Daily Serving of Legal Matters

In the criminal cases I handled, most of them were dismissed provisionally.  Provisional in the sense that such dismissal is not permanent yet. When a case is dismissed provisionally, the private complainant has the right to refile the same case again against the accused without violating the double jeopardy right of the accused. In cases falling within the jurisdiction of a Municipal Trial Court, the private complainant has the right to refile the same case within one (1) year from the date of the order of the dismissal.  In the Regional Trial Court cases, the private complainant has the right to refile within a period of two (2) years. If the private complainant does not refile the case within the period mentioned above, the dismissal shall become permanent. If the dismissal is already permanent, refiling can no longer be made because it would violate the double jeopardy right of the accused. Be it noted that any provisional dismissal shall have an explicit consent of the a...

These past few days, I busied myself in front of my computer, laptop or even in my ipad.  Not because I was hooked lately to clumsy-flappy bird, but blame it to my caseload.  At least I have something to blame on.  I have actually 3 criminal cases due for submission of their demurrers to evidence. As a defense lawyer, preparing demurrer to evidence is one of the tedious and time-consuming parts of litigation.  You need to scavenge voluminous files of the case inorder to present a meritorious demurrer to evidence.  Because once the demurrer is impressed with merits, it will dismiss the case.