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REMEDIAL LAW DOCTRINES: WHEN THE TRIAL COURT ACQUITS THE Generally, a criminal case has two aspects, the civil and the criminal.The civil aspect is borne of the principle that every person criminally liable is also civilly liable (REVISED PENAL CODE, Article 100).The civil action, in which the offended party is the plaintiff and the accused is the defendant, (Hun Hyung Park v. Eung Won Choi, G.R. No. 165496, February 12, 2007, 515 SCRA 502, 512-513 REMEDIAL LAW DOCTRINES: THE FILING OF A MOTION TO DISMISS A special appearance before the court––challenging its jurisdiction over the person through a motion to dismiss even if the movant invokes other grounds––is not tantamount to estoppel or a waiver by the movant of his objection to jurisdiction over his person; and such is not constitutive of a voluntary submission to the jurisdiction of the court (La Naval Drug Corporation v. REMEDIAL LAW DOCTRINES: 2013 It is an established doctrine that injunction will not lie to enjoin a criminal prosecution because public interest requires that criminal acts be immediately investigated and prosecuted for the protection of society (Asutilla v. PNB, 225 Phil. 40, 43 (1986). However, it is also true that various decisions of this Court have laid down exceptions to this rule, among which are: a. REMEDIAL LAW DOCTRINES: DISTINCTION BETWEEN JUDGMENT ON Simply stated, what distinguishes a judgment on the pleadings from a summary judgment is the presence of issues in the Answer to the Complaint. When the Answer fails to tender any issue, that is, if it does not deny the material allegations in the complaint or admits said material allegations of the adverse party’s pleadings by admittingthe
REMEDIAL LAW DOCTRINES In every criminal case, the task of the prosecution is always two-fold, that is, (1) to prove beyond reasonable doubt the commission of the crime charged; and (2) to establish with the same quantum of proof the identity of the person or persons responsible therefor, because, even if the commission of the crime is a given, there can be no conviction without the identity of the malefactor REMEDIAL LAW DOCTRINES: COMPLAINT-IN-INTERVENTION SECTION 1. Who may intervene. — A person who has a legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both, or is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof may, with leave of court, be allowed to intervene in the action. REMEDIAL LAW DOCTRINES: SUMMARY JUDGMENT: Summary judgments are proper when, upon motion of the plaintiff or the defendant, the court finds that the answer filed by the defendant does not tender a genuine issue as to any material fact and that one party is entitled to a judgment as a matter of law. (Rules of Court, Rule 35.A deeper understanding of summary judgments is found in Viajar v.. Estenzo: (178 Phil. 561 REMEDIAL LAW DOCTRINES: LIBERAL CONSTRUCTION PRINCIPLE LIBERAL CONSTRUCTION PRINCIPLE: The cases should be determined on the merits in order to give the parties full opportunity to ventilate their causes and defenses, rather than on technicalities or procedural imperfections.In that way, the ends of justice would be served better. Rules of procedure are mere tools designed to expedite the decision or resolution of cases and other matters REMEDIAL LAW DOCTRINES: GROUNDS FOR PRELIMINARY … The purposes of preliminary attachment are: (1) to seize the property of the debtor in advance of final judgment and to hold it for purposes of satisfying said judgment, as in the grounds stated in paragraphs (a) to (e) of Section 1, Rule 57 of the Rules of Court; or (2) to acquire jurisdiction over the action by actual or constructive seizure REMEDIAL LAW DOCTRINES: COMPLETENESS OF SERVICE The rule on service by registered mail contemplates two situations: (1) actual service the completeness of which is determined upon receipt by the addressee of the registered mail; and (2) constructive service the completeness of which is determined upon expiration of five days from the date the addressee received the first notice of thepostmaster.
