No. A complaint presented by a private person when not sworn to by him is not necessarily void. The want of an oath is a mere defect of form which does not affect the substantial rights of the defendant on the merits.
Legal Questions
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1. To afford adequate protection to constitutional rights of the accused 2. When necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions 3. Where there is a prejudicial question which is subjudice 4. When the acts of the officer are without or in excess […]
No. Public interest requires that criminal acts must be immediately investigated and prosecuted for the protection of society.
No, a criminal action cannot lie against a juridical person. It the corporation violates the law, the officer, through whom the corporation acts, answers criminally for his acts.
No. The right to file a criminal action is personal and abates upon the death of the offended party. It is not transmissible to the heirs.
The offended party is the person actually injured or whose feeling is offended. He is the one to whom the offender is also civilly liable under Article 100 of the Revised Penal Code of the Philippines.
Article 1460 of the Civil Code provides: A thing is determinate when it is particularly designated or physically segregated from all others of the same class. The requisite that a thing be determinate is satisfied if at the time of the contract is entered into, the thing is capable of […]
1. Consent – this is the meeting of the minds of both parties, i.e., consent to transfer ownership in exchange for the price. 2. Subject Matter – this should be determinate. A thing is considered determinate if when it is particularly designated or physically segregated from all others of the […]
I. Contract of sale (absolute) real obligation obligation to give remedies available: specific performance rescission damages II. Contract to sell (conditional) personal obligation obligation to do remedies available: rescission damages
Under the system of Katarungan Pambarangay, they are: 1. Where one party is the government 2. Where one party is a public officer or employee and the dispute relates to the performance of his official functions 3. Offenses punishable by imprisonment exceeding 1 year or a fine exceeding P5,000 4. […]
For offenses which require a preliminary investigation, the criminal action is instituted by filing the complaint for preliminary investigation. The criminal action is commenced when the complaint or information is filed in court.
The institution of the criminal action shall interrupt the running of the period of prescription of the offense unless otherwise provided in special laws. The rule does not apply to violations of municipal ordinances and special laws. The prescriptive periods for violations of special laws are interrupted only by the […]
It is not necessary for the court to first acquire jurisdiction over the person of the accused to dismiss a case or grant other relief. The outright dismissal of the case even before the court acquires jurisdiction over the person of the accused is allowed, except in applications for bail, […]
Criminal actions shall be instituted as follows: (a) For offenses where a preliminary investigation is required, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation. (b) For all other offenses, by filing the complaint or information directly with the MTC or the […]
Registration guarantees the title. Purpose of Registration: 1. Serve as constructive notice 2. Prevent fraudulent claims 3. Protect interest of strangers to transaction
3 Stages of Development of Legal System of Transferring Titles: 1. Production and delivery of deed by grantor to grantee without registration 2. Recording of deed of conveyance to bind 3rd persons 3. Registration of title