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.
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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.
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.
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.
Ombudsman's Discretion Upheld in Probable Cause Determinations for Anti-Graft Cases
Supreme Court affirms Ombudsman's dismissal of behest loan complaint, respecting prosecutorial discretion absent grave abuse.
Probable Cause and the Ombudsman's Discretion: Limits of Judicial Review
The Supreme Court affirms the Ombudsman's dismissal of criminal charges for lack of probable cause, underscoring the limits of judicial review over prosecutorial discretion.
Ombudsman's Immunity Power Prevails in Protecting the State's Interest in Prosecuting Corruption
Supreme Court rules courts should defer to Ombudsman's grant of immunity to state witnesses in corruption cases, protecting prosecutorial discretion.
Probable Cause vs Prosecutorial Discretion: The Perjury Case of Verzano v. Paro
A prosecutor cannot presume probable cause simply because a respondent fails to file a counter-affidavit. The Supreme Court explains why.
Probable Cause vs Prosecutorial Discretion: The Metrobank v. Gonzales Ruling on Trust Receipt Estafa
The Supreme Court clarifies the limits of the Secretary of Justice's power to reverse probable cause findings in trust receipt estafa cases.
Behest Loans and the Ombudsman’s Discretion: Balancing Justice and Due Process in Government Transactions
The Supreme Court upholds the Ombudsman’s dismissal of behest loan charges, reinforcing the principle of non-interference in prosecutorial discretion.
Ombudsman's Discretion: When Courts Can Compel Criminal Charges for Graft
The Supreme Court clarifies when courts may compel the Ombudsman to file criminal charges, balancing prosecutorial discretion with judicial oversight.
Probable Cause in Estafa Through Falsification: DOJ Discretion Upheld in Go v. Court of Appeals
Supreme Court affirms DOJ's withdrawal of estafa charges, upholding prosecutorial discretion absent grave abuse and technical rules on appeals.
Prosecutorial Discretion and Grave Abuse: When Courts Can Compel Criminal Prosecution
The Supreme Court clarifies when courts may override a prosecutor's dismissal of charges and compel the inclusion of accused persons in an Information.
When Prosecutors Must Be Compelled: Grave Abuse of Discretion in Criminal Cases
The Supreme Court clarifies when courts may compel prosecutors to include accused persons in an Information, explaining the limits of prosecutorial discretion.
When Can Courts Compel the Ombudsman to Prosecute? Mandamus Limits Explained
The Supreme Court clarifies that mandamus cannot compel the Ombudsman to file criminal charges, as prosecutorial discretion remains with that office.
The Ombudsman's Control Over Special Prosecutors: Limits on Prosecutorial Authority
Philippine Supreme Court ruling on the Ombudsman's authority over special prosecutors and the limits of prosecutorial discretion in criminal cases.
Probable Cause VS Parallel Importation Navigating Prosecutorial Discretion IN Pharmaceutical Cases
Prosecutorial Discretion vs Judicial Review: Navigating Anti-Graft Cases in the Philippines
The Supreme Court clarifies when courts may interfere with the Ombudsman's power to investigate and prosecute anti-graft cases.
State Witness Exclusion: Balancing Prosecutorial Discretion and Court Oversight
The Supreme Court clarifies when prosecutors may exclude accused persons from an information to make them state witnesses, and the limits of judicial discretion.
Judicial Overreach Reining IN Interference With Prosecutorial Discretion
Supreme Court clarifies limits on judicial interference with prosecutorial discretion in dismissing a petition challenging the validity of a municipal creation.
Prosecutorial Discretion Defining THE Limits OF Judicial Review IN Estafa Cases
Judicial Overreach and the Boundaries of Preliminary Investigations in the Philippines
Sales v. Sandiganbayan clarifies that preliminary investigations are substantive rights, not mere formalities, and sets limits on prosecutorial discretion.
Judicial Overreach Reassessing Ombudsmans Discretion In Anti Graft Prosecutions
When can courts overturn an Ombudsman's finding of probable cause? The Supreme Court clarifies the limits of prosecutorial discretion.
Prosecutorial Discretion vs Anti-Graft: Defining Undue Injury in Public Office
The Supreme Court clarifies when a prosecutor's error becomes a crime under the Anti-Graft Law, explaining the element of undue injury.
Prosecutorial Discretion vs Malicious Prosecution: Balancing Public Duty and Individual Rights
The Supreme Court clarifies when prosecutors may be sued for damages, balancing prosecutorial discretion against protection from malicious prosecution claims.