REMEDIAL LAW DOCTRINES: WHEN THE TRIAL COURT ACQUITS THE Generally, a criminal case has two aspects, the civil and the criminal.The civil aspect is borne of the principle that every person criminally liable is also civilly liable (REVISED PENAL CODE, Article 100).The civil action, in which the offended party is the plaintiff and the accused is the defendant, (Hun Hyung Park v. Eung Won Choi, G.R. No. 165496, February 12, 2007, 515 SCRA 502, 512-513 REMEDIAL LAW DOCTRINES: THE FILING OF A MOTION TO DISMISS A special appearance before the court––challenging its jurisdiction over the person through a motion to dismiss even if the movant invokes other grounds––is not tantamount to estoppel or a waiver by the movant of his objection to jurisdiction over his person; and such is not constitutive of a voluntary submission to the jurisdiction of the court (La Naval Drug Corporation v. REMEDIAL LAW DOCTRINES: 2013 It is an established doctrine that injunction will not lie to enjoin a criminal prosecution because public interest requires that criminal acts be immediately investigated and prosecuted for the protection of society (Asutilla v. PNB, 225 Phil. 40, 43 (1986). However, it is also true that various decisions of this Court have laid down exceptions to this rule, among which are: a. REMEDIAL LAW DOCTRINES: DISTINCTION BETWEEN JUDGMENT ON Simply stated, what distinguishes a judgment on the pleadings from a summary judgment is the presence of issues in the Answer to the Complaint. When the Answer fails to tender any issue, that is, if it does not deny the material allegations in the complaint or admits said material allegations of the adverse party’s pleadings by admittingthe
REMEDIAL LAW DOCTRINES: LIBERAL CONSTRUCTION PRINCIPLE LIBERAL CONSTRUCTION PRINCIPLE: The cases should be determined on the merits in order to give the parties full opportunity to ventilate their causes and defenses, rather than on technicalities or procedural imperfections.In that way, the ends of justice would be served better. Rules of procedure are mere tools designed to expedite the decision or resolution of cases and other matters REMEDIAL LAW DOCTRINES: RES GESTAE PRINCIPLE, AN … For spontaneous statements to be admitted in evidence, the following must concur: 1) the principal act, the res gestae, is a startling occurrence; 2) the statements were made before the declarant had time to contrive or devise; and 3) the statements concerned the occurrence in question and its immediately attending circumstances (Marturillas v.. People, G.R. No. 163217, April 18, 2006, 487 REMEDIAL LAW DOCTRINES: JUDGMENT ON THE PLEADINGS A judgment on the pleadings is a judgment on the facts as pleaded (Narra Integrated Corporation v. Court of Appeals, 398 Phil. 733 (2000), and is based exclusively upon the allegations appearing in the pleadings of the parties and the accompanying annexes (DORIS U. SUNBANUN vs AURORA B. GO, G.R. No. 163280, February 2, 2010, CARPIO,J.).
REMEDIAL LAW DOCTRINES: FAILURE TO STATE A CAUSE OF ACTION Failure to state a cause of action refers to the insufficiency of the pleading, and is a ground for dismissal under Rule 16 of the Rules of Court.On the other hand, lack of cause action refers to a situation where the evidence does not prove the cause of action alleged in the pleading.x x x If the allegations of the complaint do not aver the concurrence of the elements of cause of action, the REMEDIAL LAW DOCTRINES: DISTINCTION BETWEEN JUDGMENT ON Simply stated, what distinguishes a judgment on the pleadings from a summary judgment is the presence of issues in the Answer to the Complaint. When the Answer fails to tender any issue, that is, if it does not deny the material allegations in the complaint or admits said material allegations of the adverse party’s pleadings by admittingthe
