XX. Due Process in Criminal Proceedings, Article III, Section 14

A. Right to presumption of innocence Cases: – Coronel v People, GR 214536, 13 Mar 2017 – People v Macapundag, GR 225965, 13 Mar 2017 – People v Amarela, GR 225642-43, 17 Jan 2018 – Corpuz v People, GR 74259, 14 Feb 2019 (Equipoise Rule) B. Right to be heard by himself and counsel Case:Continue reading “XX. Due Process in Criminal Proceedings, Article III, Section 14”

Rules of Court RULE 57 Preliminary Attachment

RULE 57 Preliminary Attachment Section 1. Grounds upon which attachment may issue. — At the commencement of the action or at any time before entry of judgment, a plaintiff or any proper party may have the property of the adverse party attached as security for the satisfaction of any judgment that may be recovered inContinue reading “Rules of Court RULE 57 Preliminary Attachment”

RULE 111 – Prosecution of Civil Action

RULE 111 – Prosecution of Civil Action Civil liability arising from the offense is deemed instituted (Sec. 1) Exception: Waiver, Reservation, Prior institution (WaRP) On filling fee: Counterclaim, cross-claim, 3rd Party Complaint Compare with Sec. 7, 8, 11 of Rule 6 Peculiar Nature of B.P. 22 Solidum vs People, 718 SCRA 263 (Full Text) TheContinue reading “RULE 111 – Prosecution of Civil Action”

Criminal Procedure: RULE 110 – Prosecution of Offenses

  RULE 110 – Prosecution of Offenses Institution of Criminal Actions (Sec. 1) How is criminal action instituted For offenses where the Preliminary Investigation is Required (sec 1, par 1) For Offenses where a preliminary investigation is required pursuant to Sec 1 of Rule 112, by filing the Complaint with the proper officer for theContinue reading “Criminal Procedure: RULE 110 – Prosecution of Offenses”

Criminal Procedure: Jurisdiction

JURISDICTION Supreme Court No Original Jurisdiction over Criminal cases. Appellate Jurisdiction by Petition for Review by Notice of Appeal Court of Appeals No Original Jurisdiction over Criminal cases. Appellate Jurisdiction by Petition for Review by Notice of Appeal Sandiganbayan Original and Exclusive jurisdiction under the following guidelines: What offense was committed R.A. 3019 – AntiContinue reading “Criminal Procedure: Jurisdiction”

HEIRS OF THE LATE NESTOR TRIA vs. ATTY. EPIFANIA OBIAS G.R. No. 175887, November 24, 2010

Fact: Petitioner filed a complaint against the respondent for conspiring in the killing of Nestor Tria. The prosecutor found probably cause in charging the said respondent. The case was subjected to the jurisdictiobn of the RTC. The respondent appealed to the DOJ which was denied. The Respondent appealed to the Office of the President whichContinue reading “HEIRS OF THE LATE NESTOR TRIA vs. ATTY. EPIFANIA OBIAS G.R. No. 175887, November 24, 2010”

Abanado vs Bayona A.M. No. MTJ-12-1804, July 30, 2012

Facts: Petitioner filed an information to the MTC and raffled to the respondent. Petitioner requested the court to issue a warrant of arrest to the accused in the said information. All documents was submitted the the petitioner except the denied resolution of the Investigating prosecutor. The Respondent ordered the petitioner to produced the said resolutionContinue reading “Abanado vs Bayona A.M. No. MTJ-12-1804, July 30, 2012”

BURGUNDY REALTY CORPORATION vs REYES G.R. No. 181021, December 10, 2012

Fact: Petitioner filed a criminal case of Estafa against the Respondent for misappropriating the funds given by the former to the latter to purchase parcels of land. The respondent admitted that she in fact received the said amount from the petitioner, but she gave the money to a certain Mateo Elejorde whom she filed aContinue reading “BURGUNDY REALTY CORPORATION vs REYES G.R. No. 181021, December 10, 2012”

FENEQUITO vs. VERGARA, JR., G.R. No. 172829, July 18, 2012

Fact: Respondent filed a case against the petitioner for falsification of public document, the City Prosecutor filed the information to the MeTC. The Petitioner filed a Motion to Dismiss the Case Based on Absence of Probable Cause. The MeTC dismissed the case on the ground of lack of probable cause. Respondent appealed to the RTC.Continue reading “FENEQUITO vs. VERGARA, JR., G.R. No. 172829, July 18, 2012”

JM DOMINGUEZ AGRONOMIC COMPANY, INC. vs. LICLICAN G.R. No. 208587, July 29, 2015

Facts: During the annual stockholders meeting of petitioners the election for its new set of directors was conducted. This event was presided by then company’s officers. Conflict ensued when petitioners were allegedly not allowed to vote on the ground that they are not registered stockholders of JMD. Petitioners walked out the meeting, while the electionContinue reading “JM DOMINGUEZ AGRONOMIC COMPANY, INC. vs. LICLICAN G.R. No. 208587, July 29, 2015”