Since the January 17, 2023 Resolution in GR No. 254838 (1st Div) creating a WRIT OF INTERIM HABEAS CORPUS is not designated as one that applies pro hac vice (only in this instance), Leila De Lima should file a petition for HC tomorrow as a test. The 1st Div distinguished the privilege of the interim writ in this case from HC as post-conviction remedy because the applicant is still facing trial. The Guidelines set forth show that it is a new remedy similar to, but not exactly like, bail (no security required. here).

It's not a "surrender" when the driver surfaces to hold a press conference. No charges are pending in court and no warrant has been issued.The police lost their opportunity to arrest him immediately under the "hot pursuit" exception after he ran over the traffic enforcer.[1] Different from a perp walk, that press conference was a staged media availability. Note: no handcuffs, no orange/yellow shirt, seated not standing behind a row of cops. It could have been done in any other place, significant that it was done at PNPHQ.[2]

There are felonies that do not need a complainant, murder under Art. 348 in any stage (Art. 6) is one of them. The prosecutor can request an RTC to issue a PHDO ex parte—not same as arrest though. Could the driver have been arrested though even without a warrant? Yes, under the exception in R113,s5b if it was done immediately, or a reasonable time shortly, after the frustrated murder.

Two key personalities involved in persecution of @SenLeiladeLima have sworn that they were coerced to implicate her. Saying it again:the right and decent thing for the DOJ is to withdraw the charges against her and for the court to dismiss them now. #FreeLeilaDeLimaNow

https://twitter.com/SenLeiladeLima/status/1520893484390961153

Ragos implicates a former SOJ and a panel of prosecutors. This is a very serious charge which taints the entire process of probable cause determination and the basis for the charges against her. At worst, it’s basis for reasonable doubt.

The spin now is that the killer cop has mental health issues, obviously trying to set up an "insanity" defense. Here's the thing--"insanity" as an exempting circumstance under Art. 12 is not a medical term but a legal concept. "Insanity" does not equate to "crazy." [thread] Insanity as a defense must be proven by an accused in court. It means, though, that the accused must first be charged--it cannot be administratively determined, i.e., at the level of the DOJ or the PNP.

It is the weirdest time to be a teacher of criminal law because it is weird to teach about the things that the law prohibits and makes unlawful when there just are so many examples in real life about people getting away, literally, with murder. #LawNotes [thread] Questions that ran through my mind about the murderer cop: (a) is there recidivism or habituality? (b) what about habitual delinquency? Since there were multiple acts, is it right to say "double murder" or should it be two counts of murder? #LawNotes