REMEDIAL LAW DOCTRINES: AN ACTION FOR RECONVEYANCE IS AN “The settled rule is that the aim and object of an action determine its character. Whether a proceeding is in rem, or in personam, or quasi in rem for that matter, is determined by its nature and purpose, and by these only. A proceeding in personam is a proceeding to enforce personal rights and obligations brought against the person and is based on the jurisdiction of the person, although it REMEDIAL LAW DOCTRINES: FEBRUARY 2014 Section 5, Rule 58 of the Rules permits the executive judge to issue a TRO ex parte, effective for 72 hours, in case of extreme urgency to avoid grave injustice and irreparable injury.Then, after the lapse of the 72 hours, the Presiding Judge to whom the case was raffled shall then conduct a summary hearing to determine whether the TRO can be extended for another period. REMEDIAL LAW DOCTRINES: EXEMPTION OF COOPERATIVES FROM On 11 February 2010, the Supreme Court En Banc issued a Resolution in A.M. No. 08-2-01-0, (Re: Petition for Recognition of the Exemption of the Government Service Insurance System (GSIS) for Payment of Legal Fees, A.M. No. 08-2-01-0, 11 February 2010, 612 SCRA 193) which denied the petition of the Government Service Insurance System (GSIS) for recognition of its exemption from payment of REMEDIAL LAW DOCTRINES: 2012 An action for declaratory relief should be filed by a person interested under a deed, a will, a contract or other written instrument, and whose rights are affected by a statute, an executive order, a regulation or an ordinance.The relief sought under this remedy includes the interpretation and determination of the validity of the written instrument and the judicial declaration of the parties REMEDIAL LAW DOCTRINES: WRIT OF AMPARO PROCEEDINGS An amparo proceeding is not criminal in nature nor does it ascertain the criminal liability of individuals or entities involved. Neither does it partake of a civil or administrative suit. Rather, it is a remedial measure designed to direct specified courses of action to government agencies to safeguard the constitutional right to life,liberty
REMEDIAL LAW DOCTRINES: RES GESTAE PRINCIPLE, AN … For spontaneous statements to be admitted in evidence, the following must concur: 1) the principal act, the res gestae, is a startling occurrence; 2) the statements were made before the declarant had time to contrive or devise; and 3) the statements concerned the occurrence in question and its immediately attending circumstances (Marturillas v.. People, G.R. No. 163217, April 18, 2006, 487 REMEDIAL LAW DOCTRINES: LIBERAL CONSTRUCTION PRINCIPLE LIBERAL CONSTRUCTION PRINCIPLE: The cases should be determined on the merits in order to give the parties full opportunity to ventilate their causes and defenses, rather than on technicalities or procedural imperfections.In that way, the ends of justice would be served better. Rules of procedure are mere tools designed to expedite the decision or resolution of cases and other matters REMEDIAL LAW DOCTRINES: SUMMARY JUDGMENT: Summary judgments are proper when, upon motion of the plaintiff or the defendant, the court finds that the answer filed by the defendant does not tender a genuine issue as to any material fact and that one party is entitled to a judgment as a matter of law. (Rules of Court, Rule 35.A deeper understanding of summary judgments is found in Viajar v.. Estenzo: (178 Phil. 561 REMEDIAL LAW DOCTRINES: SPECIFIC DENIAL: Under Section 10, Rule 8 of the Rules of Court, a specific denial of an allegation of the complaint may be made in any of three ways, namely: (a) a defendant specifies each material allegation of fact the truth of which he does not admit and, whenever practicable, sets forth the substance of the matters upon which he relies to support his denial; (b) a defendant who desires to deny only a part REMEDIAL LAW DOCTRINES: COMPLAINT-IN-INTERVENTIONANSWER TO COMPLAINT IN INTERVENTIONCALIFORNIA COMPLAINT IN INTERVENTIONCALIFORNIA COMPLAINT IN INTERVENTIONCALIFORNIA COMPLAINT IN INTERVENTION FORMCOMPLAINT IN INTERVENTION FORMCOMPLAINT IN INTERVENTION FORM SECTION 1. Who may intervene. — A person who has a legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both, or is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof may, with leave of court, be allowed to intervene in the action. REMEDIAL LAW DOCTRINES: JUDGMENT ON THE PLEADINGS A judgment on the pleadings is a judgment on the facts as pleaded (Narra Integrated Corporation v. Court of Appeals, 398 Phil. 733 (2000), and is based exclusively upon the allegations appearing in the pleadings of the parties and the accompanying annexes (DORIS U. SUNBANUN vs AURORA B. GO, G.R. No. 163280, February 2, 2010, CARPIO,J.).
REMEDIAL LAW DOCTRINES: COMPLETENESS OF SERVICE The rule on service by registered mail contemplates two situations: (1) actual service the completeness of which is determined upon receipt by the addressee of the registered mail; and (2) constructive service the completeness of which is determined upon expiration of five days from the date the addressee received the first notice of thepostmaster.
