Daily Serving of Legal Matters

Image taken from www.illustrationsof.com I was appointed as counsel de oficio to represent an accused who was imprisoned since March 2014. Counsel de oficio is the attorney appointed by the court to an indigent criminal defendant  ( http://definitions.uslegal.com/c/counsel-de-officio/ ).  His case is still on its arraignment stage.      Arraignment is when the information or the complaint is read in the language or dialect known to the accused and then he would be asked whether he pleads guilty or not guilty. Image taken from www.dreamstime.com When I browsed the record of the case, the penalty that would be imposed is only prision mayor or imprisonment of 30 days and 1 day to 6 months.  So, the accused has already served the maximum penalty should he may be found guilty to the crime charged. In fact, his imprisonment is already beyond what is required by law. As stated section 16 of Rule 114 of Revised Rules of Criminal Procedure,...

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 ...

A photo of Vhong Navarro, Cedric Lee and Deniece Cornejo taken from google.com. Another twist in the real legal drama of Vhong Navarro-Cedric Lee-Deniece Cornejo teleserye has unfurled on Monday, September 15, 2014.  Accused Cedric Lee, Deniece Cornejo and Simeon Raz, Jr. were allowed to post bail in the amount of Five Hundred Thousand (P500,000.00) for each of them in the decision handed by Taguig Regional Trial Court on the petition to fix bail filed by the accused in a Serious Illegal Detention case filed by Actor-It's Showtime Host Vhong Navarro. Said decision brought shock to Navarro's camp and as well as to most netizens following the case.  In contrast, it was a heaven-sent decision on the part of the accused. Although, the criminal case faced by the accused is a serious illegal detention and this case is a non-bailable offense considering that it is a capital offense. A capital offense is one on which, under the law existing at the time of its commis...

Credit goes to google.com for this image. It is not uncommon to us that most of the criminal cases filed in courts, before they reached a full-blown trial stage, they were settled by the parties. As a consequence, those cases were dismissed. Is this really the case?  Criminal Cases, can they be settled? It is not.  They cannot be settled. A criminal case, when filed in court, it is not the victim who would stand as the complainant against the offender or the accused.  It is the people for that matter, for instance People of the Philippines, that files the case in court.  The victim, on the other hand, would only serve as a complaining witness/es to prove the allegation. In short, it is the State which files any criminal case.  Because of this, a criminal case filed in court is deemed not for settlement.  The State cannot just enter into compromise between the accused criminal without jeopardizing the welfare of its citizenry. ...

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...