Daily Serving of Legal Matters

image grabbed from www.rappler.com In the previous posts, the differences between Adultery and Concubinage were discussed. In this post, what will be tackled is how to prosecute the aforementioned crimes.  One shall observe and must follow it, otherwise, his or her case will be doomed. taken from  knowledgeisking.ning.com As stated in Article 344 of the The Revised Penal Code , the prosecution of the crimes of adultery and concubinage shall be: 1.  The crimes of adultery and concubinage shall not be prosecuted except upon complaint filed by the offended spouse. It is clear that only the offended spouse can file the complaint of the crimes of adultery and concubinage.  In the case of adultery, the complaint shall be filed by the offended husband and by the offended wife in the case of concubinage. No other person shall file the complaint.  Not even the parents of the spouses nor the children of the parties. 2.  The offended party canno...

Plea Bargaining.  It is a common scenario in criminal court. The accused may interpose a yes-guilty to a lesser offense which is necessarily included in the offense charged. However, it shall be with the consent of the offended party and the prosecutor.  Otherwise, there would be no plea bargaining. As to what stage the accused may be allowed to have a plea bargaining.  As provided in the Revised Rules of Criminal Procedure, at arraignment, the accused, with the consent of the offended party and the prosecutor, may be allowed by the trial court to plead guilty to a lesser offense which is necessarily included in the offense charged. Further, the same Rules also states that plea bargaining shall also be one of the things considered in the Pre-Trial Conference. In short, a plea bargaining is allowed for as long as the prosecutor has not offered yet any evidence to prove the guilt of the accused beyond reasonable doubt. However, in reality, some of the judges, may allow the ...