REMEDIAL LAW DOCTRINES: THE FILING OF A MOTION TO DISMISS A special appearance before the court––challenging its jurisdiction over the person through a motion to dismiss even if the movant invokes other grounds––is not tantamount to estoppel or a waiver by the movant of his objection to jurisdiction over his person; and such is not constitutive of a voluntary submission to the jurisdiction of the court (La Naval Drug Corporation v. REMEDIAL LAW DOCTRINES: 2013 It is an established doctrine that injunction will not lie to enjoin a criminal prosecution because public interest requires that criminal acts be immediately investigated and prosecuted for the protection of society (Asutilla v. PNB, 225 Phil. 40, 43 (1986). However, it is also true that various decisions of this Court have laid down exceptions to this rule, among which are: a. REMEDIAL LAW DOCTRINES: DISTINCTION BETWEEN JUDGMENT ONFEDERAL JUDGMENT ON THE PLEADINGSFLORIDA JUDGMENT ON THE PLEADINGSJUDGMENT ON THE PLEADINGS EXAMPLE Simply stated, what distinguishes a judgment on the pleadings from a summary judgment is the presence of issues in the Answer to the Complaint. When the Answer fails to tender any issue, that is, if it does not deny the material allegations in the complaint or admits said material allegations of the adverse party’s pleadings by admittingthe
REMEDIAL LAW DOCTRINES: RES GESTAE PRINCIPLE, AN … For spontaneous statements to be admitted in evidence, the following must concur: 1) the principal act, the res gestae, is a startling occurrence; 2) the statements were made before the declarant had time to contrive or devise; and 3) the statements concerned the occurrence in question and its immediately attending circumstances (Marturillas v.. People, G.R. No. 163217, April 18, 2006, 487 REMEDIAL LAW DOCTRINES: LIBERAL CONSTRUCTION PRINCIPLE LIBERAL CONSTRUCTION PRINCIPLE: The cases should be determined on the merits in order to give the parties full opportunity to ventilate their causes and defenses, rather than on technicalities or procedural imperfections.In that way, the ends of justice would be served better. Rules of procedure are mere tools designed to expedite the decision or resolution of cases and other matters REMEDIAL LAW DOCTRINES: SUMMARY JUDGMENT: Summary judgments are proper when, upon motion of the plaintiff or the defendant, the court finds that the answer filed by the defendant does not tender a genuine issue as to any material fact and that one party is entitled to a judgment as a matter of law. (Rules of Court, Rule 35.A deeper understanding of summary judgments is found in Viajar v.. Estenzo: (178 Phil. 561 REMEDIAL LAW DOCTRINES: SPECIFIC DENIAL: Under Section 10, Rule 8 of the Rules of Court, a specific denial of an allegation of the complaint may be made in any of three ways, namely: (a) a defendant specifies each material allegation of fact the truth of which he does not admit and, whenever practicable, sets forth the substance of the matters upon which he relies to support his denial; (b) a defendant who desires to deny only a part REMEDIAL LAW DOCTRINES: COMPLAINT-IN-INTERVENTIONANSWER TO COMPLAINT IN INTERVENTIONCALIFORNIA COMPLAINT IN INTERVENTIONCALIFORNIA COMPLAINT IN INTERVENTIONCALIFORNIA COMPLAINT IN INTERVENTION FORMCOMPLAINT IN INTERVENTION FORMCOMPLAINT IN INTERVENTION FORM SECTION 1. Who may intervene. — A person who has a legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both, or is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof may, with leave of court, be allowed to intervene in the action. REMEDIAL LAW DOCTRINES: JUDGMENT ON THE PLEADINGS A judgment on the pleadings is a judgment on the facts as pleaded (Narra Integrated Corporation v. Court of Appeals, 398 Phil. 733 (2000), and is based exclusively upon the allegations appearing in the pleadings of the parties and the accompanying annexes (DORIS U. SUNBANUN vs AURORA B. GO, G.R. No. 163280, February 2, 2010, CARPIO,J.).
REMEDIAL LAW DOCTRINES: COMPLETENESS OF SERVICE The rule on service by registered mail contemplates two situations: (1) actual service the completeness of which is determined upon receipt by the addressee of the registered mail; and (2) constructive service the completeness of which is determined upon expiration of five days from the date the addressee received the first notice of thepostmaster.
