Category Archives: Remedial Law

An order of dismissal arising from the grant of a demurrer to evidence has the effect of an acquittal unless the order was issued with grave abuse of discretion amounting to lack or excess of jurisdiction

An order of dismissal arising from the grant of a demurrer to evidence has the effect of an acquittal unless the order was issued with grave abuse of discretion amounting to lack or excess of jurisdiction. In criminal cases, the … Continue reading

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Jurisdiction over any case is acquired only upon the payment of the prescribed docket fee which is both mandatory and jurisdictional.

          Jurisdiction is defined as the authority to hear and determine a cause or the right to act in a case.[37]  In addition to being conferred by the Constitution and the law,[38] the rule is settled that a court’s jurisdiction … Continue reading

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Exceptions as meriting a relaxation of the rules in order to serve substantial justice

Moreover, there are exceptions that have been previously considered by the Court as meriting a relaxation of the rules in order to serve substantial justice. These are: (1) matters of life, liberty, honor or property; (2) the existence of special … Continue reading

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Every written motion, except those that the court may act upon without prejudicing the rights of an adverse party, to be set for hearing by its proponent

The Rules of Court require every written motion, except those that the court may act upon without prejudicing the rights of an adverse party, to be set for hearing by its proponent.[36]  When a motion ought to be heard, the … Continue reading

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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.

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

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

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

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When warrant of arrest may issue?

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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