Thursday, November 11, 2010

CASE DIGEST ON MADEJA V. CARO

For more case digests visit http://www.pinaylawyer.com

case digest, case digests, supreme court case digests, supreme court case digest, pinaylawyer.com, www.pinaylawyer.com, case digest, case digest of, case digest on, supreme court case digest, supreme court case digests


CASE DIGEST ON MADEJA V. CARO [126 S 295 (1983)] - Where accused was charged with Homicide thru reckless impru-dence, pending the criminal action, an independent civil action under Art. 33 may proceed independ¬ently of the criminal case. Citing Carandang v. Santiago [97 P 94 (1955)], "The term "physical injuries" is used in the generic sence, not the crime of physical injuries defined in the Revised Penal Code. It includes not only physical injuries but consummated, frustrated and attempted homi¬cide." Defamation and fraud are also used in their generic sense because there are no specific provisions in the Revised Penal Code using these terms as means of offenses defined therein.

Art. 35. When a person, claimining to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in this Code or any special law, but the justice of the peace finds no reasonable ground to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complainant may bring a civil action for damages against the alleged offender. Such civil action may be supported by a preponderance of evidence. Upon the defendant's motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious.
If during the pendency of the civil action, an information should be presented by the prosecut¬ing attorney, the civil action shall be suspended until the termination of the criminal proceedings.


Art. 36. Pre-judicial questions, which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by rules of court which the Supreme Court shall promul¬gate and which shall not be in conflict with the provisions of this Code.


Rule 111, Sec. 5. Elements of prejudicial question. - The two (2) essential elements of a prejudicial question are:
(a) the civil action involves an issue similar or intimately related to the issue raised in the criminal action;
(b) the resolution of such issue determines whether or not the criminal action may proceed. (Rules of Court.)

Rule 111, Sec. 6. Suspension by reason of prejudicial question. - A petition for suspension of the criminal action based upon the pendency of a prejudicial question in a civil action may be filed in the office of the fiscal or the court conducting the preliminary investiga¬tion. When the criminal action has been filed in court for trial, the petition to suspend shall be filed in the same criminal action any time before the prosecution rests. (ibid.)

Bigamy - Art. 349, RPC. Contracting of second or subsequent marriage:
a. before legal dissolution of first marriage
b. before declaration of presumptive death of absent spouse.

For more case digests visit http://www.pinaylawyer.com

case digest, case digests, supreme court case digests, supreme court case digest, pinaylawyer.com, www.pinaylawyer.com, case digest, case digest of, case digest on, supreme court case digest, supreme court case digests

No comments:

Post a Comment

Post a Comment