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 […]
Criminal Procedure
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 – 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 wife, Milagros Donio-Teves, and […]
G.R. No. L-18770 – 14 SCRA 694 – Political Law – Powers of the President – Amnesty; When it cannot be invoked Remedial Law – Criminal Procedure – New Trial – Recantation of Witness Testimony Eugenio Pasilan was a former guerrilla fighting against the Japanese. In 1944, while cleaning his […]
G.R. NO. 170566 – 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 alleged in the Information […]
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 […]