legal Free Legal Advice

[gabriel64]

Demurrer to evidence po, it is a remedy attacking the sufficiency and admissibility of evidence, in effect, you will ask the court to dismiss the case because the evidence available or presented at the moment is insufficient to sustain a case. Risky din po yan on the part of the defense( ill explain in the future if youre interested) It would take some time kasi the court will analyze if indeed the evidence is sufficient.  To be availed of lang po if the defense is really sure that the case is very weak because of lack of evidence nga po.  It is being discouraged by the judge and your lawyer kasi dagdag trabaho lang kung walang magandang basis,..refer to my penultimate sentence.

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I agree. Please note that the degree of risk and the procedure to be followed depends on whether your case is criminal or civil - iba kasi 'yung rules.

 

To give you an idea - I once prosecuted an estafa case. After I finished presenting my evidence, the defense filed a demurrer. I submitted my comments to the demurrer. I only had to argue that my evidence was sufficient to establish a prima facie case (i.e. convincing lang ang evidence, hindi kailangan na proof beyond reasonable doubt at this stage).

 

6 months after I filed my comments - the court denied the demurrer. :thumbsupsmiley:

 

It is a risk - but if you have nothing to lose, and you want to delay the case - why not. As long as you are aware of the risks.

 

By the way, in my experience - if the judge is discouraging you - it is possible that he thinks na the evidence is sufficient. So by filing the demurer - which will probably be denied - you will delay the case for 6 months to a year.

[tobleron222]

thanks tobleron, will surely ask again regarding this term

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'welcome, no problem

[kakaiba]

Hello everyone! I just have a question regarding C# programming...I'm trying to create a user control that accepts any type of control (buttons, labels, etc. ) now how can I create a property that will accept the control and initialize a specific private global variable which is of the same type as that which was accepted by the control? For example, if I have a Button type, it should initialize with a = new Button(); thingee...and if  its a Label, it should follow that initializes with the = new Label() thing...well, hopefully someone can understand what I'm trying to say here...I'm much better at describing it physically than mentally... 

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i don't know much about C#, but i think you need to create a class type (sub or function in other terms) that will create the $obLabel = new Label() thingy you like. just don't forget to use the global type varible for C#.

 

sorry if you might not understand what i said.

[Moonwalker]

greetings...

 

nagpapatulong sa akin yung isang friend ko dahil yung driver ng motherboard niya e nawala. so nag search kami sa net. by the way, ito nga pala yung motherboard niya:

 

http://www.sceusa.com/p4xfb.htm

 

 

may nakita akong driver niyan:

 

http://www.jetway.com.tw/evisn/product/p-4/p4xfb/p4xfb.htm

 

pero nung click ko na yung download driver, nag open naman siya ng new window:

 

http://www.jetway.com.tw/evisn/download/driver/index-1.htm

 

san po diyan sa mga list na yan ang compatible para sa motherboard ng friend ko? or kung may iba pa kayong alam na site na puwedeng magdownload ng driver niyan eh pakipost na lang.

 

thanks in advance.

[agentjackbauer]

if you are the accused in a criminal case, why is there a risk in moving for a demurrer when you can ask for leave of court before filing one? risk-free yun di ba?the mere fact that the court grants you leave to file a demurrer is an indication that the case of the prosecution is not that strong, right?

[R@v3n]

greetings...

 

nagpapatulong sa akin yung isang friend ko dahil yung driver ng motherboard niya e nawala.  so nag search kami sa net. by the way, ito nga pala yung motherboard niya:

 

http://www.sceusa.com/p4xfb.htm

may nakita akong driver niyan:

 

http://www.jetway.com.tw/evisn/product/p-4/p4xfb/p4xfb.htm

 

pero nung click ko na yung download driver, nag open naman siya ng new window:

 

http://www.jetway.com.tw/evisn/download/driver/index-1.htm

 

san po diyan sa mga list na yan ang compatible para sa motherboard ng friend ko?  or kung may iba pa kayong alam na site na puwedeng magdownload ng driver niyan eh pakipost na lang. 

 

thanks in advance.

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Since the motherboard's chipset was made by VIA, the generic drivers for VIA mainboards should be compatible with your motherboard. Go to this site and find the VIA 4-in-1 Hyperion driver set and install that on your system. Also, the sound drivers can also be found there. Just find the VIA AC97 drivers for it. :headsetsmiley:

[tobleron222]

Asking for leave of court is just another way of informing the court that you are going to file a demurrer, a permission in short. It is discretionary and granting a motion for leave of court to file a demurrer does not necessarily mean that the evidence for the prosecution is weak. If the court grants motion for leave of court the court is just telling you "Ok I will let you prove to me that the evidence is weak. That is why you have to file the demurrer, it is in the demurrer that you are going to explain and convince the court that the prosecution's case is weak because of insufficiency of evidence.

