In general the courts cannot interfere with the prosecutor’s discretion and control of the criminal prosecution. It is not prudent or even permissible for a court to compel the prosecutor to prosecute a proceeding originally initiated by him on the information, if he finds that the evidence relied upon by […]
Legal Questions
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It simply means that the institution of a criminal action depends upon the sound discretion of the prosecutor, he may or may not file the complaint or information, follow or not follow that presented by the offended party, according to whether the evidence, in his opinion is sufficient or not […]
The general rule is that all criminal actions commenced by the filing of a complaint or information shall be prosecuted under the direction and control of the prosecutor. However, in the Municipal Trial Courts and Municipal Circuit Trial Courts, if the prosecutor is not available, the offended party, any peace […]
The fulfillment of the suspensive condition, which is the full payment of the purchase price, will not automatically transfer ownership to the buyer although the property may have been previously delivered to him. The prospective vendor still has to convey title to the prospective buyer by entering into a contract […]
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 […]
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 […]
An Information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court.
A sworn written complaint is required if the offense is one which cannot be prosecuted de officio, or is private in nature (adultery, concubinage, abduction, seduction, acts of lasciviousness, defamation consisting in the imputation of any of the above offenses), or where it pertains to those cases which need to […]