Sunday, June 2, 2013

Oath or no oath: Regalado vs Riano

On page 81 of his book Criminal Procedure, Riano believes that oath makes the difference between complaint and information:


But Regalado believes otherwise on page 228 of his book Remedial Law Compendium, 11th Edition:

In  Estudillo cited  by Riano it looks like the SC leaned towards him. Did Regalado miss this?

Or is there a difference between the information in Sec. 4 of Rule 110 and the information in Sec. 4 of Rule 112?

Personally, I go for Regalado's opinion.
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3 comments:

  1. UnknownJuly 3, 2015 at 11:31 PM

    I think Dean Riano distinguished 'oath' as the undertaking by the complainant as opposed to the prosecutor. Justice Regalado, on the other hand, distinguished between 'oath' required to by the old and the new rules rather than to the complainant.. They are not referring to the same undertaking of oath.

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  2. UnknownJuly 3, 2015 at 11:43 PM

    I think Dean Riano distinguished 'oath' as the undertaking by the complainant as opposed to the prosecutor. Justice Regalado, on the other hand, distinguished between 'oath' required to by the old and the new rules rather than to the complainant.. They are not referring to the same undertaking of oath.

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  3. Rank MeridaJuly 4, 2015 at 11:26 PM

    I'll look into this again as I am now reviewing remedial law. Thanks for the insight.

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