 

It is a risk because if your demurrer is granted and on appeal by the other party it is reversed, you will loose the right to present your own evidence,.. too bad. However, the same is not true in criminal cases; you cannot appeal the order granting demurrer because it would result in double jeopardy.

 

But still, the risk is present. Here are the reasons. Under the Rules, you can file demurrer with or without leave of court. You will file demurrer purposely to expedite the proceedings so that your client will be assured of his constitutional right to speedy disposition of cases. If you will file motion for leave of court, that would take time to resolve, and in addition, assuming that the same would be granted, demurrer would also cost you another period. You are in effect risking your clients constitutional right.

So, if you are really sincere with the purpose of filing demurrer, you would file it right away to speed up your clients case and bypassed motion for leave of court. However, here, what you are placing at risk is the right to present evidence. That is why you should not resort to it unless you are sure.

[agentjackbauer]

Theoretically, you maybe correct toblerone. But not in actual practice.

 

First, let me clarify that I am talking about demurrer in criminal cases. Except for the risk of delay in case the demurrer is not granted, this strategy is relatively risk-free. No lawyer worth his salt will file a demurrer without leave of court, otherwise, like you said, he risks not being allowed to present his evidence once the demurrer is denied. The mere fact that leave to file a demurrer is denied should be an indication for a lawyer not to pursue the strategy. When a court allows a demurrer to be filed it is like saying 'hmm...tingnan natin, pag-isipan natin, baka pwede". Although it is not a sure thing, the chance to short circuit the entire process of presenting evidence for the accused is there. One should take this route if it is crystal clear (at least for the lawyer concerned, haha) that the evidence against the accused is not sufficient to establish his guilt beyond reasonable doubt.

 

As for your suggestion that if one is sincere in filing a demurrer, he should proceed to do so without asking for leave. I disagree. Although the motion for leave to file a demurrer may be filed separately from the demurrer itself, the suggested mode is to file a "Motion for Leave to File the Attached Demurrer". By doing so, you aid the court in deciding whether it should grant you leave since you are already attaching the vey demurrer you want the court to rule upon. In fact, you can secure the court's leave in a shorter way. After the prosecution rests its case in open court, you can manifest to the court that you intend to file a demurrer. Normally, after your manifestation, the court will grant you a period to file your demurrer. That is leave in itself because the court has allowed you to file a demurrer even without a "Motion for Leave to File a Demurrer". If you want to be clearer, you can top the manifestation and expressly move for a period to file a demurrer (yup, some courts do not observe the five-day rule). If the court grants you the period, that is also equivalent to leave of court.

 

Insofar as the order granting the demurrer not being appealable since it would result in double jeopardy, where is the risk there?Arent we talking about the strategy of the accused? So the fact that it is not subject to appeal IS a good thing for the accused.

[Guest k....]

dude, IE7 is still in stage 1 of beta testing.

stage 1 is beta testing for developers;

this means nasa technical evaluation palang.

 

kung gusto mo test, register ka sa MSDN.

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I found the IE7 installer from softpedia.com tho you wouldnt want to install it on a production machine; it's broken for the most part (sempre, technical beta nga eh) and as Windows is tied to IE in the most incomprehensible ways, it breaks other parts of the OS (windows update, being the most important)

 

the new organization of toolbar buttons is fugly theyre trying to make it look like the Vista IE, to a bad effect

 

speaking of which, sinong may DVD image ng Vista Beta 1?

[missmanners]

hey honorable lawyers, was wondering if someone can help me with a predicament...

 

what legal action can i take against an employer who i think fired me for the wrong reasons?

 

your quick replies will be appreciated! thanks much!

[tobleron222]

Theoretically, you maybe correct toblerone. But not in actual practice.

 

First, let me clarify that I am talking about demurrer in criminal cases. Except for the risk of delay in case the demurrer is not granted, this strategy is relatively risk-free. No lawyer worth his salt will file a demurrer without leave of court, otherwise, like you said, he risks not being allowed to present his evidence once the demurrer is denied. The mere fact that leave to file a demurrer is denied should be an indication for a lawyer not to pursue the strategy. When a court allows a demurrer to be filed it is like saying 'hmm...tingnan natin, pag-isipan natin, baka pwede". Although it is not a sure thing, the chance to short circuit the  entire process of presenting evidence for the accused is there. One should take this route if it is crystal clear (at least for the lawyer concerned, haha) that the evidence against the accused is not sufficient to establish his guilt beyond reasonable doubt.

