Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
35Activity
0 of .
Results for:
No results containing your search query
P. 1
Constitutional Law Case Digest Matrix Set 3

Constitutional Law Case Digest Matrix Set 3

Ratings: (0)|Views: 1,042|Likes:
Published by Stef Macapagal
constitutional law 2 digests on: due process of law
constitutional law 2 digests on: due process of law

More info:

Published by: Stef Macapagal on Jul 21, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOC, PDF, TXT or read online from Scribd
See more
See less

06/28/2013

pdf

text

original

 
Constitutional Law Case Digest Matrix Set 3  Stef Macapagal
 
3
 
Subsequently, Parada wasconvicted and the decision was promulgated despite his absence.On appeal, the CA reversed theRTC decision, declaring it to benull and void for not affordingParada the right to rebut the prosecution¶s evidence againsthim, and to adduce evidence inhis own favor.Parada then filed a complaint for Judge Veneracion¶s dismissal for  being ignorant of the law,leading to Parada¶s convictionand premature incarceration. TheOffice of the CourtAdministrator found that JudgeVeneracion did indeed denyParada due process.conviction are tainted with thevice of nullity, for evidentlyParada was denied due processof law.People v. de GuzmanGR No. 134844-4517 January 2001
 M 
elo, J.
 Ricardo de Guzman was accusedof having raped 13-year-old
M
arlyn Perlas, the daughter of his live-in partner. He was thensentenced to suffer 2 death penalties.In the automatic review, deGuzman stressed that he couldnot have been sentenced to 2death penalties when theinformation did not allege that hewas the common-law spouse of the victim¶s mother.W/N de Guzman should be madeto suffer the death penalty. NO. The factual recitals in thetwo Informations as to how thecrime of rape was committed inthe case at bar, failed tospecifically allege the qualifyingcircumstances which wouldelevate rape to a heinous crime,warranting the imposition of thedeath penalty. It would be adenial of the right of the accusedto be informed of the chargesagainst him and, consequently, adenial of due process, if he ischarged with simple rape and beconvicted of its qualified form punishable with death, althoughthe attendant circumstancequalifying the offense andresulting in capital punishmentwas not alleged in the indictmenton which he was arraigned.It has long been the rule thatqualifying circumstances must be properly pleaded in theindictment. If the same are not pleaded but proved, they shall beconsidered only as aggravatingcircumstances, since the latter admit of proof even if not pleaded.The death penalty may beimposed only if the informationfor rape has alleged and theevidence has proven both the ageof the victim and her relationshipto the offender.People v. Hon. Laguio Lawrence Wang was accused of W/N an appeal by the People YES. Although a judgment of The right to appeal is neither a

Activity (35)

You've already reviewed this. Edit your review.
1 hundred reads
1 thousand reads
Odette Cernal liked this
anajuanito liked this
anajuanito liked this
Jasmin Alapag liked this
Emma Basilla liked this

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->