FAQ’s on Remedial Law
May facts outside the information be introduced in a motion to quash?
It is clear from Section 2 of Rule 117, Rules of Court, that a motion to quash may be based on factual and legal grounds, and since extinction of criminal liability and double jeopardy are retained among the grounds for a motion to quash in Section 3 of the new Rule 117, it necessarily follows that facts outside the information itself may be introduced to prove such grounds.
What are the different classes of evidence?
The lack or absence of proof beyond reasonable doubt does not mean an absence of any evidence whatsoever for there is another class of evidence which, though insufficient to establish guilt beyond reasonable doubt, is adequate in civil cases; this is preponderance of evidence. Then too, there is the “substantial evidence” rule in administrative proceedings which merely requires such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
When is certiorari proper?
Certiorari may be issued only where it is clearly shown that there is patent and gross abuse of discretion as to amount to an evasion of positive duty or to virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law, as where the power is exercised in an aribitrary and despotic manner by reason of passion or personal hostility.
What are the requisites of litis pendentia to constitute an abatement or dismissal of an action?
In order to constitute a ground for the abatement or dismissal of an action, litis pendentia must exhibit the concurrnece of the following requisites: (a) identity of parties, or at least such as representing the same interest in both actions; (b) identity of rights asserted and relief prayed for, the relief being founded on the same facts; and (c) identity in the two cases should be such that the judgment that may be rendered in the pending case would, regardless of which party is successful, amount to res judicata in the other.
Is contempt subject to a separate action?
The contention that a party’s complaint for contempt must be the subject of a separate action would nullifycontempt proceedings as means of securing obedience to the lawful processes of a court-this theory would reward ingenuity and cunning in revising orders which substantially are the same as the order previously prohibited by the court.
Who should be impleaded in an action for recovery of ill-gotten wealth?
All persons whether natural or juridical, who stand to lose in favor of the government under a judgment in such actions for recovery of so-called illegally acquired wealth should be impleaded as defendants to afford them an opportunity to be heard and to defend themselves in the action.
When is it necessary to file a separate and distinct action for recovery of ownership or possession of property?
The “proper action”, the object of which is for the recovery of ownership or possession of the property seized by the sheriff, is and should be an entirely separate and distinct action from that in which execution has issued, if instituted by a stranger to the latter suit.
What is an action?
An action is a formal demand of one’s legal rights in a court of justice in the manner prescribed by the court or by the law. The determinative or operative fact which converts a claim into an “action or suit” is the filing of the same with a “court of justice”. Filed elsewhere, as with some other body or office not a court of justice, the claim may not be categorized under either term.
When is an agreement regarding venue of suits restrictive? When is it permissive?
The agreement is restrictive in the sense that the suit may be filed only in the place agreed upon by theparties and merely permissive in that the parties may file their suits not only in the place agreed upon but also in the places fixed by the rules.
What is the duty of the court when a pleading fails to comply with procedural imperatives?
It is a settled rule that a tribunal may at any time take judicial notice of the records of a case pending before it, and satisfy itself that copies of the pleadings filed by the parties are in the numbers required by its rules. The failure of a pleading to comply with such procedural imperative set by the court, leaves the latter the discretion either to reject that pleading or order completion of the number of copies thereof. Where, however, the party whose pleading has been shunted aside offers to show that it has fully complied with the requirements of the rules and that the records kept by the tribunal contain inaccurate entries, the latter body should pause and listen, and give that party a day in court.
What is the nature of judicial bonds?
Judicial bonds are contractual in nature. They constitute a special class of contracts of guaranty since they are given by virtue of judicial order. Even if the appeal bond is defective, a situation not true in the present case, as long as it is not void and given in good faith and not for the purpose of delay, the trial Court may order its amendment. The appeal should not be dismissed without giving the appellant an opportunity to perfect the bond or to file a new bond.
What are the procedural due process requirements in diclipinary cases of students?
The imposition of disciplinary sanctions requires observance of procedural due process. And it bears stressing that due process in disciplinary cases involving students does not entail proceedings and hearings similar to those prescribed for actions and proceedings in courts of justice. The proceedings in student discipline cases may be summary; and cross-examination is not, an essential part thereof. There are withal minimum standards which must be met to satisfy the demands of procedural due process; and these are, that (1) the students must be informed in writing of the nature and cause of any accusation against them; (2) they shall have the right to answer the charges against them, with the assistance of counsel, if desired; (3) they shall be informed of the evidence against them; (4) they shall have the right to adduce evidence in their own behalf; and (5) the evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case.
What is the quantum of evidence required in preliminary investigations?
The quantum of evidence now required in preliminary investigation is such evidence sufficient to “engender a well founded belief” as to the fact of the commission of a crime and the respondent’s probable guilt thereof. A preliminary investigation is not the occasion for the full and exhaustive display of the parties’ evidence; it is for the presentation of such evidence only as may engender a well grounded belief that an offense has been committed and that the accused is probably guilty thereof.
What is the responsibility of a government prosecutor in a criminal case?
It is axiomatic that the prosecution of a criminal case is the responsibility of the government prosecutor and must always be under his control. This is true even if a private prosecutor is allowed to assist him and actually handles the examination of the witnesses and the introduction of other evidence. The witnesses, even if they are the complaining witnesses cannot act for the prosecutor in the handling of the case. They have no personality to move for its dismissal or revival as they are not even parties thereto nor do they represent the parties to the action. Their only function is to testify. In a criminal prosecution, the plaintiff is represented by the government prosecutor, or one acting under his authority, and by no one else.
What are the exceptions to the rule that certiorari will not lie unless a motion for reconsideration is first filed?
The rule is that certiorari as a special civil action will not lie unless a motion for reconsideration is filed before the respondent tribunal to allow it an opportunity to correct its imputed errors. There are exceptions to the rule, these are: (1) when the issue raised is purely one of law; (2) where public interest is involved; (3) in cases of emergency; or (4) where special circumstances warrant immediate or more direct action.