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Showing 25–48 of 77 articles for “prosecutors”

Probable Cause and Estafa: When Failed Corporate Investments Stay Civil, Not Criminal

Supreme Court ruling on when failed corporate investments amount to estafa, and why probable cause findings by prosecutors are rarely disturbed.

When Prescription Stops: Filing Complaints with Prosecutors Under Special Laws

The Supreme Court clarifies that filing a complaint with the prosecutor's office interrupts prescription for special laws like BP 22.

Upholding Judicial Integrity When Court Employees Abuse Authority

When trial courts blindly follow prosecutors, they abdicate judicial duty. The Supreme Court explains why double jeopardy did not attach.

Prosecutors Discretion Prevails Understanding The Limits OF Bureau OF Customs Authority IN Smuggling Cases

The Supreme Court clarifies that the Bureau of Customs cannot control criminal prosecutions—that power belongs to public prosecutors.

When Archiving Criminal Cases Becomes Gross Ignorance of the Law: Ricablanca v. Barillo

A judge's duty to transmit preliminary investigation records to prosecutors, explained through the Supreme Court's ruling in Ricablanca v. Barillo.

Judicial Ethics: Why Judges Must Avoid Even the Appearance of Impropriety

A Supreme Court ruling on a judge soliciting donations from lawyers and prosecutors, and the duty to avoid impropriety.

Chain of Custody and Drug Cases: Ensuring Integrity of Evidence in Philippine Law

Philippine Supreme Court ruling on why the chain of custody rule is essential in drug cases, and what prosecutors and police must prove.

Perjury Complaints and the DOJ Secretary's Discretion in Preliminary Investigations

Explains when the DOJ may dismiss a perjury complaint appeal and why constitutional due process rules for courts do not bind prosecutors.

THE Prosecutors Discretion Evaluating Probable Cause AND THE Right TO A Fair Hearing

Probable Cause vs Equipoise Rule: Safeguarding Against Unjust Arrest in Arson Cases

When prosecutors flip-flop on probable cause, courts hold the line. Flores v. Gonzalez clarifies the equipoise rule and judicial independence.

Chain of Custody in Drug Cases: Why Evidence Integrity Matters

The Supreme Court explains what prosecutors must prove to establish an unbroken chain of custody in drug cases under RA 9165.

Double Jeopardy and Demurrer to Evidence: Protecting the Accused in Philippine Criminal Cases

Learn how the double jeopardy rule protects accused persons when courts grant demurrers to evidence, and why prosecutors cannot simply appeal acquittals.

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.

Probable Cause and Witness Credibility in Preliminary Investigations for Murder

Supreme Court clarifies how prosecutors should weigh witness credibility and probable cause in murder preliminary investigations.

Prosecutors Discretion in the Philippines: When Courts Can Intervene

When can courts review a prosecutor's or the Ombudsman's decision? The Supreme Court explains the limits of judicial intervention.

Revocation of Authority and Amendment of Information in Election Cases

Supreme Court clarifies when prosecutors may amend informations and when arraignment may be suspended pending COMELEC appeal.

City Prosecutors Must Represent Local Governments: Urdaneta City Case on Private Counsel Ban

Supreme Court rules city prosecutors must represent local governments in civil cases, barring private counsel in Urdaneta dispute.

Amending an Information Before Plea: What Fronda-Baggao v. People Teaches Us

The Supreme Court clarifies when prosecutors may amend or consolidate criminal charges before arraignment, and how this affects an accused's rights.

Proving Illegal Sale of Shabu: The Role of Informants and Buy-Bust Operations

A Supreme Court ruling explains what prosecutors must prove in illegal drug sales cases and when an informant's testimony is dispensable.

Probable Cause VS Grave Abuse OF Discretion Navigating THE Prosecutors Role IN Criminal Cases

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 a Prosecutor Dismiss Cases Without Ombudsman Approval? Soriano v. Marcelo

The Supreme Court clarifies when city prosecutors may dismiss cases against public officers without Ombudsman approval, and what constitutes grave abuse of discretion.

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.

When Courts Won't Overrule Prosecutors on Probable Cause: GlaxoSmithKline v. Malik

Philippine Supreme Court explains why courts defer to prosecutors on probable cause, using a dismissed drug case as an example.