Does the death of the offended party in a criminal case for libel or defamation extinguishes the criminal liability of the accused? No. The causes…
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Showing posts with the label Criminal ProcedureShow all
Sec. 23. Demurrer to evidence. — After the prosecution rests its case, the court may dismiss the action on the ground of insufficiency of eviden…
Read moreHow do you distinguish the rule on demurrer to evidence in civil cases with the rule of demurrer in criminal cases? The following are the distin…
Read moreSec. 4. Effect of death on civil actions. — The death of the accused after arraignment and during the pendency of the criminal action shall exti…
Read moreCan the accused in a criminal case file a counterclaim, cross-claim or third-party complaint? No counterclaim, cross-claim or third-party complain…
Read moreFiling Fees in Criminal Cases
Criminal Procedure
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Can the offended party claim and prove damages in the criminal action where the complaint or information is silent as to such claim? Yes. Article …
Read moreWhat is the purpose of a new trial? It is to temper the severity of a judgment or prevent the failure of justice. (Jose vs Court of Appeals, 70 S…
Read moreMotion for Reconsideration: Civil vs. Criminal Cases MR in Criminal Cases MR in Civil Cases Either on motion of accused, or the court motu p…
Read moreMotion for new trial vs. motion for reconsideration in criminal cases Motion for Reconsideration Motion for New Trial The case is not r…
Read moreSec. 1 . New trial or reconsideration . — At any time before a judgment of conviction becomes final, the court may, on motion of the accused or at…
Read moreProvisional Dismissal
Criminal Procedure
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Provisional dismissal. — A case shall not be provisionally dismissed except with the express consent of the accused and with notice to the offende…
Read moreA dismissal based on a motion to quash and a provisional dismissal are far different from one another as concepts, in their features, and legal conseq…
Read moreWhat are permanent dismissals? Based on the law, rules, and jurisprudence, permanent dismissals are those barred: 1. by the principle of doub…
Read moreOn-the-spot tips
Criminal Procedure
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Tipped information is sufficient probable cause to effect a warrantless search ■ Facts: Two weeks before August 13, 1999, policemen received an info…
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