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Atty. Robert Divinagracia

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Tag: DUE PROCESS

In criminal cases, the right of the accused to be assisted by counsel is immutable.

Posted on June 11, 2020

Garry, a former sales agent of Mega Star Commercial, was charged with the crime of Estafa when he allegedly collected a check from one of the clients of the company, and despite…

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The essence of procedural due process is embodied in the basic requirement of notice and a real opportunity to be heard.

Posted on June 2, 2020

In Crim. Case No. R-QZN-15-04286, pending before the RTC of Quezon City Branch 86, Jimmy filed an extremely very urgent motion for reinvestigation and to recall warrant of arrest.  According to him,…

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Changing regulations in the middle of the proceedings without reason, after the violation has accrued, does not comply with fundamental fairness, or in other words, due process of law.

Posted on May 27, 2020

In January 2005, during a flag ceremony, petitioner asked the employees of the OSP what to do with the monetary contributions solicited in their December 2004 Christmas party charity drive. They agreed…

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  • Double Jeopardy:  In complex crimes, double jeopardy attaches when the first offense is a necessary means of committing the crime.
  • Gudelines that must be considered in cases concerning inordinate delay and the right to speedy disposition of cases:
  • Malversation: Direct Proof of Personal Conversion Is Not Indispensable…
  • Unlawful Detainer and Forcible Entry…
  • Criminal Law Decisions February 2026 Part 1.
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ADMINISTRATIVE LAW APPEAL ART. 36 FAMILY CODE BILL OF RIGHTS BP 22 CERTIORARI CIRCUMSTANTIAL EVIDENCE CIVIL LAW CRIMINAL LAW CRIMINAL PROCEDURE CYBERCRIME DAMAGES DOCUMENTARY EVIDENCE ELEMENTS OF THE CRIME ESTAFA EVIDENCE FAMILY CODE JURISDICTION LAW ON PUBLIC OFFICERS LIBEL MARRIAGE PENALTY POLITICAL LAW PRELIMINARY INVESTIGATION PRESCRIPTION PROBABLE CAUSE PROTECTION ORDERS PSYCHOLOGICAL INCAPACITY PSYCHOLOGICAL VIOLENCE QUALIFIED RAPE QUALIFIED THEFT RA 9165 RA 9208 RA 9262 RA 10175 RA 10591 RAPE RECKLESS IMPRUDENCE RECOGNITION OF FOREIGN DIVORCE JUDGMENT REMEDIAL LAW RULE 108 SERVICE OF SUMMONS SPECIAL PENAL LAWS STATUTORY RAPE VENUE

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