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Recent Posts
- Family Code provisions on substitute parental authority of grandparents
- Family Code provisions on parental authority
- What is a travel clearance for minors?
- What is the reason behind the visitorial right of an illegitimate father over his children?
- Can Father of Illegitimate Child Obtain Custody when Mother is Abroad?
- Can the Father Compel An Illegitimate Child To Use His Surname?
- What are the grounds for petition for guardianship?
- When can an illegitimate child use the surname of his father?
- Does the Use of father’s surname grant legitimacy to child?
- Travel Clearance Required for Travel of Minors Abroad
- The rule is that children older than 7 years old are allowed to state his preference. Is the court bound by such preference?
- Does the law allow a waiver of parental authority?
- In the case a child is taken away without the consent of the single mother, what legal actions can a single mother take?
- What can single mothers do to demand child support from the father?
- What are the specific laws that pertain to child support, especially for single mothers?
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- if there is already a writ of execution, there must still be a need for a special order for the purpose of demolition issued by the court before the officer in charge can destroy, demolish or remove improvements over the contested property
- What instances when a warrantless search is valid?
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Category Archives: Probable Cause
The glaring absence of maliciousness in the assailed portion of the news article subject of this case negates the existence of probable cause that libel has been committed by the accused
Libel is defined as a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to discredit or cause the dishonor or contempt of a … Continue reading
The acts of a quasi-judicial officer like DOJ Secretary may be assailed by the aggrieved party via a petition for certiorari and enjoined
On March 3, 2000, then Secretary of Justice Artemio Tuquero (Secretary Tuquero) dismissed the PDI Staff’s Petition for Review of the Resolution of the City Prosecutor.[11] Secretary Tuquero rejected the argument of therein petitioners that the complaint should be dismissed … Continue reading
May a judge issue a warrant of arrest solely on the basis of the report and recommendation of the investigating prosecutor, without personally determining probable cause by independently examining sufficient evidence submitted by the parties during the preliminary investigation?
The pertinent provision of the Constitution reads: Sec. 2 [Article III]. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be … Continue reading
In the determination of probable cause, the Ombudsman’s discretion prevails over judicial discretion
In our criminal justice system, the public prosecutor exercises wide latitude of discretion in determining whether a criminal case should be filed in court. Courts must respect the exercise of such discretion when the information filed against the person charged … Continue reading
While prosecutors are given sufficient latitude of discretion in the determination of probable cause, their findings are subject to review by the Secretary of Justice
The Court held in First Women’s Credit Corporation v. Perez that:[13] It is settled that the determination of whether probable cause exists to warrant the prosecution in court of an accused should be consigned and entrusted to the Department of … Continue reading
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