Atty. Ian Vincent C. Manticajon

Atty. Ian Vincent C. Manticajon Legal services, law office, litigation, lawyer, visa and immigration, legal advice, in Cebu, Philipp

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11/03/2026

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The (SC) ๐˜Œ๐˜ฏ ๐˜‰๐˜ข๐˜ฏ๐˜ค has upheld the validity of a Department of Justice (DOJ) circular that raised the standard of proof in preliminary investigations and inquest proceedings from probable cause to prima facie evidence with reasonable certainty of conviction.

In a Decision written by written by Associate Justice Japar B. Dimaampao, the SC ๐˜Œ๐˜ฏ ๐˜‰๐˜ข๐˜ฏ๐˜ค ruled that Department Circular No. 15, series of 2024 containing the 2024 ๐˜‹๐˜–๐˜‘-๐˜•๐˜ข๐˜ต๐˜ช๐˜ฐ๐˜ฏ๐˜ข๐˜ญ ๐˜—๐˜ณ๐˜ฐ๐˜ด๐˜ฆ๐˜ค๐˜ถ๐˜ต๐˜ช๐˜ฐ๐˜ฏ ๐˜š๐˜ฆ๐˜ณ๐˜ท๐˜ช๐˜ค๐˜ฆ ๐˜™๐˜ถ๐˜ญ๐˜ฆ๐˜ด ๐˜ฐ๐˜ฏ ๐˜—๐˜ณ๐˜ฆ๐˜ญ๐˜ช๐˜ฎ๐˜ช๐˜ฏ๐˜ข๐˜ณ๐˜บ ๐˜๐˜ฏ๐˜ท๐˜ฆ๐˜ด๐˜ต๐˜ช๐˜จ๐˜ข๐˜ต๐˜ช๐˜ฐ๐˜ฏ ๐˜ข๐˜ฏ๐˜ฅ ๐˜๐˜ฏ๐˜ฒ๐˜ถ๐˜ฆ๐˜ด๐˜ต ๐˜—๐˜ณ๐˜ฐ๐˜ค๐˜ฆ๐˜ฆ๐˜ฅ๐˜ช๐˜ฏ๐˜จ๐˜ด (๐˜‹๐˜–๐˜‘ ๐˜™๐˜ถ๐˜ญ๐˜ฆ๐˜ด), is a valid exercise of the DOJโ€™s authority over prosecutorial processes.

Under the DOJ Rulesโ€™ new standard of proof in preliminary investigations and inquest, prosecutors must ensure that the evidence to charge a person with a crime must sufficiently establish all the elements and consequently warrant a conviction.

Atty. Hazel L. Meking questioned the DOJ Rules before the SC, claiming that the DOJ encroached on the SCโ€™s constitutional authority to promulgate rules of pleading, practice, and procedure in all courts. She argued that the DOJ Rules effectively revised Rule 112, Section 3(a) of the ๐˜™๐˜ถ๐˜ญ๐˜ฆ๐˜ด ๐˜ฐ๐˜ง ๐˜Š๐˜ณ๐˜ช๐˜ฎ๐˜ช๐˜ฏ๐˜ข๐˜ญ ๐˜—๐˜ณ๐˜ฐ๐˜ค๐˜ฆ๐˜ฅ๐˜ถ๐˜ณ๐˜ฆ, which provides that the quantum of evidence in preliminary investigations is probable cause.

The SC dismissed her petition and reiterated its ruling in ๐˜ˆ.๐˜”. ๐˜•๐˜ฐ. 24-02-09-๐˜š๐˜Š, which recognized the DOJโ€™s authority to promulgate its own rules on preliminary investigations and inquest proceedings.

The SC held that the DOJ Rules govern only the conduct of preliminary investigations and inquests by prosecutors, which are executive functions. These Rules, however, do not extend to judicial proceedings as the power to promulgate rules of procedure over them remains under the authority of the Supreme Court.

The SC noted it had already recognized preliminary investigation as the exclusive domain of prosecutors when it revised the Rules of Criminal Procedure in 2005.

