G.R. No. L-45081 – 63 Phil. 139 – Political Law – Judicial Review – Electoral Commission In the national elections of September 1935, Jose Angara won over Pedro Ynsua for the position of member of the National Assembly for the first district of the Province of Tayabas. In November 1935, […]
Howard
1748 posts
G.R. No. 101538 – 210 SCRA 256 – Political Law – Constitutional Law – The Judicial Department – Judicial Review – Constitutionality of a Treaty – Warsaw Convention Augusto Benedicto Santos III is a minor represented by his dad. In October 1986, he bought a round trip ticket from Northwest […]
G.R. No. L-24490 – 23 SCRA 928 – Civil Law – Law on Property – Seizure and Auction of Property – Proof of Ownership In 1962, peace officers Pecate and Alfaro of Cabatuan, Iloilo seized the carabao of Ciriaco Landa for the reason that Landa showed a tampered certificate of ownership […]
As a general rule, a complaint or information must charge only one offense, except when the law provides only one punishment for various offenses (compound and complex crimes under Art. 48 of the RPC and special complex crimes). A complaint or information that charges more than one offense is considered […]
G.R. No. 180643 – 572 Phil. 554; 586 Phil. 135 – 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 […]
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 of […]
G.R. No. 121962 – 366 Phil. 166; 96 OG No. 42 – 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 certiorariEsperanza Escorpizo was a high […]
G.R. No. 121962 – 366 Phil. 166; 96 OG No. 42 – 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 […]
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 effected […]
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 possess […]
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.