Part 5 Flashcards
What is the nature of proceeding in land registration?
a suit in rem
In a land registration proceeding, is it necessary to give personal notice to the owners or claimants of the land or lands sought to be registered?
No.
What is the effect of personal notice?
To give the courts jurisdiction or authority to pass upon the questions arising arising from the action whereby said right is exercised.
Does a person need to be expressly mentioned as one of those who have an interest in the land questioned to join as a party to the case in rem?
No. He may consider himself included in the last phrase: “All the world” or “all whom it may concern.”
Institution of criminal actions
a. PI is required - file the complaint with the proper officer for the purpose of conducting the requisite PI
b. others - file the complaint or information directly with the MTC and McTC or the complaint with the office of the prosecutor
c. in Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise provided in their charters
What is preliminary investigation?
It is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.
When is a preliminary investigation required?
It is required to be conducted before the filing of a complaint or information for an offense where the penalty prescribed by law is at least 4 years, 2 months, and 1 day without regard to the fine.
Officers authorized to conduct preliminary investigation
a. Provincial or city prosecutors and their assistants
b. National and Regional State Prosecutors
c. Other officers as may be authorized by law
*their authority to conduct PI shall include all crimes cognizable by the proper court in their respective territorial jurisdictions
General rule in the institution of criminal actions
Done in Manila? File complaint with the Office of the prosecutor
Done outside Manila? May preliminary investigation? Go same.
Done outside Manila? Wala preliminary investigation? File a complaint with the Municipal Trial Court of Municipal Circuit Trial Court
What is a complaint?
A sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated.
A complaint is simply a statement of the essential facts of the offense to be charged, made under oath by a law enforcement official. The purpose of the complaint is to establish probable cause, which will allow an arrest warrant to issue.
What is an information?
An accusation in writing charging a person with an offense. It is subscribed by the prosecutor and filed with the court.
Like an indictment, an information is a formal charging document that describes the criminal charges against a person and the factual basis for those charges. Unlike an indictment, however, an information does not require a grand jury’s vote. Instead, the information is presented to a judicial officer, usually a magistrate judge, who examines the information and decides whether there is probable cause that a crime occurred.
Sufficiency of complaint or information
Name of the accused
Designation of offense given by statute
Acts or omissions complained of as constituting the offense
Name of offended party
Approximate date of the commission of the offense
Place where offense was committed
Requirements of a complaint and information
- in writing
- in the name of the People of the Philippines
- against all persons who appear to be responsible for the offense involved
