This case has been cited 4 times or more.
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2015-08-11 |
BRION, J. |
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| In Virata v. Sandiganbayan,[64] the Court expounded on the purpose of a bill of particulars as follows:It is the office or function, as well as the object or purpose, of a bill of particulars to amplify or limit a pleading, specify more minutely and particularly a claim or defense set up and pleaded in general terms, give information, not contained in the pleading, to the opposite party and the court as to the precise nature, character, scope, and extent of the cause of action or defense relied on by the pleader, and apprise the opposite party of the case which he has to meet, to the end that the proof at the trial may be limited to the matters specified, and in order that surprise at, and needless preparation for, the trial may be avoided, and that the opposite party may be aided in framing his answering pleading and preparing for trial. It has also been stated that it is the function or purpose of a bill of particulars to define, clarify, particularize, and limit or circumscribe the issues in the case, to expedite the trial, and assist the court. A general function or purpose of a bill of particulars is to prevent injustice or do justice in the case when that cannot be accomplished without the aid of such a bill.[65] | |||||
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2015-08-11 |
BRION, J. |
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| In U.S. v. Cernias,[55] however, the Court formally recognized the existence and applicability of a bill of particulars in criminal cases. In this case, the prosecution filed an information charging Basilio Cernias with several counts of brigandage before the Court of First Instance of Leyte. In overruling the accused’s objection, the Court declared that the prosecution’s act of specifying certain acts done by the conspirators in the Information “did no more than to furnish the defendant with a bill of particulars of the facts which it intended to prove at the trial x x x.”[56] | |||||
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2015-01-21 |
LEONARDO-DE CASTRO, J. |
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| For his part, former President Estrada presents the following significant arguments to defend his stay in office: that "the factual findings of public respondent COMELEC, the Constitutional body mandated to administer and enforce all laws relative to the conduct of the elections, [relative to the absoluteness of the pardon, the effects thereof, and the eligibility of former President Estrada to seek public elective office] are binding [and conclusive] on this Honorable Supreme Court;" that he "was granted an absolute pardon and thereby restored to his full civil and political rights, including the right to seek public elective office such as the mayoral (sic) position in the City of Manila;" that "the majority decision in the case of Salvacion A. Monsanto v. Fulgencio S. Factoran, Jr., which was erroneously cited by both Vidal and Lim as authority for their respective claims, x x x reveal that there was no discussion whatsoever in the ratio decidendi of the Monsanto case as to the alleged necessity for an expressed restoration of the 'right to hold public office in the pardon' as a legal pre-requisite to remove the subject perpetual special disqualification;" that moreover, the "principal question raised in this Monsanto case is whether or not a public officer, who has been granted an absolute pardon by the Chief Executive, is entitled to reinstatement to her former position without need of a new appointment;" that his "expressed acceptance [of the pardon] is not proof that the pardon extended to [him] is conditional and not absolute;" that this case is a mere rehash of the cases filed against him during his candidacy for President back in 2009-2010; that Articles 36 and 41 of the Revised Penal Code "cannot abridge or diminish the pardoning power of the President expressly granted by the Constitution;" that the text of the pardon granted to him substantially, if not fully, complied with the requirement posed by Article 36 of the Revised Penal Code as it was categorically stated in the said document that he was "restored to his civil and political rights;" that since pardon is an act of grace, it must be construed favorably in favor of the grantee;[25] and that his disqualification will result in massive disenfranchisement of the hundreds of thousands of Manileños who voted for him.[26] | |||||
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2007-12-17 |
QUISUMBING, J. |
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| Likewise we have ruled in Virata v. Sandiganbayan[45](1993) that Tantuico's applicability to that case was "ineluctable," and the propriety of the motion for a bill of particulars under Section 1, Rule 12 of the Revised Rules of Court was beyond dispute.[46] | |||||