G.R. No. 183975 – 645 Phil. 218 – 630 SCRA 659 – Remedial Law – Criminal Procedure – Appellant’s Brief; Failure to File – Abandonment of Appeal Legal Ethics – Legal Profession – Negligence of Counsel Binds Client In 2006, Gregorio Dimarucot was convicted of frustrated homicide. Dimarucot, through counsel […]
Criminal Procedure
44 posts
G.R. No. 102942 – 338 Phil. 105 – 271 SCRA 391 – Remedial Law – Criminal Procedure – Answer with Counterclaim in Criminal Case Not Allowed In 1991, Amado Cabaero and one other was sued for estafa by Epifanio Ceralde. After Cabaero was arraigned, he filed an Answer with Counterclaim […]
G.R. No. 159218 – 470 Phil. 420 – 426 SCRA 562 – Civil Law – Persons and Family Relations – Family Code – Marriage – Void Marriages – Article 35 – Bigamy – Prejudicial Question Remedial Law – Criminal Procedure – Prejudicial Question In 1967, Narcisa Arceño married Salvador Abunado. Later, Arceño […]
G.R. No. 175241 – 627 Phil. 331 – 613 SCRA 518 – Political Law – Constitutional Law – Freedom of Expression – Clear and Present Danger Test – Modification of a Rally Permit Remedial Law – Criminal Procedure – Rule 111 – Prejudicial Question In June 2006, the Integrated Bar […]
G.R. No. 54 – 1 Phil. 50 – Remedial Law – Right to Remain Silent Political Law – Constitutional Law – Bill of Rights – Rights of the Accused – Right to Remain Silent Jose Junio pleaded not guilty to a criminal case. After that, the judge required him to […]
G.R. No. 1332 – 2 Phil. 380 – Remedial Law – Criminal Procedure – Rights of the Accused – Right to Remain Silent Political Law – Constitutional Law – Criminal Procedure – Bill of Rights – Rights of the Accused – Right to Remain Silent In November 1900, three people […]
G.R. No. 127777 – 374 Phil. 474 – 316 SCRA 118 – Remedial Law – Criminal Procedure – Double Jeopardy – Dismissal of Case Without Accused’s Consent In 1991, a special prosecutor filed two identical informations for violation of the tax code against Petronila Tupaz. One information was filed with QC-RTC […]
G.R. No. L-38581 – 70 SCRA 257 – Legal Ethics – Duties of the Solicitor General Remedial Law – Criminal Procedure – Motion for New Trial – New Trial Allowed if Appeal is Perfected; Exception In February 1968, Lorenzo Jose was caught possessing several firearms and explosives. He was prosecuted […]
G.R. No. L-38308 – 218 Phil. 578 – 133 SCRA 616 – Remedial Law – Criminal Procedure – De Oficio Prosecution – “Private Crimes” In July 1972, Julian Teves submitted a thumbmarked letter-complaint to Pablo Cabahug, the City Fiscal of Dumaguete. The letter-complaint alleges that he is charging criminally his […]
G.R. No. L-18770 – 122 Phil. 46 – 14 SCRA 694 – Political Law – Constitutional Law – The Executive Department – Powers of the President – Amnesty; When it cannot be invokedRemedial Law – Criminal Procedure – New Trial – Recantation of Witness Testimony Eugenio Pasilan was a former […]
G.R. No. 170566 – 519 Phil. 71 – 484 SCRA 76 – Criminal Law – Book I – Aggravating Circumstances; Must be alleged in the Information Civil Law – Torts and Damages – Exemplary Damages; When awarded in criminal cases Remedial Law – Criminal Procedure – Aggravating Circumstances; Must be […]
G.R. No. 126021 – 383 Phil. 988 – Criminal Law – Book I – Aggravating Circumstances – Ignominy – Principal by Inducement Remedial Law – Criminal Procedure – Information; All aggravating circumstances must be alleged Political Law – Constitutional Law – Bill of Rights – Right to be informed of […]