G.R. No. 180643 – 549 SCRA 77 – Political Law – Constitutional Law – The Legislative Department – Inquiry in aid of legislation – Executive Privilege Legislative (Sec 21) & Oversight (Sec 22) Powers In April 2007, DOTC entered into a contract with Zhong Xing Telecommunications Equipment (ZTE) for the […]
Monthly Archives: September 2011
81 posts
G.R. No. 89914 – 203 SCRA 767 – Political Law – Constitutional Law – The Legislative Department – Inquiry in Aid of Legislation – When not Allowed It was alleged that Benjamin “Kokoy” Romualdez and his wife together with the Marcoses unlawfully and unjustly enriched themselves at the expense […]
G.R. No. 121962 – 306 SCRA 497 – Remedial Law – Civil procedure – Petition for Certiorari – Rule 65 Labor Law – Jurisdiction and Reliefs – NLRC Rules – Decisions of the NLRC; when subject to certiorari Esperanza Escorpizo was a high school teacher in UB contracted to […]
G.R. No. 121962 – 306 SCRA 497 – Labor Law – Labor Relations – Illegal Dismissal – Collective Bargaining Agreement Esperanza Escorpizo was a high school teacher in the University of Baguio contracted to be a probationary teacher from 1989-1991. The terms of her employment stipulate that in order […]
The pardon by the offended party will not have any effect on the prosecution of the offense. Once a complaint has been filed in court, jurisdiction over the offense will be acquired and will continue to be exercised by the court until termination of the case. Pardon must be […]
They are: Violation of domicile Penalty on the keeper, watchman, visitor of opium den Trespass to dwelling Violation of election law (prohibiting the carrying of a deadly weapon within a 30-meter radius of polling places)
If it involves: a change of the theory of the trial requires of the defendant a different defense surprises the accused in any way Some situational examples: X was accused of illegal possession of firearms, but the information did not allege that X did not have any license to […]
Error in the name of the accused will not nullify the information if it contains sufficient description of the person of the accused.
In offenses against property, the name of the offended party may be dispensed with as long as the object taken or destroyed is particularly described to properly identify the offense.
G.R. No. L-38308 – 133 SCRA 616 – Remedial Law – Criminal Procedure – De Oficio Prosecution – “Private Crimes” In July 1972, Julian Teves submitted a thumbmarked letter-complaint to Pablo Cabahug, the City Fiscal of Dumaguete. The letter-complaint alleges that he is charging criminally his wife, Milagros Donio-Teves, […]
The following are crimes that cannot be prosecuted de oficio: 1. Adultery and concubinage 2. Seduction, abduction, acts of lasciviousness 3. Defamation which consists in the imputation of an offense mentioned above The above offenses fall under the category of “private crimes”. They can only be prosecuted at the […]
The limitations are: Prosecution is entitled to Notice of hearing The Court must Await the result of a petition for review The prosecution’s stand to maintain prosecution should be Respected by the court The ultimate Test of the court’s independence is where the prosecutor files a motion to dismiss […]
Before a case is filed in court, the prosecution has control over the following: What case to file Whom to prosecute The manner of prosecution The right to withdraw the case before arraignment even without notice and hearing. After a case is filed in court, the court has control […]