sic itur ad astra

                                     Rule 120: Judgment, Acquittal | Criminal Procedure Facts: George Manantan was charged with reckless imprudence resulting in homicide for a car accident that caused the death of Ruben Nicolas. The prosecution's evidence showed that Manantan, along with Ruben Nicolas and others, had been drinking beer throughout the day before the accident. The defense claimed that the accident was caused by a passenger jeepney that swerved into their lane.   Manantan was initially acquitted by the trial court of homicide through reckless imprudence without a ruling on his civil liability. On appeal from the civil aspect of the judgment, the Court of Appeals found Manantan civilly liable and ordered him to indemnify the parents of the deceased. Issue: WoN the court a quo err in finding that petitioner's acquittal did not extinguish his civil liability.  ( ...

                                     Rule 120: Judgment, Judges | Criminal Procedure Facts: Luis D. Montero, Alfredo Y. Perez , and Alejandro C. Rivera , were found guilty of violating Section 3 (e) of Republic Act No. 3019, also known as the Anti-Graft and Corrupt Practices Act. A Memorandum of Agreement (MOA) was entered into by the Department of Health (DOH), the Department of Public Works and Highways, Department of Interior and Local Government, and the Development Coordinating Council for Leyte and Samar, for the construction of riverine boats to be used as floating clinics for the delivery of health care services to the remote barangays in Samar and Leyte. The DOH entered into a negotiated contract with PAL Boat Industry for the construction of seven clinics amounting to P 700,000.  An anonymous complaint of a concerned citizen alleged that the boats were left unused...

                                    Rule 120: Judgment, Judges | Criminal Procedure Facts: In October 1980, ABC Davao Auto Suppl y filed a complaint for a sum of money, attorney's fees, and damages before the Court of First Instance (now Regional Trial Court) of Davao City. The case went through several judges due to reorganization in the judiciary. The pre-trial was conducted by Judge Pacita Canizares-Nye and later by Judges Alejandro Siazon and Cristeto Dinopol .  Judge Renato Fuentes heard the evidence for petitioner and private respondent, during the trial on November 20, 1984,  Judge Roque  Agton assumed office on August 1, 1985, and heard the cross-examination and presentation of rebuttal evidence. Judge Romeo  Marasigan assumed office on February 3, 1987, and was assigned to Branch XVI. He  acted on private respondent’s motion for extension of tim...

  SEC. 21. No ex post facto law or bill of attainder shall be enacted. Meaning of ex post facto law. (CAPE-SCP) An ex post facto law is one which, operating retrospectively: 1) makes an act done before the passage of a law, innocent  when done, criminal, and punishes such act; or (2) aggravates a crime or makes it greater than when it was committed; or (3) changes the punishment and inflicts a greater punishment than what the law annexed to the crime when committed; or (4) alters the legal rules of evidence , and receives less testimony than or different testimony from what the law required at the time of the commission of the offense, in order to convict the offender; or (5) which in relation to the offense or its consequences, alters the situation of a person to his disadvantage ; or (6) assuming to regulate civil rights and remedies only, in effect, imposes penalty or deprivation of a right for something which when done was lawful; or (7) deprives a person accused o...

SEC. 21. No person shall be twice put in jeopardy of  punishment for the same offense.  If an act is punished by  a law and an ordinance, conviction or acquittal under either  shall constitute a bar to another prosecution for the  same act. Right against double jeopardy. The right against double jeopardy means that when a person is charged with an offense and the case is terminated either by acquittal or conviction or in any other manner without the express consent of the accused , the latter cannot again be charged with the same or identical offense. Double jeopardy provides three (3) related protections:  (1) against a second prosecution  for the same offense after acquittal;  (2) against a  second prosecution  for the same offense after conviction; and  (3) against  multiple punishments for the same offense. Purpose and basis of the right. (1) The guarantee has a strict application to criminal prosecution only. It pro...

SEC. 20.  No person shall be imprisoned for debt or  non-payment of a poll tax. Meaning of debt. Debt, as intended to be covered by the constitutional guarantee,  means any liability to pay arising out of a contract, express or  implied. In other words, debt, as used in the Constitution, refers to civil  debt or one not arising from a criminal offense. Purpose of prohibition against  imprisonment for debt. (1) The prohibition was brought about by the force of public  opinion which looked with abhorrence on statutes permitting the  cruel imprisonment of debtors.  The Constitution seeks to prevent  the use of the power of the State to coerce the payment of debts. (2) The control of the creditor over the person of his debtor has  been abolished on humanitarian considerations .  One should not b e punished on account of his poverty.  Moreover, the government  is not a proper party to private disputes .  It is not c...