Legal Vault

Sufficiency of complaint or information.  — A complaint or information is sufficient if it states the name of the accused; the designation of the …

Sufficiency of complaint or information.  — A complaint or information is sufficient if it states the name of the accused; the designation of the offe…

Sufficiency of complaint or information. — A complaint or information is sufficient if it states the name of the accused; the designation of the o…

Intervention of the offended party in criminal action. — Where the civil action for recovery of civil liability is instituted in the criminal acti…

● The secretary of justice, who has the power of supervision and control over prosecuting officers, is the ultimate authority who decides which of the …

A separate proceeding for the recovery of civil liability in cases of violations of B.P. No. 22 is allowed when the civil case is filed ahead of the cri…

●The validity or invalidity of the interest rate is not determinative of the guilt of respondents in the criminal cases. The cause or reason for the is…

In lawful arrests, it becomes both the duty and the right of the apprehending officers to conduct a warrantless search not only on the person of the su…

● The place to be searched cannot be changed, enlarged nor amplified by the police.  ● The law does not require that the things to be seized must be …

The capital nature of an offense is determined by the penalty prescribed by law, not by the penalty to be actually imposed in view of the attendant cir…

In resolving a motion for admission to bail, a bail hearing is mandatory to give the prosecution reasonable opportunity to oppose the application by sh…

Bail is a matter of right before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua or life imprisonment.…

After trial on the merits, an acquittal is immediately final and cannot be appealed on the ground of double jeopardy. The only exception where double j…

Although the Provincial Prosecutor had interposed no objection to the grant of bail to the accused, respondent judge should nevertheless have set the p…

Alleged violation of the rights against illegal arrest is deemed waived by the appellant’s failure to assert them prior to the arraignment Facts:  …

The exact date of the commission of the rape is relevant in the proper determination of penalty. Facts:  Tirona charged with the crime of rape …

If the fiscal had no authority to file the information, the dismissal of the first information would not be a bar to subsequent prosecution. Jeopardy d…

The municipal trial judge has no legal authority to determine the character of the crime. His authority is limited to determining whether the evidence …

The judgment of acquittal extinguishes the liability of the accused for damages only when it includes a declaration that the fact from which the civil …