In 2024, through ๐˜ˆ.๐˜”. ๐˜•๐˜ฐ. 24-02-09-๐˜š๐˜Š, the SC also ordered the repeal of provisions in Rule 112 which are inconsistent with the DOJ Rules to harmonize them.

The SCโ€™s constitutional rule-making authority over judicial proceedings remains supreme, as well as its power to correct grave abuse of discretion in any prosecutorial rule or action that violates constitutional rights.

Read the full text of the press release at https://sc.judiciary.gov.ph/?p=161871

Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=161853

Read the Concurring Opinion of Senior Associate Justice Marvic M.V.F. Leonen at https://sc.judiciary.gov.ph/?p=161858

Copying of this content is subject to the SC PIOโ€™s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution

Freeman columnist, an ex-student journalist, sees โ€˜real riskโ€™ to a school accused of repressing campus publication"Foste...
24/10/2025

Freeman columnist, an ex-student journalist, sees โ€˜real riskโ€™ to a school accused of repressing campus publication

"Fostering critical discourse within a school often enhances its reputation as an institution that values intellectual rigor and accountability. People are more likely to respect and trust a school that encourages its community to engage with complex issues and challenge the status quo. If a school believes that student journalists are misguided or irresponsible, its greater responsibility is to engage with the students in nuanced dialogue, fostering principled divergence of views from the dynamics.

The real risk to a schoolโ€™s reputation and business viability comes not from criticism but from suppressing it, which creates an environment that stifles innovation."



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15/05/2023

[INTEREST CHECK: MCLE ON ARTIFICIAL INTELLIGENCE AND THE LAW + SOCIALS/NETWORKING]

Ever wondered how to use ChatGPT efficiently for legal writing? What are deepfakes and are they legal? How does artificial intelligence (AI) affect intellectual property, rules of procedure, and the future of dispute resolution? Have more questions on AI and the law?

This July, the Institute for the Administration of Justice brings you a unique, thematic 36-unit MCLE course on AI and the Law.

To be held on July 3, 17, 25, and 31, 2023 via Zoom, this MCLE program seeks to provide a glimpse of what AI is and how it affects the global and Philippine legal landscape.

If you're interested to attend, whether you're a new or seasoned lawyer or coming from another profession, please answer a quick sensing survey (not yet the registration form) to help us finalize logistical and pricing details. bit.ly/AIAndLawSensing (QR Code in the image.) We're also contemplating having socials, so your response would be very valuable here!

Thank you very much!

27/09/2022

JUST IN: Following the statements of ex-Palace official Lorraine Badoy vs Judge Marlo Magdoza-Malagar, the Supreme Court en banc on Tuesday issues a statement โ€œsternlyโ€ those who continue to incite violence which endangers the lives of judges and their families.

Supreme Court says such statements shall โ€œlikewise be considered a contemptโ€ of the tribunal and โ€œwill be dealt with accordingly.โ€

The SC Public Information Office says the court en banc tackled motu proprio or on its own โ€œpossible actionsโ€ regarding statements of Badoy containing threats against Judge Magdoza-Malagar. | via Kristine Patag

06/07/2022

TOTOO PO LAHAT NG FIGURES DITO. GANITO PO KAGANDANG FUTURE SA ECONOMY GAYA NOONG 2011-2016 ANG HANAPIN NATIN.

Pinakamatagal na panahon ng pinakamataas na pag-angat ng ekonomiya natin noong 2011-2016. Sinusukat ito sa average GDP growth rate. Yun din ang panahon ng pinakamababang pagtaas ng presyo ng bilihin. Sinusukat ito sa pamamagitan ng inflation rate. Time po ni PNoy iyan.

Ang highest ever recorded GDP growth on a quarterly basis o pag-angat ng ekonomiya in normal timesโ€”yung hindi tayo galing sa super na pagkalubog gaya ng pandemyaโ€”na na-record sa buong kasaysayan ng ating bansa ay nangyari noong first quarter ng 2013, time ni PNoy. TINGNAN NIYO PO ANG CHART SA POSTER at link sa baba. Galing po ito sa internationally recognized CIA Fact Book na published ng U.S. Government. Kahit puntahan niyo rin ang World Bank, iyan din ang data o facts na lalabas

Ngunit maaaring hindi naipaliwanag sa mga kababayan natin ang good news facts na ito noong panahon ni PNoy. Sa halip, binudol-budol sila ng mga fake news. Pagtiyagaan po nating ipaliwanag ang katotohanan sa ating mga kababayan.

