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.

Showing 114 of 14 articles for special prosecutor

Tax Amnesty Scope: When Revenue Regulations Exceed Statutory Authority

Supreme Court ruling on tax amnesty, pending cases, and limits of implementing rules under RA 9480.

Plea Bargaining and Government Representation: Lessons from the Garcia Case

The Supreme Court clarifies the OSG's limits in plea bargaining cases and the Ombudsman's authority over Sandiganbayan prosecutions.

Ombudsman's Power to Reopen Cases and Due Process in Preliminary Investigations

Explaining the Supreme Court's ruling on the Ombudsman's authority to reverse a predecessor's findings and due process limits in preliminary investigations.

Safeguarding Independence: Presidential Disciplinary Power Over Deputy Ombudsman Declared Unconstitutional

The Supreme Court strikes down Section 8(2) of RA 6770, affirming the Ombudsman's constitutionally guaranteed independence from presidential disciplinary control.

Falsification of Public Documents and Suspension Pendente Lite Under Anti-Graft Law

Explains when public officers may be suspended pendente lite for falsification of public documents involving fraud upon government funds.

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.

Mandatory Suspension of Public Officials: Falsification of Documents as Fraud Against Government Funds

Explaining Bustillo v. Sandiganbayan: when falsification of official documents triggers mandatory preventive suspension under RA 3019.

Motion for Reconsideration Before Sandiganbayan: No Hearing Required for Finality

A Sandiganbayan decision is not final until it properly resolves a motion for reconsideration—even if the motion was not set for hearing.

Expanding Sandiganbayan's Reach: Jurisdiction Over Graft Cases in Government-Owned Corporations

The Supreme Court clarifies that the Sandiganbayan has jurisdiction over officers of government-owned corporations, regardless of how they were created.

Ombudsman's Power to Prosecute Public Officials in All Courts Explained

The Supreme Court clarifies that the Ombudsman can investigate and prosecute public officials in both the Sandiganbayan and regular courts.

Prescription and Quashal in Anti-Graft Cases: Domingo v. Sandiganbayan

The Supreme Court clarifies prescription periods, motion to quash standards, and speedy trial rights in Anti-Graft cases under RA 3019.

Sandiganbayan Jurisdiction Over Graft Cases: Municipal Mayors and Salary Grade 27

The Supreme Court clarifies when the Sandiganbayan, not trial courts, hears graft cases against municipal mayors based on salary grade.

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.

Ombudsman's Power to Prosecute: Understanding Its Limits and Scope in the Philippines

The Supreme Court upholds the Ombudsman's power to investigate and prosecute public officials under R.A. 6770, clarifying constitutional limits.