legal Free Legal Advice

[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.

<{POST_SNAPBACK}>

 

 

"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?

<{POST_SNAPBACK}>

 

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!

<{POST_SNAPBACK}>

 

 

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

[council]

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.

<{POST_SNAPBACK}>

 

In the case of Agabon vs NLRC though, the SC ruled that non-observance of due process does not mean that the dismissal is illegal. The dismissal can still be considered legal provided there was just cause for termination.

[boibastos]

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

<{POST_SNAPBACK}>

 

Yes, there are. You have the Public Attorneys' Office which is supposed to give free legal services to the public. A Court may also appoint a counsel de officio in cases such as where a party cannot afford a lawyer. There's also the Free Legal Assistance Group (FLAG), I believe they handled Leo Echegaray among others.

 

There are some exceptional cases, but what I observed is (especially with the PAO) you get what you pay for.

[tobleron222]

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!

<{POST_SNAPBACK}>

 

 

I think providing more specific data will help us give you a more specific answer. Your position and the reasons for termination will matter a lot in determining the proper legal action to take. The consequences of terminating managerial employee as compared to a rank and file are different.

[tobleron222]

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

<{POST_SNAPBACK}>

 

 

alternative

 

Legal aid office of some accredited law schools; wag na lang natin i-post un name

[tobleron222]

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?)

<{POST_SNAPBACK}>

 

 

yup, legal na legal po, wala pong masama dun, in fact business community encourages the practice and the reason lies in the principle of reciprocity.

[Fî$hKęŊ]

maraming salamat tobleron ur honor.........

 

sabihin mo na lang sa akin sa wed

[vicaner]

guys i once posted a query here a while ago bout my media player, appreciated the response but i still havent been able to fix it. I still get the message : ' an internal application error has occured" and then nothing else. media player just doesnt run. i have winxp pro with sp2, media player 9 series. i have tried uninstalling it (no luck) tried deleting the media player files manually but for some reason, it keeps popping back in and i cant delete the folder itself "cannot delete windows media player: it is being used by another person or program" when i didnt even load it or used it! what the frag! tried wiping it with a couple of programs that i have that says it will permanently delete the files (no luck) uninstalling it through remove/add windows component. tried upgrading to windows media player 10 (still the same message after upgrade) what on earth should i do? tried uninstalling all my video codecs as well (for those who suggested this before tried it na rin, no luck) no worries naman kasi i use media player classic as my default player but i have some programs (microsoft encarta) that needs it to run. any more suggestions? thanks.

[Guest Leviticus]

guys i once posted a query here a while ago bout my media player, appreciated the response but i still havent been able to fix it. I still get the message : ' an internal application error has occured" and then nothing else. media player just doesnt run. i have winxp pro with sp2, media player 9 series. i have tried uninstalling it (no luck) tried deleting the media player files manually but for some reason, it keeps popping back in and i cant delete the folder itself "cannot delete windows media player: it is being used by another person or program" when i didnt even load it or used it! what the frag! tried wiping it with a couple of programs that i have that says it will permanently delete the files (no luck) uninstalling it through remove/add windows component. tried upgrading to windows media player 10 (still the same message after upgrade) what on earth should i do? tried uninstalling all my video codecs as well (for those who suggested this before tried it na rin, no luck) no worries naman kasi i use media player classic as my default player but i have some programs (microsoft encarta) that needs it to run. any more suggestions? thanks.

<{POST_SNAPBACK}>

^^^ Try to do the above procedures in SAFE MODE

[pogingpogi2x]

pwede ba magamit ang workstation na may windows 2000 OS na di mo alam yung admin password, o wala kang account? anyone?

[pogingpogi2x]

pwede ba magamit ang workstation na may windows 2000 OS na di mo alam yung admin password, o wala kang account? anyone?

<{POST_SNAPBACK}>

 

Loptop DELL Latitute LS

OS: windows 2000 pro

FDD: none

Cd: None

USB: 1

 

help anyone?