It's all relative: A study towards redefining the standards of probable cause to limit the discretion of prosecutors and judges prior to trial
Date of Publication
5-2017
Document Type
Master's Thesis
Degree Name
Juris Doctor
Subject Categories
Legal Studies
College
College of Law
Department/Unit
Law
Thesis Adviser
Ramon S. Esguera
Defense Panel Chair
Vyva Victoria M. Aguirre
Defense Panel Member
Christopher John P. Lao
Esteban Molon, Jr.
Abstract/Summary
In the course of history, there have been a number of changes in the Rules of Court, and the Constitution of the Republic of the Philippines. Despite these numerous amendments and revisions, the progress of the law as regards the determination of probable cause in both the executive and the judicial levels has been fairly unsubstantial, as the country still adheres to anachronistic standards. To date, the theory recognized as controlling is that of the prudent man. With such a vague standard forming one of the bases in relation to the protection of the fundamental rights of the person, there is a need to reassess the same and develop a more exacting method where reliance on the sole discretion of prosecuting officers and judges may be minimized. The Constitution provides that every man shall be presumed innocent until the contrary is proven. It is also a fundamental rule that statutes, penal in nature, must be construed in favor of the accused. Respect must be given to these principles by applying a more rigid measure as to who may be held for trial and incarcerated, and who may not. The right to liberty is a basic human right, which must at all times be respected and protected. While it is true that no crime must go unpunished, the same cannot be implemented at the expense of an innocent man. Again, better standards must be applied.
Abstract Format
html
Language
English
Format
Electronic
Accession Number
CDTG006953; TG06953
Shelf Location
Archives, The Learning Common's, 12F Henry Sy Sr. Hall
Keywords
Privacy, Right of --Philippines; Prosecution—Decision making
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Recommended Citation
Guiao, D. C. (2017). It's all relative: A study towards redefining the standards of probable cause to limit the discretion of prosecutors and judges prior to trial. Retrieved from https://animorepository.dlsu.edu.ph/etd_masteral/7272
Embargo Period
11-7-2024
