Criminal procedure is concerned with the procedural steps through which the criminal case passes, commencing with the initial investigation of a crime and concluding with the unconditional release of the offender. It is a generic term used to describe the network of laws and rules which govern the procedural administration […]
Howard
Criminal procedure is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense and for their punishment, in case of conviction. NOTE: This definition outlines how the Rules on Criminal Procedure is arranged i.e. apprehension (arrest) to prosecution (trial) and punishment in case […]
G.R. No. 78763 – 256 Phil. 735 – 175 SCRA 277 – Political Law – Constitutional Law – Due Process; Administrative BodiesLabor Law – Labor Relations – Termination of Employment – Grounds of Termination; when offset Apolinario Signo was employed by the Manila Electric Company (Meralco) as supervisor-leadman since 1963. […]
G.R. No. L-26803 – 160-A Phil. 439 – 67 SCRA 287 – Political Law – Constitutional Law – Due Process; Administrative Bodies The American Tobacco Company (ACT) was a party to a trademark case pending before the Philippine Patent Office. ATC challenged the validity of Rule 168 of the “Revised Rules of Practice […]
G.R. No. L-55960 – 249 Phil. 681 – 167 SCRA 737 – Civil Law – Preliminary Title – Conflict of Laws – Foreign Laws – Applicability of Foreign Marriage Laws Sy Kiat, a Chinese national, died on January 17, 1977 leaving behind properties here in the Philippines. Thereafter, Aida […]
G.R. No. L-63915 – 230 Phil. 528 – 146 SCRA 446 – Civil Law – Preliminary Title – Publication – Presidential Proclamations etc – What “unless otherwise provided” means in Article 2 of the Civil Code With the Supreme Court’s decision that ordered Tuvera et al to publish in the […]
G.R. No. 112193 – 325 Phil. 191 – 254 SCRA 711 – Civil Law – Persons and Family Relations – Preliminary Title – Application of Laws – No retroactive effect if vested rights are impaired During his lifetime, Jose Aruego, Sr. had an illicit relationship with Luz Fabian. They had […]
G.R. Nos. 95122-23 – 274 Phil. 1156 – 197 SCRA 863 – Civil Law – Preliminary Title – Conflict of Laws – Foreign Laws; How Proven – Proof of Foreign Laws – Processual Presumption In July 1960, Santiago Gatchalian was recognized as a natural born Filipino by the Bureau of […]
G.R. No. 140500 – 424 Phil. 933 – 374 SCRA 180 – Civil Law – Preliminary Title – Application of Laws – No retroactive effect if vested rights are impaired The late Fiscal Ernesto Bernabe allegedly fathered a son with Carolina Alejo. The son was born on September 18, 1981 […]
G.R. No. 107369 – 371 Phil. 165 – 312 SCRA 239- Political Law – Law on Public Officers – Appointments – Confirmation by the Commission on AppointmentsCivil Law – Preliminary Title – Duty of Courts to Respect the Constitutionality of Laws Passed By Congress – Presumption of Constitutionality; when not enjoyed […]
G.R. No. 75915-16 – 214 SCRA 41 – Civil Law – Preliminary Title – Prescriptive Dates – Prescription of RightsMercantile Law – Law on Insurance – Insurable Interest; when not present In February 1981, the spouses Go It Bun and Choi Ping Tai insured their property with Cathay Insurance Co., Inc. […]
G.R. No. L-23678 – 126 Phil. 726 – 20 SCRA 358 – Civil Law – Application of Laws – Nationality Principle – Renvoi Doctrine – Conflict of Laws Succession – Nationality of the Decedent – Legitime Amos Bellis was a citizen of the State of Texas, and of the United States. […]
G.R. No. 112170 – 326 Phil. 157 – 256 SCRA 149 – Statutory Construction – Purpose of a LawCivil Law – Application of Laws – Interpretation of Laws In 1989, Cesario Ursua was charged with bribery and dishonesty. His lawyer then asked him to get a copy of the complaint […]
G.R. No. L-80718 – 157 SCRA 757 – Civil Law – Preliminary Title – Application of Laws – Publication of Laws – Publication of Supreme Court Decisions in the Official Gazette The firewall of a burned out building owned by Felisa De Roy collapsed and destroyed the tailoring shop occupied by the family […]
G.R. No. 102316 – 274 SCRA 642 – Civil Law – Preliminary Title – Waiver of Patrimonial Rights On January 16, 1984 plaintiff Valenzuela Hardwood and Industrial Supply Inc. entered into an agreement with the defendant Seven Brothers whereby the latter undertook to load on board its vessel the former’s lauan […]
G.R. No. L-42631 – 81 SCRA 434 – Civil Law – Preliminary Title – Waiver of Rights Leopoldo Lorenzo worked as a molder for the Philippine Glass Manufacturing Company starting in 1964. In early 1974, Lorenzo applied for SSS sickness benefits. SSS then required Lorenzo to be confined in various occasions. […]