Tuesday, May 26, 2015

THE VALIDITY OF THE ISSUANCE OF A SEARCH WARRANT RESTS UPON THE FOLLOWING FACTORS:

  (1)      it must be issued upon probable cause;

          (2)      the probable cause must be determined by the judge himself and not by the applicant or any other person;

             (3)      in the determination of probable cause, the judge must examine, under oath or affirmation, the complainant and such witnesses as the latter may produce; and

          (4)      the warrant issued must particularly describe the place to be searched and persons and things to be seized.

Monday, May 25, 2015

RESTRAINING A CRIMINAL PROSECUTION:

        It is an established doctrine that injunction will not lie to enjoin a criminal prosecution because public interest requires that criminal acts be immediately investigated and prosecuted for the protection of society. However, it is also true that various decisions of this Court have laid down exceptions to this rule, among which are:
a. To afford adequate protection to the constitutional rights of the accused;
b. When necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions;
c. When there is a pre-judicial question which is sub[-]judice;
d. When the acts of the officer are without or in excess of authority;
e. Where the prosecution is under an invalid law, ordinance or regulation
f. When double jeopardy is clearly apparent;
g. Where the court has no jurisdiction over the offense;
h. Where there is a case of persecution rather than prosecution;
i. Where the charges are manifestly false and motivated by the lust for vengeance;
j. When there is clearly no prima facie case against the accused and a motion to quash on that ground has been denied; and
[k.] Preliminary injunction has been issued by the Supreme Court to prevent the threatened unlawful arrest of petitioners.

Thursday, May 21, 2015

1. GROUNDS FOR THE GRANTING OF SUPPORT PENDENTE LITE:

  a.       The necessities of the applicant;
              b.       The resources or means of the adverse party; and
              c.       The terms of payment or mode for providing the support
         d.       If denied, the principal case shall be tried and decided as early as possible (Section 4, Rule 61).



Wednesday, May 20, 2015

ADDITIONAL VENUE IN THE APPLICATION FOR SEARCH WARRANT:

   In case of search warrants involving heinous crimes, illegal gambling, illegal possession of firearms and ammunitions as well as violations of the Comprehensive Dangerous Drugs Act of 2002, the Intellectual Property Code, the Anti- Money Laundering Act of 2001, the Tariff and Customs Code, the Executive Judges and, whenever they are on official leave of absence or are not physically present in the station, the Vice-Executive Judges of the RTC of Manila and Quezon City shall have authority to act on applications filed by the NBI, PNP and the Anti-Crime Task Force (ACTAF), Presidential Anti-Organized Crime Task Force (PAOC-TF), and the Reaction Against Crime Task Force (REACT-TF).

Tuesday, May 19, 2015

DEPOSITION:

     there is really nothing objectionable, per se, with A PARTY availing of THE MODES OF DISCOVERY after OPPOSING PARTY has rested his case and prior to THE FORMER’S PRESENTATION of evidence. TO SET THE RECORDS STRAIGHT, depositions may be taken at any time after the institution of any action, whenever necessary or convenient.