REMEDIAL LAW DOCTRINES: THE FILING OF A MOTION TO DISMISS A special appearance before the court––challenging its jurisdiction over the person through a motion to dismiss even if the movant invokes other grounds––is not tantamount to estoppel or a waiver by the movant of his objection to jurisdiction over his person; and such is not constitutive of a voluntary submission to the jurisdiction of the court (La Naval Drug Corporation v. REMEDIAL LAW DOCTRINES: 2013 It is an established doctrine that injunction will not lie to enjoin a criminal prosecution because public interest requires that criminal acts be immediately investigated and prosecuted for the protection of society (Asutilla v. PNB, 225 Phil. 40, 43 (1986). However, it is also true that various decisions of this Court have laid down exceptions to this rule, among which are: a. REMEDIAL LAW DOCTRINES: DISTINCTION BETWEEN JUDGMENT ONFEDERAL JUDGMENT ON THE PLEADINGSFLORIDA JUDGMENT ON THE PLEADINGSJUDGMENT ON THE PLEADINGS EXAMPLE Simply stated, what distinguishes a judgment on the pleadings from a summary judgment is the presence of issues in the Answer to the Complaint. When the Answer fails to tender any issue, that is, if it does not deny the material allegations in the complaint or admits said material allegations of the adverse party’s pleadings by admittingthe
REMEDIAL LAW DOCTRINES In every criminal case, the task of the prosecution is always two-fold, that is, (1) to prove beyond reasonable doubt the commission of the crime charged; and (2) to establish with the same quantum of proof the identity of the person or persons responsible therefor, because, even if the commission of the crime is a given, there can be no conviction without the identity of the malefactor REMEDIAL LAW DOCTRINES: DERIVATIVE SUITS, INDIVIDUAL AND The afore-quoted exposition is relevant in the case of Santiago Cua, Jr. et. al. vs. Miguel Ocampo Tan, et. al. considering that the claim therein of respondents Miguel, et al., that its Complaint in Civil Case No. 07-610 is not just a derivative suit, but also an intracorporate action arising from devices or schemes employed by the PRCI Board of Directors amounting to fraud or misrepresentation. REMEDIAL LAW DOCTRINES: THE RULE IS THAT PAYMENT IN FULL In Manchester v.Court of Appeals, it was held that a court acquires jurisdiction over any case only upon the payment of the prescribed docket fee.The strict application of this rule was, however, relaxed two (2) years after in the case of Sun Insurance Office, Ltd. v. Asuncion, 252 Phil. 280 (1989), wherein the Court decreed that where the initiatory pleading is not accompanied by the payment REMEDIAL LAW DOCTRINES: MODES OF APPEAL The first mode of appeal, the ordinary appeal under Rule 41 of the Rules of Court, is brought to the CA from the RTC, in the exercise of its original jurisdiction, and resolves questions of fact or mixed questions of fact and law.The second mode of appeal, the petition for review under Rule 42 of the Rules of Court, is brought to the CA from the RTC, acting in the exercise of its appellate REMEDIAL LAW DOCTRINES: THE RULE ON PERMISSIVE The rule in permissive counterclaims is that for the trial court to acquire jurisdiction, the counterclaimant is bound to pay the prescribed docket fees. This, petitioner did not do, because it asserted that its claim for the collection of rental payments was a compulsory counterclaim. Since petitioner failed to pay the docket fees, the RTC did not acquire jurisdiction over its permissive REMEDIAL LAW DOCTRINES: DISTINCTION BETWEEN JUDGMENT ON Simply stated, what distinguishes a judgment on the pleadings from a summary judgment is the presence of issues in the Answer to the Complaint. When the Answer fails to tender any issue, that is, if it does not deny the material allegations in the complaint or admits said material allegations of the adverse party’s pleadings by admittingthe
