SIMTIM LAW

Thursday, April 9, 2009

ISLAND GARDEN CITY OF SAMAL

HERE are the pictures of our trip to Samal Island last April 8-9, 2009.

RETREAT or SURRENDER

Here are the photos taken during the Retreat of the HTC Faculty and Staff last April 6-8, 2009 . Just click HERE or the Blog Title or the Photo featured above to view the pictures.

Friday, April 3, 2009

YESTERDAY, I WAS SUPERMAN; TODAY, I STARVE

I could hardly believe that in just one day, I was able to deliver speeches as the graduation guest speaker in two (2) schools in Marbel yesterday, one in the morning and another in the afternoon; hence, i brought home two (2) plaques of appreciation. I had to hurriedly drive back to General Santos City to catch up with the Oathtaking of the newly elected IBP SocGen Chapter Board of Officers - in my less than one year of law practice since admission to the Philippine Bar, I was elected as the Public Relations Officer. It was so premature, I complained...albeit silently. Then, the Big Boss called me up, requesting me to attend to a client, which task I was able to comply with only after the IBP meeting held right after the oathtaking. After talking to the client, I dined as fast as I could, because i was entasked to host the necrological service for a brother in the profession who had already gone to the Great Beyond! My deepest sympathy to the bereaved family of Atty. Hegino Villondo.

This morning, I went back to Marbel for a hearing in a case assigned to me just yesterday. I had to be there as early as possible to have at least an interview with the witness I was scheduled to present. No more excuses... But to my mind, everything went just fine. The only problem was that I was not able to have my breakfast before leaving home such that I broke down so fast inside the courtroom. I asked for a continuance from the court which it did hesitantly grant, perhaps because I forgot to tell the good judge that the court stenographer was the one suggesting to me to beg for such continuance. The lesson: Don't skip meals!

EI! GUYS! TODAY IS THE RELEASE OF THE 2008 BAR EXAMINATION RESULTS!

Congratulations to all Bar Passers! I have just opened the list in the http://www.inquirer.net/. The SC website, sc.judiciary.gov.ph, was a bit late in publishing it. Anyway, I intend to write a special article for this one, so better watch out for it. :)

CRIMINAL PROCEDURE DOCTRINE:

"THE PROSECUTOR MAY CHARGE THE RESPONDENT WITH AN OFFENSE DIFFERENT FROM THE DESIGNATION GIVEN BY THE COMPLAINANT AS LONG AS SUCH OFFENSE CHARGED IN THE INFORMATION IS INCLUDED IN THE ALLEGATIONS CONTAINED IN THE COMPLAINT.

SUCH DESIGNATION BY THE COMPLAINANT OR POLICE OFFICER IS A MERE CONCLUSION OF LAW AND IS NEVER CONCLUSIVE UPON THE PROSECUTOR.

IT DOES NOT MATTER WHETHER OR NOT THE CRIME CHARGED IN THE INFORMATION INCLUDES OR IS INCLUDED IN THE CRIME AS DESIGNATED IN THE COMPLAINT.

ALSO, THERE IS NO NEED FOR ANOTHER PRELIMINARY INVESTIGATION WHICH WOULD ONLY BE AN EXERCISE IN SUPERFLUITY SINCE THE COMPLAINANT WOULD BE PRESENTING THE SAME FACTS AND EVIDENCE ALREADY CONSIDERED BY THE PROSECUTOR.

EVEN IF SO REQUIRED, ABSENCE OF OR IRREGULARITY IN THE CONDUCT OF PRELIMINARY INVESTIGATION DOES NOT RENDER THE INFORMATION VOID. NEITHER DOES IT AFFECT THE JURISDICTION OF THE COURT. IT IS NOT A GROUND FOR A MOTION TO QUASH. THE REMEDY IS TO MOVE FOR THE CONDUCT OF SUCH PRELIMINARY INVESTIGATION OR FOR REINVESTIGATION AS THE CASE MAY BE.

EVEN THEN, THE RIGHT TO PRELIMINARY INVESTIGATION, BEING A MERE STATUTORY RIGHT, MAY BE WAIVED BY THE ACCUSED BY FAILING TO INVOKE THE SAME PRIOR TO HIS ARRAIGNMENT."

- ORQUINAZA vs. PEOPLE [G.R. No. 165596 November 17, 2005]