 

As for your suggestion that if one is sincere in filing a demurrer, he should proceed to do so without asking for leave. I disagree. Although the motion for leave to file a demurrer may be filed separately from the demurrer itself, the suggested mode is to file a "Motion for Leave to File the Attached Demurrer". By doing so, you aid the court in deciding whether it should grant you leave since you are already attaching the vey demurrer you want the court to rule upon. In fact, you can secure the court's leave in a shorter way. After the prosecution rests its case in open court, you can manifest to the court that you intend to file a demurrer. Normally, after your manifestation, the court will grant you a period to file your demurrer. That is leave in itself because the court has allowed you to file a demurrer even without a "Motion for Leave to File a Demurrer". If you want to be clearer, you can top the manifestation and expressly move  for a period to file a demurrer (yup, some courts do not observe the five-day rule). If the court grants you the period, that is also equivalent to leave of court.

 

Insofar as the order granting the demurrer not being appealable since it would result in double jeopardy, where is the risk there?Arent we talking about the strategy of the accused? So the fact that it is not subject to appeal IS a good thing for the accused.

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"Except for the risk of delay ..."

"The mere fact that leave to file a demurrer is denied ..."

"When a court allows a demurrer to be filed it is like saying 'hmm...tingnan natin, pag-isipan natin, baka pwede.."

"Although it is not a sure thing, the chance to.."

 

That is why i said that the risk is there, no one is so sure how the court will act on your motion, be it a leave of court or demurrer. It could be favorable or it could be against the accused.

 

 

"No lawyer worth his salt will file a demurrer without leave of court..." And filing motion for leave would take some time to decide right?

"you can manifest to the court that you intend to file a demurrer..."

 

And assuming that right after your manifestation, your motion for leave of court was granted, when will you file your demurrer? the day after? two days, three..four...?how long would it take for the court to decide on your demurrer? a day after the filing of the demurrer?Improbable , is it not?

 

You have taken the chance e. Still that would cost you some period, be it short or a long one, and the fact remains that you put at risk your clients constitutional right.

 

"Insofar as the order granting the demurrer not being appealable since it would result in double jeopardy, where is the risk there?"

 

What gives your client the assurance that your demurrer will be granted?

 

The risk is more real in practice because the questions that have to asked are:

Can the accused afford to wait for the decisions on the motions?

Can you afford to loose the right to present evidence?

[cdma]

if you are the accused in a criminal case, why is there a risk in moving for a demurrer when you can ask for leave of court before filing one? risk-free yun di ba?the mere fact that the court grants you leave to file a demurrer is an indication that the case of the prosecution is not that strong, right?

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I agree that asking for leave of court and then filing a demurrer to evidence is sound strategy. To my mind filing a demurrer is for the benefit of the accused in most cases. The "delay" is more theoretical than real. It takes time to present defense evidence. The possibility of a favorable action on the demurrer negates the "lost" time.

 

I take exception to the generalization that once the court grants leave to file demurrer it indicates the evidence for the prosecution is not strong. But leave of court is a positive development, for the court is willing to take a look at the sufficiency of evidence.

[cdma]

hey xxxxx lawyers, was wondering if someone can help me with a predicament...

 

what legal action can i take against an employer who i think fired me for the wrong reasons?

 

your quick replies will be appreciated! thanks much!

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To constitute a valid dismissal from employment two requisites must concur:

 

a. The dismissal must be for any of the causes provided in Article 282 of the Labor Code, and,

 

b. The employee must be given an opportunity to be heard and to defend himself.

 

The two notice rule must be complied: There must be a notice stating the charges against an employee AND another notice of the decision to dismiss him.

 

Hence, if the termination was not in accordance with the above, the employee may file for Illegal Dismissal with claims for backwages, damages, and reinstatement.

 

Hope this helps.

[Fî$hKęŊ]

Mga Honor....tanong po

 

Legal po ba na humingi nang COE sa current company and previous company stating the complete and detailed job description and position/rank?? (like ako gagawa paparimahan ko lang sa kanila or via lawyer?)

[Fî$hKęŊ]

Is there such thing as Free Service Lawyer? Would you think if the service is Free, it will match the service of other Paid lawyers?

 

Just Curious