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: Rules of Court Philippines
Unpaid Debt: Venue to File Case
A, a resident of San Pedro, Laguna, borrowed money from B, a resident of Binan, Laguna. In case A fails to pay, where should B commence the action? Explain Answer: B may commence the action against A either in the proper courts of San Pedro, Laguna or Binan. This is so because the venue of… Continue reading Unpaid Debt: Venue to File Case
Rule on Venue of Actions in RTC and MTC
State the uniform rule on venue of actions in the Regional Trial Court (RTC Philippines) and the Municipal Trial Court (MTC Philippines). Answer: All other actions may be commenced and tried where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the… Continue reading Rule on Venue of Actions in RTC and MTC
Legal Definition of Defendant
What does the term defendant refer to? Answer: The term defendant may refer to the original defending party, the defendant in a counter-claim, the cross-defendant or the third (fourth, etc.) party defendant. (Section 1, Rule 3 of Rules of Court Philippines)
Meaning of Legal Term Plaintiff
What does the term plaintiff refer to? The term plaintiff may refer to the claiming party, the counter-claimant, the cross-claimant or the third (fourth, etc.) party plaintiff. (Section 1, Rule 3 of Rules of Court Philippines)
New Trial for Newly Discovered Evidence
Under what conditions may a motion for new trial on the ground of newly discovered evidence be filed and sustained? Answer: The newly discovered evidence 1) Must not have been discovered prior to the trial in the lower court by the exercise of due diligence; 2) Must be of such character as would probably change… Continue reading New Trial for Newly Discovered Evidence
Ground a Party May File a Motion for New Trial
On what ground may a party file a motion for new trial? Answer: It may be on the ground of newly discovered evidence which could not have been discovered prior to the trial in the lower court by the exercise of due diligence and which is of such character as would probably change the result.… Continue reading Ground a Party May File a Motion for New Trial