The rule is that the filing of the complaint with the prosecutor’s office for investigation already interrupts the running of the prescriptive period for an offense. This is based on Article 91 of the Revised Penal Code as read together with Section 1, Rule 110 of the Rules of Criminal Procedure. Section 1 of Rule…
A purchaser of registered land taking a certificate of title for value and in good faith shall hold the same free from all encumbrances except those noted in said certificate (Sec. 44, Property Registration Decree). In other words, a prospective buyer needs to examine only the four corners of the certificate of title as he…
The rules governing an appeal from a judgment or final order of the Sandiganbayan are found in Section 7 of P.D. No. 1606, Rule XI of the 2018 Revised Internal Rules of the Sandiganbayan (RIRS), and the Rules of Court. Civil Cases An appeal from a judgment or final order of the Sandiganbayan in a…
Before we answer the question, it is best to clarify from the get-go the meaning of the legal terms “immediately executory” and “immediately final and executory” or “final and executory.” A judgment which is “immediately executory” is enforceable after rendition and shall not be stayed by an appeal (Section 4, Rule 39, Rules of Court).…
Section 34, Rule 130 of the Rules of Evidence provides that a confession, that is, “[t]he declaration of an accused acknowledging his or her guilt of the offense charged, or of any offense necessarily included therein, may be given in evidence against him or her.” Section 34 does not refer to a judicial confession but…
Under Section 40, Rule 130 of the Rules of Evidence, the declaration made by a person deceased or unable to testify against the interest of the declarant, if the fact asserted in the declaration was at the time it was made so far contrary to the declarant’s own interest that a reasonable person in his…
In a judgment acquitting an accused, may civil liability arising from a source other than crime be adjudged against him? This question was tackled by the Supreme Court en banc in the case of Llonillo v. People, G.R. No. 246787, 30 January 2024. In Llonillo, the petitioners spouses were charged with the crime of other…
In a motion for the issuance of a writ of execution, should notice be given to the adverse party? Execution as a matter of right Section 1, Rule 39 of the Rules of Court, which refers to execution of a final and executory judgment, reads as follows: “Section 1. Execution upon judgments or final orders.…
Prior to the leading case of Ginebra San Miguel Inc. v. Tanduay Distillers Inc., Philippine case law as well as judicial and administrative practice had not been particularly receptive to survey evidence. The evidence was characterized as self-serving, unreliable, and misleading. A key objection was that survey evidence was hearsay because it contained the out-of-court…
Chances are a bar examinee will be asked a question dealing with or related to the hearsay rule. The hearsay rule is an incredibly complex legal rule. I do not expect a bar examinee to be tested on the nuances of the rule, but an examiner would be likely to test a bar examinee’s knowledge…