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Showing 1–10 of 10 articles for “secretary of justice”

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Mar 5, 2017 trademark infringement intellectual property probable cause grave abuse of discretion false designation of origin criminal law

Trademark Infringement and Probable Cause: When the Secretary of Justice Abuses Discretion

The Supreme Court clarifies when courts may override the Secretary of Justice's dismissal of trademark infringement complaints for grave abuse of discretion.

Jan 15, 2010 criminal procedure probable cause withdrawal of information due process grave abuse of discretion rules of court

When Courts Must Decide Independently: Withdrawal of Criminal Informations in the Philippines

Philippine courts must independently assess prosecutors' motions to withdraw criminal informations, not merely adopt the Secretary of Justice's recommendation.

Apr 7, 2009 criminal law probable cause trust receipts estafa prosecutorial discretion preliminary investigation

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.

Feb 19, 2007 criminal procedure arraignment department of justice probable cause preliminary investigation estafa

When an Accused Is Arraigned: DOJ Review of Prosecutor’s Ruling Barred

Philippine Supreme Court rules on DOJ Circular No. 70: arraignment bars the Secretary of Justice from reviewing a prosecutor’s resolution.

Jul 14, 2006 civil procedure rule 43 court of appeals exhaustion of administrative remedies preliminary investigation supreme court

Dismissal of Appeals: Why Following Court Rules Matters

Learn why the Supreme Court dismissed a petition for review from the Secretary of Justice's resolution, and the importance of following proper court procedures.

Feb 26, 2003 local taxation section 187 lgc tax ordinance secretary of justice supreme court

Challenging Local Tax Ordinances: The 30-Day Appeal Rule Under Section 187

Taxpayers must appeal to the Secretary of Justice within 30 days of a local tax ordinance's effectivity or lose the right to challenge it in court.

Sep 20, 2001 criminal-law ombudsman prosecution discretion due-process anti-graft

Discretion and Due Process: The Secretary of Justice’s Power to Review Prosecution Decisions

Explaining Garcia-Rueda v. Amor: why the Ombudsman cannot second-guess prosecutors' findings, and where the Secretary of Justice's review power lies.

Oct 12, 1998 criminal-law death penalty lethal injection constitutional law ra 8177 supreme court

Lethal Injection in the Philippines: Balancing Constitutionality and Humane Execution

A look at Echegaray v. Secretary of Justice, where the Supreme Court upheld lethal injection as a constitutional method of execution.

Oct 12, 1998 death penalty lethal injection administrative law constitutional law implementing rules revised penal code

Echegaray v. Secretary of Justice: Lethal Injection and the Limits of Administrative Rule-Making

The Supreme Court upheld lethal injection as a constitutional mode of execution but struck down implementing rules that overstepped the law.

Sep 5, 1997 criminal procedure probable cause withdrawal of information secretary of justice crespo vs mogul judicial discretion

The Perils of Sin Perjuicio Judgments: Ensuring Timely and Complete Justice in the Philippines

Philippine courts must independently assess prosecutorial motions to withdraw information, balancing judicial discretion with the Secretary of Justice's review powers.