----------------------
Business World | By Bienvenido-Oplas-Jr

The numbers in the table show the following:

1. GDP change. The PNoy administration with 6.2% GDP growth was the best performer of the seven administrations. Another remarkable fact is that while Indonesia, Vietnam, and Thailand showed a decline in average growth in the period 2011-2016 vs. 2005-2010, the Philippines under PNoy showed increase in growth over the same period. Fantastic performance.

2. Inflation rate. The PNoy administration with 2.7% again was the best performer in price stability among the seven administrations. Almost half compared with the previous period, 2005-2010, and similar to the performance of Thailand.

3. Government gross debt as percent of GDP. PNoyโ€™s was the second-best performer among the five administrations, next to Duterteโ€™s. But here is the catch: it was 47.6% in 2010 and significantly reduced to only 37.3% in 2016, a 10.3 percentage points reduction in just six years. When the Duterte government came in, it stopped the decline and went on high borrowings, the ratio was flat at 37% from 2017-2019, and back to 47% in 2020.

4. Power installed capacity. PNoy expanded it by 8.2 GW in just six years, the biggest rise compared with five previous administrations.

5. Actual power generation. PNoy expanded power generation by 30 TWH in just six years, the biggest increase compared with the previous five administrations. This further proves that energy is development, more electricity is more growth, more poverty reduction.

Notice though that while the Philippines expanded electricity generation by 30 TWH from 2013 to 2019, Vietnam expanded theirs by 103 TWH, and Indonesia expanded by 63 TWH.

https://www.bworldonline.com/the-economic-and-energy-legacy-of-pnoy-aquino/

โžก๏ธNote: May mali lang po dito sa article na hindi ko na isinama, iyung part na sinisisi niya si Cory tungkol sa BNPP. Baka po hindi alam ng author na may presidential decree si Marcos that contained the factual findings on the BNPP's unsafe design and construction. Baka gamitin itong page ko in a wrong way to say na pati ako naninisi kay Cory. As I had disclosed in previous posts, hindi po pwedeng sisihin si Cory sa power crisis. Marcos put a stop to BNPP's construction thru the Letter of Instruction 957 (signed on November 13, 1979) for safety reasons. He allowed it to resume construction later but it never got safety certifications for it to operate. When Cory took over, many experts and witnesses testified on its lack of safety. Also, the Chernobyl disaster happened in April 26, 1986, and the residents of Bataan protested, so the project could not be resumed. When Ramos took over in 1992, he had the BNPP reviewed, still no safety conclusion. The same safety obstacle loomed large in all succeeding presidencies, including Arroyo's and Duterte's.

Nandito po sa baba ang links tungkol sa BNPP:

๐Ÿ”KUNG SI MARCOS PO MISMO AY KINABAHAN SA BATAAN NUCLEAR POWER PLANT, NA IKINABAON NATIN SA UTANG FOR 31 YEARS, BAKIT PO IPINANGANGALANDAKAN NA PROUD ACCOMPLISHMENT NIYA ITO?
https://www.facebook.com/100057821720820/posts/315107953759926/

๐Ÿ”AYON SA DUTERTE GOVERNMENT, HINDI PA HANDA ANG PILIPINAS PARA BUKSAN ANG ISANG NUCLEAR POWER PLANT, MARAMI PANG KAILANGANG IPATUPAD SA CHECKLIST; SI MARCOS, HINDI SUMUNOD SA KINAKAILANGANG CHECKLIST BAGO PINATULOY ANG BATAAN NUCLEAR POWER PLANT
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๐Ÿ”Letter of Instruction No. 957 | Signed on November 13, 1979
https://www.officialgazette.gov.ph/1979/11/13/letter-of-instruction-no-957-s-1979/

The Philippines GDP accelerated to 7.8% during the first quarter of 2013 under PNoy administration:
https://www.officialgazette.gov.ph/aquino-administration/economic-development/

(From the Official Page of Chief Justice Sereno)

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