Exhaustion of administrative remedies (1)
Thus, it was incumbent upon Nagel to prove that any of the acceptable exceptions to the doctrine of the exhaustion of administrative remedies are present
Eduardo Martinez · · 4 min read
Daily Tribune
Thus, it was incumbent upon Nagel to prove that any of the acceptable exceptions to the doctrine of the exhaustion of administrative remedies are present
Eduardo Martinez · · 4 min read
Undoubtedly, arbitration has become the go-to mode for resolving conflict nowadays. With court dockets clogged, arbitration has become the preferred…
Eduardo Martinez · · 4 min read
Otherwise, the private complainant must allege in the appeal or petition for certiorari the fact of the pendency of the request
Eduardo Martinez · · 2 min read
The private complainant must request the [provincial or city prosecutor’s] conformity within the reglementary period to appeal or file a petition for certiorari
Eduardo Martinez · · 2 min read
It is settled that an appeal would be the proper remedy against an error of law or fact, or simply, a mistake of judgment, while certiorari is designed to…
Eduardo Martinez · · 3 min read
In the same case of Theresa Avelau Itsuris-Rebuelta v. Peter Rebuelta (G.R. 222105, 13 December 2023), which I wrote about these prior weeks, petitioners…
Eduardo Martinez · · 3 min read
To reiterate, probable cause only demands reasonable belief or probability that a crime has been committed
Eduardo Martinez · · 2 min read
Courts are not allowed to interfere with public prosecutors’ finding of probable cause unless the latter’s determination was capricious and whimsical,…
Eduardo Martinez · · 2 min read
The determination by the public prosecutor is executive, the purpose of which is for filing a criminal information in court and determining if there is enough…
Eduardo Martinez · · 3 min read
The trial courts should bear in mind that an incomplete decision, although having attained finality, is inoperative, ineffectual, and cannot be the subject of…
Eduardo Martinez · · 3 min read