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Showing 1–24 of 77 articles for “prosecutors”

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.

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: 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 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.

Jurisdiction Over Public Prosecutors: When the Supreme Court Defers to the Ombudsman

The Supreme Court clarifies that administrative complaints against public prosecutors for official acts fall under the Ombudsman's jurisdiction, not the IBP.

Disbarment Case: Reprimand for Lawyer's False Statements and Court Disrespect

Supreme Court reprimands lawyer for discourteous language and unfounded accusations against judges and prosecutors in administrative case.

Chain of Custody Gaps Lead to Acquittal in Drug Case: Lessons for Prosecutors

The Supreme Court acquits a drug accused due to broken chain of custody, clarifying the strict rules under RA 9165.

Statutory Rape: Why Prosecutors Must Investigate All Alleged Incidents

The Supreme Court reminds prosecutors to investigate every alleged incident of statutory rape, not just one count, in People v. Pagamucan.

Presumption of Regularity Shields Prosecutors From Baseless Bias Claims

Supreme Court clarifies that prosecutors enjoy presumption of regularity in performing duties, dismissing baseless administrative bias complaint.

SEC v. Price Richardson: Probable Cause in Securities Fraud Cases

Supreme Court clarifies when courts may review prosecutors' probable cause findings in securities regulation violations.

Speedy Disposition of Cases: Balancing Delay and Due Process in Philippine Law

The Supreme Court clarifies the balancing test for inordinate delay in preliminary investigations, affirming that prosecutors must justify delays.

Standing to Sue: The Solicitor General's Exclusive Authority in Criminal Appeals

Who may appeal a dismissed criminal case? The Supreme Court clarifies the Solicitor General's exclusive authority and the limits on private prosecutors.

BP 22 Acquittal: Why Actual Receipt of Notice of Dishonor Is Critical

In Robert Chua v. People, the Supreme Court acquitted a BP 22 accused because prosecutors failed to prove actual receipt of the notice of dishonor.

Presumption of Regularity in Disbarment Cases Against Public Prosecutors

Supreme Court clarifies that lawyers face disbarment only on clear evidence, not mere allegations of misconduct.

Self-Defense vs. Extralegal Killing: Probable Cause in Murder Cases

When police claim self-defense after a killing, what must prosecutors weigh? The Supreme Court clarifies probable cause in Aguilar v. DOJ.

Probable Cause in Kidnapping Cases: When Prosecutors Overstep Their Role

The Supreme Court clarifies the standard for probable cause in preliminary investigations and when a prosecutor's dismissal amounts to grave abuse of discretion.

Private Prosecutors in Perjury Cases: Upholding the Offended Party's Rights

Explaining when a private prosecutor may intervene in perjury cases, citing the Supreme Court's ruling in Lee Pue Liong v. Chua Pue Chin Lee.

The Court's Duty of Independent Assessment in Dismissing Criminal Cases

When prosecutors move to withdraw an Information, trial courts must independently assess the merits—not just perfunctorily deny the motion.

Probable Cause and Conflicting Testimonies in Rape and Illegal Detention Cases

When may courts override prosecutors on probable cause? The Supreme Court clarifies in a case of rape, illegal detention, and conflicting testimonies.

Falsification and Probable Cause: Protecting Individuals From Baseless Criminal Charges

The Supreme Court clarifies when courts may review prosecutors' findings and what probable cause requires in falsification cases.

Checks and Balances Upholding Presidential Authority to Remove Deputies Despite Ombudsman Independence

The Supreme Court upholds the President's power to discipline Deputy Ombudsmen and Special Prosecutors, balancing independence with accountability.