No. Such failure to include the exact date of the commission of the crime does not render defective the information. It remains valid as long as it distinctly states the elements of the offense and the acts or omissions constitutive thereof. The exact date of the commission of a […]
Monthly Archives: September 2011
81 posts
The test is: if the language of the law defining the offense can be separated from the exception that the ingredients of the offense may be accurately and clearly defined without reference to the exception, the latter need not be incorporated in the information because the exception is a […]
As a general rule, negative allegations or excepting allegations need not be incorporated in the complaint or information as when they are matters of defense. They must be included only in the information when they form the essential ingredients of the offense charged.
A criminal action is deemed commenced when the appropriate complaint or information is actually filed in court. It is commenced in the name of the People of the Philippines against any person responsible for the commission of the offense (Sec 2, Rule 110).
Proximate cause is that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. And more comprehensively, the proximate legal cause is that acting first and producing the injury, either immediately or by setting […]
G.R. No. L-21486 – 17 SCRA 22 – Civil Law – Torts and Damages – Negligence; Tire blow out is not a fortuitous event In October 1959, Lolita de Jesus was riding a bus owned by La Mallorca and Pampanga Bus Company which had a head on collision against a […]
G.R. No. L-7760 – 28 Phil. 122 – Civil Law – Torts and Damages – Drunkenness is not Negligence per se In August 1909, E.M. Wright was driving his calesa going home. He had drunk more wine than he customarily does. Before he could be home, he would have to […]
G.R. No. L-68159 – 135 SCRA 431 – Political Law – The Legislative Department – Separation of Powers – Singularity of Office/Position Homobono Adaza was elected governor of the province of Misamis Oriental in the January 30, 1980 elections. He took his oath of office and started discharging his […]
G.R. No. L-69576 – 140 SCRA 153 – Political Law – The Legislative Department – Separation of Powers – Singularity of Office/Position Cicero Punsalan and Estelito Mendoza were the vice governor and the governor of Pampanga, respectively. Both belong to KBL (Kilusang Bagong Lipunan). On 17 May 1984, Mendoza […]
G.R. No. L-20322 – 38 SCRA 899 – Civil Law – Torts and Damages – Liability of the State for acts of special agents In April 1960, a certain Ildefenso Ortiz sued the Irrigation Service Unit (ISU) which was under the Department of Public Works because ISU, without the consent […]
G.R. No. 146710-15 – 353 SCRA 452 – Political Law – Constitutional Law – The Executive Department – De Jure vs De Facto President – Arroyo a de jure president Joseph “Erap” Estrada alleges that he is the President on leave while Gloria Macapagal-Arroyo claims she is the President. […]
G.R. No. L-47033 – 72 Phil. 14 – Civil Law – Torts and Damages – Liability of proprietors Jose Dingcong was the owner of a hotel in Iloilo. In 1933, a certain Francisco Echevarria rented a room in the upper floor of the hotel. The room he rented was immediately […]
G.R. No. L-23052 – 22 SCRA 267 – Civil Law – Torts and Damages – Liability of municipal corporations in certain cases General Principles – General Law vs Special Law – A Special Law may contain General Laws and Vice Versa One day in January 1958, at about 8pm, Genaro […]
G.R. No. L-9010 – 27 Phil. 374 – Civil Law – Torts and Damages – Liability of owners of motor vehicles The facts of the case took place in the 1910’s. J.H. Chapman visited a friend in Santa Ana and while he was about to ride a vehicle to take […]
G.R. No. L-2075 – 85 Phil. 67 – Civil Law – Torts and Damages – Liability of possessors or users of animals – Assumption of Risk Loreto Afialda was a caretaker of the carabaos owned by Basilio Hisole. In March 1947, without any fault from Afialda or any force majeure, […]
G.R. No. L-11154 – 34 Phil. 311 – Civil Law – Torts and Damages – Liability of the State for acts of special agents Political Law – Non-Suability of the State – Waiver of Non-Suability is Not Admission of Liability The facts of the case took place in the […]