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 […]
Howard
1748 posts
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. […]
This is needed in order to enable a person of common understanding to know what offense is being charged and the degree of such commission. More, in order to enable the court to properly pronounce judgment (Sec 9, Rule 110) In the case of People vs Espejon (February 20, 2002), […]
This refers to the cause of accusation. Every person accused of an offense is entitled to be duly informed of the nature and the cause for which he is charged. The actual recital of the facts as alleged in the body of the information constituting the gravamen of the offense […]
There is a presumption that the accused has no independent knowledge of the facts that constitute the offense. It is needed to reasonably indicate the exact offense which the accused is alleged to have committed to enable him to intelligently prepare for his defense; and in case of conviction or […]
It is not the designation of the offense in the information that is controlling but the allegations therein which directly apprise the accused of the nature and cause of accusation against him. In the interpretation of an information, what controls is the description of the offense charged and not merely […]
It includes all the essential elements composing the offense committed together with the qualifying and aggravating circumstances that attended the commission of the offense. Matters of evidence need not be alleged in the complaint or information.
A complaint or information is sufficient to indict a person of an offense when the following are present: The name of the accused; The designation of the offense by the statute; The acts or omissions complained of constituting the offense; The name of the offended party or against whose property […]