Bribery Case Due to Inconsistent Testimony

Supreme Court acquits prosecutor of direct bribery, ruling that inconsistent prosecution testimony failed to prove the gift was given in consideration of official action.