The Rules of Court allow the courts to dismiss a criminal case provisionally if it is with the express consent of the accused and with notice to the offended party. By provisional dismissal, it literally means that the dismissal of the case is merely temporary. Express consent of the accused For the courts to provisionally … Continue reading Provisional dismissal of a criminal case
One of the legal remedies you will find in the Rules of Court is the special civil action for declaratory relief. In particular, it is found in Rule 63 of the Rules and discussed exhaustively in several cases decided by the Supreme Court. Declaratory relief What then is a declaratory relief? In order to have … Continue reading Declaratory Relief
A person accused of a crime or offense also has rights. Among these is the right to be informed of the nature and cause of the accusation against him. In criminal proceedings, one of the stages where this right is carried out is at the time of the arraignment of the accused. The arraignment is … Continue reading On arraignment and plea: What happens when the accused refuses to enter a plea?
The live media coverage of the impeachment trial of Chief Justice Renato C. Corona has given everyone the opportunity to witness the proceedings even without having to go to the Senate acting as an impeachment court. As we watch the trial, we see how the prosecution and the defense team argue and defend, respectively, their cases, … Continue reading What is a subpoena?
Last year, I wrote an article in this blog titled, “Let us all help end violence against children," evidently urging everyone to help end such violence. I wrote it in reaction to the videos I always see on the Internet or on TV, showing parents hurting their children, who, due to their tender age, are … Continue reading How can we help end violence against children?
Whether on the Internet or on TV, I often see videos of parents hurting their children, who are unable to defend themselves due to their tender age. And all they can do, while being physically abused, is to simply cry in pain. Worse, some even end up dying due to the fatal injuries they sustained. … Continue reading Let us all help end violence against children