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...

This photo is taken from google.com. Today is the promulgation of one of the criminal cases I handle. I was not able to sleep well last night because of it.  I really do not have an inkling what that judgment would be.  Would this be favorable or prejudicial to my client?  That would be entirely within the wisdom of the  Honorable Judge to determine the guilt of my client beyond reasonable doubt. According to the Revised Rules of Criminal Procedures, particularly in Section 1 of Rule 120, judgment is defined as the adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil liability, if any.  It must be written in the official language, personally and directly prepared by the judge and signed by him and shall contain clearly and distinctly a statement of the facts and the law upon which it is based. Simply stated, the court shall determine whether the accused i...