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 […]
Legal Questions
216 posts
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.
The following are crimes that cannot be prosecuted de oficio: 1. Adultery and concubinage 2. Seduction, abduction, acts of lasciviousness 3. Defamation which consists in the imputation of an offense mentioned above The above offenses fall under the category of “private crimes”. They can only be prosecuted at the instance […]
The limitations are: Prosecution is entitled to Notice of hearing The Court must Await the result of a petition for review The prosecution’s stand to maintain prosecution should be Respected by the court The ultimate Test of the court’s independence is where the prosecutor files a motion to dismiss or […]
Before a case is filed in court, the prosecution has control over the following: What case to file Whom to prosecute The manner of prosecution The right to withdraw the case before arraignment even without notice and hearing. After a case is filed in court, the court has control over […]
No, he cannot refuse to prosecute. He is obliged by law to proceed and prosecute the criminal action. He cannot impose his opinion on the court.
The general rule is that no criminal prosecution may be restrained or stayed by any injunctive writ, preliminary or final. Public interest requires that criminal acts be immediately investigated and prosecuted for the protection of the society. See exceptions here.
Private offenses are those which cannot be prosecuted except upon complaint filed by the aggrieved party. Strictly speaking, there is no such thing as a private offense since all offenses are an outrage against the State. They are denominated as private offenses only to give deference to the offended party […]
Once the information is filed in court, the court acquires jurisdiction. Whatever disposition the prosecutor may feel should be proper in the case thereafter should be addressed for the consideration of the court, subject only to the limitation that the court should not impair the substantial rights of the accused […]
According to People v. Beriales (1976 case), he should be present. If he is not physically present, it cannot be said that the prosecution was under his direction and control. But in People v. Malinao and Bravo v. CA, it was held that the proceedings are valid even without the […]
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 […]
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 […]