SIMTIM LAW

Monday, May 25, 2009

INTEGRATED BAR OF THE PHILIPPINES - SOUTH COTABATO & GENERAL SANTOS CITY CHAPTER BOARD OF OFFICERS 2009-2011

(from left to right)
ATTYS. EMILIO, TANDOG, ALBANO, ALABA, OPERIANO, ALBANO, SALIGUMBA, ACADEMIA, BAYAN, CACERES, MIGUEL AND YOURS TRULY.

Atty. Operiano is the present president of the chapter, while Atty. Elvie Albano is the Vice- President.

The Chapter Secretary is Atty. Tandog, while the Treasurer is Atty. Alaba. Atty. Bayan and I are the Auditor and the P.R.O., respectively. Atty. Miguel is the immediate Past President and Ex-Officio Director.

The rest of the gang are the Directors.

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.

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]