Settled is the rule that the single act of issuing a bouncing check might give rise to two distinct criminal offenses: estafa and violation of Batas Pambansa Bilang 22 (BP 22). The mediation system performs the final screening function to assess regardless of whether a case is mediation-acceptable. A lead to of action or defence that is sufficiently established by a party’s proof to justify a verdict in his or her favor, supplied that the other party does not rebut that evedence a case supported by enough proof to justify its submission to the trier of truth and the rendition of a compatible verdict. Though, the similar act could spawn each a civil and a criminal case, the two legal cases are usually kept separate.
The basis for legal action—Criminal situations are often primarily based on allegations of violation of a statute (a written law, normally entitled a criminal code”). In a civil case, the parties are examined before trial by the other side in a method recognized as discovery. Circumstances that resolve by way of mediation might be topic to one particular of two possible legal case dispositions. The appellants are agriculturists by occupation and have no earlier criminal background.
In most situations the burden of proof, like the burden of going forward, shifts from 1 side to the other through the course of a trial as the case progresses and evidence is introduced by every side. Throughout a criminal trial, the state or federal government is accusing a … Read the rest >>>