Category Archives: Criminal Procedures

To protect the accused’s constitutional right to due process the Court outlines the proper steps to be taken before deeming the right to present evidence as waived

Posted on March 7, 2012 by Erineus

The rule in point is Section 15, Rule 119, of the Revised Rules of Court, viz: Section 15. Demurrer to evidence. – After the prosecution has rested its case, the court may dismiss the case on the ground of insufficiency … Continue reading →

Posted in Constitutional Rights, Criminal Procedures, Remedial Law | Tagged , | Leave a comment

Exceptions to the Court’s general policy not to interfere in the conduct of preliminary investigations, leaving the investigating officers sufficient discretion to determine probable cause.

Posted on February 9, 2012 by Erineus

While it is this Court’s general policy not to interfere in the conduct of preliminary investigations, leaving the investigating officers sufficient discretion to determine probable cause,[27] we have nonetheless made some exceptions to the general rule, such as: 1.  when … Continue reading →

Posted in Criminal Procedures, Exceptions, Preliminary Investigation, Remedial Law | Tagged | Leave a comment

Whether the “fresh period rule” enunciated in Neypes applies to appeals in criminal cases?

Posted on February 4, 2012 by Erineus

The core issue boils down to whether the “fresh period rule” enunciated in Neypes applies to appeals in criminal cases. The Court’s Ruling We find merit in the petition. The right to appeal is not a constitutional, natural or inherent … Continue reading →

Posted in Appeal, Civil Procedures, Criminal Procedures, Remedial Law | Tagged | Leave a comment

When warrant of arrest may issue?

Posted on December 12, 2011 by Erineus

Section 6(a), Rule 112 of the Revised Rules on Criminal Procedure clearly provides: SEC. 6. When warrant of arrest may issue. — (a) By the Regional Trial Court. — Within ten (10) days from the filing of the complaint or … Continue reading →

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The offended party or complainant may appeal the civil aspect despite the acquittal of the accused

Posted on December 12, 2011 by Erineus

In Rodriguez v. Gadiane,[30] we held: It is well-settled that in criminal cases where the offended party is the State, the interest of the private complainant or the private offended party is limited to the civil liability. Thus, in the … Continue reading →

Posted in Acquittal of the Accused, Appeal, Criminal Procedures | Tagged | Leave a comment