This case has been cited 4 times or more.
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2010-11-17 |
LEONARDO-DE CASTRO, J. |
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| And legal jeopardy attaches only: (a) upon a valid indictment; (b) before a competent court; (c) after arraignment; (d) [when] a valid plea [has] been entered; and (e) the case was dismissed or otherwise terminated without the express consent of the accused.[27] | |||||
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2009-04-22 |
BRION, J. |
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| A first notable feature of Section 8, Rule 117 is that it does not exactly state what a provisional dismissal is. The modifier "provisional" directly suggests that the dismissals which Section 8 essentially refers to are those that are temporary in character (i.e., to dismissals that are without prejudice to the re-filing of the case), and not the dismissals that are permanent (i.e., those that bar the re-filing of the case). Based on the law, rules, and jurisprudence, permanent dismissals are those barred by the principle of double jeopardy,[22] by the previous extinction of criminal liability,[23] by the rule on speedy trial,[24] and the dismissals after plea without the express consent of the accused.[25] Section 8, by its own terms, cannot cover these dismissals because they are not provisional. | |||||
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2009-02-26 |
CARPIO, J. |
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| An arraignment is that stage where in the mode and manner required by the rules, an accused, for the first time, is granted the opportunity to know the precise charge that confronts him.[11] The accused is formally informed of the charges against him, to which he enters a plea of guilty or not guilty. As an indispensable requirement of due process, an arraignment cannot be regarded lightly or brushed aside peremptorily.[12] | |||||
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2001-05-28 |
PARDO, J. |
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| On January 30, 1986, SLC filed with the Regional Trial Court, Pasay City a complaint against WSSI for "rescission of contract with damages and replevin."[11] SLC alleged that: First, even after repeated demands, WSSI defaulted on its commitment to deliver the vessel to SLC after the stipulated period. Second, WSSI violated the terms and conditions of the "contract of services," with respect to the scope of work to be accomplished and the quality thereof. Third, the vessel has been in the continued possession of WSSI and has suffered deterioration due to exposure to the elements; and Fourth, due to the delay or demurrage incurred by WSSI, SLC has suffered unrealized profits the non-operation of the vessel at the minimum rate of four hundred thousand pesos (P400,000.00) a month.[12] | |||||