Ordinarily, the proceedings had thereon without the participation of the government prosecutor may be considered a nullity. However, a private prosecutor may be allowed to prosecute the case under the authority, supervision and control of the government prosecutor. And provided all actions, pleadings or motions filed by the private prosecutor […]
Howard
1627 posts
The decision of the prosecutor may be modified by the Secretary of Justice or in special cases by the President of the Philippines. However, pursuant to DOJ Circular No. 70-A, series of 2000, petitions for review in cases cognizable by the MTC, MTCC, MCTC, and MeTC (except in NCR) shall […]
In general the courts cannot interfere with the prosecutor’s discretion and control of the criminal prosecution. It is not prudent or even permissible for a court to compel the prosecutor to prosecute a proceeding originally initiated by him on the information, if he finds that the evidence relied upon by […]
It simply means that the institution of a criminal action depends upon the sound discretion of the prosecutor, he may or may not file the complaint or information, follow or not follow that presented by the offended party, according to whether the evidence, in his opinion is sufficient or not […]
The general rule is that all criminal actions commenced by the filing of a complaint or information shall be prosecuted under the direction and control of the prosecutor. However, in the Municipal Trial Courts and Municipal Circuit Trial Courts, if the prosecutor is not available, the offended party, any peace […]
The fulfillment of the suspensive condition, which is the full payment of the purchase price, will not automatically transfer ownership to the buyer although the property may have been previously delivered to him. The prospective vendor still has to convey title to the prospective buyer by entering into a contract […]
G.R. No. 142411 – 509 Phil. 628 – 473 SCRA 52 – Civil Law – Law on Sales – Contract to Sell vs Contract of Sale In January 1985, Winifreda Ursal and spouses Jesus and Cristita Moneset entered into a Contract to Sell Lot & House. The amount agreed upon […]
G.R. No. 156171 – 496 Phil. 456 – 456 SCRA 577 – Civil Law – Law on Sales – Contract to Sell vs Contract of Sale In 1968, spouses Ricardo and Ferma Portic acquired a parcel of land with a 3 door apartment from spouses Alcantara even though they’re aware […]
In a clash of views between the judge who did not investigate and the prosecutor who did, or between the prosecutor and the offended party or the defendant, those of the prosecutor’s should normally prevail.
No. A prosecutor is under no compulsion to file a particular criminal information where he is not convinced that he has evidence to support the allegations thereof. Neither an injunction, preliminary or final, nor a writ of prohibition may be issued by the courts to restrain a criminal prosecution except […]
G.R. No. 133638 – 496 Phil. 97 – 456 SCRA 193 – Civil Law – Law on Sales – Elements of a Contract of Sale – Consent Vitiated Cleopas Ape died in 1950 and left a parcel of land (Lot 2319) to his 11 children. The children never formally divided […]
G.R. No. L-7817 – 100 Phil 168 – Civil Law – Torts and Damages – Obligations arising from human relations Prior to 1948, Commercial Airlines (CALI) owed P170k (abt. $79k) to Shell Company. CALI offered its C-54 plane as payment to Shell Company (the plane was in California) but Shell at that […]
G.R. No. L-12219 – 37 Phil. 809 – Civil Law – Torts and Damages – Doctrine of Last Clear Chance In December 1912, Amado Picart was riding his horse and while they were on a 75 meter long bridge, he saw Frank Smith Jr.’s car approaching. Smith blew his horn thrice […]
G.R. No. L-12986 – 123 Phil. 272 – 16 SCRA 448 – Civil Law – Torts and Damages – Res Ipsa Loquitur In March 1948, in Rizal Avenue, Manila, a tank truck was hosing gasoline into the underground storage of Caltex. Apparently, a fire broke out from the gasoline station […]
G.R. No. 169777; G.R. No. 169659; G.R. No. 169660; G.R. No. 169667; G.R. No. 169834; G.R. No. 171246 – 522 Phil. 1 – 495 SCRA 170 – Political Law – Constitutional Law – Legislative Branch – Question Hour – Constitutionality of E.O. 464 In 2005, scandals involving anomalous transactions about […]
The information should state not only the designation of the offense by statute but must also specify its qualifying and aggravating circumstances attendant to the commission of the offense. So that in the crime of murder, the qualifying circumstances must be stated specifically as the circumstances attending the commission thereof. […]