This case has been cited 4 times or more.
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2013-07-15 |
BERSAMIN, J. |
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| It is well settled that a civil action based on defamation, fraud and physical injuries may be independently instituted pursuant to Article 33 of the Civil Code, and does not operate as a prejudicial question that will justify the suspension of a criminal case.[23] This was precisely the Court's thrust in G.R. No. 148193, thus: Moreover, neither is there a prejudicial question if the civil and the criminal action can, according to law, proceed independently of each other. Under Rule 111, Section 3 of the Revised Rules on Criminal Procedure, in the cases provided in Articles 32, 33, 34 and 2176 of the Civil Code, the independent civil action may be brought by the offended party. It shall proceed independently of the criminal action and shall require only a preponderance of evidence. In no case, however, may the offended party recover damages twice for the same act or omission charged in the criminal action. | |||||
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2011-01-31 |
BRION, J. |
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| In Samson v. Daway,[10] the Court explained that while the pendency of a petition for review is a ground for suspension of the arraignment, the aforecited provision limits the deferment of the arraignment to a period of 60 days reckoned from the filing of the petition with the reviewing office. It follows, therefore, that after the expiration of said period, the trial court is bound to arraign the accused or to deny the motion to defer arraignment. | |||||
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2010-05-05 |
DEL CASTILLO, J. |
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| In contrast, petitioner failed to establish by sufficient and competent evidence that the present charge happened in Dubai. It may be well to recall that while in Dubai, petitioner, even in a situation between life and death, firmly denied possession and ownership of the firearms. Furthermore, there is no record of any criminal case having been filed against petitioner in Dubai in connection with the discovered firearms. Since there is no pending criminal case when he left Dubai, it stands to reason that there was no crime committed in Dubai. The age-old but familiar rule that he who alleges must prove his allegation applies.[31] | |||||
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2007-06-26 |
CHICO-NAZARIO, J. |
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| In the case at bar, we, like the RTC and the Court of Appeals, are convinced that the venue was properly laid in the RTC of Cavite City. The complainant had sufficiently shown that the transaction covered by Criminal Case No. 136-84 took place in his ancestral home in Cavite City when he was on approved leave of absence[17] from the Bureau of Customs. Since it has been shown that venue was properly laid, it is now petitioner's task to prove otherwise, for it is his claim that the transaction involved was entered into in Manila. The age-old but familiar rule that he who alleges must prove his allegations applies.[18] | |||||