REMEDIAL LAW DOCTRINES: CRIMINAL PROCEDURE: THE RIGHT TO The right of the accused to a speedy trial and to a speedy disposition of the case against him was designed to prevent the oppression of the citizen by holding criminal prosecution suspended over him for an indefinite time, and to prevent delays in the administration of justice by mandating the courts to proceed with reasonable dispatch in the trial of criminal cases. REMEDIAL LAW DOCTRINES: 2013 The mandatory character of pre-trial is embodied in Administrative Circular No. 3-99 dated January 15, 1999, and found its way in Section 2, Rule 18 of the Rules of Court, which imposes a duty upon the plaintiff to promptly move ex parte that the case be set for pre-trial.x x x x To further show that the Court is serious in implementing the rules on pre-trial, in Alviola v. REMEDIAL LAW DOCTRINES: SHARI’A DISTRICT COURTS The Shari’a District Court has the authority to hear and receive evidence to determine whether it has jurisdiction, which requires an a priori determination that the deceased is a Muslim. If after hearing, the Shari’a District Court determines that the deceased was not in fact a Muslim, the district court should dismiss the case for lack of REMEDIAL LAW DOCTRINES: JUSTICE ROBERTO ABAD: STATEMENTS Essentially, however, in the case of Arthur Del Rosario, et. al., vs. Hellenor Donato,Jr. et. al., all that the Del Rosarios allege is that respondents NBI agents used an unlawfully obtained search warrant against them, evidenced by the fact that, contrary to the sworn statements used to get such warrant, the NBI agents found no fake Marlboro cigarettes in petitioner Alexander del Rosario's REMEDIAL LAW DOCTRINES MONDAY, APRIL 25, 2016 CHARACTER EVIDENCE OF THE ACCUSED IN CRIMINAL CASES: Sub-paragraph 1 of Section 51 of Rule 130 provides that THE ACCUSED MAY PROVE HIS GOOD MORAL CHARACTER WHICH IS PERTINENT TO THE MORAL TRAIT INVOLVED IN THE OFFENSE CHARGED. When the accused presents proof of his good moral character, this strengthens the presumption of innocence, and where good character and reputation are established, an inference arises that the accused did not commit the crime charged. This view proceeds from the theory that a person of good character and high reputation is not likely to have committed the act chargedagainst him.
SUB-PARAGRAPH 2 PROVIDES THAT THE PROSECUTION MAY NOT PROVE THE BAD MORAL CHARACTER OF THE ACCUSED EXCEPT ONLY IN REBUTTAL AND WHEN SUCH EVIDENCE IS PERTINENT TO THE MORAL TRAIT INVOLVED IN THE OFFENSE CHARGED. This is intended to avoid unfair prejudice to the accused who might otherwise be convicted not because he is guilty but because he is a person of bad character. The offering of character evidence on his behalf is a privilege of the defendant, and the prosecution cannot comment on the failure of the defendant to produce such evidence. Once the defendant raises the issue of his good character, the prosecution may, in rebuttal, offer evidence of the defendant’s bad character. Otherwise, a defendant, secure from refutation, would have a license to unscrupulously impose a false character upon the tribunal. Both sub-paragraphs (1) and (2) of Section 51 of Rule 130 refer to character evidence of the accused. And this evidence must be "pertinent to the moral trait involved in the offense charged," meaning, that the character evidence must be relevant and germane to the kind of the act charged, e.g., on a charge of rape, character for chastity; on a charge of assault, character for peacefulness or violence; on a charge for embezzlement, character for honesty and integrity. https://www.facebook.com/Villasis-Law-Center-784695934976279/ Posted by Christian G. Villasis at 10:33 AM0 comments
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FRIDAY, APRIL 22, 2016 ALIBI AND DENIAL ARE INHERENTLY WEAK DEFENSES AND MUST BE BRUSHED ASIDE WHEN THE PROSECUTION HAS SUFFICIENTLY AND POSITIVELY ASCERTAINED THE IDENTITY OF THE ACCUSED: IT IS ALSO AXIOMATIC THAT POSITIVE TESTIMONY PREVAILS OVER NEGATIVE TESTIMONY. Further, it has been held that for the defense of alibi to prosper, the accused must prove the following: (i) that he was present at another place at the time of the perpetration of the crime; and (ii) that it was physically impossible for him to be at the scene of the crime during its commission. PHYSICAL IMPOSSIBILITY involves the distance and the facility of access between the crime scene and the location of the accused when the crime was committed; the accused must demonstrate that he was so far away and could not have been physically present at the crime scene and its immediate vicinity when the crime was committed._ (PEOPLE VS. EX-MAYOR ESTONILO, SR., ).__
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_https://www.facebook.com/Villasis-Law-Center-784695934976279/?ref=aymt_homepage_panel_ Posted by Christian G. Villasis at 5:42 PM0 comments
