Uber Digests | Criminal Procedure
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Criminal Procedure

Gregorio Dimarucot vs People of the Philippines

630 SCRA 659 – Remedial Law – Criminal Procedure/Civil Procedure – Appellant’s Brief; Failure to File – Abandonment of Appeal Legal Profession – Negligence of Counsel Binds Client In 2006, […]

July 1, 2015

Amado Cabaero vs Alfredo Cantos

271 SCRA 391 – Remedial Law – Criminal Procedure – Answer with Counterclaim in Criminal Case In 1991, Amado Cabaero and one other was sued for estafa by Epifanio Ceralde. […]

June 30, 2015

Salvador Abunado vs People of the Philippines

426 SCRA 562 – Civil Law – Family Code – Article 35 – Bigamy – Prejudicial Question Remedial Law – Criminal Procedure – Prejudicial Question In 1967, Narcisa Arceño married Salvador […]

June 1, 2015

Integrated Bar of the Philippines vs Mayor Jose Atienza

613 SCRA 518 – Political Law – Constitutional Law – Freedom of Expression – Clear and Present Danger Test – Modification of a Rally Permit Remedial Law – Criminal Procedure […]

April 10, 2015

People of the Philippines vs Romy Fallones

Remedial Law – Evidence – Res Gestae In the morning of June 29, 2004 Amalia was told by her mother to look for her sister Alice. Alice was an 18 […]

February 19, 2014

The United States vs Jose Junio

Criminal Law – Remedial Law – Constitutional Law – Right to Remain Silent  Jose Junio pleaded not guilty to a criminal case. After that, the judge required him to file […]

October 21, 2013

The United States vs Geronimo Luzon

Criminal Law – Remedial Law – Constitutional Law – Right to Remain Silent In November 1900, three people went missing in Marilao, Bulacan. Two of the three missing persons reappeared […]

October 20, 2013

People of the Philippines vs Gerrico Vallejo

Remedial Law – Evidence – DNA Evidence – Admissibility On July 10, 1999 (Rosario, Cavite), at about 1pm, 9-year old Daisy Diolola went to her neighbor’s house to seek help […]

June 29, 2013

Petronila Tupaz vs Judge Benedicto Ulep

Remedial Law – Criminal Procedure – Double Jeopardy – Dismissal of Case Without Accused’s Consent In 1991, a special prosecutor filed two informations for violation of the tax code against Petronila […]

January 11, 2013
 

West Coast Life Insurance vs Geo Hurd

27 Phil 401 – Business Organization – Corporation Law – No Criminal Actions Against A Corporation  In 1912, West Coast Life Insurance caused the distribution of printed materials which impressed […]

November 20, 2012

Bernardino Marcelino vs Fernando Cruz, Jr.

121 SCRA 51 – Political Law – Constitutional Law – Period to Resolve a Case from Date of Submission – Promulgation vs Rendition of Judgment – Constitutional Period to Decide not Mandatory […]

October 26, 2011

Milagros Donio-Teves vs Judge Cipriano Vamenta, Jr.

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 […]

September 20, 2011
 

Candida Virata vs Victorio Ochoa

81 SCRA 472 Torts and Damages – Double Recovery of Civil Liability   In September 1975, Borilla was driving a jeep when he hit Arsenio Virata thereby causing the latter’s […]

July 23, 2011
 

Batangas Laguna Tayabas Bus Company, Inc. vs Court of Appeals

64 SCRA 427 Torts and Damages – Civil Liability from Quasi Delicts vs Civil Liability from Crimes In February 1963, Ilagan was driving a bus owned by Batangas Laguna Tayaban […]

July 17, 2011
 

Elcano vs Hill

77 SCRA 100 – May 26, 1977 Torts and Damages – Civil Liability from Quasi Delicts vs Civil Liability from Crimes Reginald Hill, a minor, caused the death of Agapito […]

July 17, 2011
 

PNB vs Catipon

98 Phil 27 Torts and Damages – Effect of Acquittal Catipon bought onions from Ramirez in 1951. The son of Ramirez told Catipon that the only way he could get […]

July 17, 2011

Lucio Francisco vs Crispulo Onrubia

46 Phil. 327 – Civil Law – Torts and Damages – When Liability for Quasi Delict Arises In November 1922, Crispulo Onrubia was driving his car in Calle Ascarraga, Manila and […]

July 2, 2011
 

Datu Pax Pakung Mangudadatu vs HRET & Angelo Montilla

Due Process – Administrative Bodies – HRET – Service of Summons Datu Pax and Montilla were rivals in the Congressional elections in 2007. Datu Pax won the elections. Montilla contested […]

November 25, 2010
 

Horacio Morales Jr vs Minister of Defense Juan Ponce Enrile et al

Habeas Corpus – The Right to Bail In April 1982, Morales and some others were arrested while driving a motor vehicle in Laong-Laan St, QC. They were charged in CFI […]

November 17, 2010
 

Frank Uy & Unifish Packing Corp. vs Bureau of Internal Revenue et al

Search and Seizure – Requisites of a Valid Search Warrant In Sept 1993, Rodrigo Abos, a former employee of UPC reported to the BIR that Uy Chin Ho aka Frank […]

November 15, 2010
 

Rufino Nuñez vs Sandiganbayan & the People of the Philippines

“Equal Protection” – Creation of the Sandiganbayan Nuñez assails the validity of the PD 1486 creating the Sandiganbayan as amended by PD 1606. He was accused before the Sandiganbayan of […]

November 15, 2010

Panfilo Lacson vs Secretary Hernando Perez

357 SCRA 757 – Political Law – Constitutional Law – Equal Protection Clause – Cases Before the Sandiganbayan On May 18, 1995, alleged members of the Kuratong Baleleng Gang were shot […]

November 15, 2010
 

What is a complaint?

A complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of […]

November 7, 2010
 

Why should the complaint or information be in writing?

The complaint or information should be in writing so that the court has a basis for its decision, to inform the accused of the nature and cause of the accusation […]

November 7, 2010
 

Why should a complaint or information be in the name of the People of the Philippines?

Criminal actions must be commenced in the name of the People because just as a crime is an outrage against the peace and security of the people at large, so […]

November 7, 2010
 

What is the form required for the complaint or information?

The complaint or information shall be in writing, in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved. […]

November 7, 2010
 

When are amicable settlements not allowed?

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 […]

November 7, 2010
 

May the offended party go directly to court to file a criminal action?

No.  Before a complaint is filed in court, there should have been a confrontation between the parties before the Lupon chairman.  The Lupon secretary must certify that no conciliation or […]

November 7, 2010
 

Distinguish “institution” from “commencement” of an action.

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 […]

November 7, 2010
 

What is the effect of the institution of the criminal action on the period of prescription of the offense?

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 […]

November 7, 2010
 

Is the presence of the accused necessary in order for the court to act on a motion?

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 […]

November 7, 2010
 

How are criminal actions instituted?

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 […]

November 7, 2010
 

Can jurisdiction over the person of the accused be waived?

Yes, unlike jurisdiction over the offense which is conferred by law or the Constitution, jurisdiction over the person of the accused may be waived. For example, any objection to the […]

November 6, 2010
 

How is jurisdiction over the person of the accused acquired?

Jurisdiction over the person of the accused is acquired upon his arrest or upon his voluntary appearance or submission to the court.

November 6, 2010
 

What is territorial jurisdiction?

The requirement of territorial jurisdiction means that a criminal action should be filed in the place where the crime was committed, except in those cases provided by Article 2 of […]

November 6, 2010
 

Which court has jurisdiction over a complex crime?

Jurisdiction over the whole complex crime is lodged with the trial court having jurisdiction to impose the maximum and more serious penalty on an offense forming part of the complex […]

November 6, 2010
 

What is the meaning of the term “regular courts”?

Regular courts refer to civil courts as opposed to military courts or courts martial.  Military courts have no jurisdiction over civilians.

November 6, 2010
 

What is the jurisdiction of Regional Trial Courts in criminal cases?

1.     Exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except those falling under the exclusive and concurrent jurisdiction of the […]

November 6, 2010
 

What is the jurisdiction of Municipal Trial Courts in criminal cases?

1.     Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their respective territorial jurisdiction; 2.     Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding […]

November 6, 2010
 

If during the proceedings, the court finds that it has no jurisdiction, how should it proceed?

Where the court has no jurisdiction, lower courts should simply dismiss the case.  On the other hand, the Supreme Court and the Court of Appeals may refer the case to […]

November 6, 2010
 

What is adherence of jurisdiction?

The principle of Adherence of Jurisdiction means that once jurisdiction is vested in the court, it is retained up to the end of the litigation.  It remains with the court […]

November 6, 2010
 

Which law determines the jurisdiction of the court – the law in force at the time of the commission of the offense or the one in force as of the time when the action is filed?

Jurisdiction is determined by the law as of the time when the action is filed, not when the offense was committed.  The exception to this rule is where jurisdiction is […]

November 6, 2010
 

What is jurisdiction over the subject matter?

It is the power to hear and determine cases of the general class to which the proceedings in question belong and is conferred by the sovereign authority which organizes the […]

November 6, 2010
 

What are the requisites for a valid exercise of criminal jurisdiction?

The requisites for a valid exercise of criminal jurisdiction are: 1.     Jurisdiction over the person of the accused 2.     Jurisdiction over the territory where the offense […]

November 6, 2010
 

What are the elements of jurisdiction in criminal cases?

1.     The nature of the offense and/or the penalty attached thereto 2.     The fact that the offense has been committed within the territorial jurisdiction of the court.

November 6, 2010
 

What is criminal jurisdiction?

Criminal jurisdiction is the authority to hear and try a particular offense and impose the punishment for it. In People of the Philippines vs Mariano (71 SCRA 660), it is […]

November 6, 2010
 

Distinguish jurisdiction from venue.

Venue is defined as the particular country or geographical area in which a court with jurisdiction may hear and determine a case.  It means the place of trial.  On the […]

November 6, 2010
 

What is jurisdiction?

Jurisdiction (in general) is the power or authority given by the law to a court or tribunal to hear and determine certain controversies.  It is the power of courts to […]

November 6, 2010
 

How are the rules of criminal procedure construed?

The rules of criminal procedure shall be liberally construed in favor of the accused and strictly against the state to even the odds in favor of the accused against whom […]

November 6, 2010
 

Distinguish between criminal law and criminal procedure.

Criminal law is substantive; it defines crimes, treats of their nature, and provides for their punishment.  Criminal procedure, on the other hand, is remedial or procedural; it provides for the […]

November 6, 2010
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