It has been held that an information which does not allege the date of the commission of the offense or alleges a date which is so indefinite as if no date has been alleged, as to prejudice the defense and deprive the accused of the opportunity to defend himself, does not conform to the subscribed… Continue reading U.S. vs Dichao
Tag: Bar Review Philippines
Rebuttal Evidence
The State has the right to present rebuttal evidence. (Pana vs Judge Buyser, G.R. No. 130144, G.R. Nos. 130502-03, May 24, 2001). In this case, appellants assail the admission of the testimony of Pomoy, Jr. as rebuttal witness on the ground that the prosecution had already rested its case. The Supreme Court held that this… Continue reading Rebuttal Evidence
Defendant is Non-Resident
Suppose the defendant A is a non-resident, where should the action against him to be commenced? Answer: It may be commenced at the place where such defendant may be found. (Section 2, Rule 4 of Rules of Court). Note that the rule on venue where defendant may be found applies only to non-residents. (Cohen vs… Continue reading Defendant is Non-Resident