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THURSDAY, APRIL 21, 2016 PART OF RES GESTATE: AS A GENERAL RULE, “ WITNESS CAN TESTIFY ONLY TO THE FACTS HE KNOWS OF HIS PERSONAL KNOWLEDGE; THAT IS, WHICH ARE DERIVED FROM HIS OWN PERCEPTION.” x x x x x All other kinds of testimony are hearsay and are inadmissible as evidence. The Rules of Court, however, provide several exceptions to the general rule, and one of which is when the evidence is part of res gestae. The term RES GESTAE has been defined as “those circumstances which are the undesigned incidents of a particular litigated act and which are admissible when illustrative of such act.” In a general way, res gestae refers to the circumstances, facts, and declarations that grow out of the main fact and serve to illustrate its character and are so spontaneous and contemporaneous with the main fact as to exclude the idea of deliberation and fabrication. The rule on res gestae ENCOMPASSES the exclamations and statements made by either the participants, victims, or spectators to a crime immediately before, during, or immediately after the commission of the crime when the circumstances are such that the statements were made as a spontaneous reaction or utterance inspired by the excitement of the occasion and there was no opportunity for the declarant to deliberate and to fabricate a false statement. The TEST of admissibility of evidence as a part of the res gestae is, therefore, whether the act, declaration, or exclamation is so intimately interwoven or connected with the principal fact or event that it characterizes as to be regarded as a part of the transaction itself, and also whether it clearly negatives any premeditation or purpose to manufacture testimony. _(PEOPLE VS. FELICIANO, JR.)._
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_https://www.facebook.com/Villasis-Law-Center-784695934976279/?ref=aymt_homepage_panel_ Posted by Christian G. Villasis at 5:40 PM0 comments
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WEDNESDAY, APRIL 20, 2016 TWO-FOLD TASK OF THE PROSECUTION: In every criminal case, the task of the prosecution is always two-fold, that is, (1) to prove beyond reasonable doubt the commission of the crime charged; and (2) to establish with the same quantum of proof the identity of the person or persons responsible therefor, because, even if the commission of the crime is a given, there can be no conviction without the identity of the malefactor being likewise clearly ascertained. _(__PEOPLE VS. YAU__
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_https://www.facebook.com/Villasis-Law-Center-784695934976279/?ref=aymt_homepage_panel_ Posted by Christian G. Villasis at 9:37 AM0 comments
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TUESDAY, APRIL 19, 2016 ADVANCE DISTRIBUTION OF THE ESTATE: ALTHOUGH IT IS WITHIN THE DISCRETION OF THE COURT WHETHER OR NOT TO PERMIT THE ADVANCE DISTRIBUTION OF THE ESTATE, ITS EXERCISE OF SUCH DISCRETION SHOULD BE QUALIFIED BY THE FOLLOWING: only part of the estate that is not affected by any pending controversy or appeal may be the subject of advance distribution (Section 2, Rule 109); and the distributees must post a bond, fixed by the court, conditioned for the payment of outstanding obligations of the estate (second paragraph of Section 1, Rule 90). _(Peña vs. LCN ConstructionCorp., )._
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_https://www.facebook.com/Villasis-Law-Center-784695934976279/_ Posted by Christian G. Villasis at 9:43 AM0 comments
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* Christian G. VillasisAtty. Christian
"Kit" Villasis is a professor and BAR Reviewer on Remedial Law of several law Schools and Review Centers, i.e., UP, MLQU, New Era University, UM, National Bar Review Center, Magnificus Juris, Powerhaus Bar Review, CPRS Bar Review, UPLC, UM Bar Review, MLQU Bar Review, NEw Era Bar Review, etc. Prof. Villasis is also a lecturer in the Mandatory Continuing Legal Education (MCLE) Seminar for lawyers. Aside from being a litigation (civil and criminal) lawyer, Prof. Villasis has a diversified general law practice. He handles all aspects of corporate, commercial business and banking transactions, protection and enforcement of intellectual property rights, collection, admiralty and maritime practice, labor-management relations, election, administrative and local government cases, family cases, real estate transactions, land titles, deeds and conveyances, foreclosure of mortgages, taxation, regulatory compliance, etc. View my complete profileFOLLOWERS
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